[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3061 Reported in Senate (RS)]






                                                       Calendar No. 946
110th CONGRESS
  2d Session
                                S. 3061

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2008

   Mr. Biden (for himself, Mr. Brownback, Mr. Hatch, Mr. Cardin, Mr. 
Specter, Mr. Durbin, and Mrs. Feinstein) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                           September 8, 2008

                 Reported by Mr. Leahy, with amendments
                  [Insert the parts printed in italic]

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 
2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Assistance for victims of trafficking in other countries.
Sec. 104. Increasing effectiveness of anti-trafficking programs.
Sec. 105. Minimum standards for the elimination of trafficking.
Sec. 106. Actions against governments failing to meet minimum 
                            standards.
Sec. 107. Research on domestic and international trafficking in 
                            persons.
Sec. 108. Presidential Award for Extraordinary Efforts to Combat 
                            Trafficking in Persons.
Sec. 109. Report on activities of the Department of Labor to monitor 
                            and combat forced labor and child labor.
    TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Information for work-based nonimmigrants on legal rights and 
                            resources.
Sec. 203. Domestic worker protections.
Sec. 204. Relief for certain victims pending actions on petitions and 
                            applications for relief.
Sec. 205. Expansion of authority to permit continued presence in the 
                            United States.
Sec. 206. Implementation of Trafficking Victims Protection 
                            Reauthorization Act of 2005.
             Subtitle B--Assistance for Trafficking Victims

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

Sec. 221. Restitution of forfeited assets; enhancement of civil action.
Sec. 222. Enhancing trafficking offenses.
Sec. 223. Jurisdiction in certain trafficking offenses.
Sec. 224. Sex tourism and removal of sex offenders.
         Subtitle D--Activities of the United States Government

Sec. 231. Annual report by the Attorney General.
Sec. 232. Defense contract audit agency audit.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Preventing United States travel by traffickers.
Sec. 235. Enhancing efforts to combat the trafficking of children.
Sec. 236. Temporary increase in fee for certain consular services.
              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

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

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Prohibition.
Sec. 404. Reports.
Sec. 405. Training for foreign service officers.
Sec. 406. Accountability for the recruitment and use of child soldiers.
Sec. 407. Effective date; applicability.

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

    Section 105(e) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(e)) is amended 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. The Office shall be headed by a 
        Director, with the rank of Ambassador at Large, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            ``(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 may collect evidence in 
                public hearings or by other means if such collection 
                does not disrupt an ongoing criminal investigation.
                    ``(C) The Director, in coordination and cooperation 
                with other officials at the Department of State 
                involved in corporate responsibility, the Deputy Under 
                Secretary for International Affairs of the Department 
                of Labor, and other relevant officials of the United 
                States Government, shall promote, build, and sustain 
                partnerships between the United States Government and 
                private entities (including foundations, universities, 
                corporations, community-based organizations, and other 
                nongovernmental organizations) to ensure that--
                            ``(i) United States citizens do not use any 
                        item, product, or material produced or 
                        extracted with the use of labor from victims of 
                        severe forms of trafficking; and
                            ``(ii) such entities do not contribute to 
                        trafficking in persons involving sexual 
                        exploitation.
            ``(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 Director of the Office to Monitor and Combat Trafficking 
        shall be carried out with concurrence of the Director.''.

SEC. 103. 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:
                    ``(F) In cooperation and coordination with relevant 
                organizations, such as the United Nations High 
                Commissioner for Refugees, the International 
                Organization for Migration, and private nongovernmental 
                organizations that contract with, and receive grants 
                from, the United States Government to assist refugees 
                and internally displaced persons, support for--
                            ``(i) increased protections for refugees 
                        and internally displaced persons, including 
                        outreach and education efforts to prevent such 
                        refugees and internally displaced persons from 
                        being exploited by traffickers; and
                            ``(ii) performance of best interest 
                        determinations for unaccompanied and separated 
                        children who come to the attention of the 
                        United Nations High Commissioner for Refugees, 
                        its partner organizations, or any organization 
                        that contracts with the Department of State in 
                        order to identify child trafficking victims and 
                        to assist their safe integration, 
                        reintegration, and resettlement.''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``In carrying out this paragraph, the Secretary and the 
        Administrator shall take all appropriate steps to ensure that 
        cooperative efforts among foreign countries are undertaken on a 
        regional basis.''.

SEC. 104. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

    The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.) is amended by inserting after section 107 the following:

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

    ``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
In administering funds made available to carry out this Act in the 
United States and abroad--
            ``(1) solicitations of grants, cooperative agreements, and 
        contracts for such programs shall be made publicly available;
            ``(2) grants, cooperative agreements, and contracts shall 
        be subject to full and open competition, in accordance with 
        applicable laws;
            ``(3) grants shall be evaluated by a review panel that is 
        composed of Federal experts and nongovernmental experts, as 
        appropriate; and
            ``(4) the internal department or agency review process for 
        such grants, cooperative agreements, and contracts shall not be 
        subject to ad hoc or intermittent review or influence by 
        individuals or organizations outside the United States 
        Government except as provided under paragraphs (1) through (3).
    ``(b) Eligibility.--
            ``(1) In general.--An applicant desiring a grant, contract, 
        or cooperative agreement under this Act shall certify that 
        persons or entities providing legal services, social services, 
        health services, or other assistance have completed, or will 
        complete, training in connection with severe forms of 
        trafficking in persons.
            ``(2) Disclosure.--If appropriate, applicants should 
        indicate collaboration with nongovernmental organizations, 
        including organizations with expertise in severe forms of 
        trafficking and forced labor.
    ``(c) Evaluation of Anti-Trafficking Programs.--
            ``(1) In general.--The President shall establish a system 
        to evaluate the effectiveness and efficiency of the assistance 
        provided under anti-trafficking programs established under this 
        Act on a program-by-program basis in order to maximize the 
        long-term sustainable development impact of such assistance.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        President shall--
                    ``(A) establish performance goals for the 
                assistance described in paragraph (1), expressed in an 
                objective and quantifiable form, to the extent 
                practicable;
                    ``(B) ensure that performance indicators are used 
                for programs authorized under this Act to measure and 
                assess the achievement of the performance goals 
                described in subparagraph (A);
                    ``(C) provide a basis for recommendations for 
                adjustments to the assistance described in paragraph 
                (1) to enhance the impact of such assistance; and
                    ``(D) ensure that evaluations, to the extent 
                practicable, are conducted by subject matter experts in 
                and outside the United States Government.
    ``(d) Targeted Use of Anti-Trafficking Programs.--The Director of 
the Office to Monitor and Combat Trafficking shall provide assistance 
to foreign countries and nongovernmental organizations receiving 
assistance under 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 the 
William Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008.
    ``(e) Consistency With Other Programs.--The President shall ensure 
that the design, monitoring, and evaluation of United States assistance 
programs for emergency relief, development, and poverty alleviation 
under part I and chapter 4 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and other similar United 
States assistance programs are consistent with United States policies 
and other United States programs relating to combating trafficking in 
persons.
    ``(f) Authorization of Appropriations.--For each of the fiscal 
years 2008 through 2011, not more than 5 percent of the amounts made 
available to carry out this division may be used to carry out this 
section, including--
            ``(1) evaluations of promising anti-trafficking programs 
        and projects funded by the disbursing agency pursuant to this 
        Act; and
            ``(2) evaluations of emerging problems or global trends.''.

SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Criteria.--Section 108(b) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7106(b)) 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 be considered, on 
                a case-by-case basis, whether to be considered an 
                indicator of serious and sustained efforts to eliminate 
                severe forms of trafficking in persons.''; and
            (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''.

SEC. 106. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
              STANDARDS.

    (a) Countries on Special Watch List Relating to Trafficking in 
Persons for 3 Consecutive Years.--Section 110(b)(3) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amended by 
adding at the end the following:
                    ``(D) Countries on special watch list for 3 
                consecutive years.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), a country that is included on the 
                        special watch list described in subparagraph 
                        (A) for 3 consecutive years after the date of 
                        the enactment of this subparagraph, shall be 
                        included on the list of countries described in 
                        paragraph (1)(C).
                            ``(ii) Exercise of waiver authority.--The 
                        President may waive the application of clause 
                        (i) for up to 1 year if the President 
                        determines and certifies to the Committee on 
                        Foreign Relations of the Senate and the 
                        Committee on Foreign Affairs of the House of 
                        Representatives that such a waiver would 
                        promote the purposes of this Act or is 
                        otherwise in the national interest of the 
                        United States.''.
    (b) Clarification of Measures Against Certain Foreign Countries.--
Section 110(d)(1)(A)(ii) of such Act is amended by inserting ``such 
assistance to the government of the country for the subsequent fiscal 
year and will not provide'' after ``will not provide''.
    (c) Translation of Trafficking in Persons Report.--The Secretary of 
State shall--
            (1) timely translate the annual report submitted under 
        section 110(b) of the Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7107(b)) into the principal languages of as 
        many countries as possible, with particular emphasis on the 
        languages of the countries on the lists described in 
        subparagraphs (B) and (C) of section 110(b)(1) of such Act; and
            (2) ensure that such translations are made available to the 
        public, including through postings on the Internet website of 
        the Department of State and other appropriate websites.

SEC. 107. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
              PERSONS.

    (a) Integrated Database.--Section 112A of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
            (1) in subsection (a), by amending paragraph (5) to read as 
        follows:
            ``(5) An effective mechanism for quantifying the number of 
        victims of trafficking on a national, regional, and 
        international basis, which shall include, not later than 2 
        years after the date of the enactment of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008, the establishment and maintenance of an integrated 
        database within the Human Smuggling and Trafficking Center.''; 
        and
            (2) by amending subsection (b) to read as follows:
    ``(b) Role of Human Smuggling and Trafficking Center.--
            ``(1) In general.--The research initiatives described in 
        paragraphs (4) and (5) of subsection (a) shall be carried out 
        by the Human Trafficking and Smuggling Center, established 
        under section 7202 of the 9/11 Commission Implementation Act of 
        2004 (8 U.S.C. 1777).
            ``(2) Database.--The database described in subsection 
        (a)(5) shall be established by combining all applicable data 
        collected by each Federal department and agency represented on 
        the Interagency Task Force to Monitor and Combat Trafficking, 
        consistent with the protection of sources and methods, and, to 
        the maximum extent practicable, applicable data from relevant 
        international organizations, to--
                    ``(A) improve the coordination of the collection of 
                data related to trafficking in persons by each agency 
                of the United States Government that collects such 
                data;
                    ``(B) promote uniformity of such data collection 
                and standards and systems related to such collection;
                    ``(C) undertake a meta-analysis of patterns of 
                trafficking in persons, slavery, and slave-like 
                conditions to develop and analyze global trends in 
                human trafficking;
                    ``(D) identify emerging issues in human trafficking 
                and establishing integrated methods to combat them; and
                    ``(E) identify research priorities to respond to 
                global patterns and emerging issues.
            ``(3) Consultation.--The database established in accordance 
        with paragraph (2) shall be maintained in consultation with the 
        Director of the Office to Monitor and Combat Trafficking in 
        Persons of the Department of State.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated $3,000,000 to the Human 
        Trafficking and Smuggling Center for each of the fiscal years 
        2008 through 2011 to carry out the activities described in this 
        subsection.''.
    (b) Report.--Section 110(b)(1) of such Act (22 U.S.C. 7107(b)(1)) 
is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(E) reporting and analysis on the emergence or 
                shifting of global patterns in human trafficking, 
                including data on the number of victims trafficked to, 
                through, or from major source and destination 
                countries, disaggregated by nationality, gender, and 
                age, as possible; and
                    ``(F) emerging issues in human trafficking.''.

