[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3887 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3887

_______________________________________________________________________

                                 AN ACT


 
To authorize appropriations for fiscal years 2008 through 2011 for the 
  Trafficking Victims Protection Act of 2000, to enhance measures to 
         combat trafficking in persons, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 
2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Prevention and prosecution of trafficking in foreign 
                            countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum 
                            standards.
Sec. 108. Research on domestic and international trafficking in 
                            persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat 
                            Trafficking in Persons.
Sec. 110. Responsibilities of consular officers of the Department of 
                            State.
Sec. 111. Report on activities of the Department of Labor to monitor 
                            and combat forced labor and child labor.
Sec. 112. Sense of Congress regarding multilateral framework between 
                            labor exporting and labor importing 
                            countries.
    TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Information for work-based nonimmigrants on legal rights and 
                            resources.
Sec. 203. Relief for certain victims pending actions on petitions and 
                            applications for relief.
Sec. 204. Expansion of authority to permit continued presence in the 
                            United States.
Sec. 205. Implementation of Trafficking Victims Protection 
                            Reauthorization Act of 2005.
             Subtitle B--Assistance for Trafficking Victims

Sec. 211. Victim of trafficking certification process.
Sec. 212. Assistance for certain nonimmigrant status applicants.
Sec. 213. Interim assistance for child victims of trafficking.
Sec. 214. Ensuring assistance for all victims of trafficking in 
                            persons.
       Subtitle C--Penalties Against Traffickers and Other Crimes

Sec. 221. Enhancing trafficking and other related offenses.
Sec. 222. Jurisdiction in certain trafficking offenses.
Sec. 223. Amendment of other crimes related to trafficking.
Sec. 224. New model statute provided to States.
         Subtitle D--Activities of the United States Government

Sec. 231. Annual report by the Attorney General.
Sec. 232. Anti-trafficking survey and conferences.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Efforts by Departments of Justice and Labor to combat human 
                            trafficking.
Sec. 235. Preventing United States travel by traffickers.
Sec. 236. Enhancing efforts to combat the trafficking of children.
Sec. 237. Temporary increase in fee for certain consular services.
              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.
           TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Sense of Congress.
Sec. 405. Prohibition on provision of military assistance to foreign 
                            governments that recruit or use child 
                            soldiers.
Sec. 406. Reports.
Sec. 407. Training for Foreign Service officers.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    Section 105(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of 
Education,'' after ``the Secretary of Homeland Security,''.

SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

    (a) In General.--Section 105(e) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7103(e)) is amended to read as 
follows:
    ``(e) Office to Monitor and Combat Trafficking.--
            ``(1) Establishment.--The Secretary of State shall 
        establish within the Department of State an Office to Monitor 
        and Combat Trafficking, which shall be headed by a Director, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate, with the rank of Ambassador-at-
        Large.
            ``(2) Responsibilities.--The Director shall have the 
        following responsibilities:
                    ``(A) The Director shall have primary 
                responsibility for assisting the Secretary of State in 
                carrying out the purposes of this division, shall 
                provide assistance to the Task Force, and may have 
                additional responsibilities as determined by the 
                Secretary of State.
                    ``(B) The Director shall consult with 
                nongovernmental organizations and multilateral 
                organizations, and with trafficking victims or other 
                affected persons. The Director shall have the authority 
                to take evidence in public hearings or by other means.
                    ``(C) The Director shall, in coordination and 
                cooperation with the Assistant Secretary for 
                International Labor Affairs and other officials at the 
                Department of State involved in corporate 
                responsibility and other relevant officials of the 
                United States Government, be responsible for promoting, 
                building, and sustaining partnerships between the 
                United States Government and private entities 
                (including foundations, universities, corporations, 
                community-based organizations, and other 
                nongovernmental organizations) to ensure that United 
                States citizens do not use any item, product, or 
                material produced or extracted with the use of labor 
                from victims of severe forms of trafficking and to 
                ensure that such entities do not contribute to 
                trafficking in persons involving sexual exploitation, 
                such as through work with the airlines and tourism 
                industries.
                    ``(D) The Director shall be solely responsible for 
                all policy, funding, and programming decisions 
                regarding funds made available for trafficking in 
                persons programs that are centrally controlled by the 
                Department of State.
            ``(3) Coordination.--Any trafficking in persons programs of 
        the Department of State or the United States Agency for 
        International Development that are not centrally controlled by 
        the Department of State shall be carried out with concurrence 
        of the Director.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Secretary of State should make every effort to 
        locate the Office to Monitor and Combat Trafficking, 
        established pursuant to section 105(e) of the Trafficking 
        Victims Protection Act of 2000 (as amended by subsection (a) of 
        this section), at the headquarters for the Department of State, 
        known as the Harry S. Truman Federal Building, located in the 
        District of Columbia; and
            (2) the Office to Monitor and Combat Trafficking should be 
        assigned office space in such building that reflects the 
        importance of the implementation of such Act and the broad and 
        historic mission of the Office to end modern-day slavery.

SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN 
              COUNTRIES.

    (a) Prevention.--Section 106 of the Trafficking Victims Protection 
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the 
following new subsection:
    ``(i) Additional Measures To Prevent and Deter Trafficking.--The 
President shall establish and carry out programs to prevent and deter 
trafficking in persons. Such programs may include--
            ``(1) technical assistance and other support for the 
        capacity of foreign governments to investigate, identify, and 
        carry out inspections of private entities, including labor 
        recruitment centers, at which trafficking victims may be 
        exploited, particularly exploitation involving forced and child 
        labor;
            ``(2) technical assistance and other support for foreign 
        governments and nongovernmental organizations to provide 
        immigrant populations with information regarding the rights of 
        such populations in the foreign country and any information 
        regarding in-country nongovernmental organization-operated 
        hotlines of the type described in section 107(a)(1)(A) of this 
        Act, with such information to be provided in the native 
        languages of the major immigrant groups of such populations;
            ``(3) technical assistance to provide legal frameworks and 
        other programs to foreign governments and nongovernmental 
        organizations to ensure that foreign migrant workers are 
        provided protection equal to nationals of the foreign country, 
        that labor recruitment firms are regulated, and that workers 
        providing domestic services in households are provided 
        protection under labor rights laws; and
            ``(4) assistance to foreign governments to register 
        vulnerable populations as citizens or nationals of the country 
        to reduce the ability of traffickers to exploit such 
        populations.''.
    (b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before 
the semi-colon the following: ``, including investigation of 
individuals and entities that may be involved in trafficking in persons 
involving sexual exploitation''.

SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES.

    Section 107(a) of Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by inserting at the end 
                before the period the following: ``, and shall be 
                carried out in a manner which takes into account the 
                cross-border, regional, and transnational aspects of 
                trafficking in persons''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) In cooperation and coordination with the 
                United Nations High Commissioner for Refugees, the 
                International Organization of Migration, and other 
                relevant organizations (including private 
                nongovernmental organizations that contract with the 
                United States Government to assist refugees and 
                internally displaced persons), support for increased 
                protections for refugees and internally displaced 
                persons, including outreach and education efforts to 
                prevent such refugees and internally displaced persons 
                from being exploited by traffickers and ensuring 
                performance of best interest determinations for 
                unaccompanied and separated children to identify child 
                trafficking victims and assist their safe integration, 
                reintegration, and resettlement.''; and
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``In carrying out this paragraph, the Secretary 
        and the Administrator shall take all appropriate steps to 
        ensure that cooperative efforts among foreign countries are 
        undertaken on a regional basis.''.

SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

    (a) Findings.--Congress makes the following findings:
            (1) United States assistance programs require enhanced 
        monitoring and evaluation to ensure that United States funds 
        are appropriately spent.
            (2) Such monitoring and evaluation should measure results--
        the actual effects of assistance--as well as outcomes--the 
        numerical product of assistance, such as the number of 
        individuals assisted, systems established, and funds provided 
        through programs.
            (3) While the results of programs related to trafficking in 
        persons may be difficult to measure because of the criminal and 
        underground nature of trafficking in persons, making efforts to 
        measure such results are critical to learning the extent to 
        which United States assistance programs affect the nature and 
        severity of trafficking and change the fundamental conditions 
        that facilitate trafficking.
    (b) Amendment.--The Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.) is amended by inserting after section 107 the 
following new section:

``SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

    ``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
The head of each department and agency of the United States Government 
that administers funds made available for programs described in this 
division and the amendments made by this division in the United States 
and foreign countries shall--
            ``(1) make solicitations of grants, cooperative agreements, 
        and contracts for such programs publicly available;
            ``(2) award grants, cooperative agreements, and contracts 
        on a full and open competitive basis, consistent with existing 
        law; and
            ``(3) ensure that internal department or agency review 
        process for such grants, cooperative agreements, and contracts 
        is not subject to ad hoc or intermittent review by individuals 
        or organizations outside the United States Government not 
        otherwise provided for in the process described in paragraphs 
        (1) and (2).
    ``(b) Evaluation of Trafficking Programs.--
            ``(1) In general.--The President shall establish and 
        implement a system to monitor and evaluate the effectiveness 
        and efficiency of assistance provided under anti-trafficking 
        programs established and carried out under this division and 
        the amendments made by this division on a program-by-program 
        basis in order to maximize the long-term sustainable 
        development impact of such assistance.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        President shall--
                    ``(A) establish performance goals for assistance 
                described in paragraph (1) and express such goals in an 
                objective and quantifiable form, to the extent 
                practicable;
                    ``(B) ensure that performance indicators are used 
                for each United States program authorized by this 
                division and the amendments made by this division to 
                measure and assess the achievement of the performance 
                goals described in subparagraph (A); and
                    ``(C) provide a basis for recommendations for 
                adjustments to assistance described in paragraph (1) to 
                enhance the impact of such assistance.
    ``(c) Targeted Use of Trafficking Programs.--The Director of the 
Office to Monitor and Combat Trafficking shall undertake efforts to 
provide assistance to foreign countries and nongovernmental 
organizations under this division and the amendments made by this 
division based on the priorities and country assessments contained in 
the most recent report submitted by the Secretary of State to Congress 
pursuant to section 110(b) of this Act.
    ``(d) Consistency With Other Programs.--The President shall take 
steps to ensure that the design, monitoring, and evaluation of United 
States assistance programs for emergency relief, development, and 
poverty alleviation under part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 and other similar United States 
assistance programs are carried out in a manner that takes into account 
and are consistent with United States policies and other United States 
programs relating to combatting trafficking in persons.
    ``(e) Authorization of Appropriations.--For each of the fiscal 
years 2008 through 2011, up to 2 percent of the amounts made available 
to carry out this division and the amendments made by this division may 
be used to carry out this section.''.

SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Minimum Standards.--Subsection (a) of section 108 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106) is amended 
in the matter preceding paragraph (1) by striking ``a significant 
number of''.
    (b) Criteria.--Subsection (b) of such section is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by inserting at the end 
                before the period the following: ``, including in all 
                appropriate cases requiring incarceration of 
                individuals convicted of such acts''; and
                    (B) by inserting after the first sentence the 
                following new sentence: ``For purposes of the preceding 
                sentence, suspended or significantly-reduced sentences 
                for convictions of principal actors in cases of severe 
                forms of trafficking in persons shall not be considered 
                to be an indicator of serious and sustained efforts to 
                eliminate severe forms of trafficking in persons.'';
            (2) in paragraph (2), by inserting at the end before the 
        period the following: ``, including by providing training to 
        law enforcement and immigration officials in the identification 
        and treatment of trafficking victims using approaches that 
        focus on the needs of the victims'';
            (3) in paragraph (3), by striking ``, measures to reduce 
        the demand for commercial sex acts and for participation in 
        international sex tourism by nationals of the country'' and 
        inserting ``, measures to establish the identity of local 
        populations, including birth registration, citizenship, and 
        nationality''; and
            (4) by adding at the end the following new paragraph:
            ``(11) Whether the government of the country has made 
        serious and sustained efforts to reduce the demand for--
                    ``(A) commercial sex acts; and
                    ``(B) participation in international sex tourism by 
                nationals of the country.''.

SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
              STANDARDS.

    (a) Countries on Special Watch List Relating to Trafficking in 
Persons for Two Consecutive Years.--Subsection (b)(3) of section 110 of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is 
amended by adding the following at the end the following new 
subparagraph:
                    ``(D) Countries on special watch list for two 
                consecutive years.--If a country is included on the 
                special watch list described in subparagraph (A) for 
                two consecutive years, such country shall be included 
                on the list of countries described in paragraph (1)(C), 
                unless the Secretary of State determines that (i) the 
                country has a written plan to begin making significant 
                efforts to bring itself into compliance with the 
                minimum standards for the elimination of trafficking, 
                (ii) the plan, if implemented, would constitute making 
                such significant efforts, and (iii) the country is 
                devoting sufficient resources to implement the plan, 
                and, as part of the report required by paragraph (1) 
                and the interim assessment required by subparagraph 
                (B), the Secretary provides to the appropriate 
                congressional committees credible evidence that the 
                country meets the requirements of clauses (i) through 
                (iii). The Secretary may make a determination under the 
                preceding sentence with respect to a country for not 
                more than two consecutive years.''.
    (b) Clarification of Measures Against Certain Foreign Countries.--
Subsection (d)(1)(A)(ii) of such section is amended by striking ``the 
United States will not provide'' and inserting ``the United States will 
not provide such assistance to the government of the country for the 
subsequent fiscal year and will not provide''.
    (c) Translation of Trafficking in Persons Report.--
            (1) Translation required.--The Secretary of State shall 
        expand the timely translation of the annual report required 
        under section 110(b) of the Trafficking Victims Protection Act 
        of 2000 (22 U.S.C. 7107(b)) into the principal languages of as 
        many countries as possible, with particular emphasis on those 
        countries on the lists described in subparagraphs (B) and (C) 
        of paragraph (1) of such section and shall ensure that such 
        translations are made available to the public, including 
        through postings on appropriate Internet websites.
            (2) Matters to be included.--The translation required by 
        paragraph (1) shall include the introduction, other sections of 
        general interest, and the relevant country narratives of the 
        annual report. The Secretary of State shall ensure that such 
        translations are available on the Internet website of the 
        Department of State.

SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
              PERSONS.

