[Congressional Record Volume 154, Number 185 (Wednesday, December 10, 2008)]
[House]
[Pages H10888-H10905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT 
                                OF 2008

  Mr. BERMAN. Mr. Speaker, I ask unanimous consent that the Committees 
on Foreign Affairs, Energy and Commerce and the Judiciary be discharged 
from further consideration of the bill (H.R. 7311) to authorize 
appropriations for fiscal years 2008 through

[[Page H10889]]

2011 for the Trafficking Victims Protection Act of 2000, to enhance 
measures to combat trafficking in persons, and for other purposes, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7311

       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. Prevention and prosecution of trafficking in foreign 
              countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum 
              standards.
Sec. 108. Research on domestic and international trafficking in 
              persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat 
              Trafficking in Persons.
Sec. 110. Report on activities of the Department of Labor to monitor 
              and combat forced labor and child labor.
Sec. 111. Sense of Congress regarding multilateral framework between 
              labor exporting and labor importing countries.

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Protections for domestic workers and other nonimmigrants.
Sec. 203. Protections, remedies, and limitations on issuance for A-3 
              and G-5 visas.
Sec. 204. Relief for certain victims pending actions on petitions and 
              applications for relief.
Sec. 205. Expansion of authority to permit continued presence in the 
              United States.

             Subtitle B--Assistance for Trafficking Victims

Sec. 211. Assistance for certain nonimmigrant status applicants.
Sec. 212. Interim assistance for children.
Sec. 213. Ensuring assistance for all victims of trafficking in 
              persons.

       Subtitle C--Penalties Against Traffickers and Other Crimes

Sec. 221. Restitution of forfeited assets; enhancement of civil action.
Sec. 222. Enhancing penalties for trafficking offenses.
Sec. 223. Jurisdiction in certain trafficking offenses.
Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for 
              sex trafficking.
Sec. 225. Promoting effective State enforcement.

         Subtitle D--Activities of the United States Government

Sec. 231. Annual report by the Attorney General.
Sec. 232. Investigation by the Inspectors General.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Preventing United States travel by traffickers.
Sec. 235. Enhancing efforts to combat the trafficking of children.
Sec. 236. Restriction of passports for sex tourism.
Sec. 237. Additional reporting on crime.
Sec. 238. Processing of certain visas.
Sec. 239. Temporary increase in fee for certain consular services.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.

                  TITLE IV--CHILD SOLDIERS PREVENTION

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Sense of Congress.
Sec. 404. Prohibition.
Sec. 405. Reports.
Sec. 406. Training for foreign service officers.
Sec. 407. Effective date; applicability.

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

     SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

       Section 105(e) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7103(e)) is amended--
       (1) in the subsection heading, by striking ``Support for 
     the Task Force'' and inserting ``Office To Monitor and Combat 
     Trafficking'';
       (2) by striking ``The Secretary of State is authorized to'' 
     and inserting the following:
       ``(1) In general.--The Secretary of State shall''; and
       (3) by adding at the end the following:
       ``(2) Coordination of certain activities.--
       ``(A) Partnerships.--The Director, in coordination and 
     cooperation with other officials at the Department of State 
     involved in corporate responsibility, the Deputy Under 
     Secretary for International Affairs of the Department of 
     Labor, and other relevant officials of the United States 
     Government, shall promote, build, and sustain partnerships 
     between the United States Government and private entities 
     (including foundations, universities, corporations, 
     community-based organizations, and other nongovernmental 
     organizations) to ensure that--
       ``(i) United States citizens do not use any item, product, 
     or material produced or extracted with the use of labor from 
     victims of severe forms of trafficking; and
       ``(ii) such entities do not contribute to trafficking in 
     persons involving sexual exploitation.
       ``(B) United states assistance.--The Director shall be 
     responsible for--
       ``(i) all policy, funding, and programming decisions 
     regarding funds made available for trafficking in persons 
     programs that are centrally controlled by the Office to 
     Monitor and Combat Trafficking; and
       ``(ii) coordinating any trafficking in persons programs of 
     the Department of State or the United States Agency for 
     International Development that are not centrally controlled 
     by the Director.''.