SEC. 108. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT 
              TRAFFICKING IN PERSONS.

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

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

    ``(a) Establishment of Award.--The President is authorized to 
establish an award, to be known as the `Paul D. Wellstone Presidential 
Award for Extraordinary Efforts To Combat Trafficking in Persons', for 
extraordinary efforts to combat trafficking in persons. To the maximum 
extent practicable, the Secretary of State shall present the award 
annually to not more than 5 individuals or organizations, including--
            ``(1) individuals who are United States citizens or foreign 
        nationals; and
            ``(2) United States or foreign nongovernmental 
        organizations.
    ``(b) Selection.--The President shall establish procedures for 
selecting recipients of the award authorized under subsection (a).
    ``(c) Ceremony.--The Secretary of State shall host an annual 
ceremony for recipients of the award authorized under subsection (a) as 
soon as practicable after the date on which the Secretary submits to 
Congress the report required under section 110(b)(1). The Secretary of 
State may pay the travel costs of each recipient and a guest of each 
recipient who attends the ceremony.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated, for each of the fiscal years 2008 through 2011, such sums 
as may be necessary to carry out this section.''.

SEC. 109. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR 
              AND COMBAT FORCED LABOR AND CHILD LABOR.

    (a) Final Report; Public Availability of List.--Not later than 
January 15, 2009, the Secretary of Labor shall--
            (1) submit to the appropriate congressional committees a 
        final report that--
                    (A) describes the implementation of section 105(b) 
                of the Trafficking Victims Protection Reauthorization 
                Act of 2005 (22 U.S.C. 7103(b)); and
                    (B) includes an initial list of goods described in 
                paragraph (2)(C) of such section; and
            (2) make the list of goods described in paragraph (1)(B) 
        available to the public.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' has the meaning given 
the term in section 103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102).

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

    (a) T Visas.--Section 101(a)(15)(T) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``Security and the Attorney General jointly;'' 
                and inserting ``Security, in consultation with the 
                Attorney General,'';
                    (B) in subclause (I), by striking the comma at the 
                end and inserting a semicolon;
                    (C) in subclause (II), by adding at the end the 
                following: ``including physical presence on account of 
                the alien having been allowed entry into the United 
                States for participation in investigative or judicial 
                processes;'';
                    (D) in subclause (III)--
                            (i) in item (aa), by striking ``or'' at the 
                        end;
                            (ii) by redesignating item (bb) as item 
                        (cc);
                            (iii) by inserting after item (aa) the 
                        following:
                    ``(bb) after consultation with the Attorney 
                General, is unlikely or unable to cooperate with a 
                request described in item (aa) due to physical or 
                psychological trauma; or''; and
                            (iv) in item (cc), as redesignated, by 
                        striking ``, and'' at the end and inserting ``; 
                        and'';
                    (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 at the end the following:
                    ``(III) any parent or minor sibling of an alien 
                described in subclause (I) or (II) who a law 
                enforcement officer determines faces a present danger 
                of retaliation as a result of the alien's escape from 
                the severe form of trafficking or cooperation with law 
                enforcement.''; and
            (3) by striking clause (iii).
    (b) Requirements for T Visa Issuance.--Section 214(o) 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 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 the existence of extreme hardship under 
section 101(a)(15)(T)(i)(IV), the Secretary of Homeland Security, in 
consultation with the Attorney General and other relevant individuals 
responsible for working with victims and witnesses, may consider--
            ``(A) whether the country to which the alien is likely to 
        be removed could adequately address security concerns; and
            ``(B) the mental and physical health needs of the alien and 
        of the family members of the alien (as 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) for a 
period in excess of 4 years if the Secretary determines that an 
extension of such period is warranted due to exceptional circumstances. 
Such alien's nonimmigrant status shall be extended if the alien is 
eligible for relief under section 245(m) and is unable to obtain such 
relief because regulations have not been issued to implement such 
section.''.
    (d) Adjustment of Status for Trafficking Victims.--Section 245(l) 
of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the Attorney General,,'' and inserting ``in 
                the opinion of the Secretary of Homeland Security, in 
                consultation with the Attorney General,'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``subject to paragraph 
                        (6),'' after ``(B)''; and
                            (ii) by striking ``, and'' and inserting 
                        ``; and''; and
                    (C) in subparagraph (C)--
                            (i) in clause (i), by striking ``, or'' and 
                        inserting ``; or''; and
                            (ii) in clause (ii), by striking ``, or in 
                        the case of subparagraph (C)(i), the Attorney 
                        General,'';
            (2) in paragraph (3), by striking the period at the end and 
        inserting the following: ``, unless--
            ``(A) the absence was necessary to assist in the 
        investigation or prosecution described in paragraph (1)(A); or
            ``(B) an official involved in the investigation or 
        prosecution certifies that the absence was otherwise 
        justified.''; and
            (3) by adding at the end the following:
    ``(6) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security may waive consideration of a disqualification from good moral 
character with respect to an alien if the disqualification was caused 
by, or incident to, the trafficking described in section 
101(a)(15)(T)(i)(I). All costs or fees associated with filing an 
application for relief through final adjudication of the adjustment of 
status for a VAWA self-petitioner and for relief under sections 
101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) (as in 
effect on March 31, 1997) shall be eligible for fee waivers.''.
    (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)--
            (1) by inserting ``The'' before ``Secretary of Homeland 
        Security''; and
            (2) 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) Information Pamphlet.--
            (1) Development and distribution.--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 on legal rights and resources for 
        aliens applying for employment-based nonimmigrant visas.
            (2) Consultation.--In developing the information pamphlet 
        under paragraph (1), 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) Contents.--The information pamphlet developed under subsection 
(a) shall include information concerning--
            (1) the nonimmigrant visa application processes, including 
        information about the portability of employment;
            (2) the legal rights of employment-based nonimmigrant visa 
        holders under Federal immigration, labor, and employment law;
            (3) the illegality of slavery, peonage, trafficking in 
        persons, sexual assault, extortion, blackmail, and worker 
        exploitation in the United States;
            (4) the legal rights of immigrant victims of worker 
        exploitation, including--
                    (A) the right of access to immigrant and labor 
                rights groups;
                    (B) the right to seek redress in United States 
                courts; and
                    (C) the right to report abuse without retaliation; 
                and
            (5) 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.
    (c) Translation.--
            (1) In general.--To best serve the language groups having 
        the greatest concentration of employment-based nonimmigrant 
        visas, the Secretary of Homeland Security shall translate the 
        information pamphlet developed under subsection (a) into not 
        fewer than 14 foreign languages, to be determined by the 
        Secretary based on the languages spoken by the greatest 
        concentrations of employment-based nonimmigrant visa 
        applicants.
            (2) Revision.--Every 2 years, the Secretary of Homeland 
        Security, in consultation with the Attorney General and the 
        Secretary of State, shall determine the 14 specific languages 
        into which the information pamphlet will be translated based on 
        the languages spoken by the greatest concentrations of 
        employment-based nonimmigrant visa applicants.
    (d) Availability and Distribution.--
            (1) Posting on federal websites.--The information pamphlet 
        developed under subsection (a) shall be posted on the websites 
        of the Department of State, the Department of Homeland 
        Security, the Department of Justice, the Department of Labor, 
        and all United States consular posts processing applications 
        for nonimmigrant visas.
            (2) Other distribution.--The information pamphlet developed 
        under subsection (a) shall be made available to any--
                    (A) government agency;
                    (B) nongovernmental advocacy organization; or
                    (C) foreign labor broker doing business in the 
                United States.
            (3) Deadline for pamphlet development and distribution.--
        Not later than 180 days after the date of the enactment of this 
        Act, the Secretary of Homeland Security shall distribute and 
        make available the information pamphlet developed under 
        subsection (a) in all the languages referred to in subsection 
        (c).
    (e) Responsibilities of Consular Officers of the Department of 
State.--
            (1) Interviews.--A consular officer conducting an interview 
        of an alien for an employment-based nonimmigrant visa shall--
                    (A) orally disclose to the alien the information 
                described in paragraphs (2) and (3) in a language that 
                the alien understands; and
                    (B) distribute the pamphlet required under 
                subsection (a).
            (2) Legal rights.--The consular officer shall disclose to 
        the alien--
                    (A) the legal rights of employment-based 
                nonimmigrant visa holders under Federal immigration, 
                labor, and employment laws;
                    (B) the illegality of slavery, peonage, trafficking 
                in persons, sexual assault, extortion, blackmail, and 
                worker exploitation in the United States; and
                    (C) the legal rights of immigrant victims of 
                trafficking in persons, worker exploitation, and other 
                related crimes, including--
                            (i) the right of access to immigrant and 
                        labor rights groups;
                            (ii) the right to seek redress in United 
                        States courts; and
                            (iii) the right to report abuse without 
                        retaliation.
            (3) Victim services.--In carrying out the disclosure 
        requirement under this subsection, the consular officer shall 
        disclose to the alien the availability of services for victims 
        of human trafficking and worker exploitation in the United 
        States, including victim services complaint hotlines.
    (f) Definitions.--In this section:
            (1) Employment-based nonimmigrant visa.--The term 
        ``employment-based nonimmigrant visa'' means a nonimmigrant 
        visa issued for the purpose of employment, education, or 
        training in the United States, including 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. DOMESTIC WORKER PROTECTIONS.