    (a) In General.--Subsection (a)(5) of section 112A of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended 
by adding at the end the following new sentence: ``Such mechanism shall 
include, not later than two years after the date of the enactment of 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2007, the establishment of an integrated data base by combining 
all applicable data collected by each Federal department and agency 
represented on the Interagency Task Force to Monitor and Combat 
Trafficking (established under section 105 of this Act) and, to the 
maximum extent practicable, applicable data from relevant international 
organizations, for the purposes of improving coordination of the 
collection of data related to trafficking in persons by each agency of 
the United States Government that collects such data, promoting 
uniformity of such data collection and standards and systems related to 
such collection, and undertaking a meta-analysis of patterns of 
trafficking in persons, slavery, and slave-like conditions.''.
    (b) Role of Government.--Subsection (b) of such section is amended 
by inserting after ``subsection (a)(4)'' the following: ``and the 
second sentence of subsection (a)(5)''.

SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT 
              TRAFFICKING IN PERSONS.

    The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.) is amended by inserting after section 112A the following new 
section:

``SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT 
              TRAFFICKING IN PERSONS.

    ``(a) Establishment of Award.--The President is authorized to 
establish an award for extraordinary efforts to combat trafficking in 
persons, to be known as the `Presidential Award for Extraordinary 
Efforts to Combat Trafficking in Persons'. To the maximum extent 
practicable, the Secretary should make the award annually to up to 5 
individuals or organizations, including individuals who are United 
States citizens or foreign nationals and United States or foreign 
nongovernmental organizations.
    ``(b) Selection.--The President shall establish procedures for 
selecting recipients of the award authorized under subsection (a).
    ``(c) Ceremony.--The President shall host an annual ceremony for 
recipients of the award authorized under subsection (a) at the time the 
report required by section 110(b) of this Act is submitted by the 
Secretary of State to Congress pursuant to such section. The Secretary 
of State is authorized to pay the costs associated with travel by each 
recipient and a guest of the recipient to the ceremony.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of the fiscal years 2008 through 2011.''.

SEC. 110. RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF 
              STATE.

    (a) Interviews.--
            (1) In general.--In the case of a consular interview of an 
        alien for an employment- or education-based nonimmigrant visa, 
        the consular officer conducting the interview shall ensure that 
        the alien has received, both orally in a language that the 
        applicant understands and though the pamphlet required under 
        section 202, information relating to the following:
                    (A) The illegality of slavery, peonage, trafficking 
                in persons, sexual assault, extortion, blackmail and 
                worker exploitation in the United States, and the right 
                of the alien to retain the alien's passport in the 
                alien's possession at all times.
                    (B) The availability of services for victims of 
                human trafficking and worker exploitation in the United 
                States, including the contact information for relevant 
                community organizations that provide services to 
                trafficking victims (to the extent practicable), 
                Federal law enforcement and victim services complaint 
                lines, and a general description of the types of 
                victims services available if an individual is subject 
                to trafficking in persons.
                    (C) The legal rights of immigrant victims of 
                trafficking in persons, worker exploitation, and other 
                related crimes under immigration, labor, and employment 
                law, including the right to report abuse without 
                retaliation, the availability of immigration and public 
                benefits to such victims, and the right to seek redress 
                in United States courts.
                    (D) If applicable, the requirements that section 
                202(g)(2) places upon persons engaging in foreign labor 
                contracting activity.
            (2) Review.--Before conducting an interview described in 
        paragraph (1), the consular officer shall review the summary of 
        the pamphlet required under section 202.
            (3) Definition.--In this subsection, the term ``employment- 
        or education-based nonimmigrant visa'' has the meaning given 
        such term in section 202(h).
    (b) Special Provisions Relating to Aliens Issued A-3 and G-5 
Visas.--
            (1) Elements of mandatory interview.--The interview 
        required under subsection (a) shall be required for the 
        issuance to an alien of a nonimmigrant visa under subparagraph 
        (A)(iii) or (G)(v) of section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)). The consular officer 
        conducting the interview shall ensure that the employment 
        contract of the alien is in a language that the alien can 
        understand.
            (2) Feasibility of oversight of employees of diplomats and 
        representatives of other institutions.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        State shall submit to the Committee on Foreign Affairs of the 
        House of Representatives and the Committee on Foreign Relations 
        of the Senate a report on the feasibility of--
                    (A) establishing a system to monitor the treatment 
                of aliens who have been admitted to the United States 
                as nonimmigrants described in subparagraph (A)(iii) or 
                (G)(v) of section 101(a)(15) of the Immigration and 
                Nationality Act; and
                    (B) a range of compensation approaches, such as a 
                bond program, compensation fund, or insurance scheme, 
                to ensure that nonimmigrants described in subparagraph 
                (A)(iii) or (G)(v) of section 101(a)(15) of the 
                Immigration and Nationality Act receive appropriate 
                compensation if their employer violates the terms of 
                their employment contract and, with respect to each 
                proposed compensation approach, an evaluation and 
                proposal of how claims of rights violations will be 
                adjudicated, compensation determinations will be made, 
                and the program, fund, or scheme will be administered.
            (3) Assistance to law enforcement investigations.--The 
        Secretary of State shall cooperate, to the fullest extent 
        possible consistent with the United States obligations under 
        the Vienna Convention on Diplomatic Relations, done at Vienna, 
        April 18, 1961, (23 U.S.T. 3229), with any investigation by 
        United States law enforcement authorities of crimes related to 
        trafficking in persons, worker exploitation, or other related 
        violations of United States law with respect to an alien 
        described in paragraph (1).
            (4) Zero tolerance for abuse.--
                    (A) Limitation.--The Secretary of State shall 
                direct consular officers not to issue a visa to an 
                alien who applies for a visa under subparagraph 
                (A)(iii) or (G)(v) of section 101(a)(15) of the 
                Immigration and Nationality Act if the person who would 
                employ such an alien serves at a diplomatic mission or 
                an international institution described in subparagraph 
                (B) of this paragraph.
                    (B) Mission or institution.--A diplomatic mission 
                or international institution is referred to in 
                subparagraph (A) if--
                            (i) the Secretary of State determines that 
                        an alien described in paragraph (1) has been 
                        subjected to trafficking of persons, worker 
                        exploitation, or other related violations of 
                        United States law, by an individual serving at 
                        such a mission or institution during the two 
                        year period before the date of the application 
                        for a visa referred to in subparagraph (A); or
                            (ii) an individual serving at such a 
                        mission or institution has departed the United 
                        States and there is credible evidence that such 
                        individual trafficked, exploited, or otherwise 
                        abused an alien described in paragraph (1).
                    (C) Exception.--The Secretary of State may suspend 
                the application of the limitation under subparagraph 
                (A) if the Secretary determines and reports to the 
                committees specified in paragraph (2) that a mechanism 
                is in place to ensure that such trafficking, 
                exploitation, or abuse does not occur again with 
                respect to any alien employed by such mission or 
                institution.
            (5) Report.--Not later than June 1, 2008, and annually 
        thereafter, the Secretary of State shall submit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        describing the diplomatic missions or international 
        institutions that are subject to the visa restriction referred 
        to in subparagraph (A) of paragraph (4), any exceptions that 
        have been made pursuant to subparagraph (C) of such paragraph 
        (4), and any requests for waivers of diplomatic immunity that 
        have been made that are related to actions involving 
        trafficking of persons, worker exploitation, or other related 
        violations of United States law. Such report may be combined 
        with the annual report required by section 110(b) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)).

SEC. 111. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR 
              AND COMBAT FORCED LABOR AND CHILD LABOR.

    (a) Interim Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Labor shall submit to the 
appropriate congressional committees an interim report on the 
implementation of section 105(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (22 U.S.C. 7112(b)), which shall include a 
description of the progress made toward developing the list of goods 
described in paragraph (2)(C) of such section.
    (b) Final Report; Public Availability of List.--Not later than 
January 15, 2009, the Secretary of Labor shall--
            (1) submit to the appropriate congressional committees a 
        final report on the implementation of section 105(b) of the 
        Trafficking Victims Protection Reauthorization Act of 2005, 
        which shall include an initial list of goods described in 
        paragraph (2)(C) of such section; and
            (2) make available to the public such list of goods in 
        accordance with paragraph (2)(C) of such section.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' has the meaning given 
the term in section 103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102).

SEC. 112. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN 
              LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.

    It is the sense of Congress that the Secretary of State, in 
conjunction with the International Labor Organization, the United 
Nations Office of Drug and Crime Prevention, and other relevant 
international and nongovernmental organizations, should seek to 
establish a multilateral framework between labor exporting and labor 
importing countries to ensure that workers migrating between such 
countries are protected from trafficking in persons and worker 
exploitation of any kind.

    TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

    (a) T Visas.--Section 101(a)(15)(T) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``Security and the Attorney General jointly;'' 
                and inserting ``Security, in consultation with the 
                Attorney General,'';
                    (B) in subclause (I), by striking the comma at the 
                end and inserting a semicolon;
                    (C) in subclause (II), by adding at the end the 
                following: ``including physical presence on account of 
                the alien having been allowed entry into the United 
                States for participation in investigative or judicial 
                processes;'';
                    (D) in subclause (III)--
                            (i) in item (aa), by striking ``or'' at the 
                        end;
                            (ii) in item (bb), by striking ``, and'' at 
                        the end and inserting ``; and'';
                            (iii) by redesignating item (bb) as item 
                        (cc); and
                            (iv) by inserting after item (aa) the 
                        following:
                    ``(bb) in the Secretary's sole and unreviewable 
                discretion, in consultation with the Attorney General, 
                that the alien is unlikely or unable to cooperate with 
                such a request due to physical or psychological trauma; 
                or''; and
                    (E) in subclause (IV), by adding ``and'' at the 
                end;
            (2) in clause (ii)--
                    (A) in subclause (I), by striking ``or'' at the 
                end;
                    (B) in subclause (II), by striking ``and'' at the 
                end and inserting ``or''; and
                    (C) by adding the following at the end:
                    ``(III) any parents or siblings of an alien 
                described in subclause (I) or (II) who face a present 
                danger of retaliation, as attested to by a 
                representative of a law enforcement agency, as a result 
                of the alien's escape from the severe form of 
                trafficking or cooperation with law enforcement.''; and
            (3) by striking clause (iii).
    (b) Requirements for T Visa Issuance.--Section 214(o) of the 
Immigration and Nationality Act (8 U.S.C. 1184(o)) is amended--
            (1) in paragraph (7)(B)--
                    (A) by striking ``subparagraph (A) if a Federal'' 
                and inserting the following:
``subparagraph (A) if--
            ``(i) a Federal'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
            ``(ii) the Secretary of Homeland Security determines, as a 
        matter of the Secretary's sole discretion, that an extension of 
        the period of such nonimmigrant status is warranted due to 
        exceptional circumstances.''; and
            (2) by adding at the end the following:
    ``(8) In determining whether extreme hardship described in section 
101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland Security, in 
consultation with the Attorney General and relevant investigators, 
prosecutors, and individuals responsible for working with victims and 
witnesses, may consider whether the country to which the alien is 
likely to be removed can adequately address security concerns and the 
mental and physical health needs of the alien and of persons described 
in section 101(a)(15)(T)(ii).''.
    (c) Conditions on Nonimmigrant Status for Certain Crime Victims.--
Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)(6)) is amended by adding at the end the following: ``The 
Secretary of Homeland Security may extend the authorized period of 
status of an alien as a nonimmigrant under section 101(a)(15)(U) of 
this title for a period exceeding 4 years if the Secretary determines, 
as a matter of the Secretary's sole discretion, that an extension of 
such period is warranted due to exceptional circumstances.''.
    (d) Adjustment of Status for Trafficking Victims.--Section 245(l) 
of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``the Attorney General,,'' and inserting ``the 
        Secretary of Homeland Security in consultation with the 
        Attorney General,'';
            (2) in paragraph (1)(B), by inserting ``subject to 
        paragraph (6),'' after ``(B)'';
            (3) in paragraph (1)(C)(ii), by striking ``, or in the case 
        of subparagraph (C)(i), the Attorney General,'';
            (4) in paragraph (3), by striking the period at the end and 
        inserting the following: ``, unless the absence is in order to 
        assist in the investigation or prosecution or unless an 
        official involved in the investigation or prosecution certifies 
        that the absence was otherwise justified.''; and
            (5) by adding at the end the following:
    ``(6) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security, in the Secretary's sole and unreviewable discretion, may 
waive consideration of a disqualification from good moral character 
(described in section 101(f)) with respect to an alien if the 
disqualification was caused by, or was incident to, the trafficking 
described in section 101(a)(15)(T)(i)(I).''.
    (e) Adjustment of Status for Crime Victims.--Section 245(m)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended, 
in the matter preceding subparagraph (A), by striking ``unless the 
Attorney General'' and inserting ``unless the Secretary, in 
consultation with the Attorney General,''.