    (a) Definitions.--In this section:
            (1) A-3 visa.--The term ``A-3 visa'' means a nonimmigrant 
        visa issued pursuant to section 101(a)(15)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)).
            (2) G-5 visa.--The term ``G-5 visa'' means a nonimmigrant 
        visa issued pursuant to section 101(a)(15)(G)(v) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
    (b) Distribution of Anti-trafficking Information to Applicants for 
A-3 and G-5 Visas.--
            (1) In general.--The Secretary shall ensure the content, 
        consistency, and accuracy of information disseminated to--
                    (A) recipients of A-3 and G-5 visas; and
                    (B) sponsors or employers of such visa applicants 
                or visa holders.
            (2) Information pamphlet.--
                    (A) Development.--Pursuant to paragraph (1), the 
                Secretary, in consultation with the Secretary of the 
                Department of Homeland Security, the Attorney General, 
                the Secretary of Labor, and nongovernmental 
                organizations with expertise in the legal rights of, 
                and services for, human trafficking victims and 
                immigrant workers, shall develop an information 
                pamphlet for applicants seeking A-3 and G-5 visas.
                    (B) Content.--The pamphlet required under this 
                paragraph shall include information on--
                            (i) the visa application process;
                            (ii) the terms and conditions of the 
                        immigration status granted such visa holders in 
                        the United States, if admitted;
                            (iii) the rights of A-3 and G-5 visa 
                        holders under Federal immigration, labor, and 
                        employment laws, including--
                                    (I) the right to report abuse 
                                without retaliation;
                                    (II) the right of access to 
                                immigrant and labor rights groups; and
                                    (III) the right to seek redress in 
                                United States courts;
                            (iv) the laws of the United States 
                        prohibiting slavery, peonage, trafficking in 
                        persons, sexual assault, extortion, blackmail, 
                        and worker exploitation;
                            (v) the right of the visa holder to retain 
                        possession of their passport;
                            (vi) the requirement of an employment 
                        contract between the employer and the visa 
                        holder and an explanation of the rights and 
                        protections included in the contract; and
                            (vii) information about nongovernmental 
                        organizations that provide services to 
                        trafficking victims, including--
                                    (I) the National Trafficking in 
                                Persons and Worker Exploitation Task 
                                Force complaint line;
                                    (II) the Operation Rescue and 
                                Restore hotline; and
                                    (III) a general description of the 
                                types of victims services available if 
                                an individual is subject to trafficking 
                                in persons.
                    (C) Translation.--The Secretary, in consultation 
                with the Secretary of Homeland Security, shall 
                translate the information pamphlet required under this 
                paragraph into at least 10 languages based upon the 
                languages spoken by the greatest concentration of A-3 
                and G-5 visa holders.
                    (D) Availability.--
                            (i) By mail.--The Secretary shall mail the 
                        information pamphlet developed under this 
                        paragraph to each applicant for an A-3 or G-5 
                        visa. The pamphlet shall be in the primary 
                        language of the applicant, or in English if no 
                        translation into the applicant's primary 
                        language is available.
                            (ii) Consular interviews.--The consular 
                        officer conducting the personal interview with 
                        the visa applicant shall provide the 
                        information pamphlet developed under this 
                        paragraph to the applicant. If a version of the 
                        pamphlet is not available in the primary 
                        language of the applicant, the officer shall--
                                    (I) provide the applicant with a 
                                copy of the pamphlet in English; and
                                    (II) if the officer determines that 
                                the applicant is illiterate, review the 
                                pamphlet with the applicant orally in 
                                the primary language of the applicant.
                            (iii) Website.--The Secretary shall ensure 
                        that the information pamphlet developed under 
                        this paragraph is posted on--
                                    (I) the Internet website of the 
                                Department of State; and
                                    (II) on the Internet websites of 
                                all consular posts processing A-3 and 
                                G-5 visa applications.
    (c) Limitations on Issuance of A-3 and G-5 Visas.--
            (1) Contract requirement.--Notwithstanding any other 
        provision of law, the Secretary may not issue a visa--
                    (A) under section 101(a)(15)(A)(iii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(A)(iii)) unless the applicant is employed, 
                or has signed a contract to be employed, by the 
                Ambassador, Deputy Chief of Mission, or principal 
                officer or deputy principal officer of a diplomatic 
                mission or consular post; or
                    (B) under section 101(a)(15)(G)(v) of such Act 
                unless the applicant is employed, or has signed a 
                contract to be employed by an employee in a senior 
                management position in an international organization.
            (2) Suspension requirement.--Notwithstanding any other 
        provision of law, the Secretary shall suspend, for such period 
        as the Secretary determines necessary, the issuance of visas 
        under subparagraphs (A)(iii) and (G)(v) of section 101(a)(15) 
        of the Immigration and Nationality Act to applicants seeking to 
        work for officials of a diplomatic mission, if the Secretary 
        finds that such mission, or the employees of such mission, have 
        a record of abusing or exploiting A-3 or G-5 visa holders, or 
        of tolerating such actions.
    (d) Protections and Remedies for A-3 and G-5 Visa Holders Employed 
by Diplomats and Staff of International Organizations.--
            (1) In general.--The Secretary may not issue or renew an A-
        3 or G-5 visa unless--
                    (A) the visa applicant has executed a contract with 
                the employer or prospective employer containing 
                provisions described in paragraph (2); and
                    (B) a consular officer has conducted a personal 
                interview with the applicant outside the presence of 
                the employer or any recruitment agent in which the 
                officer reviewed the terms of the contract and the 
                provisions of the pamphlet required under subsection 
                (b)(2).
            (2) Mandatory contract.--The contract between the employer 
        and domestic worker required under paragraph (1) shall 
        include--
                    (A) an agreement by the employer to abide by all 
                Federal, State, and local laws in the United States;
                    (B) information on the frequency and form of 
                payment, work duties, weekly work hours, holidays, sick 
                days, and vacation days; and
                    (C) an agreement by the employer not to withhold 
                the passport, employment contract, or other personal 
                property of the employee.
            (3) Training of consular officers.--The Secretary shall 
        provide appropriate training to consular officers on fair labor 
        standards in the United States, trafficking in persons, and the 
        provisions of this section.
            (4) Recordkeeping.--
                    (A) In general.--The Secretary shall maintain 
                records on the presence of A-3 and G-5 visa holders in 
                the United States, including--
                            (i) a copy of the employment contract of 
                        applicants for such visas;
                            (ii) information about when the visa holder 
                        entered and permanently exited the country 
                        place of residence;
                            (iii) the official title, contact 
                        information, and immunity level of the 
                        employer; and
                            (iv) information regarding any allegations 
                        of abuse received by the Department of State.
    (e) Protection From Removal During Legal Actions Against Former 
Employers.--
            (1) Remaining in the united states to seek legal redress.--
                    (A) In general.--
                            (i) Effect of complaint filing.--If an A-3 
                        or G-5 visa holder working in the United States 
                        files a complaint regarding a violation of any 
                        of the terms contained in the contract or 
                        violation of any other Federal, State, or local 
                        law in the United States governing the terms 
                        and conditions of employment of the visa 
                        holder, the Attorney General and the Secretary 
                        of Homeland Security shall permit the visa 
                        holder to remain legally in the United States 
                        for time sufficient to participate fully and 
                        effectively in all administrative and legal 
                        proceedings related to the complaint.
                            (ii) Failure to exercise due diligence.--If 
                        the Secretary of Homeland Security, after 
                        consultation with the Attorney General, 
                        determines that the A-3 or G-5 visa holder has 
                        failed to exercise due diligence in pursuing 
                        such action, the Secretary may revoke the order 
                        permitting the A-3 or G-5 visa holder to remain 
                        in the United States.
                    (B) Authorization to work.--The Attorney General 
                and the Secretary of Homeland Security shall authorize 
                visa holders described in subparagraph (A) to engage in 
                employment in the United States during the period the 
                visa holder is in the United States pursuant to 
                subparagraph (A).
    (f) Study and Report.--
            (1) Investigation report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, and every 2 years 
                thereafter for the following 10 years, the Secretary 
                shall submit a report to the appropriate congressional 
                committees on the implementation of this section.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                            (i) an assessment of the actions taken by 
                        the Department of State and the Department of 
                        Justice to investigate allegations of 
                        trafficking or abuse of A-3 and G-5 visa 
                        holders; and
                            (ii) the results of such investigations.
            (2) Feasibility of oversight of employees of diplomats and 
        representatives of other institutions report.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Secretary shall submit a report to the appropriate 
        congressional committees on the feasibility of--
                    (A) establishing a system to monitor the treatment 
                of A-3 and G-5 visa holders who have been admitted to 
                the United States;
                    (B) a range of compensation approaches, such as a 
                bond program, compensation fund, or insurance scheme, 
                to ensure that such visa holders receive appropriate 
                compensation if their employers violate the terms of 
                their employment contracts; and
                    (C) with respect to each proposed compensation 
                approach described in subparagraph (B), an evaluation 
                and proposal describing the proposed processes for--
                            (i) adjudicating claims of rights 
                        violations;
                            (ii) determining the level of compensation; 
                        and
                            (iii) administering the program, fund, or 
                        scheme.

SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
              APPLICATIONS FOR RELIEF.

    Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) 
is amended by adding at the end the following:
    ``(d)(1) If an application for nonimmigrant status under section 
101(a)(15)(T) filed for an alien in the United States sets forth a 
prima facie case for approval, the Secretary of Homeland Security may 
grant the alien a stay of removal or deportation until--
            ``(A) the application is approved; or
            ``(B) the application is denied, after the exhaustion of 
        administrative appeals.
    ``(2) Any appeal of the denial of a stay of removal or deportation 
under this subsection shall accompany any appeal of the underlying 
substantive petition or application for benefits.
    ``(3) During any period in which an alien is provided a stay of 
removal under this subsection, the alien may not be removed or 
deported.
    ``(4) Nothing in this subsection may be construed to limit 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. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE 
              UNITED STATES.

    (a) Expansion of Authority.--
            (1) In general.--Section 107(c)(3) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is 
        amended to read as follows:
            ``(3) Authority to permit continued presence in the united 
        states.--
                    ``(A) Trafficking victims.--
                            ``(i) In general.--If a Federal law 
                        enforcement official files an application that 
                        makes a prima facie showing that an alien may 
                        be a victim of a severe form of trafficking and 
                        may be a potential witness to such trafficking, 
                        the Secretary of Homeland Security may permit 
                        the alien to remain in the United States to 
                        facilitate the investigation and prosecution of 
                        those responsible for such crime.
                            ``(ii) Safety.--While investigating and 
                        prosecuting suspected traffickers, Federal law 
                        enforcement officials described in clause (i) 
                        shall make reasonable efforts to protect the 
                        safety of trafficking victims, including taking 
                        measures to protect trafficked persons and 
                        their family members from intimidation, threats 
                        of reprisals, and reprisals from traffickers 
                        and their associates.
                            ``(iii) Continuation of presence.--The 
                        Secretary shall permit an alien described in 
                        clause (i) who has filed a civil action under 
                        section 1595 of title 18, United States Code, 
                        to remain in the United States until such 
                        action is concluded. If the Secretary, in 
                        consultation with the Attorney General, 
                        determines that the alien has failed to 
                        exercise due diligence in pursuing such action, 
                        the Secretary may revoke the order permitting 
                        the alien to remain in the United States.
                    ``(B) Parole for relatives.--Law enforcement 
                officials may submit written requests to the Secretary 
                of Homeland Security, in accordance with section 
                240A(b)(6) of the Immigration and Nationality Act (8 
                U.S.C. 1229b(b)(b)), to permit the parole into the 
                United States of certain relatives of an alien 
                described in subparagraph (A)(i).
                    ``(C) State and local law enforcement.--The 
                Secretary of Homeland Security, in consultation with 
                the Attorney General, shall--
                            ``(i) develop materials to assist State and 
                        local law enforcement officials in working with 
                        Federal law enforcement to obtain continued 
                        presence for victims of a severe form of 
                        trafficking in cases investigated or prosecuted 
                        at the State or local level; and
                            ``(ii) distribute the materials developed 
                        under clause (i) to State and local law 
                        enforcement officials.''.
            (2) Effective date.--The amendment made by paragraph (1)--
                    (A) shall take effect on the date of the enactment 
                of this Act;
                    (B) 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; and
                    (C) may not be applied to an alien who is not 
                present in the United States.
    (b) Parole for Derivatives of Trafficking Victims.--Section 240A(b) 
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended 
by adding at the end the following:
            ``(6) Relatives of trafficking victims.--
                    ``(A) In general.--Upon written request by a law 
                enforcement official, the Secretary of Homeland 
                Security may parole under section 212(d)(5) any alien 
                who is a relative of an alien granted continued 
                presence under section 107(c)(3)(A) of the Trafficking 
                Victims Protection Act (22 U.S.C. 7105(c)(3)(A)), if 
                the relative--
                            ``(i) was, on the date on which law 
                        enforcement applied for such continued 
                        presence--
                                    ``(I) in the case of an alien 
                                granted continued presence who is under 
                                21 years of age, the spouse, child, 
                                parent, or unmarried sibling under 18 
                                years of age, of the alien; or
                                    ``(II) in the case of an alien 
                                granted continued presence who is 21 
                                years of age or older, the spouse or 
                                child of the alien; or
                            ``(ii) is a parent or sibling of the alien 
                        who the requesting law enforcement official 
                        determines to be in present danger of 
                        retaliation as a result of the alien's escape 
                        from the severe form of trafficking or 
                        cooperation with law enforcement, irrespective 
                        of age.
                    ``(B) Duration of parole.--
                            ``(i) In general.--The Secretary shall 
                        extend the parole granted under subparagraph 
                        (A) until the final adjudication of the 
                        application filed by the principal alien under 
                        section 101(a)(15)(T)(ii).
                            ``(ii) Other limits on duration.--If an 
                        application described in clause (i) is not 
                        filed, the parole granted under subparagraph 
                        (A) shall extend until the later of--
                                    ``(I) the date on which the 
                                principal alien's authority to remain 
                                in the United States under section 
                                107(c)(3)(A) of the Trafficking Victims 
                                Protection Act (22 U.S.C. 
                                7105(c)(3)(A)) is terminated; or
                                    ``(II) the date on which a civil 
                                action filed by the principal alien 
                                under section 1595 of title 18, United 
                                States Code, is concluded.
                            ``(iii) Due diligence.--Failure by the 
                        principal alien to exercise due diligence in 
                        filing a visa petition on behalf of an alien 
                        described in clause (i) or (ii) of subparagraph 
                        (A), or in pursuing the civil action described 
                        in clause (ii)(II) (as determined by the 
                        Secretary of Homeland Security in consultation 
                        with the Attorney General), may result in 
                        revocation of parole.
                    ``(C) Other limitations.--A relative may not be 
                granted parole under this paragraph if--
                            ``(i) the Secretary of Homeland Security or 
                        the Attorney General has reason to believe that 
                        the relative was knowingly complicit in the 
                        trafficking of an alien permitted to remain in 
                        the United States under section 107(c)(3)(A) of 
                        the Trafficking Victims Protection Act (22 
                        U.S.C. 7105(c)(3)(A)); or
                            ``(ii) the relative is an alien described 
                        in paragraph (2) or (3) of section 212(a) or 
                        paragraph (2) or (4) of section 237(a).''.

SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION 
              REAUTHORIZATION ACT OF 2005.

    (a) Rulemaking.--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) or (U) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T) and (U)).
    (b) Report.--If the interim regulations required under subsection 
(a) are not issued by the deadline set forth in subsection (a), the 
Secretary shall submit a report providing a detailed explanation of the 
reasons such regulations have not been issued to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on the Judiciary of the House of 
        Representatives.
    (c) Extension of Eligibility Until Issuance of Regulations.--
Section 214(o)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(o)(7)(B)) is amended--
            (1) by striking ``if a Federal'' and inserting ``if--
            ``(i) a Federal''; and
            (2) by striking the period at the end and inserting ``; 
        or''
            ``(ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because regulations 
        have not been issued to implement such section.''.

             Subtitle B--Assistance for Trafficking Victims

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.

    (a) In General.--Section 431(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is 
amended--
            (1) in paragraph (2)(B), by striking ``or'' at the end;
            (2) in paragraph (3)(B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) an alien for which a petition has been approved, or 
        is pending, 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) Effective Date.--The amendments made by subsection (a) shall 
apply to applications for public benefits and public benefits provided 
on or after the date of the enactment of this Act without regard to 
whether regulations have been implemented to carry out such amendments.

SEC. 212. INTERIM ASSISTANCE FOR CHILD VICTIMS OF TRAFFICKING.

    (a) In General.--Section 107(b)(1) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--
            (1) in subparagraph (E)--
                    (A) in clause (i)--
                            (i) in subclause (I), by inserting ``or is 
                        unlikely or unable to cooperate with such a 
                        request due to physical or psychological 
                        trauma'' before the semicolon; and
                            (ii) in subclause (II)(bb), by striking 
                        ``the Attorney General and''; and
                    (B) in clause (ii), by striking ``Attorney 
                General''; and
            (2) by adding at the end the following:
                    ``(F) Eligibility of interim assistance for child 
                victims.--
                            ``(i) Determination.--Upon receiving 
                        credible information that a person described in 
                        subparagraph (C)(ii)(I) who is seeking 
                        assistance under this paragraph has been 
                        subjected to a severe form of trafficking in 
                        persons, the Secretary of Health and Human 
                        Services shall promptly determine if the person 
                        is eligible for interim assistance under this 
                        paragraph. The Secretary shall have exclusive 
                        authority to make interim eligibility 
                        determinations under this clause.
                            ``(ii) Notification.--The Secretary of 
                        Health and Human Services shall notify the 
                        Attorney General and the Secretary of Homeland 
                        Security not later than 48 hours after all 
                        interim eligibility determinations have been 
                        made under clause (i) if there is evidence of 
                        an ongoing violation.
                            ``(iii) Duration.--Assistance under this 
                        paragraph may be provided to individuals 
                        determined to be eligible under clause (i) for 
                        a period of up to 90 days and may be extended 
                        for an additional 30 days.
                            ``(iv) Long-term assistance for child 
                        victims.--
                                    ``(I) Eligibility determination.--
                                Before the expiration of the period for 
                                interim assistance under clause (iii), 
                                the Secretary of Health and Human 
                                Services shall determine if the person 
                                referred to in clause (i) is eligible 
                                for assistance under this paragraph.
                                    ``(II) Consultation.--In making a 
                                determination, the Secretary must 
                                consult with the Attorney General, the 
                                Secretary of Homeland Security, and 
                                nongovernmental organizations with 
                                expertise on victims of severe form of 
                                trafficking.
                                    ``(III) Letter of eligibility.--If 
                                the Secretary, after receiving 
                                information the Secretary believes, 
                                taken as a whole, indicates that the 
                                person referred to in clause (i) was a 
                                victim of a severe form of human 
                                trafficking, the Secretary shall issue 
                                a letter confirming that the person is 
                                eligible for assistance under this 
                                paragraph. The Secretary may not 
                                require that the person meet with law 
                                enforcement as a condition for 
                                receiving such letter of eligibility.
                    ``(G)  Notification of child victims for interim 
                assistance.--
                            ``(i) Federal officials.--Not later than 24 
                        hours after a Federal official discovers that a 
                        person who is under 18 years of age may be a 
                        victim of a severe form of trafficking in 
                        persons, the official shall notify the 
                        Secretary of Health and Human Services to 
                        facilitate the provision of interim assistance 
                        under subparagraph (F).
                            ``(ii) State and local officials.--Not 
                        later than 48 hours after a State or local 
                        official discovers that a person who is under 
                        18 years of age may be a victim of trafficking 
                        in persons, the official shall notify the 
                        Secretary of Health and Human Services to 
                        facilitate the provision of interim assistance 
                        under subparagraph (F).''.
    (b) Training of Government Personnel.--Section 107(c)(4) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is 
amended to read as follows:
            ``(4) Training of government personnel.--
                    ``(A) Federal personnel.--Appropriate personnel of 
                the Department of State, the Department of Justice, the 
                Department of Homeland Security, and the Department of 
                Health and Human Services shall be trained to--
                            ``(i) identify victims of severe forms of 
                        trafficking, including juvenile victims; and
                            ``(ii) provide for the protection of such 
                        victims.
                    ``(B) State and local officials.--The Attorney 
                General and the Secretary of Heath and Human Services 
                shall provide education and guidance to State and local 
                officials regarding--
                            ``(i) the identification of aliens who are 
                        the victims of severe forms of trafficking, 
                        particularly child victims of trafficking; and
                            ``(ii) the requirements of subsection 
                        (b)(1)(G)(ii).''.