SEC. 202. INFORMATION FOR WORK-BASED NONIMMIGRANTS ON LEGAL RIGHTS AND 
              RESOURCES.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of State, the Attorney General, and the 
Secretary of Labor, shall develop an information pamphlet, as described 
in subsection (b), on legal rights and resources for aliens applying 
for employment- or education-based nonimmigrant visas, and shall 
distribute and make such pamphlet available as described in subsection 
(e). In preparing the information pamphlet, the Secretary of Homeland 
Security shall consult with nongovernmental organizations with 
expertise on the legal rights of workers and victims of severe forms of 
trafficking in persons.
    (b) Information Pamphlet.--The information pamphlet developed under 
subsection (a) shall include information on employment- or education-
based nonimmigrant visas or on student or cultural exchanges, as 
follows:
            (1) The nonimmigrant visa application processes, including 
        information about whether the particular employment- or 
        education-based nonimmigrant visa program includes portability 
        of employment or educational institution.
            (2) The illegality of slavery, peonage, trafficking in 
        persons, sexual assault, extortion, blackmail, and worker 
        exploitation in the United States.
            (3) Services for victims of severe forms of trafficking in 
        persons and worker exploitation in the United States, including 
        Federal law enforcement and victim services complaint lines.
            (4) The legal rights of immigrant victims of worker 
        exploitation and other crimes in immigration, criminal justice, 
        family law, and other matters, including the right of access to 
        immigrant and labor rights groups, the right to seek redress in 
        United States courts, and the right to report abuse without 
        retaliation.
            (5) The requirements that subsection (g) places upon a 
        person engaging in foreign labor contracting activity, 
        including the disclosure of any debts.
    (c) Summaries.--The Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, shall develop 
summaries of the information pamphlet developed under subsection (a) 
that shall be used by Federal officials when reviewing the pamphlet in 
interviews required by section 110.
    (d) Translation.--
            (1) In general.--In order to best serve the language groups 
        having the greatest concentration of employment- or education-
        based nonimmigrant visas, the information pamphlet developed 
        under subsection (a) shall, subject to paragraph (2), be 
        translated by the Secretary of State into foreign languages, 
        including Russian, Spanish, Tagalog, Vietnamese, Chinese, 
        Ukrainian, Thai, Korean, Polish, Japanese, French, Creole, 
        Arabic, Portuguese, Hindi, and such other languages as the 
        Secretary of State, in the Secretary's discretion, may specify.
            (2) Revision.--Every two years, the Secretary of Homeland 
        Security, in consultation with the Attorney General and the 
        Secretary of State, shall determine at least 14 specific 
        languages into which the information pamphlet shall be 
        translated based on the languages spoken by the greatest 
        concentrations of employment- or education-based nonimmigrant 
        visas.
    (e) Availability and Distribution.--
            (1) Posting on federal websites.--The information pamphlet 
        developed under subsection (a) shall be posted on the websites 
        of the Department of State and the Department of Homeland 
        Security, as well as on the websites of all United States 
        consular posts processing applications for nonimmigrant visas.
            (2) Other distribution.--The information pamphlet developed 
        under subsection (a) shall also be made available to any 
        foreign labor broker, government agency, or nongovernmental 
        advocacy organization.
    (f) Deadline for Pamphlet Development and Distribution.--The 
information pamphlet developed under subsection (a) shall be 
distributed and made available (including in the languages specified 
under subsection (d)) not later than 180 days after the date of the 
enactment of this Act.
    (g) Protections for Workers Recruited Abroad.--
            (1) Definitions.--In this section--
                    (A) the term ``foreign labor contractor'' means any 
                person who for any money or other consideration paid or 
                promised to be paid, performs any foreign labor 
                contracting activity;
                    (B) the term ``foreign labor contracting activity'' 
                means recruiting, soliciting, hiring, employing, or 
                furnishing, an individual who resides outside of the 
                United States to be employed in the United States; and
                    (C) the term ``worker'' means an individual who is 
                the subject of foreign labor contracting activity.
            (2) Disclosure.--Any person who engages in foreign labor 
        contracting activity shall ascertain and disclose in writing, 
        in English and in a language understood by the worker being 
        recruited, to each worker who is recruited for employment, at 
        the time of the worker's recruitment, the following 
        information:
                    (A) The location and period of employment, and any 
                travel or transportation expenses to be assessed.
                    (B) The compensation for the employment and any 
                other employee benefit to be provided and any costs to 
                be charged for each benefit.
                    (C) A description of employment requirements and 
                activities.
                    (D) The existence of any labor organizing effort, 
                strike, lockout, or other labor dispute at the place of 
                employment.
                    (E) The existence of any arrangement with any 
                person involving the receipt of a commission or any 
                other benefit for the provision of items or services to 
                workers.
                    (F) The extent to which workers will be compensated 
                through workers' compensation, private insurance, or 
                other means for injuries or death.
                    (G) Any education or training to be provided or 
                required, including the nature and cost of such 
                training and the person who will pay such costs, and 
                whether the training is a condition of employment, 
                continued employment, or future employment.
            (3) Restriction.--No foreign labor contractor or employer 
        who engages in foreign labor contracting activity shall 
        knowingly provide materially false or misleading information to 
        any worker concerning any matter required to be disclosed under 
        paragraph (2). The disclosure required by this section is a 
        document concerning the proper administration of a matter 
        within the jurisdiction of a department or agency of the United 
        States for the purposes of section 1519 of title 18, United 
        States Code.
            (4) Registration.--
                    (A) In general.--Before engaging in any foreign 
                labor contracting activity, any person who is a foreign 
                labor contractor shall obtain a certificate of 
                registration from the Secretary of Labor pursuant to 
                regulations promulgated by the Secretary under 
                subparagraph (B).
                    (B) Issuance.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                promulgate regulations to establish an efficient 
                electronic process for the timely investigation and 
                approval of an application for a certificate of 
                registration of foreign labor contractors, including--
                            (i) requirements under paragraphs (1), (4), 
                        and (5) of section 102 of the Migrant and 
                        Seasonal Agricultural Worker Protection Act (29 
                        U.S.C. 1812);
                            (ii) an expeditious means to update 
                        registrations and renew certificates; and
                            (iii) any other requirements that the 
                        Secretary may prescribe.
                    (C) Term of registration.--Unless suspended or 
                revoked, a certificate under this subparagraph shall be 
                valid for two years.
                    (D) Refusal to issue; revocation.--In accordance 
                with regulations promulgated by the Secretary of Labor, 
                the Secretary shall refuse to issue or renew, or shall 
                revoke, after notice and an opportunity for a hearing, 
                a certificate of registration under this subparagraph 
                if--
                            (i) the applicant for, or holder of, the 
                        certification has knowingly made a material 
                        misrepresentation in the application for such 
                        certificate;
                            (ii) the applicant for, or holder of, the 
                        certification is not the real party in interest 
                        in the application or certificate of 
                        registration and the real party in interest--
                                    (I) is a person who has been 
                                refused issuance or renewal of a 
                                certificate;
                                    (II) has had a certificate revoked; 
                                or
                                    (III) does not qualify for a 
                                certificate under this paragraph;
                            (iii) the applicant for, or holder of, the 
                        certification has been convicted within the 
                        preceding five years of any crime described in 
                        subparagraph (A) or (B) of section 103(a)(5) of 
                        the Migrant and Seasonal Agricultural Worker 
                        Protection Act (29 U.S.C. 1813(a)(5)); or
                            (iv) the applicant for, or holder of, the 
                        certification has knowingly or recklessly 
                        failed to comply with this subsection.
                    (E) Complaints and investigations.--The Secretary 
                of Labor shall establish a process for the receipt, 
                investigation, and disposition of complaints filed by 
                any person, including complaints initiated by the 
                Secretary, respecting a foreign labor contractor's 
                compliance with this subsection. No investigation or 
                hearing shall be conducted on a complaint concerning a 
                violation of this subsection unless the complaint was 
                filed not later than 12 months after the date of the 
                violation. The Secretary may conduct an investigation 
                under this paragraph if there is reasonable cause to 
                believe that such a violation occurred.
                    (F) Maintenance of lists.--
                            (i) In general.--The Secretary shall 
                        maintain a list of all foreign labor 
                        contractors registered under this subsection; 
                        and
                            (ii) Public availability.--The Secretary 
                        shall make the list described in clause (i) 
                        publicly available, including through 
                        publication on the Internet.
                    (G) Re-registration of violators.--The Secretary 
                shall provide a procedure by which a foreign labor 
                contractor that has had its registration revoked may 
                seek to re-register under this paragraph by 
                demonstrating to the Secretary's satisfaction that the 
                foreign labor contractor has not violated this 
                subsection in the previous 5 years.
            (5) Amendment to immigration and nationality act.--Section 
        214 of the Immigration and Nationality Act is amended by adding 
        at the end the following:
    ``(s) A visa shall not be issued under the subparagraph (A)(iii), 
(B)(i) (but only for domestic servants described in clause (i) or (ii) 
of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as 
in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of 
section 101(a)(15) until the consular officer--
            ``(1) has provided to and reviewed with the applicant, in 
        the applicant's language (or a language the applicant 
        understands), a copy of the information and resources pamphlet 
        required by section 202 of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2007; and
            ``(2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by such section 
        202.''.
            (6) Enforcement provisions.--
                    (A) Administrative enforcement.--The Secretary of 
                Labor may impose against any foreign labor contractor, 
                for knowingly or recklessly failing to comply with the 
                requirements of this subsection--
                            (i) a fine in an amount not more than 
                        $4,000 per violation; and
                            (ii) upon the occasion of a third violation 
                        or a failure to comply with representations, a 
                        fine of not more than $10,000 per violation.
                    (B) Civil action.--
                            (i) In general.--The Secretary of Labor may 
                        bring a civil action against any foreign labor 
                        contractor in any court of competent 
                        jurisdiction--
                                    (I) to seek remedial action, 
                                including injunctive relief;
                                    (II) to recover damages on behalf 
                                of any worker harmed by a violation of 
                                this subsection; and
                                    (III) to ensure compliance with 
                                requirements of this subsection.
                            (ii) Sums recovered.--Any sums recovered by 
                        the Secretary on behalf of a worker under 
                        clause (i) shall be held in a special deposit 
                        account and shall be paid, on order of the 
                        Secretary, directly to each employee affected. 
                        Any such sums not paid to an employee because 
                        of inability to do so within a period of three 
                        years shall be credited as an offsetting 
                        collection to the appropriations account of the 
                        Secretary of Labor for expenses for the 
                        administration of this subsection and shall 
                        remain available to the Secretary until 
                        expended.
                            (iii) Representation.--Except as provided 
                        in section 518(a) of title 28, United States 
                        Code, the Solicitor of Labor may appear for and 
                        represent the Secretary of Labor in any civil 
                        litigation brought under this paragraph. All 
                        such litigation shall be subject to the 
                        direction and control of the Attorney General.
                    (C) Agency liability.--Beginning 180 days after the 
                Secretary of Labor has promulgated regulations pursuant 
                to paragraph (4)(B), an employer who retains the 
                services of a foreign labor contractor shall only use 
                those foreign labor contractors who are registered 
                under paragraph (4). An employer who uses a foreign 
                labor contractor who is not registered under paragraph 
                (4) after such time period, or who uses a foreign labor 
                contractor knowing or in reckless disregard that such 
                contractor has violated any provision of this 
                subsection, shall be subject to the provisions of this 
                paragraph for violations committed by such foreign 
                labor contractor to the same extent as if the employer 
                were the foreign labor contractor who had committed the 
                violation.
                    (D) Retaliation.--An individual who is a victim of 
                a violation of section 1512(A)(2)(D), 1512(b)(4), or 
                1513(B)(3) of title 18, United States Code, may, in a 
                civil action, recover appropriate relief (including 
                reasonable attorneys' fees) with respect to that 
                violation. Any civil action under this subparagraph 
                shall be stayed during the pendency of any criminal 
                action arising out of the violation.
                    (E) Rule of construction.--Nothing in this section 
                shall be construed to preempt or alter any other rights 
                or remedies, including any causes of action, available 
                under any other Federal or State law.
    (h) Definitions.--In this section:
            (1) Employment- or education-based nonimmigrant visa.--The 
        term ``employment- or education-based nonimmigrant visa'' means 
        a nonimmigrant visa issued for the purpose of employment, 
        education, or training in the United States, including a visas 
        issued under subparagraph (A)(iii), (B)(i) (but only for 
        domestic servants described in clause (i) or (ii) of section 
        274a.12(c)(17) of title 8, Code of Federal Regulations (as in 
        effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or 
        (R) of section 101(a)(15) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)).
            (2) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given the term in section 103 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102).

SEC. 203. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
              APPLICATIONS FOR RELIEF.

    Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) 
is amended by adding at the end the following:
    ``(d)(1) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal alien or a 
derivative relative) under section 101(a)(15)(T) has been filed, if the 
application sets forth a prima facie case for approval, the Secretary 
of Homeland Security may grant the alien a stay of removal or 
deportation until the application is approved or the application is 
denied after exhaustion of administrative appeals. Any appeal of the 
denial of a stay of removal or deportation under this paragraph must 
accompany any appeal of the underlying substantive petition or 
application for benefits.
    ``(2) During a period in which an alien is provided a stay of 
removal under this subsection, the alien shall not be removed or 
deported.
    ``(3) Nothing in this subsection shall be construed as limiting the 
authority of the Secretary of Homeland Security to grant a stay of 
removal or deportation in any case not described in this subsection.''.

SEC. 204. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE 
              UNITED STATES.

    (a) Expansion of Authority.--
            (1) In general.--Section 107(c)(3) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is 
        amended to read as follows:
            ``(3) Authority to permit continued presence in the united 
        states.--
                    ``(A) Trafficking victims.--
                            ``(i) In general.--Upon application from a 
                        Federal law enforcement official that makes a 
                        prima facie showing that an alien is a victim 
                        of a severe form of trafficking and a potential 
                        witness to such trafficking, in order to 
                        effectuate investigation and prosecution of 
                        those responsible, the Secretary of Homeland 
                        Security may permit an alien's continued 
                        presence in the United States.
                            ``(ii) Safety.--Federal law enforcement 
                        officials described in clause (i), in 
                        investigating and prosecuting traffickers, 
                        shall endeavor to protect the safety of 
                        trafficking victims, including taking measures 
                        to protect trafficked persons and their family 
                        members from intimidation, threats of 
                        reprisals, and reprisals from traffickers and 
                        their associates.
                            ``(iii) Continuation of presence.--The 
                        Secretary shall continue to permit the 
                        continued presence of an alien described in 
                        clause (i) if such alien has filed a civil 
                        action under section 1595 of title 18, United 
                        States Code, until such action is concluded. 
                        Failure to exercise due diligence in pursuing 
                        such a civil action, as determined by the 
                        Secretary in consultation with the Attorney 
                        General, may result in revocation of continued 
                        presence.
                    ``(B) Parole for relatives.--Pursuant to section 
                240A(b)(6) of the Immigration and Nationality Act (8 
                U.S.C. 1229b(b)(b)), as added by section 204(b) of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2007, law enforcement officials 
                may submit a written request to the Secretary of 
                Homeland Security to permit the parole into the United 
                States of certain relatives of an alien described in 
                subparagraph (A)(i).
                    ``(C) State and local law enforcement.--The 
                Secretary of Homeland Security, in consultation with 
                the Attorney General, shall develop materials for State 
                and local law enforcement on working with Federal law 
                enforcement to obtain continued presence for victims of 
                a severe form of trafficking in cases investigated or 
                prosecuted at the State or local level, for 
                distribution to State and local law enforcement by each 
                Immigration and Customs Enforcement Special Agent in 
                Charge.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to requests for continued presence filed pursuant 
        to section 107(c)(3) of the Trafficking Victims Protection Act 
        (22 U.S.C. 7105(c)(3)) before, on, or after such date, except 
        that this paragraph does not permit the application of section 
        107(c)(3)(A) of such Act, as added by paragraph (1), to an 
        alien who is not present in the United States.
    (b) Parole for Derivatives of Trafficking Victims.--Section 240A(b) 
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended 
by adding at the end the following:
            ``(6) Relatives of trafficking victims.--
                    ``(A) In general.--Upon written request by a law 
                enforcement official, the Secretary of Homeland 
                Security may grant parole under section 212(d)(5) to 
                any alien who is a relative of an alien granted 
                continued presence pursuant to section 107(c)(3)(A) of 
                the Trafficking Victims Protection Act (22 U.S.C. 
                7105(c)(3)(A)), if the relative--
                            ``(i) was, on the date on which law 
                        enforcement applied for such continued 
                        presence--
                                    ``(I) in the case of an alien 
                                granted continued presence who is under 
                                21 years of age, the spouse, child, 
                                parent, or unmarried sibling under 18 
                                years of age, of the alien; or
                                    ``(II) in the case of an alien 
                                granted continued presence who is 21 
                                years of age or older, the spouse or 
                                child of the alien, or
                            ``(ii) is a parent or sibling of the alien 
                        who, in the judgment of the requesting law 
                        enforcement official, is in present danger of 
                        retaliation as a result of the alien's escape 
                        from the severe form of trafficking or 
                        cooperation with law enforcement, irrespective 
                        of age.
                    ``(B) Duration of parole.--
                            ``(i) In general.--The grant of parole 
                        under subparagraph (A) shall extend until the 
                        date an application filed by the principal 
                        alien under section 101(a)(15)(T)(ii) has been 
                        finally adjudicated.
                            ``(ii) Other limits on duration.--If no 
                        such application is filed, the grant of parole 
                        shall extend until the later of--
                                    ``(I) the date on which the 
                                principal alien's continued presence in 
                                the United States under section 
                                107(c)(3)(A) of the Trafficking Victims 
                                Protection Act (22 U.S.C. 
                                7105(c)(3)(A)) is terminated; or
                                    ``(II) the date on which a civil 
                                action filed by the principal alien 
                                under section 1595 of title 18, United 
                                States Code, is concluded.
                            ``(iii) Due diligence.--Failure by the 
                        principal alien to exercise due diligence in 
                        filing a visa petition on behalf of an alien 
                        described in clause (i) or (ii) of subparagraph 
                        (A), or in pursuing the civil action described 
                        in clause (ii)(II) (as determined by the 
                        Secretary of Homeland Security in consultation 
                        with the Attorney General), may result in 
                        revocation of parole.''.

SEC. 205. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION 
              REAUTHORIZATION ACT OF 2005.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall issue interim regulations 
regarding the adjustment of status to permanent residence for 
nonimmigrants admitted into the United States under section 
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(T)). If the regulations are not issued before such 
deadline, the Secretary shall submit a report to the Committee on 
Foreign Affairs and the Committee on the Judiciary of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on the Judiciary of the Senate explaining in detail the 
reasons such regulations have not been issued.

             Subtitle B--Assistance for Trafficking Victims

SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROCESS.

    Section 107(b)(1)(E) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105(b)(1)(E)), is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``consultation'' and all that follows through 
                ``person'' and inserting ``consultation with the 
                Attorney General and the Secretary of Homeland 
                Security, that the person'';
                    (B) in subclause (I), by adding at the end before 
                the semicolon the following: ``or is unlikely or unable 
                to cooperate with such a request due to physical or 
                psychological trauma;''; and
                    (C) in subclause (II)(bb), by striking ``United 
                States'' and all that follows through ``ensuring'' and 
                inserting ``United States the Secretary of Homeland 
                Security is ensuring''; and
            (2) in clause (ii), by striking ``so long as'' and all that 
        follows through ``determines'' and inserting ``so long as the 
        Secretary of Homeland Security determines''.

SEC. 212. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.

    (a) In General.--Section 431(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (2)(B);
            (2) by striking the period at the end of paragraph (3)(B) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) an alien who has had approved, or has pending, a 
        petition that sets forth a prima facie case for status as a 
        nonimmigrant under section 101(a)(15)(T) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(T)).''.
    (b) Construction.--The provisions of section 431(c)(4) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641(c)(4)), as added by subsection (a), are in addition to 
the access to public benefits provided in the Trafficking Victims 
Protection Act of 2000 and the Trafficking Victims Reauthorization Act 
of 2003.
    (c) Effective Date.--The amendments made by subsection (a) apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act without regard to whether 
regulations to carry out such amendments are implemented.

SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF TRAFFICKING.

    (a) In General.--Subsection (b)(1) of section 107 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended 
by adding at the end the following new subparagraphs:
                    ``(F) Eligibility of interim assistance for child 
                victims.--
                            ``(i) Determination.--With respect to a 
                        person referred to in subparagraph (C)(ii)(I) 
                        who is seeking assistance under this paragraph, 
                        if credible information is presented on behalf 
                        of the person that the person has been 
                        subjected to a severe form of trafficking in 
                        persons, the Secretary of Health and Human 
                        Services shall promptly make a determination of 
                        the person's eligibility under this paragraph.
                            ``(ii) Exclusive authority.--The Secretary 
                        of Health and Human Services shall have 
                        exclusive authority in making determinations of 
                        eligibility under clause (i).
                            ``(iii) Duration.--Assistance provided 
                        under this paragraph for an individual 
                        determined to be eligible under clause (i) may 
                        be provided for up to 90 days and may be 
                        extended for an additional 30 days.
                            ``(iv) Sense of congress.--It is the sense 
                        of Congress that--
                                    ``(I) to ensure the best interests 
                                of the child and to create an increased 
                                chance of cooperation by child victims 
                                of severe forms of trafficking in 
                                persons, the United States Government 
                                should provide assistance to protect 
                                and care for such child victims during 
                                the pendency of proceedings to 
                                determine whether a child is a victim 
                                of severe forms of trafficking; and
                                    ``(II) in order to further the 
                                objective of subclause (I), the 
                                Secretary of Health and Human Services 
                                should make the determination of 
                                eligibility for assistance under clause 
                                (i) on the basis of the information 
                                provided and the Secretary's own 
                                assessment of such information without 
                                regard to the assessments by other 
                                departments and agencies of the United 
                                States Government regarding whether 
                                such child victim's application for 
                                relief or benefits under this Act or 
                                the Immigration and Nationality Act 
                                will be approved.
                    ``(G)  Notification of child victims for interim 
                assistance.--
                            ``(i) Federal officials.--Any Federal 
                        official who has reason to believe that a 
                        person may be a juvenile victim of trafficking 
                        referred to in subparagraph (C)(ii)(I) shall 
                        notify the Secretary of Health and Human 
                        Services not later than 48 hours after the 
                        official first learns that the person may be a 
                        juvenile victim of trafficking for the purpose 
                        of facilitating the provision of interim 
                        assistance under subparagraph (F).
                            ``(ii) State and local officials.--Any 
                        State or local official who has reason to 
                        believe that a person may be a juvenile victim 
                        of trafficking referred to in subparagraph 
                        (C)(ii)(I) shall notify the Secretary of Health 
                        and Human Services not later than 72 hours 
                        after the official first learns that the person 
                        may be a juvenile victim of trafficking for the 
                        purpose of facilitating the provision of 
                        interim assistance under subparagraph (F).''.
    (b) Training of Government Personnel.--Subsection (c)(4) of such 
section is amended--
            (1) by striking ``and the Department of Justice'' and 
        inserting ``, the Department of Homeland Security, and the 
        Department of Health and Human Services'';
            (2) by inserting before the period at the end the 
        following: ``, including the identification of juvenile victims 
        of trafficking''; and
            (3) by adding at the end the following new sentence: ``The 
        Attorney General and the Secretary of Heath and Human Services 
        shall provide education and guidance to State and local 
        officials on the identification of aliens who are the victims 
        of severe forms of trafficking, and in particular child victims 
        of trafficking, including education and guidance on the 
        requirements of subsection (b)(1)(G)(ii).''.

SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN 
              PERSONS.

    (a) Amendments to the Trafficking Victims Protection Act of 2000.--
            (1) Assistance for united states citizens and lawful 
        permanent residents.--Section 107 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7105) is amended by adding at 
        the end the following:
    ``(h) Assistance for United States Citizens and Lawful Permanent 
Residents.--
            ``(1) In general.--The Secretary of Health and Human 
        Services and the Attorney General, in consultation with the 
        Secretary of Labor, are authorized to establish a program to 
        provide assistance to citizens of the United States, and aliens 
        who are lawfully admitted for permanent residence (as defined 
        in section 101(a)(20) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(20))), who are victims of severe forms of 
        trafficking. In determining the types of assistance that would 
        be most beneficial for such victims, the Secretary of Health 
        and Human Services and the Attorney General shall consult with 
        nongovernmental organizations that provide services to victims 
        of severe forms of trafficking in the United States.
            ``(2) Use of existing programs.--In addition to such other 
        specialized services as may be required for victims described 
        in paragraph (1), the program established pursuant to paragraph 
        (1) shall facilitate communication and coordination between the 
        providers of assistance to such victims, and provide a means of 
        identifying such providers and making referrals to programs for 
        which such victims are already eligible (including programs 
        administered by the Department of Justice and the Department of 
        Health and Human Services).
            ``(3) Grants.--The Secretary of Health and Human Services 
        and the Attorney General may make grants to States, Indian 
        tribes, units of local government, and non-profit, 
        nongovernmental victims' service organizations to develop, 
        expand, and strengthen victim service programs authorized under 
        this subsection. 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.''.
            (2) Authorization of appropriations.--Section 113 of such 
        Act (22 U.S.C. 7110) is amended--
                    (A) in subsection (b), by adding at the end the 
                following new sentence: ``To carry out the purposes of 
                section 107(h), there are authorized to be appropriated 
                to the Secretary of Health and Human Services 
                $2,500,000 for fiscal year 2008, $5,000,0000 for fiscal 
                year 2009, $10,000,000 for fiscal year 2010, and 
                $15,000,000 for fiscal year 2011.''; and
                    (B) in subsection (d), by adding at the end the 
                following new sentence: ``To carry out the purposes of 
                section 107(h), there are authorized to be appropriated 
                to the Attorney General $2,500,000 for fiscal year 
                2008, $5,000,0000 for fiscal year 2009, $10,000,000 for 
                fiscal year 2010, and $15,000,000 for fiscal year 
                2011.''.
            (3) Technical assistance.--Section 107(b)(2)(B)(ii) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7105(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) five percent for training and 
                        technical assistance, including increasing 
                        capacity and expertise on security for and 
                        protection of service providers from 
                        intimidation or retaliation for their 
                        activities.''.
    (b) Assistance for Potential Victims of Trafficking and Related 
Crimes.--
            (1) Victims of crime act.--The Victims of Crime Act of 1984 
        (42 U.S.C. 10601 et seq.)) is amended by inserting after 
        section 1404E the following new section:

``SEC. 1404F. VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION AND OTHER 
              CRIMES.

    ``Notwithstanding any statutory or regulatory limitation on 
providing assistance for offender rehabilitation or for any individual 
who may have violated Federal or State law, and except as provided in 
sections 1404B and 1404C, in this chapter the terms `victim', `crime 
victim', and `victim of crime' include an individual who is exploited 
or otherwise victimized by any person who is in violation of an offense 
described by chapter 117 of title 18, United States Code, or section 
1328 of title 8, United States Code, or any similar offense under State 
law, regardless of whether such offense involves participation by such 
individual in any commercial sex act (as defined in section 2429 of 
title 18, United States Code).''.
            (2) Use of existing programs.--The President is authorized 
        to facilitate communication and coordination between the 
        providers of assistance to persons victimized in cases brought 
        under chapter 117 of title 18, United States Code, and to 
        provide a means of identifying such providers and making 
        referrals to programs for which such victims are already 
        eligible (including programs administered by the Department of 
        Justice and the Department of Health and Human Services).
            (3) Effect on other programs.--Nothing in this section or 
        the amendments made by this section shall derogate from the 
        programs for victims of sexual abuse or commercial sexual 
        exploitation or survivors of sexual abuse or commercial sexual 
        exploitation authorized by section 202 of the Trafficking 
        Victims Protection Reauthorization of 2005.
    (c) Partnerships Among Organizations.--Beginning not later than 120 
days after the date of the enactment of this Act, all applications for 
grants made by the Attorney General or the Secretary of Health and 
Human Services to States, Indian tribes, units of local government, and 
nonprofit, nongovernmental victims' service organizations to establish 
or maintain assistance programs for victims of severe forms of 
trafficking in persons or sex trafficking that occurs, in whole or in 
part, within the territorial jurisdiction of the United States shall 
include a statement by the applicant of whether the services will be 
available to both United States citizens and foreign trafficking 
victims, or if the applicant intends to specialize in serving a 
particular victim population, what referral mechanisms or collaborative 
relationships they will undertake to ensure that all victims are 
assisted regardless of alienage. The statement required by this section 
will not be used to make a determination regarding the award of the 
grant.
    (d) Study.--
            (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act, the Attorney General and the 
        Secretary of Health and Human Services shall submit to the 
        appropriate congressional committees a report identifying the 
        existence or extent of any service gap between foreign and 
        United States citizen victims of severe forms of trafficking 
        and victims of sex trafficking, as defined in section 103 of 
        the Trafficking Victims Protection Act of 2000.
            (2) Elements.--In carrying out the study under subparagraph 
        (1), the Attorney General and Secretary of Health and Human 
        Services shall--
                    (A) investigate factors relating to the legal 
                ability of foreign and United States citizen victims of 
                trafficking to access government-funded social services 
                in general, including the application of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal 
                Immigration and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208; 110 Stat. 3009 et 
                seq.);
                    (B) investigate any other impediments to the access 
                of foreign and United States citizen victims of 
                trafficking to government-funded social services in 
                general;
                    (C) investigate any impediments to the access of 
                foreign and United States citizen victims of 
                trafficking to government-funded services targeted to 
                victims of severe forms of trafficking and victims of 
                sex trafficking;
                    (D) investigate the effect of trafficking service-
                provider infrastructure development, continuity of 
                care, and availability of caseworkers on the eventual 
                restoration and rehabilitation of foreign and United 
                States citizen victims of trafficking; and
                    (E) include findings, best practices, and 
                recommendations based on the study of the elements in 
                subparagraphs (A) through (D) and any other related 
                information.

       Subtitle C--Penalties Against Traffickers and Other Crimes

SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED OFFENSES.