SEC. 213. 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 inserting 
        after subsection (e) the following:
    ``(f) Assistance for United States Citizens and Lawful Permanent 
Residents.--
            ``(1) In general.--The Secretary of Health and Human 
        Services and the Attorney General, in consultation with the 
        Secretary of Labor, shall establish a program to assist United 
        States citizens and aliens lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims of 
        severe forms of trafficking. In determining the assistance that 
        would be most beneficial for such victims, the Secretary and 
        the Attorney General shall consult with nongovernmental 
        organizations that provide services to victims of severe forms 
        of trafficking in the United States.
            ``(2) Use of existing programs.--In addition to specialized 
        services required for victims described in paragraph (1), the 
        program established pursuant to paragraph (1) shall--
                    ``(A) facilitate communication and coordination 
                between the providers of assistance to such victims;
                    ``(B) provide a means to identify such providers; 
                and
                    ``(C) provide a means to make referrals to programs 
                for which such victims are already eligible, including 
                programs administered by the Department of Justice and 
                the Department of Health and Human Services.
            ``(3) Grants.--
                    ``(A) In general.--The Secretary of Health and 
                Human Services and the Attorney General may award 
                grants to States, Indian tribes, units of local 
                government, and nonprofit, nongovernmental victim 
                service organizations to develop, expand, and 
                strengthen victim service programs authorized under 
                this subsection.
                    ``(B) Maximum federal share.--The Federal share of 
                a grant awarded under this paragraph may not exceed 75 
                percent of the total costs of the projects described in 
                the application submitted by the grantee.''.
            (2) Authorization of appropriations.--Section 113 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking ``To carry out'' and 
                        inserting the following:
            ``(1) Eligibility for benefits and assistance.--To carry 
        out''; and
                            (ii) by adding at the end the following:
            ``(2) Additional benefits for trafficking victims.--To 
        carry out the purposes of section 107(f), there are authorized 
        to be appropriated to the Secretary of Health and Human 
        Services--
                    ``(A) $2,500,000 for fiscal year 2008;
                    ``(B) $5,000,0000 for fiscal year 2009;
                    ``(C) $10,000,000 for fiscal year 2010; and
                    ``(D) $15,000,000 for fiscal year 2011.''; and
                    (B) in subsection (d)--
                            (i) by striking ``To carry out the purposes 
                        of section 107(b)'' and inserting the 
                        following:
                    ``(A) Eligibility for benefits and assistance.--To 
                carry out the purposes of section 107(b)'';
                            (ii) by striking ``To carry out the 
                        purposes of section 134'' and inserting the 
                        following:
                    ``(B) Assistance to foreign countries.--To carry 
                out the purposes of section 134''; and
                            (iii) by adding at the end the following:
                    ``(C) Additional benefits for trafficking 
                victims.--To carry out the purposes of section 107(f), 
                there are authorized to be appropriated to the Attorney 
                General--
                            ``(i) $2,500,000 for fiscal year 2008;
                            ``(ii) $5,000,0000 for fiscal year 2009;
                            ``(iii) $10,000,000 for fiscal year 2010; 
                        and
                            ``(iv) $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) 5 percent for training and technical 
                        assistance, including increasing capacity and 
                        expertise on security for and protection of 
                        service providers from intimidation or 
                        retaliation for their activities.''.
    (b) Study.--
            (1) Requirement.--Not later than 1 year after the date of 
        the enactment of this Act, the Attorney General and the 
        Secretary of Health and Human Services shall submit a report to 
        the appropriate congressional committees that identifies the 
        existence 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 (22 U.S.C. 
        7102)).
            (2) Elements.--In carrying out the study under subparagraph 
        (1), the Attorney General and the Secretary of Health and Human 
        Services shall--
                    (A) investigate factors relating to the legal 
                ability of 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;
                    (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, if any, based on the study of the 
                elements described in subparagraphs (A) through (D) and 
                any other related information.

       Subtitle C--Penalties Against Traffickers and Other Crimes

SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF CIVIL ACTION.

    Chapter 77 of title 18, United States Code, is amended--
            (1) in section 1593(b), by adding at the end the following:
    ``(4) The 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) in section 1594--
                    (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--
            ``(A) an offense under this chapter that results in 
        forfeiture under this section; or
            ``(B) an offense under any other statute that explicitly 
        authorizes restoration or remission of forfeited property.
    ``(4) In a prosecution brought under 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 (22 U.S.C. 7102)), in 
accordance with section 1593(b)(4).''; and
            (3) in section 1595--
                    (A) in subsection (a)--
                            (i) by striking ``of section 1589, 1590, or 
                        1591''; and
                            (ii) 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''; and
                    (B) by adding at the end the following:
    ``(c) No action may be maintained under this section unless it is 
commenced not later than 10 years after the cause of action arose.''.

SEC. 222. ENHANCING TRAFFICKING OFFENSES.

    (a) Detention.--Section 3142(e) of title 18, United States Code, is 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1)'' before ``If, after a hearing'';
            (3) by inserting ``(2)'' before ``In a case'';
            (4) by inserting ``(3)'' before ``Subject to rebuttal'';
            (5) by striking ``paragraph (1) of this subsection'' each 
        place it appears and inserting ``subparagraph (A)'';
            (6) in paragraph (3), as redesignated--
                    (A) by striking ``committed an offense'' and 
                inserting the following: ``committed--
            ``(A) an offense'';
                    (B) by striking ``46, an offense'' and inserting 
                the following: ``46;
            ``(B) an offense'';
                    (C) by striking ``title, or an offense'' and 
                inserting the following: ``title;
            ``(C) an offense''; and
                    (D) by striking ``prescribed or an offense'' and 
                inserting the following: ``prescribed;
            ``(D) an offense under chapter 77 of this title for which a 
        maximum term of imprisonment of 20 years or more is prescribed; 
        or
            ``(E) an offense''.
    (b) Preventing Obstruction.--
            (1) Enticement into slavery.--Section 1583 of title 18, 
        United States Code, is amended to read as follows:
``Sec. 1583. Enticement into slavery
    ``(a) Any person who--
            ``(1) kidnaps or carries away any other person, with the 
        intent that such other person be sold into involuntary 
        servitude, or held as a slave;
            ``(2) entices, persuades, or induces any other person to go 
        on board any vessel or to any other place with the intent that 
        he may be made or held as a slave, or sent out of the country 
        to be so made or held; or
            ``(3) obstructs, or attempts to obstruct, or in any way 
        interferes with or prevents the enforcement of this section,
shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Any person who violates this section shall be fined under 
this title, imprisoned for any term of years or for life, or both if--
            ``(1) the violation results in the death of the victim; or
            ``(2) the violation includes kidnapping, an attempt to 
        kidnap, aggravated sexual abuse, an attempt to commit 
        aggravated sexual abuse, or an attempt to kill.''.
            (2) Sale into involuntary servitude.--Section 1584 of such 
        title is amended--
                    (A) by inserting ``(a)'' before ``Whoever''; and
                    (B) by adding at the end the following:
    ``(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties under subsection (a).''.
            (3) Trafficking.--Section 1590 of such title is amended--
                    (A) by inserting ``(a)'' before ``Whoever''; and
                    (B) by adding at the end the following:
    ``(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties under subsection (a).''.
            (4) Sex trafficking of children.--Section 1591 of such 
        title is amended--
                    (A) in subsection (a), by striking ``that force, 
                fraud, or coercion described in subsection (c)(2)'' and 
                inserting ``, or in reckless disregard of the fact, 
                that means of force, threats of force, fraud, coercion 
                described in subsection (c)(2), or any combination of 
                such means'';
                    (B) in subsection (b)(1), by striking ``force, 
                fraud, or coercion'' and inserting ``means of force, 
                threats of force, fraud, coercion, or any combination 
                of such means,'';
                    (C) by redesignating subsection (c) as subsection 
                (d);
                    (D) by inserting after subsection (b) the 
                following:
    ``(c) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties under subsection (b).''; and
                    (E) in subsection (d), as redesignated--
                            (i) by redesignating paragraph (3) as 
                        paragraph (5);
                            (ii) by redesignating paragraph (1) as 
                        paragraph (3);
                            (iii) by inserting before paragraph (2) the 
                        following:
            ``(1) The term `abuse or threatened abuse of law or legal 
        process' means the use or threatened use of a law or legal 
        process, whether civil or criminal, against another person 
        primarily to accomplish a purpose for which the law was not 
        designed, in order to exert pressure on another person to cause 
        that person to take some action or refrain from taking some 
        action.''; and
                            (iv) by inserting after paragraph (3), as 
                        redesignated, the following:
            ``(4) The term `serious harm' means any harm, whether 
        physical or nonphysical, that is sufficiently serious, under 
        all the surrounding circumstances, to compel a reasonable 
        person of the same background and in the same circumstances to 
        perform or to continue performing labor or services in order to 
        avoid incurring that harm.''.
            (5) Unlawful conduct.--Section 1592 of such title is 
        amended by adding at the end the following:
    ``(c) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties under subsection (a).''.
    (c) Holding Conspirators Accountable.--Section 1594 of title 18, 
United States Code, is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e) respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever conspires with another to violate section 1581, 1583, 
1589, 1590, 1591, or 1592 shall be punished in the same manner as a 
completed violation of that section.''.
    (d) Punishing Financial Gain From Trafficked Labor.--Section 1589 
of title 18, United States Code, is amended to read as follows:

``SEC. 1589. FORCED LABOR.

    ``(a) Whoever knowingly provides or obtains the labor or services 
of a person by any one of, or by any combination of, the following 
means--
            ``(1) by means of force, threats of force, physical 
        restraint, or threats of physical restraint to that person or 
        another person;
            ``(2) by means of serious harm or threats of serious harm 
        to that person or another person;
            ``(3) by means of the abuse or threatened abuse of law or 
        legal process; or
            ``(4) by means of any scheme, plan, or pattern intended to 
        cause the person to believe that, if that person did not 
        perform such labor or services, that person or another person 
        would suffer serious harm or physical restraint,
shall be punished as provided under subsection (d).
    ``(b) Whoever knowingly benefits, financially or by receiving 
anything of value, from participation in a venture, which has engaged 
in the providing or obtaining of labor or services by any of the means 
described in subsection (a), knowing or in reckless disregard of the 
fact that the venture has engaged in the providing or obtaining of 
labor or services by any of such means, shall be punished as provided 
in subsection (d).
    ``(c) In this section:
            ``(1) The term `abuse or threatened abuse of law or legal 
        process' means the use or threatened use of a law or legal 
        process, whether civil or criminal, against another person 
        primarily to accomplish a purpose for which the law was not 
        designed, in order to exert pressure on another person to cause 
        that person to take some action or refrain from taking some 
        action.
            ``(2) The term `serious harm' means any harm, whether 
        physical or nonphysical, that is sufficiently serious, under 
        all the surrounding circumstances, to compel a reasonable 
        person of the same background and in the same circumstances to 
        perform or to continue performing labor or services in order to 
        avoid incurring that harm.
    ``(d) Any person who violates this section shall be fined under 
this title, imprisoned not more than 20 years, or both. If death 
results from a violation of this section, or if the violation includes 
kidnapping, an attempt to kidnap, aggravated sexual abuse, or an 
attempt to kill, the defendant shall be fined under this title, 
imprisoned for any term of years, or both.''.
    (e) Benefitting From Financial Gain in Peonage, Slavery, and 
Trafficking in Persons.--
            (1) In general.--Chapter 77 of title 18, United States 
        Code, is amended--
                    (A) by redesignating sections 1593, 1594, and 1595 
                as sections 1594, 1595, and 1596, respectively; and
                    (B) by inserting after section 1592 the following:
``Sec. 1593. Benefitting from financial gain in peonage, slavery, and 
              trafficking in persons
    ``Whoever knowingly benefits, financially or by receiving anything 
of value, from participation in a venture which has engaged in any act 
in violation of section 1581(a), 1592, or 1595(a), knowing or in 
reckless disregard of the fact that the venture has engaged in such 
violation, shall be fined under this title in the same manner as a 
completed violation of such section.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of such chapter is amended by striking the items 
        relating to sections 1593, 1594, and 1595, and inserting the 
        following:

``Sec. 1593. Benefitting from financial gain in peonage, slavery, and 
                            trafficking in persons.
``Sec. 1594. Mandatory restitution.
``Sec. 1595. General provisions.
``Sec. 1596. Civil remedy.''.
    (f) Tightening Immigration Prohibitions.--
            (1) Ground of inadmissibility for trafficking.--Section 
        212(a)(2)(H)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``who is listed 
        in a report submitted pursuant to section 111(b) of the 
        Trafficking Victims Protection Act of 2000'' and inserting 
        ``who commits or conspires to commit human trafficking offenses 
        in the United States or outside the United States''.
            (2) Ground of removability.--Section 237(a)(2) of such Act 
        (8 U.S.C. 1227(a)(2)) is amended by adding at the end the 
        following:
                    ``(F) Trafficking.--Any alien described in section 
                212(a)(2)(H) is deportable.''.
    (g) Sex Tourism.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2429. Sex tourism
    ``Whoever, for the purpose of commercial advantage or private 
financial gain, arranges, induces, or procures the travel of a person 
in foreign commerce for the purpose of engaging in any commercial sex 
act for which any person can be charged with an offense in the 
jurisdiction in which the commercial sex act occurs, or attempts such 
conduct, shall be fined under this title, imprisoned not more than 10 
years, or both.''.

SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

    (a) In General.--Chapter 77 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
    ``(a) In General.--In addition to any domestic or extra-territorial 
jurisdiction otherwise provided by law, the courts of the United States 
have extra-territorial jurisdiction over any offense (or any attempt or 
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 2429 if--
            ``(1) an alleged offender is a national of the United 
        States or an alien lawfully admitted for permanent residence 
        (as those terms are defined in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101)); or
            ``(2) an alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender.
    ``(b) Limitation on Prosecutions of Offenses Prosecuted in Other 
Countries.--No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such 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. 224. SEX TOURISM AND REMOVAL OF SEX OFFENDERS.

    (a) In General.--The Attorney General shall notify--
            (1) the Secretary of State in a timely manner regarding any 
        conviction of an individual of a violation of section 2423 of 
        title 18, United States Code, for appropriate action under 
        subsection (b); and
            (2) the Secretary of Homeland Security in a timely manner 
        regarding any conviction of an alien of a sex offense for 
        appropriate action under subsection (c).
    (b) Authority To Restrict Passport.--
            (1) Ineligibility for passport.--
                    (A) In general.--The Secretary of State shall not 
                issue a passport to an individual who is convicted of a 
                Federal sex offense during the covered period if the 
                individual used a passport or otherwise crossed an 
                international border in committing the Federal sex 
                offense.
                    (B) Passport revocation.--The Secretary of State 
                shall revoke a passport issued to an individual 
                described in subparagraph (A) before the date on which 
                the individual was convicted of the applicable Federal 
                sex offense.
            (2) Emergency and humanitarian exceptions.--Notwithstanding 
        paragraph (1), the Secretary of State may issue a passport, in 
        emergency circumstances or for humanitarian reasons, to an 
        individual described in paragraph (1)(A).
            (3) Definitions.--In this subsection--
                    (A) the term ``covered period'' means the period 
                beginning on the date on which an individual is 
                convicted of a Federal sex offense and ending on the 
                latter of--
                            (i) the date on which the individual is 
                        released from a sentence of imprisonment 
                        relating to the Federal sex offense; and
                            (ii) the end of a period of parole or other 
                        supervised release of the covered individual 
                        relating to the Federal sex offense;
                    (B) the term ``Federal sex offense'' means a felony 
                violation of section 2423 of title 18, United States 
                Code; and
                    (C) the term ``imprisoned'' means being confined in 
                or otherwise restricted to a jail, prison, half-way 
                house, treatment facility, or another institution, on a 
                full or part-time basis, pursuant to the sentence 
                imposed as the result of a criminal conviction.
    (c) Removal of Aliens.--The Secretary of Homeland Security shall 
place an alien convicted of a sex offense in removal proceedings under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (d) Grounds of Inadmissibility and Removability.--
            (1) In general.--Section 212(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
        the end the following:
                    ``(J) Sexual abuse of a minor.--
                            ``(i) In general.--An alien who is 
                        convicted of sexual abuse of a minor is 
                        inadmissible.
                            ``(ii) Sex offenses.--For purposes of this 
                        subparagraph, an alien who has been convicted 
                        of a sex offense (as that term is defined in 
                        section 111 of the Adam Walsh Child Protection 
                        and Safety Act of 2006 (42 U.S.C. 16911)) shall 
                        be considered to have been convicted of sexual 
                        abuse of a minor. An alien convicted of a sex 
                        offense shall be ineligible for any 
                        discretionary relief under this Act.''.
            (2) Deportable aliens.--Section 237(a)(2)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii)) 
        is amended by adding at the end the following ``For purposes of 
        this clause, an alien who has been convicted of a sex offense 
        (as that term is defined in section 111 of the Adam Walsh Child 
        Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be 
        considered to have been convicted of sexual abuse of a 
        minor.''.
    (e) Definition of Sex Offense.--In this section, the term ``sex 
offense'' has the meaning given that term in section 111 of the Adam 
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).

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

SEC. 232. DEFENSE CONTRACT AUDIT AGENCY AUDIT.

    (a) Audit.--The Defense Contract Audit Agency shall conduct an 
audit of all contractors and subcontractors of the Department of 
Defense implementing contracts abroad where there is substantial 
evidence to suggest trafficking in persons, including--
            (1) confiscation of passports;
            (2) restriction on mobility;
            (3) abrupt or evasive repatriation,
            (4) deception of work destination; or
            (5) forced labor.
    (b) Congressional Notification.--
            (1) In general.--Not later than 90 days after the 
        completion of each audit under subsection (a), the Secretary of 
        Defense shall--
                    (A) notify the congressional committees listed in 
                paragraph (2) of the findings of the audit; and
                    (B) certify that the contractor or subcontractor 
                has not engaged in, or is no longer engaged in, the 
                activities described in subsection (a).
            (2) Congressional committees.--The committees list in this 
        paragraph are--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.

SEC. 233. SENIOR POLICY OPERATING GROUP.