    (a) Transfer and Modification of Section 1591.--
            (1) New section.--Chapter 117 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2429. Aggravated sex trafficking
    ``(a) Whoever knowingly--
            ``(1) in or affecting interstate or foreign commerce, or 
        within the special maritime and territorial jurisdiction of the 
        United States, recruits, entices, harbors, transports, 
        provides, or obtains by any means a person; or
            ``(2) benefits, financially or by receiving anything of 
        value, from participation in a venture which has engaged in an 
        act described in violation of paragraph (1),
knowing that force, fraud, or coercion will be used to cause the person 
to engage in a commercial sex act, or, in the case of a person who has 
not attained the age of 18 years, that the person will be caused to 
engage in a commercial sex act, or attempts to do so, shall be punished 
as provided in subsection (b).
    ``(b) In a prosecution under this subsection, the Government need 
not prove that the defendant knew that the person had not attained the 
age of 18 years.
    ``(c) The punishment for an offense under this section is--
            ``(1) if the offense was effected by force, fraud, or 
        coercion or if the person recruited, enticed, harbored, 
        transported, provided, or obtained had not attained the age of 
        14 years at the time of such offense, by a fine under this 
        title and imprisonment for any term of years not less than 15 
        or for life; or
            ``(2) if the offense was not so effected, and the person 
        recruited, enticed, harbored, transported, provided, or 
        obtained had attained the age of 14 years but had not attained 
        the age of 18 years at the time of such offense, by a fine 
        under this title and imprisonment for not less than 10 years or 
        for life.
    ``(d)(1) Section 1593 (relating to mandatory restitution) applies 
to an offense under this section to the same extent and in the same 
manner as it applies to an offense under chapter 77.
    ``(2) Section 1595 (relating to civil remedy) applies with respect 
to a violation of this section to the same extent and in the same 
manner it applies to a violation of a section to which section 1595 is 
made applicable by section 1595.
    ``(e) In this section--
            ``(1) the term `commercial sex act' means any sex act, on 
        account of which anything of value is given to or received by 
        any person;
            ``(2) the term `coercion' means--
                    ``(A) threats of serious harm to or physical 
                restraint against any person;
                    ``(B) any scheme, plan, or pattern intended to 
                cause a person to believe that failure to perform an 
                act would result in serious harm to or physical 
                restraint against any person; or
                    ``(C) the abuse or threatened abuse of law or the 
                legal process; and
            ``(3) the term `venture' means any group of two or more 
        individuals associated in fact, whether or not a legal 
        entity.''.
            (2) Repeal of transferred section.--Section 1591 of title 
        18, United States Code, is repealed.
            (3) Elimination of cross references to repealed section.--
                    (A) Section 1594 of title 18, United States Code, 
                is amended by striking ``1590, or 1591'' and inserting 
                ``or 1591''.
                    (B) Section 1595 of title 18, United States Code, 
                is amended by striking ``, 1590, or 1591'' and 
                inserting ``or 1591''.
            (4) Clerical amendments to tables of sections.--
                    (A) The table of sections for chapter 77 of title 
                18, United States Code, is amended by striking the item 
                relating to section 1591.
                    (B) The table of sections for chapter 117 of title 
                18, United States Code, is amended by adding at the end 
                the following new item:

``2429. Aggravated sex trafficking.''.
            (5) Change in chapter headings.--
                    (A) The heading for chapter 77 of title 18, United 
                States Code, is amended to read as follows:

   ``CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING INTO SERVITUDE''.

                    (B) The heading for chapter 117 of title 18, United 
                States Code, is amended to read as follows:

 ``CHAPTER 117--SEX TRAFFICKING, SEX TOURISM, AND OTHER TRANSPORTATION 
                     FOR ILLEGAL SEXUAL ACTIVITY''.

                    (C) The table of chapters at the beginning of part 
                I of title 18, United States Code, is amended--
                            (i) so that the item relating to chapter 77 
                        reads as follows:

``77. Peonage, Slavery, and Trafficking into Servitude..... 1581''; and
                            (ii) so that the item relating to chapter 
                        117 reads as follows:

``117. Sex Trafficking, Sex Tourism, and Other                  2421''.
                            Transportation for Illegal 
                            Sexual Activity.
    (b) Compelled Service.--
            (1) In general.--Section 1592 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 1592. Unlawful compelled service
    ``(a) Generally.--Whoever knowingly, with intent to obtain or 
maintain the labor or services of a person or to obtain or maintain a 
person for use in a commercial sex act (as defined in section 2429)--
            ``(1) destroys, conceals, removes, confiscates, or 
        possesses any actual or purported passport or other immigration 
        document, or any other actual or purported government 
        identification document, of another person to prevent or 
        restrict or to attempt to prevent or restrict, without lawful 
        authority, the person's ability to move or travel;
            ``(2) acts or fails to act, or threatens to do so, under 
        color of official right;
            ``(3) blackmails another person; or
            ``(4) causes or exploits financial harm or a fear of 
        financial harm on the part of that person;
shall be fined under this title or imprisoned not more than 5 years, or 
both.
    ``(b) Definition.--For purposes of this paragraph, `financial harm' 
includes the factors set forth in section 892(b) of this title, and 
fees charged for foreign labor contracting activity, as defined in 
section 202(g) of the William Wilberforce Trafficking Reauthorization 
Act of 2007, that are not reasonably related to services provided to 
the foreign worker.''.
            (2) Clerical amendment.--The item relating to section 1592 
        in the table of sections at the beginning of chapter 77 of 
        title 18, United States Code, is amended to read as follows:

``1592.Unlawful compelled service.''.
    (c) Restitution of Forfeited Assets.--(1) Section 1593(b) of title 
18, United States Code, is amended by inserting at the end the 
following:
    ``(4) The distribution of proceeds among multiple victims in an 
order of restitution under this section shall govern the distribution 
of forfeited funds through the processes of remission or restoration 
under this section or any other statute that explicitly authorizes 
restoration or remission of forfeited property.''
    (2) Section 1594 of title 18, United States Code, is amended--
            (A) in subsection (b), by striking ``The court,'' and 
        inserting ``Subject to remission or restoration, the court,''; 
        and
            (B) in subsection (c), by adding at the end the following:
    ``(3) The Attorney General shall grant restoration or remission of 
property to victims of an offense under this chapter that result in 
forfeiture under this section or under any other statute that 
explicitly authorizes restoration or remission of forfeited property.
    ``(4) In a prosecution brought under any other provision of Federal 
law, the Attorney General may grant restoration or remission of 
property to victims of severe forms of trafficking as defined in 
section 103 of the Trafficking Victims Protection Act of 2000, in 
accordance with section 1594(b)(4).''.
    (d) Enhancement of Civil Action.--Section 1595 of title 18, United 
States Code, is amended--
            (1) in subsection (a) by--
                    (A) by striking ``of section 1589, 1590, or 1591''; 
                and
                    (B) by inserting ``(or any person who knowingly 
                benefits, financially or by receiving anything of value 
                from participation in a venture which has engaged in an 
                act in violation of this chapter)'' after 
                ``perpetrator''.
            (2) by adding at the end the following:
    ``(c) No action shall be maintained under this section unless it is 
commenced within 10 years after the cause of action arose.''.
    (e) Retaliation in Foreign Labor Contracting.--Title 18, United 
States Code, is amended--
            (1) in section 1512(a)(2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by striking ``proceedings;'' at the end of 
                subparagraph (C) and inserting ``proceedings; or''; and
                    (C) by inserting immediately after subparagraph (C) 
                the following:
            ``(D) hinder, delay or prevent the disclosure of 
        information concerning a violation with respect to aliens of 
        the requirements of an employment-based visa or any Federal 
        labor or employment law;'';
            (2) in section 1512(b)--
                    (A) by striking ``or'' at the end of paragraph (2);
                    (B) by striking ``proceedings;'' at the end of 
                paragraph (3) and inserting ``proceedings; or''; and
                    (C) by inserting immediately after paragraph (3) 
                the following:
            ``(4) hinder, delay, or prevent the cooperation of any 
        person in an investigation or other proceeding concerning 
        compliance with respect to aliens with the requirements of 
        employment-based visas or any Federal labor or employment 
        law;'';
            (3) in section 1513(b)--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by inserting ``or'' at the end of paragraph 
                (2); and
                    (C) by inserting immediately after paragraph (2) 
                the following:
            ``(3) hinder, delay, or prevent the cooperation of any 
        person in an investigation or other proceeding concerning 
        compliance with respect to aliens with the requirements of 
        employment-based visas or any other Federal labor or employment 
        law;''; and
            (4) in section 1515(a)--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the term `employment-based visa' means a nonimmigrant 
        visa issued for the purpose of employment, student exchange 
        employment, or job training in the United States, including 
        those issued under subparagraph (A)(iii), (B)(i) (but only for 
        domestic servants described in clause (i) or (ii) of section 
        274a.12(c)(17) of title 8, Code of Federal Regulations (as in 
        effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or 
        (R) of section 101(a)(15) of the Immigration and Nationality 
        Act.''.
    (f)  Sex Trafficking.--
            (1) New offense.--Chapter 117 of title 18, United States 
        Code, is amended by inserting at the end the following:
``Sec. 2430. Sex trafficking
    ``Whoever knowingly, in or affecting interstate or foreign 
commerce, within the special maritime and territorial jurisdiction of 
the United States, or in any territory or possession of the United 
States, persuades, induces, or entices any individual to engage in 
prostitution for which any person can be charged with an offense, or 
attempts to do so, shall be fined under this title or imprisoned not 
more than 10 years, or both''.
            (2) Amendment to the table of sections.--The table of 
        sections at the beginning of chapter 117 of title 18, United 
        States Code, is amended by inserting at the end the following 
        new item:

``2430. Sex trafficking.''.
    (g) Sex Tourism.--
            (1) Generally.--Chapter 117 of title 18, United States 
        Code, is amended by inserting at the end the following:
``Sec. 2431. Sex tourism
    ``(a) Arranging Travel and Related Conduct.--Whoever, for the 
purpose of commercial advantage or private financial gain, knowingly 
arranges, induces, or procures the travel of a person in foreign 
commerce for the purpose of engaging in any commercial sex act (as 
defined in section 2429), or attempts to do so, shall be fined under 
this title, imprisoned not more than 10 years, or both.
    ``(b) Increased Penalty for Offenses Involving Children.--If the 
commercial sex act is with a person under 18 years of age, the maximum 
term of imprisonment for an offense under this section is 30 years.'';
            (2) Amendment to table of sections.--The table of sections 
        at the beginning of chapter 117 of title 18, United States 
        Code, is amended by inserting at the end the following new 
        item:

``2431. Sex tourism.''.
    (h) Amendment to the Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and, if appropriate, amend the sentencing guidelines and 
policy statements applicable--
            (1) to persons convicted of offenses created by this 
        section other than those created by subsections (f) and (g), to 
        ensure conformity with the United States Sentencing Guidelines, 
        sections 2H4.1 (peonage offenses) and 2H4.2 (labor offenses); 
        and
            (2) to persons convicted of offenses created by subsection 
        (f) or (g) of this section, to ensure conformity with the 
        United States Sentencing Guidelines, sections 2G1.1 (promoting 
        commercial sex acts with persons other than minors) and 2G1.3 
        (promoting commercial sex acts or prohibited sexual conduct 
        with a minor, and related offenses.

SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

    (a) In General.--Chapter 77 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
    ``(a) In General.--In addition to any domestic or extra-territorial 
jurisdiction otherwise provided by law, the courts of the United States 
have extra-territorial jurisdiction over any offense (or any attempt or 
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 2429 if--
            ``(1) an alleged offender or victim of the offense is a 
        national of the United States or an alien lawfully admitted for 
        permanent residence (as those terms are defined in section 101 
        of the Immigration and Nationality Act (8 U.S.C. 1101)); or
            ``(2) an alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender.
    ``(b) Limitation on Prosecutions of Offenses Prosecuted in Other 
Countries.--No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1596. Additional jurisdiction in certain trafficking offenses.''.

SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO TRAFFICKING.

    (a) Aliens Entering the United States.--
            (1) In general.--Section 278 of the Immigration and 
        Nationality Act (8 U.S.C. 1328) is amended to read as follows:

                        ``aliens in prostitution

    ``Sec. 278.  (a) Generally.--Whoever, for the purposes of 
prostitution or for any other sexual activity for which any person can 
be charged with a criminal offense--
            ``(1) knowingly imports or attempts to import any alien; or
            ``(2) knowing or in reckless disregard of the fact that an 
        individual is an alien who lacks lawful authority to come to, 
        enter, or reside in the United States, knowingly holds, keeps, 
        maintains, supports, employs, or harbors the individual in any 
        place in the United States, including any building or any means 
        of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not 
more than 10 years, or both.
    ``(b) Special Evidentiary Rule.--In all prosecutions under this 
section, the testimony of a husband or wife shall be admissible and 
competent evidence against each other.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by amending the item 
        relating to section 278 to read as follows:

``Sec. 278. Aliens in prostitution.''.
    (b) Amendment to the Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and, if appropriate, amend the sentencing guidelines and 
policy statements applicable to persons convicted of offenses created 
by this section to ensure conformity with the United States Sentencing 
Guidelines, section 2H4.1 (peonage offenses) in violations involving a 
holding under section 278(a)(2) of the Immigration and Nationality Act 
(8 U.S.C. 1328(a)(2)), and section.2G1.1 otherwise.
    (c) IMBRA Violations.--Section 833(d)(5)(B) of the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162) is amended by striking ``interstate or foreign commerce, an 
international marriage broker that, within the special maritime and 
territorial jurisdiction of the United States, violates'' and inserting 
``interstate or foreign commerce or within the special maritime and 
territorial jurisdiction of the United States, an international 
marriage broker that violates''.

SEC. 224. NEW MODEL STATUTE PROVIDED TO STATES.

    (a) New Model Statute.--The Attorney General shall provide a new 
model law for State anti-trafficking offenses that shall reflect all 
concepts relating to trafficking in persons included in Chapters 77 and 
117 of title 18, United States Code, as amended by this title, 
including crimes related to forced labor, sex trafficking, and related 
offenses, with the elements of force, fraud or coercion or age in sex 
trafficking used as the bases for aggravated crimes or sentencing 
enhancements
    (b) Distribution.--The model law described in subsection (a) shall 
be posted on the website of the Department of Justice and shall be 
distributed to the States and at the anti-trafficking conference 
described in section 201(a)(2) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (42 U.S.C. 14044(a)).
    (c) Adoption of Model Statute.--
            (1) Assistance.--The Attorney General shall provide 
        assistance to States and local governments to adopt and apply 
        the model law described in subsection (a).
            (2) Report.--Not later than six months after the enactment 
        of this Act, and annually thereafter, the Attorney General 
        shall submit to the Committees on Foreign Affairs and the 
        Judiciary of the House and the Committees on Foreign Relations 
        and the Judiciary of the Senate a report describing the 
        assistance provided pursuant to paragraph (1) and the results 
        achieved by such assistance, including a list of State and 
        local governments that have adopted the model law.

         Subtitle D--Activities of the United States Government

SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

    Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``section 107(b)'' and inserting 
                ``subsections (b) and (h) of section 107''; and
                    (B) by inserting ``the Attorney General,'' after 
                ``the Secretary of Labor,'';
            (2) in subparagraph (G), by striking ``and'' at the end;
            (3) by redesignating subparagraph (H) as subparagraph (J); 
        and
            (4) by inserting after subparagraph (G) the following new 
        subparagraphs:
                    ``(H) activities by the Department of Defense to 
                combat trafficking in persons, including educational 
                efforts for and disciplinary actions taken against 
                members of the United States Armed Forces, materials 
                included in training of the armed forces of foreign 
                countries, and efforts to ensure that United States 
                Government contractors and their employees or United 
                States Government subcontractors and their employees do 
                not engage in trafficking in persons;
                    ``(I) activities or actions by Federal departments 
                and agencies to enforce--
                            ``(i) section 106(g) of this Act and any 
                        similar provision of law, regulation, or policy 
                        relating to United States Government 
                        contractors and their employees or United 
                        States Government subcontractors and their 
                        employees that engage in severe forms of 
                        trafficking in persons, procurement of 
                        commercial sex acts, or use of forced labor, 
                        including debt bondage;
                            ``(ii) section 307 of the Tariff Act of 
                        1930 (19 U.S.C. 1307; relating to prohibition 
                        on importation of convict made goods), 
                        including any determinations by the Secretary 
                        of Homeland Security to waive the restrictions 
                        of such section; and
                            ``(iii) prohibitions on the procurement by 
                        the United States Government of items or 
                        services produced by slave labor, consistent 
                        with Executive Order 13107 (December 10, 1998); 
                        and''.

SEC. 232. ANTI-TRAFFICKING SURVEY AND CONFERENCES.

    (a) Survey.--Paragraph (1) of section 201(a) of the Trafficking 
Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)) is 
amended by adding at the end the following:
                    ``(C) Additional requirements.--With respect to the 
                study described in subparagraph (B)(ii), the Attorney 
                General shall solicit on a biennial basis, beginning as 
                soon as practicable after the date of the enactment of 
                the William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2007, requests for proposals for 
                such a study from nongovernmental entities with 
                expertise in the field of illegal economic activities 
                and shall complete such study not later than one year 
                after the date of the enactment of such Act.''
    (b) Annual Conference.--Paragraph (2)(A) of such section is 
amended--
            (1) in the first sentence, by striking ``in consultation'' 
        and inserting ``in coordination with the Secretary of State and 
        in consultation''; and
            (2) in clause (ii), by inserting before the semicolon at 
        the end the following: ``and the use of existing Federal and 
        State criminal laws that do not require force, fraud, or 
        coercion as an element of a felony crime to prosecute such 
        person.''.

SEC. 233. SENIOR POLICY OPERATING GROUP.

    Section 206 of the Trafficking Victims Protection Reauthorization 
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the 
department or agency determines appropriate,''.

SEC. 234. EFFORTS BY DEPARTMENTS OF JUSTICE AND LABOR TO COMBAT HUMAN 
              TRAFFICKING.

    (a) Activities at the Department of Justice.--
            (1) Role of criminal division in trafficking cases.--
                    (A) Redesignation.--The Child Exploitation and 
                Obscenity Section of the Criminal Division of the 
                Department of Justice shall be redesignated as the 
                Sexual Exploitation and Obscenity Section.
                    (B) Expansion.--The Attorney General shall expand 
                the responsibilities of the Innocence Lost Task Forces 
                to incorporate situations involving adults who are 
                sexually exploited by persons in violation of offenses 
                such as section 2430.
                    (C) Responsibilities.--The chief of the section 
                described in subsection (a) should work with other 
                parts of the Department of Justice and State and local 
                law enforcement to ensure effective prosecutions 
                through the task force described in subparagraph (B).
                    (D) References.--Any reference to the Child 
                Exploitation and Obscenity Section of the Criminal 
                Division in any law, regulation, rule, directive, 
                instruction or other official United States Government 
                document in effect on the date of enactment of this Act 
                shall be deemed to refer to the Sexual Exploitation and 
                Obscenity Section.
            (2) Construction.--Nothing in this subsection shall be 
        construed as affecting the activities of the Criminal Section 
        of the Civil Rights Division relating to the 13th Amendment's 
        prohibition of slavery and involuntary servitude.
    (b) Department of Labor.--
            (1) Establishment.--The Secretary of Labor shall establish 
        within the Department of Labor a Coordinator to Combat Human 
        Trafficking.
            (2) Duties.--In addition to any other responsibilities that 
        the Secretary of Labor may assign, the Coordinator shall have 
        the following responsibilities:
                    (A) Ensure coordination of policies relating to 
                victims of trafficking, both in the United States and 
                abroad, among the various offices and components of the 
                Department of Labor, including the Office of the 
                Solicitor, the Employment Standards Administration, the 
                Wage and Hour Division, the Bureau of International 
                Labor Affairs, and the Office of Child Labor, Forced 
                Labor, and Human Trafficking.
                    (B) Ensure improved communication and coordination 
                with State labor agencies relating to trafficking in 
                persons.
                    (C) Represent the Department at inter-agency 
                mechanisms relating to trafficking in persons, 
                including assisting appropriate high-level officials of 
                the Department of Labor who are members of the Senior 
                Policy Operating Group.
                    (D) Serve, in conjunction with the Coordinator to 
                Combat Human Trafficking of the Department of Justice 
                (established pursuant to subsection (a)), as the 
                executive secretariat of the Trafficking in Persons and 
                Worker Exploitation Task.
            (3) Staff.--The Secretary of Labor shall ensure that the 
        Coordinator has sufficient staff to carry out the duties 
        described in paragraph (2).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as affecting or derogating from the responsibilities of the 
Senior Policy Operating Group established by section 206 of the 
Trafficking Victims Protection Reauthorization Act of 2005.
    (d) Definition.--In this section, the term ``victim of 
trafficking'' has the meaning given the term in section 103 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

    Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer'' 
and inserting ``consular officer, the Secretary of Homeland Security, 
the Secretary of State,''.

SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

    (a) Findings and Sense of Congress.--
            (1) Findings.--The Congress finds as follows:
                    (A) The United States Government currently 
                estimates that up to 17,500 individuals are trafficked 
                into the United States each year. Of these, some 50 
                percent are believed to be under the age of 18. Many of 
                these children are victims of sex trafficking and are 
                forced into prostitution and other exploitative 
                activities in the United States.
                    (B) Despite the large number of children trafficked 
                into the United States every year, the Department of 
                Health and Human Services has identified an average of 
                20 children per year as trafficking victims through 
                fiscal year 2006. This disparity between estimated and 
                identified victims demonstrates that much more needs to 
                be done in educating individuals who may be coming into 
                contact with trafficked children.
            (2) Sense of congress.--It is the sense of the Congress 
        that, to the extent consistent with the treaties and other 
        international agreements to which the United States is a party, 
        and to the extent practicable, the United States Government 
        should undertake efforts to protect children from severe forms 
        of trafficking and ensure that it does not repatriate children 
        in Federal custody into settings that would threaten their life 
        or safety.
    (b) Combatting Child Trafficking at the Border and Ports of Entry 
of the United States.--
            (1) Policies and procedures.--In order to enhance the 
        efforts of the United States to prevent trafficking in persons, 
        the Secretary of State, in conjunction with the Secretary of 
        Homeland Security and the Secretary of Health and Human 
        Services, shall develop policies and procedures to ensure that 
        unaccompanied alien children in the United States are safely 
        repatriated to their country of nationality or of last habitual 
        residence.
            (2) Special rules for children from contiguous countries.--
                    (A) Determinations.--Any unaccompanied alien child 
                who is a national or habitual resident of a country 
                that is contiguous with the United States shall be 
                treated in accordance with subparagraph (B), if the 
                Secretary of Homeland Security determines, on a case-
                by-case basis, that--
                            (i) such child has not been a victim of a 
                        severe form of trafficking in persons, and 
                        there is no credible evidence that such child 
                        is at risk of being trafficked upon return to 
                        the child's country of nationality or of last 
                        habitual residence;
                            (ii) such child does not have a fear of 
                        returning to the child's country of nationality 
                        or of last habitual residence owing to a 
                        credible fear of persecution; and
                            (iii) the child is able to make an 
                        independent decision to withdraw the child's 
                        application for admission to the United States.
                    (B) Return.--An immigration officer who finds an 
                unaccompanied alien child described in subparagraph (A) 
                at a land border or port of entry of the United States 
                and determines that such child is inadmissible under 
                the Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.) may--
                            (i) permit such child to withdraw the 
                        child's application for admission pursuant to 
                        section 235(a)(4) of the Immigration and 
                        Nationality Act (8 U.S.C. 1225(a)(4)); and
                            (ii) return such child to the child's 
                        country of nationality or country of last 
                        habitual residence.
                    (C) Contiguous country agreements.--The Secretary 
                of State shall negotiate agreements between the United 
                States and countries contiguous to the United States 
                with respect to the repatriation of children. Such 
                agreements shall be designed to protect children from 
                severe forms of trafficking in persons, and shall, at a 
                minimum, provide that--
                            (i) no child shall be returned to the 
                        child's country of nationality or of last 
                        habitual residence unless returned to 
                        appropriate officials or employees of the 
                        accepting country's government;
                            (ii) no child shall be returned to the 
                        child's country of nationality or of last 
                        habitual residence outside of reasonable 
                        business hours; and
                            (iii) border personnel of the countries 
                        that are parties to such agreements are trained 
                        in the terms of such agreements.
            (3) Rule for other children.--The custody of unaccompanied 
        alien children not described in paragraph (2)(A) who are 
        apprehended at the border of the United States or at a United 
        States port of entry shall be treated in accordance with 
        subsection (c).
            (4) Screening.--Within 48 hours of the apprehension of a 
        child who is believed to be described in paragraph (2)(A), but 
        in any event prior to returning such child to the child's 
        country of nationality or of last habitual residence, the child 
        shall be screened to determine whether the child meets the 
        criteria listed in paragraph (2)(A). If the child does not meet 
        such criteria, or if no determination can be made within 48 
        hours of apprehension, the child shall immediately be 
        transferred to the Secretary of Health and Human Services and 
        treated in accordance with subsection (c).
            (5) Ensuring the safe repatriation of children.--
                    (A) Repatriation pilot program.--To protect 
                children from trafficking and exploitation, the 
                Secretary of State shall create a pilot program, in 
                conjunction with non-governmental organizations and 
                other national and international agencies and experts, 
                to develop and implement best practices to ensure the 
                safe and secure repatriation and reintegration of 
                unaccompanied alien children into their country of 
                nationality or of last habitual residence, including 
                placement with their families or other sponsoring 
                agencies.
                    (B) Report on repatriation of unaccompanied alien 
                children.--Not later than 18 months after the date of 
                the enactment of this Act, and annually thereafter, the 
                Secretary of Homeland Security, in conjunction with the 
                Secretary of State and Secretary of Health and Human 
                Services, shall submit a report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on efforts to 
                repatriate unaccompanied alien children. Such report 
                shall include--
                            (i) the number of unaccompanied alien 
                        children ordered removed and the number of such 
                        children actually removed from the United 
                        States;
                            (ii) a statement of the nationalities, 
                        ages, and gender of such children;
                            (iii) a description of the policies and 
                        procedures used to effect the removal of such 
                        children from the United States and the steps 
                        taken to ensure that such children were safely 
                        and humanely repatriated to their country of 
                        nationality or of last habitual residence, 
                        including a description of the repatriation 
                        pilot program created pursuant to subparagraph 
                        (A);
                            (iv) a description of the type of 
                        immigration relief sought and denied to such 
                        children; and
                            (v) statistical information and other data 
                        on unaccompanied alien children as provided for 
                        in section 462(b)(1)(J) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
                    (C) Placement in removal proceedings.--Any 
                unaccompanied alien child sought to be removed by the 
                Department of Homeland Security, except for an 
                unaccompanied alien child from a contiguous country 
                subject to exceptions under subsection (b)(2), shall be 
                placed in removal proceedings under section 240 of the 
                Immigration and Nationality Act (8 U.S.C. 1229a).
    (c) Combatting Child Trafficking and Exploitation in the United 
States.--
            (1) Care and custody of unaccompanied alien children.--
        Consistent with section 462 of the Homeland Security Act of 
        2002 (6 U.S.C. 279), and except as otherwise provided under 
        subsection (b), the care and custody of all unaccompanied alien 
        children, including responsibility for their detention, where 
        appropriate, shall be the responsibility of the Secretary of 
        Health and Human Services.
            (2) Notification.--Each department or agency of the Federal 
        Government shall notify the Department of Health and Human 
        services within 48 hours upon--
                    (A) the apprehension or discovery of an 
                unaccompanied alien child; or
                    (B) any claim or suspicion that an alien in the 
                custody of such department or agency is under 18 years 
                of age and is unaccompanied.
            (3) Transfers of unaccompanied alien children.--Any 
        department or agency of the Federal Government that has an 
        unaccompanied alien child in its custody shall transfer the 
        custody of such child to the Secretary of Health and Human 
        Services within 72 hours, except in the case of exceptional 
        circumstances, upon a determination that such child is an 
        unaccompanied alien child.
            (4) Age determinations.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall make an age determination for an alien 
                described in paragraph (2)(B) and take whatever other 
                steps are necessary to determine whether such alien is 
                eligible for treatment under this section or section 
                462 of the Homeland Security Act of 2002 (6 U.S.C. 
                279).
                    (B) Procedures.--The Secretary of Health and Human 
                Services, in consultation with the Secretary of 
                Homeland Security, shall develop procedures to make a 
                prompt determination of the age of an alien, which 
                shall be used by the Secretary of Homeland Security and 
                the Secretary of Health and Human Services for children 
                in their respective custody. At a minimum, these 
                procedures shall permit the presentation of multiple 
                forms of evidence, including the non-exclusive use of 
                radiographs, to determine the age of the unaccompanied 
                alien.
    (d) Providing Safe and Secure Placements for Children.--
            (1) Policies and programs.--The Secretary of Health and 
        Human Services, Secretary of Homeland Security, Attorney 
        General, and Secretary of State shall establish policies and 
        programs to ensure that unaccompanied alien children in the 
        United States are protected from traffickers and other persons 
        seeking to victimize or otherwise engage such children in 
        criminal, harmful, or exploitative activity, including policies 
        and programs reflecting best practices in witness security 
        programs.
            (2) Safe and secure placements.--Subject to section 
        462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(b)(2)), an unaccompanied alien child in the custody of the 
        Secretary of Health and Human Services shall be promptly placed 
        in the least restrictive setting that is in the best interest 
        of the child. In making such placements, the Secretary of 
        Health and Human Services may consider danger to self, danger 
        to the community, and risk of flight. Placement of child 
        trafficking victims may include placement with competent adult 
        victims of the same trafficking scheme in order to ensure 
        continuity of care and support. A child shall not be placed in 
        a juvenile delinquency or other secure detention facility (as 
        defined in section 103(12) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603(12)) absent 
        a determination that the child poses a danger to others or has 
        been accused of having committed a criminal offense.
            (3) Safety and suitability assessments.--
                    (A) In general.--Subject to the requirements of 
                subparagraph (B), an unaccompanied alien child may not 
                be placed with a person or entity unless the Secretary 
                of Health and Human Services makes a determination that 
                the proposed custodian is capable of providing for the 
                child's physical and mental well-being. Such 
                determination shall, at a minimum, include verification 
                of the custodian's identity and relationship to the 
                child, if any, as well as an independent finding that 
                the individual has not engaged in any activity that 
                would indicate a potential risk to the child.
                    (B) Home studies.--Before placing the child with an 
                individual, the Secretary of Health and Human Services 
                shall determine whether a home study is first 
                necessary. A home study shall be conducted for a child 
                who is a victim of a severe form of trafficking in 
                persons, a special needs child with a disability (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102(2))), or a child who has 
                been a victim of physical or sexual abuse under 
                circumstances that indicate that the child's health or 
                welfare has been significantly harmed or threatened. 
                The Secretary of Health and Human Services shall 
                conduct follow-up services, during the pendency of 
                removal proceedings, on children and custodians for 
                whom a home study was conducted.
                    (C) Access to information.--Upon request from the 
                Secretary of Health and Human Services, the Secretary 
                of Homeland Security shall provide information 
                necessary to conduct suitability assessments from 
                appropriate Federal, State, and local law enforcement 
                and immigration databases.
            (4) Legal orientation presentations.--The Secretary of 
        Health and Human Services shall cooperate with the Executive 
        Office for Immigration Review to ensure that custodians receive 
        legal orientation presentations provided through the Legal 
        Orientation Program administered by the Executive Office for 
        Immigration Review. At a minimum, such presentations shall 
        address the custodian's responsibility to ensure the child's 
        appearance at all immigration proceedings and to protect the 
        child from mistreatment, exploitation, and trafficking.
            (5) Access to counsel.--The Secretary of Health and Human 
        Services shall ensure, to the greatest extent practicable and 
        consistent with section 292 of the Immigration and Nationality 
        Act (8 U.S.C. 1362), that all unaccompanied alien children who 
        are or have been in the custody of the Secretary or the 
        Secretary of Homeland Security, and who are not described in 
        subsection (b)(2)(A), have competent counsel to represent them 
        in legal proceedings or matters and protect them from 
        mistreatment, exploitation, and trafficking. To the greatest 
        extent practicable, the Secretary of Health and Human Services 
        shall make every effort to utilize the services of competent 
        pro bono counsel who agree to provide representation to such 
        children without charge.
            (6) Child advocates.--The Secretary of Health and Human 
        Services is authorized to appoint independent child advocates 
        for child trafficking victims and other vulnerable 
        unaccompanied children. A child advocate shall be provided 
        access to materials necessary to effectively advocate for the 
        best interest of the child. The child advocate shall not be 
        compelled to testify or provide evidence in any proceeding 
        concerning any information or opinion received from the child 
        in the course of serving as a child advocate. The child 
        advocate shall be presumed to be acting in good faith and be 
        immune from civil and criminal liability for lawful conduct of 
        duties as described in this paragraph.
    (e) Permanent Protection for Certain At-Risk Children.--
            (1) In general.--Section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
                    (A) in clause (i), by striking ``State and who has 
                been deemed eligible by that court for long-term foster 
                care due to abuse, neglect, or abandonment;'' and 
                inserting ``State, or an individual or entity appointed 
                by a State or juvenile court located in the United 
                States, and whose reunification with one or both of the 
                immigrant's parents is not viable due to abuse, 
                neglect, abandonment, or a similar basis found under 
                State law;'';
                    (B) in clause (iii), in the matter preceding 
                subclause (I), by striking ``the Attorney General 
                expressly consents to the dependency order serving as a 
                precondition to the grant of special immigrant juvenile 
                status;'' and inserting ``the Secretary of Homeland 
                Security consents to the grant of special immigrant 
                juvenile status,''; and
                    (C) in clause (iii)(I), by striking ``in the actual 
                or constructive custody of the Attorney General unless 
                the Attorney General specifically consents to such 
                jurisdiction;'' and inserting ``in the custody of the 
                Secretary of Health and Human Services unless the 
                Secretary of Health and Human Services specifically 
                consents to such jurisdiction;''.
            (2) Adjustment of status.--Section 245(h)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
        amended to read as follows:
                    ``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
                (6)(D), (7)(A), and (9)(C)(i)(I) of section 212(a) 
                shall not apply; and''.
            (3) Eligibility for assistance.--A child who has been 
        granted special immigrant status under section 101(a)(27)(J) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) 
        and who was either in the custody of the Secretary of Health 
        and Human Services at the time a dependency order was granted 
        for such child or who was receiving services pursuant to 
        section 501(a) of the Refugee Education Assistance Act of 1980 
        (8 U.S.C. 1522 note) at the time such dependency order was 
        granted, shall be eligible for placement and services under 
        section 412(d) of the Immigration and Nationality Act (8 U.S.C. 
        1522(d)) until the earlier of--
                    (A) the date on which the child reaches the age 
                designated in section 412(d)(2)(B) of the Immigration 
                and Nationality Act (8 U.S.C. 1522(d)(2)(B)); or
                    (B) the date on which the child is placed in a 
                permanent adoptive home.
            (4) State courts acting in loco parentis.--A department or 
        agency of a State, or an individual or entity appointed by a 
        State court or juvenile court located in the United States, 
        acting in loco parentis, shall not be considered a legal 
        guardian for purposes of this section or section 462 of the 
        Homeland Security Act of 2002 (6 U.S.C. 279).
            (5) Transition rule.--Notwithstanding any other provision 
        of law, an alien described in section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
        amended by paragraph (1), may not be denied special immigrant 
        status under such section after the date of the enactment of 
        this Act based on age if the alien was a child on the date on 
        which the alien applied for such status.
            (6) Access to asylum protections.--Section 208 of the 
        Immigration and Nationality Act (8 U.S.C. 1158) is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child (as 
                defined in section 462(g) of the Homeland Security Act 
                of 2002 (6 U.S.C. 279(g))).''; and
                    (B) in subsection (b)(3), by adding at the end the 
                following:
                    ``(C) Initial jurisdiction.--An asylum officer (as 
                defined in section 235(b)(1)(E)) shall have initial 
                jurisdiction over any asylum application filed by an 
                unaccompanied alien child (as defined in section 462(g) 
                of the Homeland Security Act of 2002 (6 U.S.C. 
                279(g))), regardless of whether filed in accordance 
                with this section or section 235(b).''.
            (7) Specialized needs of children.--Applications for asylum 
        and other forms of relief from removal in which a child is the 
        principal applicant shall be governed by regulations which take 
        into account the specialized needs of children and which 
        address both procedural and substantive aspects of handling 
        children's cases.
    (f) Training.--The Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services and the Attorney 
General shall provide specialized training to all Federal personnel who 
come into contact with unaccompanied alien children. Such personnel 
shall be trained to work with unaccompanied alien children, including 
identifying children who are a victim of a severe form of trafficking 
in persons, and children for whom asylum or special immigrant relief 
may be appropriate, including children described in subsection (b)(2).
    (g) Amendments to the Homeland Security Act of 2002.--
            (1) Additional responsibilities.--Section 462(b)(1)(L) of 
        the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is 
        amended by striking the period at the end and inserting ``, 
        including regular follow-up visits to such facilities, 
        placements, and other entities, to assess the continued 
        suitability of such placements.''.
            (2) Technical corrections.--Section 462(b) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(b)) is amended--
                    (A) in paragraph (3), by striking ``paragraph 
                (1)(G),'' and inserting ``paragraph (1),''; and
                    (B) by adding at the end the following:
            ``(4) Rule of construction.--Nothing in paragraph (2)(B) 
        may be construed to require that a bond be posted for an 
        unaccompanied alien child who is released to a qualified 
        sponsor.''.
    (h) Definition of Unaccompanied Alien Child.--For purposes of this 
section, the term ``unaccompanied alien child'' has the meaning given 
such term in section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)).
    (i) Effective Date.--This section shall take effect on the date 
that is 90 days after the date of the enactment of this Act.
    (j) Grants and Contracts.--The Secretary of Health and Human 
Services may award grants to, and enter into contracts with, voluntary 
agencies to carry out this section and section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279).

SEC. 237. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.

    (a) Increase in Fee.--Notwithstanding any other provision of law, 
not later than October 1, 2008, the Secretary of State shall increase 
by $2.00 the fee or surcharge assessed under section 140(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 8 U.S.C. 1351 note) for processing machine readable 
nonimmigrant visas and machine readable combined border crossing 
identification cards and nonimmigrant visas.
    (b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 8 U.S.C. 1351 note), fees collected under the authority of 
subsection (a) shall be deposited in the Treasury.
    (c) Duration of Increase.--The fee increase authorized under 
subsection (a) shall terminate on the date that is 2 years after the 
date on which such fee is first collected.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

    Section 113 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``104,''; and
                            (ii) by striking ``$1,500,000'' and all 
                        that follows through ``2007'' and inserting 
                        ``$5,000,000 for each of the fiscal years 2008 
                        through 2011''; and
                    (B) in the second sentence--
                            (i) by inserting ``$1,500,000 for 
                        additional personnel for each of the fiscal 
                        years 2008 through 2011'' after ``Office to 
                        Monitor and Combat Trafficking''; and
                            (ii) by striking ``2006 and 2007'' and 
                        inserting ``2008 through 2011'';
            (2) in the first sentence of subsection (b), by striking 
        ``$5,000,000'' and all that follows through ``2007'' and 
        inserting ``$15,000,000 for each of the fiscal years 2008 
        through 2011'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``2004, 2005, 2006, and 
                        2007'' each place it appears and inserting 
                        ``2008 through 2011'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``$15,000,000'' and 
                                inserting ``$10,000,000''; and
                                    (II) by adding at the end the 
                                following new sentence: ``To carry out 
                                the purposes of section 107(a)(1)(F), 
                                there are authorized to be appropriated 
                                to the Secretary of State $500,000 for 
                                fiscal year 2008, $750,000 for fiscal 
                                year 2009, and $1,000,000 for each of 
                                the fiscal years 2010 and 2011.''; and
                            (iii) in subparagraph (C), by inserting 
                        ``(as added by section 109)'' after ``section 
                        134 of the Foreign Assistance Act of 1961'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph 
                (2); and
                    (D) in paragraph (2) (as redesignated by 
                subparagraph (C))--
                            (i) by striking ``section 104'' and 
                        inserting ``sections 116(f) and 502B(h) of the 
                        Foreign Assistance Act of 1961 (as added by 
                        section 104)''; and
                            (ii) by striking ``, including the 
                        preparation'' and all that follows through 
                        ``section'';
            (4) in subsection (d)--
                    (A) in the first sentence, by striking 
                ``$10,000,000'' and all that follows through ``2007'' 
                and inserting ``$15,000,000 for each of the fiscal 
                years 2008 through 2011''; and
                    (B) in the second sentence, by striking 
                ``$250,000'' and all that follows through ``2007'' and 
                inserting ``$500,000 for each of the fiscal years 2008 
                through 2011'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by striking ``$5,000,000'' 
                and all that follows through ``2007'' and inserting 
                ``$15,000,000 for each of the fiscal years 2008 through 
                2011'';
                    (B) in paragraph (2)--
                            (i) by striking ``section 109'' and 
                        inserting ``section 134 of the Foreign 
                        Assistance Act of 1961 (as added by section 
                        109)''; and
                            (ii) by striking ``$5,000,000'' and all 
                        that follows through ``2007'' and inserting 
                        ``$15,000,000 for each of the fiscal years 2008 
                        through 2011''; and
                    (C) in paragraph (3), by striking ``$300,000'' and 
                all that follows through ``2007'' and inserting 
                ``$1,000,000 for each of the fiscal years 2008 through 
                2011'';
            (6) in subsection (f)--
                    (A) by striking ``section 107(b)'' and inserting 
                ``section 107(b) of this Act and section 202(g) of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2007''; and
                    (B) by striking ``$5,000,000'' and all that follows 
                through ``2007'' and inserting ``$15,000,000 for each 
                of the fiscal years 2008 through 2011'';
            (7) in subsection (h), by striking ``fiscal year 2006'' and 
        inserting ``each of the fiscal years 2008 through 2011''; and
            (8) in subsection (i), by striking ``$18,000,000'' and all 
        that follows through ``2007'' and inserting ``$18,000,000 for 
        each of the fiscal years 2008 through 2011''.

SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.

    The Trafficking Victims Protection Reauthorization Act of 2005 
(Public Law 109-164) is amended--
            (1) in paragraph (7) of section 102(b), by striking ``2006 
        and 2007'' and inserting ``2008 through 2011'';
            (2) in subsection (b) of section 105, by adding at the end 
        the following new paragraph:
            ``(3) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated to the 
        Secretary of Labor $1,000,000 for each of the fiscal years 2008 
        through 2011.'';
            (3) in subsection (c) of section 201--
                    (A) in paragraph (1), by striking ``$2,500,000 for 
                each of the fiscal years 2006 and 2007'' each place it 
                appears and inserting ``$3,000,000 for each of the 
                fiscal years 2008 through 2011''; and
                    (B) in paragraph (2), by striking ``$1,000,000'' 
                and all that follows through ``2007'' and inserting 
                ``$1,000,000 for each of the fiscal years 2008 through 
                2011'';
            (4) in subsection (d) of section 202, by striking 
        ``$10,000,000'' and all that follows through ``2007'' and 
        inserting ``$15,000,000 for each of the fiscal years 2008 
        through 2011'';
            (5) in subsection (g) of section 203, by striking 
        ``$5,000,000'' and all that follows through ``2007'' and 
        inserting ``$5,000,000 for each of the fiscal years 2008 
        through 2011''; and
            (6) in subsection (d) of section 204, by striking 
        ``$25,000,000'' and all that follows through ``2007'' and 
        inserting ``$25,000,000 for each of the fiscal years 2008 
        through 2011''.