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

SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

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

SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

    (a) Combating Child Trafficking at the Border and Ports of Entry of 
the United States.--
            (1) Policies and procedures.--In order to enhance the 
        efforts of the United States to prevent trafficking in persons, 
        the Secretary of Homeland Security, in conjunction with the 
        Secretary of State, the Attorney General, and the Secretary of 
        Health and Human Services, shall develop policies and 
        procedures to ensure that unaccompanied alien children in the 
        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;
                            (iii) there is no credible evidence that 
                        the return of such child to the child's country 
                        of nationality or of last habitual residence 
                        would endanger the life or safety of such 
                        child; and
                            (iv) 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.) shall--
                            (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) Assessment of country conditions.--The 
                Secretary of Homeland Security shall consult the State 
                Department's Country Reports on Human Rights Practices 
                and the Trafficking in Persons Report in assessing 
                whether to repatriate an unaccompanied alien child to a 
                particular country. Such assessment shall consider 
                whether there is reasonable risk that repatriation of 
                an unaccompanied alien child would threaten the life or 
                safety of the child.
                    (C) Report on repatriation of unaccompanied alien 
                children.--Not later than 18 months after the date of 
                the enactment of this Act, and annually thereafter, the 
                Secretary of 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;
                            (v) any information gathered in assessments 
                        of country and local conditions pursuant to 
                        paragraph (2); and
                            (vi) statistical information and other data 
                        on unaccompanied alien children as provided for 
                        in section 462(b)(1)(J) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
                    (D) Placement in removal proceedings.--Any 
                unaccompanied alien child sought to be removed by the 
                Department of Homeland Security, except for an 
                unaccompanied alien child from a contiguous country 
                subject to exceptions under subsection (a)(2), shall be 
                placed in removal proceedings under section 240 of the 
                Immigration and Nationality Act (8 U.S.C. 1229a) and 
                shall be safely repatriated pursuant to 240B of such 
                Act (8 U.S.C. 1229c).
    (b) Combating Child Trafficking and Exploitation in the United 
States.--
            (1) Care and custody of unaccompanied alien children.--
        Consistent with section 462 of the Homeland Security Act of 
        2002 (6 U.S.C. 279), and except as otherwise provided under 
        subsection (a), the care and custody of all unaccompanied alien 
        children, including responsibility for their detention, where 
        appropriate, shall be the responsibility of the Secretary of 
        Health and Human Services.
            (2) Notification.--Each department or agency of the Federal 
        Government shall notify the Department of Health and Human 
        services within 48 hours upon--
                    (A) the apprehension or discovery of an 
                unaccompanied alien child; or
                    (B) any claim or suspicion that an alien in the 
                custody of such department or agency is under 18 years 
                of age.
            (3) Transfers of unaccompanied alien children.--Except in 
        the case of exceptional circumstances, any department or agency 
        of the Federal Government that has an unaccompanied alien child 
        in custody shall transfer the custody of such child to the 
        Secretary of Health and Human Services not later than 72 hours 
        after determining that such child is an unaccompanied alien 
        child.
            (4) Age determinations.--
                    (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.
    (c) Providing Safe and Secure Placements for Children.--
            (1) Policies and programs.--The Secretary of Health and 
        Human Services, Secretary of Homeland Security, Attorney 
        General, and Secretary of State shall establish policies and 
        programs to ensure that unaccompanied alien children in the 
        United States are protected from traffickers and other persons 
        seeking to victimize or otherwise engage such children in 
        criminal, harmful, or exploitative activity, including policies 
        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. Placement of child trafficking victims may 
        include placement in an Unaccompanied Refugee Minor program, 
        pursuant to section 501(a) of the Refugee Education Assistance 
        Act of 1980 (8 U.S.C. 1522 note), if a suitable family member 
        is not available to provide care. A child shall not be placed 
        in a secure facility absent an independent finding that the 
        child poses a danger to self or others.
            (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 or 
                a child whose proposed sponsor clearly presents a risk 
                of abuse, maltreatment, exploitation, or trafficking to 
                the child based on all available objective evidence. 
                The Secretary of Health and Human Services shall 
                conduct follow-up services, during the pendency of 
                removal proceedings, on children and custodians for 
                whom a home study was conducted and is authorized to 
                conduct follow-up services in cases involving children 
                with mental health or other needs who could benefit 
                from ongoing assistance from a social welfare agency.
                    (C) Access to information.--Not later than 2 weeks 
                after receiving a request from the Secretary of Health 
                and Human Services, the Secretary of Homeland Security 
                shall provide information necessary to conduct 
                suitability 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. 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, that 
        all unaccompanied alien children who are or have been in the 
        custody of the Secretary or the Secretary of Homeland Security, 
        and who are not described in subsection (a)(2)(A), have 
        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. Consistent with 
        section 292 of the Immigration and Nationality Act (8 U.S.C. 
        1362), nothing in this Act may be construed to require the 
        Government of the United States to pay for counsel to any 
        unaccompanied alien child.
            (6) Child advocates.--The Secretary of Health and Human 
        Services is authorized to appoint independent child advocates 
        for child trafficking victims and other vulnerable 
        unaccompanied alien children. A child advocate shall be 
        provided access to materials necessary to effectively advocate 
        for the best interest of the child. The child advocate shall 
        not be compelled to testify or provide evidence in any 
        proceeding concerning any information or opinion received from 
        the child in the course of serving as a child advocate. The 
        child advocate shall be presumed to be acting in good faith and 
        be immune from civil and criminal liability for lawful conduct 
        of duties as described in this provision.
            (7) Confidentiality.--The Secretary of Health and Human 
        Services shall maintain the privacy and confidentiality of all 
        information gathered in the course of the care, custody, and 
        placement of unaccompanied alien children, consistent with its 
        role and responsibilities under the Homeland Security Act of 
        2002 to act as guardian in loco parentis in the best interest 
        of the unaccompanied alien child, by not disclosing such 
        information to other government agencies or nonparental third 
        parties. The Secretary shall provide information to a duly 
        recognized law enforcement entity in connection with a 
        prosecution or investigation of an offense described in 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), when such information is 
        requested in writing by such entity.
    (d) Permanent Protection for Certain At-Risk Children.--
            (1) In general.--Section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
                    (A) in clause (i), by striking ``State and who has 
                been deemed eligible by that court for long-term foster 
                care due to abuse, neglect, or abandonment;'' and 
                inserting ``State, or an individual or entity appointed 
                by a State or juvenile court located in the United 
                States, and whose reunification with 1 or both of the 
                immigrant's parents is not viable due to abuse, 
                neglect, abandonment, or a similar basis found under 
                State law;''; and
                    (B) in clause (iii)--
                            (i) in the matter preceding subclause (I), 
                        by striking ``the Attorney General expressly 
                        consents to the dependency order serving as a 
                        precondition to the grant of special immigrant 
                        juvenile status;'' and inserting ``the 
                        Secretary of Homeland Security consents to the 
                        grant of special immigrant juvenile status,''; 
                        and
                            (ii) in subclause (I), by striking ``in the 
                        actual or constructive custody of the Attorney 
                        General unless the Attorney General 
                        specifically consents to such jurisdiction;'' 
                        and inserting ``in the custody of the Secretary 
                        of Health and Human Services unless the 
                        Secretary of Health and Human Services 
                        specifically consents to such jurisdiction;''.
            (2) Expeditious adjudication.--All applications for special 
        immigrant status under section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be 
        adjudicated by the Secretary of Homeland Security not later 
        than 180 days after the date on which the application is filed.
            (3) Adjustment of status.--Section 245(h)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
        amended to read as follows:
                    ``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
                (6)(D), (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) 
                shall not apply; and''.
            (4) Eligibility for assistance.--
                    (A) In general.--A child who has been granted 
                special immigrant status under section 101(a)(27)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)) and who was either in the custody of 
                the Secretary of Health and Human Services at the time 
                a dependency order was granted for such child or who 
                was receiving services pursuant to section 501(a) of 
                the Refugee Education Assistance Act of 1980 (8 U.S.C. 
                1522 note) at the time such dependency order was 
                granted, shall be eligible for placement and services 
                under section 412(d) of the Immigration and Nationality 
                Act (8 U.S.C. 1522(d)) until the earlier of--
                            (i) the date on which the child reaches the 
                        age designated in section 412(d)(2)(B) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1522(d)(2)(B)); or
                            (ii) the date on which the child is placed 
                        in a permanent adoptive home.
                    (B) State reimbursement.--If State foster care 
                funds are expended on behalf of a child who is not 
                described in subparagraph (A) and has been granted 
                special immigrant status under section 101(a)(27)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)), the Federal Government shall reimburse 
                the State in which the child resides for such 
                expenditures by the State.
            (5) State courts acting in loco parentis.--A department or 
        agency of a State, or an individual or entity appointed by a 
        State court or juvenile court located in the United States, 
        acting in loco parentis, shall not be considered a legal 
        guardian for purposes of this section or section 462 of the 
        Homeland Security Act of 2002 (6 U.S.C. 279).
            (6) Transition rule.--Notwithstanding any other provision 
        of law, an alien described in section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
        amended by paragraph (1), may not be denied special immigrant 
        status under such section after the date of the enactment of 
        this Act based on age if the alien was a child on the date on 
        which the alien applied for such status.
            (7) Access to asylum protections.--Section 208 of the 
        Immigration and Nationality Act (8 U.S.C. 1158) is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child (as 
                defined in section 462(g) of the Homeland Security Act 
                of 2002 (6 U.S.C. 279(g))).''; and
                    (B) in subsection (b)(3), by adding at the end the 
                following:
                    ``(C) Initial jurisdiction.--An asylum officer (as 
                defined in section 235(b)(1)(E)) shall have initial 
                jurisdiction over any asylum application filed by an 
                unaccompanied alien child (as defined in section 462(g) 
                of the Homeland Security Act of 2002 (6 U.S.C. 
                279(g))), regardless of whether filed in accordance 
                with this section or section 235(b).''.
            (8) Specialized needs of 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.
    (e) Training.--The Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services, and the Attorney 
General shall provide specialized training to all Federal personnel, 
and upon request, state and local personnel, who 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 (a)(2).
    (f) Amendments to the Homeland Security Act of 2002.--
            (1) Additional responsibilities.--Section 462(b)(1)(L) of 
        the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is 
        amended by striking the period at the end and inserting ``, 
        including regular follow-up visits to such facilities, 
        placements, and other entities, to assess the continued 
        suitability of such placements.''.
            (2) Technical corrections.--Section 462(b) of such Act (6 
        U.S.C. 279(b)) is further amended--
                    (A) in paragraph (3), by striking ``paragraph 
                (1)(G),'' and inserting ``paragraph (1),''; and
                    (B) by adding at the end the following:
            ``(4) Rule of construction.--Nothing in paragraph (2)(B) 
        may be construed to require that a bond be posted for an 
        unaccompanied alien child who is released to a qualified 
        sponsor.''.
    (g) Definition of Unaccompanied Alien Child.--For purposes of this 
section, the term ``unaccompanied alien child'' has the meaning given 
such term in section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)).
    (h) Effective Date.--This section shall--
            (1) take effect on the date that is 90 days after the date 
        of the enactment of this Act; and
            (2) apply to all aliens in the United States, pending 
        proceedings before the Executive Office for Immigration Review 
        or related administrative or Federal appeals on or after the 
        date of the enactment of this Act.
    (i) Grants and Contracts.--The Secretary of Health and Human 
Services may award grants to, and enter into contracts with, voluntary 
agencies to carry out this section and section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279).

SEC. 236. 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 the fee or surcharge assessed under section 140(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 8 U.S.C. 1351 note) for processing machine-readable 
nonimmigrant visas and machine-readable combined border crossing 
identification cards and nonimmigrant visas.
    (b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 8 U.S.C. 1351 note), the additional amount collected 
pursuant the fee increase under subsection (a) shall be deposited in 
the Treasury.
    (c) Duration of Increase.--The fee increase authorized under 
subsection (a) shall terminate on the date that is 2 years after the 
first date on which such increased fee is collected.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

    Section 113 of the Trafficking Victims Protection Act of 2000, as 
amended by section 213(a)(2), is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``section 104, and''; and
                            (ii) by striking ``$1,500,000'' and all 
                        that follows through ``$5,500,000 for each of 
                        the fiscal years 2006 and 2007'' and inserting 
                        ``$5,500,000 for each of the fiscal years 2008 
                        through 2011''; and
                    (B) in the second sentence--
                            (i) by striking ``for official reception 
                        and representation expenses $3,000'' and 
                        inserting ``$1,500,000 for additional personnel 
                        for each of the fiscal years 2008 through 2011, 
                        and $3,000 for official reception and 
                        representation expenses''; and
                            (ii) by striking ``2006 and 2007'' and 
                        inserting ``2008 through 2011'';
            (2) in subsection (b)(1), by striking ``$5,000,000'' and 
        all that follows and inserting ``$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''; and
                            (ii) in subparagraph (B), by adding at the 
                        end the following: ``To carry out the purposes 
                        of section 107(a)(1)(F), there are authorized 
                        to be appropriated to the Secretary of State 
                        $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.'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph 
                (2); and
                    (D) in paragraph (2), as redesignated--
                            (i) by striking ``section 104'' and 
                        inserting ``sections 116(f) and 502B(h) of the 
                        Foreign Assistance Act of 1961 (22 U.S.C. 
                        2151n(f) and 2304(h))''; and
                            (ii) by striking ``, including the 
                        preparation'' and all that follows and 
                        inserting a period;
            (4) in subsection (d)--
                    (A) in the first sentence, by striking 
                ``$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 and inserting ``$15,000,000 for 
                each of the fiscal years 2008 through 2011.'';
                    (B) in paragraph (2)--
                            (i) by striking ``section 109'' and 
                        inserting ``section 134 of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2152d)''; and
                            (ii) by striking ``$5,000,000'' and all 
                        that follows and inserting ``$15,000,000 for 
                        each of the fiscal years 2008 through 2011.''; 
                        and
                    (C) in paragraph (3), by striking ``$300,000'' and 
                all that follows and inserting ``$3,000,000 for each of 
                the fiscal years 2008 through 2011.'';
            (6) in subsection (f), by striking ``$5,000,000'' and all 
        that follows and inserting ``$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 for each 
        of the fiscal years 2006 and 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 section 102(b)(7), by striking ``2006 and 2007'' and 
        inserting ``2008 through 2011'';
            (2) in section 201(c)--
                    (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 ``2006 and 2007'' 
                and inserting ``2008 through 2011'';
            (3) in section 202(d), by striking ``$10,000,000 for each 
        of the fiscal years 2006 and 2007'' and inserting ``$15,000,000 
        for each of the fiscal years 2008 through 2011'';
            (4) in section 203(g), by striking ``2006 and 2007'' and 
        inserting ``2008 through 2011''; and
            (5) in section 204(d), by striking ``2006 and 2007'' and 
        inserting ``2008 through 2011''.