SEC. 303. RULE OF CONSTRUCTION.

    The amendments made by sections 301 and 302 shall not be construed 
to affect the availability of funds appropriated pursuant to the 
authorizations of appropriations under the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 
7101 et seq.) and the Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109-164) before the date of the enactment of 
this Act.

SEC. 304. TECHNICAL AMENDMENTS.

    (a) Trafficking Victims Protection Act of 2000.--Sections 103(1) 
and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(1) and 7103(d)(7)) are amended by striking ``Committee on 
International Relations'' each place it appears and inserting 
``Committee on Foreign Affairs''.
    (b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section 
104 of the Trafficking Victims Protection Reauthorization Act of 2005 
(Public Law 109-164) are amended by striking ``Committee on 
International Relations'' each place it appears and inserting 
``Committee on Foreign Affairs''.

           TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Child Soldier Prevention Act of 
2007''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Child soldier.--Consistent with the provisions of the 
        Optional Protocol, the term ``child soldier''--
                    (A) means--
                            (i) any person under age 18 who takes a 
                        direct part in hostilities as a member of 
                        governmental armed forces, where the government 
                        has failed to take all feasible measures to 
                        ensure that members of its armed forced under 
                        age 18 do not take a direct part in 
                        hostilities;
                            (ii) any person under age 18 who has been 
                        compulsorily recruited into governmental armed 
                        forces;
                            (iii) any person under age 16 voluntarily 
                        recruited into governmental armed forces; and
                            (iv) any person under age 18 recruited or 
                        used in hostilities by armed forces distinct 
                        from the armed forces of a state, where the 
                        government has failed to take all feasible 
                        measures to prevent such recruitment and use, 
                        including the adoption of legal measures 
                        necessary to prohibit and criminalize such 
                        practices; and
                    (B) includes any person described in clauses (ii), 
                (iii), and (iv) of subparagraph (A) who is serving in 
                any capacity, including in a support role such as a 
                cook, porter, messenger, medic, guard, or sex slave.
            (3) Optional protocol.--The term ``Optional Protocol'' 
        means the Optional Protocol to the Convention on the Rights of 
        the Child on the Involvement of Children in Armed Conflict, 
        which establishes 18 as the minimum age for conscription or 
        forced recruitment and requires states party to take all 
        feasible measures to ensure that members of their armed forces 
        under the age of 18 do not take a direct part in hostilities
            (4) United states munitions list.--The term ``United States 
        Munitions List'' means the list referred to in section 38(a)(1) 
        of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 403. FINDINGS.

    Congress makes the following findings:
            (1) According to the September 7, 2005, report to the 
        General Assembly of the United Nations by the Special 
        Representative of the Secretary-General for Children and Armed 
        Conflict, ``In the last decade, two million children have been 
        killed in situations of armed conflict, while six million 
        children have been permanently disabled or injured. Over 
        250,000 children continue to be exploited as child soldiers and 
        tens of thousands of girls are being subjected to rape and 
        other forms of sexual violence.''.
            (2) According to the Center for Emerging Threats and 
        Opportunities (CETO), Marine Corps Warfighting Laboratory, 
        ``The Child Soldier Phenomenon has become a post-Cold War 
        epidemic that has proliferated to every continent with the 
        exception of Antarctica and Australia.''.
            (3) Many of the children currently serving in armed forces 
        or paramilitaries were forcibly conscripted through kidnapping 
        or coercion, a form of human trafficking, while others joined 
        military units due to economic necessity, to avenge the loss of 
        a family member, or for their own personal safety.
            (4) Some military and militia commanders force child 
        soldiers to commit gruesome acts of ritual killings or torture, 
        including acts of violence against other children.
            (5) Many female child soldiers face the additional 
        psychological and physical horrors of rape and sexual abuse, 
        enslavement for sexual purposes by militia commanders, and 
        severe social stigma should they return home.
            (6) Some military and militia commanders target children 
        for recruitment because of their psychological immaturity and 
        vulnerability to manipulation and indoctrination. Children are 
        often separated from their families in order to foster 
        dependence on military units and leaders. Consequently, many of 
        these children suffer from deep trauma and are in need of 
        psychological counseling and rehabilitation.
            (7) Child soldiers are exposed to hazardous conditions and 
        are at risk of physical injury and disability, psychological 
        trauma, sexually transmitted diseases, respiratory and skin 
        infections, and often death.
            (8) On May 25, 2000, the United Nations adopted and opened 
        for signature, ratification, and accession the Optional 
        Protocol to the Convention on the Rights of the Child on the 
        Involvement of Children in Armed Conflict.
            (9) On June 18, 2002, the Senate unanimously approved the 
        resolution advising and consenting to the ratification of the 
        Optional Protocol.
            (10) On December 23, 2002, the United States presented the 
        ratified Optional Protocol to the United Nations.
            (11) More than 110 governments worldwide have ratified the 
        Optional Protocol, establishing a clear international norm 
        concerning the use of children in combat.
            (12) On December 2, 1999, the United States ratified 
        International Labour Convention 182, the Convention concerning 
        the Prohibition and Immediate Action for the Elimination of the 
        Worst Forms of Child Labour, which includes the use of child 
        soldiers among the worst forms of child labor.
            (13) On October 7, 2005, the Senate gave its advice and 
        consent to the ratification of the Protocol to Prevent, 
        Suppress and Punish Trafficking in Persons, Especially Women 
        and Children, Supplementing the United Nations Convention 
        Against Transnational Organized Crime.
            (14) It is in the national security interest of the United 
        States to reduce the chances that members of the United States 
        Armed Forces will be forced to encounter children in combat 
        situations.
            (15) Section 502B(a)(3) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is 
        directed to formulate and conduct international security 
        assistance programs of the United States in a manner which will 
        promote and advance human rights and avoid identification of 
        the United States, through such programs, with governments 
        which deny to their people internationally recognized human 
        rights and fundamental freedoms, in violation of international 
        law or in contravention of the policy of the United States as 
        expressed in this section or otherwise''.

SEC. 404. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States Government should condemn the 
        conscription, forced recruitment or use of children by 
        governments, paramilitaries, or other organizations in 
        hostilities;
            (2) the United States Government should support and, where 
        practicable, lead efforts to establish and uphold international 
        standards designed to end this abuse of human rights;
            (3) the United States Government should expand ongoing 
        services to rehabilitate recovered child soldiers and to 
        reintegrate them back into their communities by--
                    (A) offering ongoing psychological services to help 
                victims recover from their trauma and relearn how to 
                deal with others in nonviolent ways such that they are 
                no longer a danger to their community, taking into 
                consideration the needs of girl soldiers, who may be at 
                risk of exclusion from disarmament, demobilization, and 
                reintegration programs;
                    (B) facilitating reconciliation with their 
                communities through negotiations with traditional 
                leaders and elders to enable recovered abductees to 
                resume normal lives in their communities; and
                    (C) providing educational and vocational 
                assistance;
            (4) the United States should work with the international 
        community, including, where appropriate, third country 
        governments, nongovernmental organizations, faith-based 
        organizations, United Nations agencies, local governments, 
        labor unions, and private enterprise--
                    (A) on efforts to bring to justice rebel 
                organizations that kidnap children for use as child 
                soldiers, including the Lord's Resistance Army (LRA) in 
                Uganda, Fuerzas Armadas Revolucionarias de Colombia 
                (FARC), and Liberation Tigers of Tamil Eelam (LTTE) in 
                Sri Lanka, including, where feasible, by arresting the 
                leaders of such groups; and
                    (B) on efforts to recover those children who have 
                been abducted and to assist them in their 
                rehabilitation and reintegration into communities;
            (5) the Secretary of State, the Secretary of Labor, and the 
        Secretary of Defense should coordinate programs to achieve the 
        goals specified in paragraph (3), and in countries where the 
        use of child soldiers is an issue, whether or not it is 
        supported or sanctioned by the governments of such countries, 
        United States diplomatic missions should include in their 
        mission program plans a strategy to achieve the goals specified 
        in such paragraph;
            (6) United States diplomatic missions in countries in which 
        governments use or tolerate child soldiers should develop, as 
        part of annual program planning, strategies to promote efforts 
        to end this abuse of human rights, identifying and integrating 
        global best practices, as available, into such strategies to 
        avoid duplication of effort; and
            (7) in allocating or recommending the allocation of funds 
        or recommending candidates for programs and grants funded by 
        the United States Government, United States diplomatic missions 
        should give serious consideration to those programs and 
        candidates deemed to promote the end to this abuse of human 
        rights.

SEC. 405. PROHIBITION ON PROVISION OF MILITARY ASSISTANCE TO FOREIGN 
              GOVERNMENTS THAT RECRUIT OR USE CHILD SOLDIERS.

    (a) In General.--Subject to subsections (b), (c), and (d), none of 
the funds made available to carry out sections 516 or 541 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 
of the Arms Export Control Act (22 U.S.C. 2763) may be used to provide 
assistance to the government of a country that the Secretary of State 
determines has governmental armed forces or government supported armed 
groups, including paramilitaries, militias, or civil defense forces, 
that recruit or use child soldiers.
    (b) Publication of List of Foreign Governments and Notification to 
Foreign Governments.--
            (1) Publication of list of foreign governments.--The 
        Secretary of State shall include a list of the foreign 
        governments subject to the prohibition in subsection (a) in the 
        report required by section 110(b) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7107(b)).
            (2) Notification to foreign governments.--The Secretary of 
        State shall formally notify each foreign government subject to 
        the prohibition in subsection (a).
    (c) National Interest Waiver.--
            (1) Waiver.--The President may waive the application to a 
        foreign government of the prohibition in subsection (a) if the 
        President determines that such waiver is in the interest of the 
        United States.
            (2) Publication and notification.--The President shall 
        publish each waiver granted under paragraph (1) in the Federal 
        Register and shall notify the appropriate congressional 
        committees of each such waiver, including the justification for 
        the waiver, in accordance with the regular notification 
        procedures of such committees.
    (d) Reinstatement of Assistance.--The President may provide to a 
foreign government assistance otherwise prohibited under subsection (a) 
upon certifying to the appropriate congressional committees that the 
foreign government--
            (1) has implemented effective measures to come into 
        compliance with the standards of this title; and
            (2) has implemented effective policies and mechanisms to 
        prohibit and prevent future use of child soldiers and to ensure 
        that no children are recruited, conscripted, or otherwise 
        compelled to serve as child soldiers.
    (e) Exceptions.--
            (1) Assistance to address the problem of child soldiers and 
        professionalization of the military.--
                    (A) In general.--The President may provide to a 
                foreign government assistance under section 541 of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2347; 
                relating to international military education and 
                training) otherwise prohibited under subsection (a) 
                upon certifying to the appropriate congressional 
                committees that--
                            (i) the government is implementing 
                        effective measures to demobilize child soldiers 
                        in its forces or in government supported 
                        paramilitaries and to provide demobilization, 
                        rehabilitation, and reintegration assistance to 
                        those former child soldiers; and
                            (ii) the assistance provided by the United 
                        States Government to the government will go to 
                        programs that will directly support 
                        professionalization of the military.
                    (B) Limitation.--The exception under subparagraph 
                (A) may not remain in effect for more than 2 years 
                following the date of notification specified in 
                subsection (b)(2).
            (2) Assistance for demining activities, the clearance of 
        unexploded ordinance, the destruction of small arms, and 
        related activities.--The President may use funds made available 
        under section 23 of the Arms Export Control Act (22 U.S.C. 
        2763; relating to credit sales) to provide to a foreign 
        government assistance otherwise prohibited under subsection (a) 
        if the purpose of the assistance is to carry out demining 
        activities, the clearance of unexploded ordinance, the 
        destruction of small arms, or related activities.
            (3) Assistance to further cooperation with the united 
        states to combat international terrorism.--The President may 
        provide to a foreign government assistance under any provision 
        of law specified in subsection (a) if the purpose of the 
        assistance is specifically designed to further cooperation 
        between the United States and the foreign government to combat 
        international terrorism.
    (f) Effective Date; Applicability.--This section takes effect 180 
days after the date of the enactment of this Act and shall apply to 
funds made available for the first fiscal year beginning after such 
effective date and each subsequent fiscal year.

SEC. 406. REPORTS.

    (a) Preparation of Reports Regarding Child Soldiers.--The Secretary 
of State shall ensure that United States missions abroad thoroughly 
investigate reports of the use of child soldiers in the countries in 
which such missions are located.
    (b) Information for Annual Human Rights Reports.--In preparing 
those portions of the Department of State's annual Country Reports on 
Human Rights Practices that relate to child soldiers, the Secretary of 
State shall ensure that such portions include a description of the use 
of child soldiers in each foreign country, including--
            (1) trends toward improvement in such country of the status 
        of child soldiers or the continued or increased tolerance of 
        such practices; and
            (2) the role of the government of such country in engaging 
        in or tolerating the use of child soldiers.
    (c) Notification to Congress.--Not later than June 15 of each year 
for 10 years following the date of the enactment of this Act, the 
President shall submit to the appropriate congressional committees--
            (1) a list of any waivers or exceptions exercised under 
        section 405;
            (2) a justification for those waivers and exceptions; and
            (3) a description of any assistance provided pursuant to 
        section 405.
    (d) Report on Implementation of Title.--Not later than 180 days 
after the date of the enactment of this Act, the President shall submit 
to appropriate congressional committees a report setting forth a 
strategy for achieving the policy objectives of this title, including a 
description of an effective mechanism for coordination of United States 
Government efforts to implement this strategy.
    (e) Report on Child Soldiers in Burma.--Not later than 120 days 
after the date of enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a report of the 
recruitment and use of child soldiers by the governmental armed forces 
or government-supported armed groups of the Government of Burma, 
including paramilitaries, militias, or civil defense forces.

SEC. 407. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended by adding at the end the following new subsection:
    ``(c) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided 
after January 1, 2008, for members of the Service, including chiefs of 
mission, instruction on matters related to child soldiers and the terms 
of the Child Soldier Prevention Act of 2007.''.

            Passed the House of Representatives December 4, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3887

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal years 2008 through 2011 for the 
  Trafficking Victims Protection Act of 2000, to enhance measures to 
         combat trafficking in persons, and for other purposes.