SEC. 303. RULE OF CONSTRUCTION.

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

SEC. 304. TECHNICAL AMENDMENTS.

    (a) Trafficking Victims Protection Act of 2000.--Sections 103(1) 
and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102(1) and 7103(d)(7)) are 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--CHILD SOLDIERS PREVENTION AND ACCOUNTABILITY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Child Soldiers Prevention and 
Accountability Act of 2008''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Child soldier.--Consistent with the provisions of the 
        Optional Protocol to the Convention of the Rights of the Child, 
        the term ``child soldier''--
                    (A) means--
                            (i) any person under 18 years of age who 
                        takes a direct part in hostilities as a member 
                        of governmental armed forces;
                            (ii) any person under 18 years of age who 
                        has been compulsorily recruited into 
                        governmental armed forces;
                            (iii) any person under 16 years of age who 
                        has been voluntarily recruited into 
                        governmental armed forces; or
                            (iv) any person under 18 years of age who 
                        has been recruited or used in hostilities by 
                        armed forces distinct from the armed forces of 
                        a state; and
                    (B) includes any person described in clauses (ii), 
                (iii), or (iv) of subparagraph (A) who is serving in 
                any capacity, including in a support role such as a 
                cook, porter, messenger, medic, guard, or sex slave.

SEC. 403. PROHIBITION.

    (a) In General.--Subject to subsections (c), (d), and (e), none of 
the funds appropriated or otherwise made available for international 
military education and training, foreign military financing, or the 
transfer of excess defense articles under section 116 or 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the 
Arms Export Control Act (22 U.S.C. 2751), the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161) or under any other Act making 
appropriations for foreign operations, export financing, and related 
programs may be obligated or otherwise made available, and no licenses 
for direct commercial sales of military equipment may be issued to the 
government of a country that is clearly identified, in the Department 
of State's Country Report on Human Rights Practices for the most recent 
year preceding the fiscal year in which the appropriated funds, 
transfer, or license, would have been used or issued in the absence of 
a violation of this title, as having governmental armed forces or 
government-supported armed groups, including paramilitaries, militias, 
or civil defense forces, that recruit and use child soldiers.
    (b) Notification to Countries in Violation of Standards.--The 
Secretary of State shall formally notify any government identified 
pursuant to subsection (a).
    (c) National Interest Waiver.--
            (1) Waiver.--The President may waive the application to a 
        country of the prohibition in subsection (a) if the President 
        determines that such waiver is in the national interest of the 
        United States.
            (2) Publication and notification.--Not later than 45 days 
        after each waiver is granted under paragraph (1), the President 
        shall publish such waiver in the Federal Register with the 
        justification for granting such waiver.
    (d) Reinstatement of Assistance.--The President may provide to a 
country assistance otherwise prohibited under subsection (a) upon 
certifying to the appropriate congressional committees that the 
government of such country--
            (1) has implemented measures that include an action plan 
        and actual steps to come into compliance with the standards 
        outlined in section 404(b); and
            (2) has implemented policies and mechanisms to prohibit and 
        prevent future government or government-supported use of child 
        soldiers and to ensure that no children are recruited, 
        conscripted, or otherwise compelled to serve as child soldiers.
    (e) Exception for Programs Directly Related To Addressing the 
Problem of Child Soldiers or Professionalization of the Military.--
            (1) In general.--The President may provide assistance to a 
        country for international military education, training, and 
        nonlethal supplies (as defined in section 2557(d)(1)(B) of 
        title 10, United States Code) otherwise prohibited under 
        subsection (a) upon certifying to the appropriate congressional 
        committees that--
                    (A) the government of such country is taking 
                reasonable steps to implement effective measures to 
                demobilize child soldiers in its forces or in 
                government-supported paramilitaries and is taking 
                reasonable steps within the context of its national 
                resources to provide demobilization, rehabilitation, 
                and reintegration assistance to those former child 
                soldiers; and
                    (B) the assistance provided by the United States 
                Government to the government of such country will go to 
                programs that will directly support professionalization 
                of the military.
            (2) Limitation.--The exception under paragraph (1) may not 
        remain in effect for a country for more than 2 years.

SEC. 404. REPORTS.

    (a) Investigation of Allegations Regarding Child Soldiers.--United 
States missions abroad shall thoroughly investigate reports of the use 
of child soldiers.
    (b) Information for Annual Human Rights Reports.--In preparing 
those portions of the annual Human Rights Report that relate to child 
soldiers under sections 116 and 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of State shall 
ensure that such reports include--
            (1) any determination that a government has violated the 
        standards under this title; and
            (2) a description of the use of child soldiers in each 
        foreign country, whether or not such use constitutes a 
        violation of such standards, including--
                    (A) trends toward improvement in such country of 
                the status of child soldiers or the continued or 
                increased tolerance of such practices; and
                    (B) the role of the government of such country in 
                engaging in or tolerating the use of child soldiers.
    (c) Annual Report to Congress.--Not later than June 15 of each of 
the 10 years following the date of the enactment of this Act, the 
President shall submit a report to the appropriate congressional 
committees that contains--
            (1) a list of the countries receiving notification that 
        they are in violation of the standards under this title;
            (2) a list of any waivers or exceptions exercised under 
        this title;
            (3) justification for any such waivers and exceptions; and
            (4) a description of any assistance provided under this 
        title pursuant to the issuance of such waiver.
    (d) Implementation Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State and the Secretary 
of Defense shall jointly submit a report to the appropriate 
congressional committees that--
            (1) sets forth a strategy and a program to assist 
        governments that have expressed the political will to achieve 
        the policy objectives described in this title; and
            (2) includes a description of an effective mechanism for 
        coordination of United States Government efforts to implement 
        this strategy.

SEC. 405. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended by adding at the end the following:
    ``(c) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided 
for chiefs of mission, deputy chiefs of mission, and other officers of 
the Service who are or will be involved in the assessment of child 
soldier use or the drafting of the annual Human Rights Report, 
instruction on matters related to child soldiers, and the substance of 
the Child Soldiers Prevention and Accountability Act of 2008.''.

SEC. 406. ACCOUNTABILITY FOR THE RECRUITMENT AND USE OF CHILD SOLDIERS.

    (a) Crime for Recruiting or Using Child Soldiers.--
            (1) In general.--Chapter 118 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2442. Recruitment or use of child soldiers
    ``(a) Offense.--Any person who knowingly recruits, enlists, or 
conscripts a person under 15 years of age into an armed force or group, 
or knowingly uses a person under 15 years of age to participate 
actively in hostilities--
            ``(1) shall be fined under this title, imprisoned not more 
        than 20 years, or both; and
            ``(2) if the death of any person results, shall be fined 
        under this title and imprisoned for any term of years or for 
        life.
    ``(b) Attempt and Conspiracy.--Any person who attempts or conspires 
to commit an offense under this section shall be punished in the same 
manner as a person who completes the offense.
    ``(c) Jurisdiction.--There is jurisdiction over an offense 
described in subsection (a), and any attempt or conspiracy to commit 
such offense, if--
            ``(1) the alleged offender is a national of the United 
        States (as defined in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 
        admitted for permanent residence in the United States (as 
        defined in section 101(a)(20) of such Act (8 U.S.C. 
        1101(a)(20));
            ``(2) the alleged offender is a stateless person whose 
        habitual residence is in the United States;
            ``(3) the alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender; or
            ``(4) the offense occurs in whole or in part within the 
        United States.
    ``(d) Definitions.--In this section:
            ``(1) Participate actively in hostilities.--The term 
        `participate actively in hostilities' means taking part in--
                    ``(A) combat or military activities related to 
                combat, including scouting, spying, sabotage, and 
                serving as a decoy, a courier, or at a military 
                checkpoint; or
                    ``(B) direct support functions related to combat, 
                including taking supplies to the front line and other 
                services at the front line.
            ``(2) Armed force or group.--The term `armed force or 
        group' means any army, militia, or other military organization, 
        whether or not it is state-sponsored, excluding any group 
        assembled solely for nonviolent political association.''.
            (2) Statute of limitations.--Chapter 213 of title 18, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 3300. Recruitment or use of child soldiers
    ``No person may be prosecuted, tried, or punished for a violation 
of section 2442 unless the indictment or the information is filed not 
later than 10 years after the commission of the offense.''.
            (3) Clerical amendments.--Title 18, United States Code, is 
        amended--
                    (A) in the table of sections for chapter 118, by 
                adding at the end the following:

``Sec. 2442. Recruitment or use of child soldiers.'';
                and
                    (B) in the table of sections for chapter 213, by 
                adding at the end the following:

``Sec. 3300. Recruitment or use of child soldiers.''.
    (b) Ground of Inadmissibility for Recruiting or Using Child 
Soldiers.--Section 212(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)) is amended by adding at the end the following:
                    ``(G) Recruitment or use of child soldiers.--Any 
                alien who has engaged in the recruitment or use of 
                child soldiers in violation of section 2442 of title 
                18, United States Code, is inadmissible.''.
    (c) Ground of Removability for Recruiting or Using Child 
Soldiers.--Section 237(a)(4) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(4)) is amended by adding at the end the following:
                    ``(F) Recruitment or use of child soldiers.--Any 
                alien who has engaged in the recruitment or use of 
                child soldiers in violation of section 2442 of title 
                18, United States Code, is deportable.''.
    (d) Asylum and Withholding of Removal.--Not later than 60 days 
after the date of the enactment of this Act, the Attorney General shall 
promulgate final regulations establishing that, for purposes of 
sections 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii) and 1231(b)(3)(B)(iii)), 
an alien who is inadmissible under section 212(a)(3)(G) of such Act or 
removable under section 237(a)(4)(F) of such Act shall be considered an 
alien with respect to whom there are serious reasons to believe that 
the alien committed a serious nonpolitical crime.

SEC. 407. EFFECTIVE DATE; APPLICABILITY.

    This title, and the amendments made by this title, shall take 
effect 180 days after the date of the enactment of this Act and shall 
apply to funds obligated after such effective date.
                                                       Calendar No. 946

110th CONGRESS

  2d Session

                                S. 3061

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 8, 2008

                        Reported with amendments