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

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

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

       Section 107(a) of Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7105(a)) is amended--
       (1) in paragraph (1)--
       (A) in the second sentence, by inserting before the period 
     at the end the following: ``, and shall be carried out in a 
     manner which takes into account the cross-border, regional, 
     and transnational aspects of trafficking in persons''; and
       (B) by adding at the end the following:
       ``(F) In cooperation and coordination with relevant 
     organizations, such as the United Nations High Commissioner 
     for Refugees, the International Organization for Migration, 
     and private nongovernmental organizations that contract with, 
     or receive grants from, the United States Government to 
     assist refugees and internally displaced persons, support 
     for--

[[Page H10890]]

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

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

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

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

       ``(a) Awarding of Grants, Cooperative Agreements, and 
     Contracts.--In administering funds made available to carry 
     out this Act within and outside the United States--
       ``(1) solicitations of grants, cooperative agreements, and 
     contracts for such programs shall be made publicly available;
       ``(2) grants, cooperative agreements, and contracts shall 
     be subject to full and open competition, in accordance with 
     applicable laws; and
       ``(3) the internal department or agency review process for 
     such grants, cooperative agreements, and contracts shall not 
     be subject to ad hoc or intermittent review or influence by 
     individuals or organizations outside the United States 
     Government except as provided under paragraphs (1) and (2).
       ``(b) Eligibility.--
       ``(1) In general.--An applicant desiring a grant, contract, 
     or cooperative agreement under this Act shall certify that, 
     to the extent practicable, persons or entities providing 
     legal services, social services, health services, or other 
     assistance have completed, or will complete, training in 
     connection with trafficking in persons.
       ``(2) Disclosure.--If appropriate, applicants should 
     indicate collaboration with nongovernmental organizations, 
     including organizations with expertise in trafficking in 
     persons.
       ``(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 are conducted by subject 
     matter experts in and outside the United States Government, 
     to the extent practicable.
       ``(d) Targeted Use of Anti-Trafficking Programs.--In 
     providing assistance under this division, the President 
     should take into account the priorities and country 
     assessments contained in the most recent report submitted by 
     the Secretary of State to Congress pursuant to section 
     110(b).
       ``(e) Consistency With Other Programs.--The President shall 
     ensure that the design, monitoring, and evaluation of United 
     States assistance programs for emergency relief, development, 
     and poverty alleviation under part I and chapter 4 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. 
     and 2346 et seq.) and other similar United States assistance 
     programs are consistent with United States policies and other 
     United States programs relating to combating trafficking in 
     persons.
       ``(f) Authorization of Appropriations.--For each of the 
     fiscal years 2008 through 2011, not more than 5 percent of 
     the amounts made available to carry out this division may be 
     used to carry out this section, including--
       ``(1) evaluations of promising anti-trafficking programs 
     and projects funded by the disbursing agency pursuant to this 
     Act; and
       ``(2) evaluations of emerging problems or global trends.''.

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

       Section 108 of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7106) is amended--
       (1) in subsection (a), by striking ``a significant number 
     of''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking the period at the end of 
     the first sentence and inserting the following: ``, 
     including, as appropriate, requiring incarceration of 
     individuals convicted of such acts. For purposes of the 
     preceding sentence, suspended or significantly-reduced 
     sentences for convictions of principal actors in cases of 
     severe forms of trafficking in persons shall be considered, 
     on a case-by-case basis, whether to be considered an 
     indicator of serious and sustained efforts to eliminate 
     severe forms of trafficking in persons.'';
       (B) in paragraph (2), by inserting before the period at the 
     end the following: ``, including by providing training to law 
     enforcement and immigration officials regarding the 
     identification and treatment of trafficking victims using 
     approaches that focus on the needs of the victims'';
       (C) in paragraph (3), by striking ``measures to reduce the 
     demand for commercial sex acts and for participation in 
     international sex tourism by nationals of the country'' and 
     inserting ``measures to establish the identity of local 
     populations, including birth registration, citizenship, and 
     nationality''; and
       (D) by adding at the end the following:
       ``(11) Whether the government of the country has made 
     serious and sustained efforts to reduce the demand for--
       ``(A) commercial sex acts; and
       ``(B) participation in international sex tourism by 
     nationals of the country.''.

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

       (a) Countries on Special Watch List Relating to Trafficking 
     in Persons for 2 Consecutive Years.--Section 110(b)(3) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7107(b)(3)) is amended by adding at the end the following:
       ``(D) Countries on special watch list for 2 consecutive 
     years.--
       ``(i) In general.--Except as provided under clause (ii), a 
     country that is included on the special watch list described 
     in subparagraph (A) for 2 consecutive years after the date of 
     the enactment of this subparagraph, shall be included on the 
     list of countries described in paragraph (1)(C).
       ``(ii) Exercise of waiver authority.--The President may 
     waive the application of clause (i) for up to 2 years if the 
     President determines, and reports credible evidence to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives, 
     that such a waiver is justified because--

       ``(I) the country has a written plan to begin making 
     significant efforts to bring itself into compliance with the 
     minimum standards for the elimination of trafficking;
       ``(II) the plan, if implemented, would constitute making 
     such significant efforts; and
       ``(III) the country is devoting sufficient resources to 
     implement the plan.''.

       (b) Clarification of Measures Against Certain Foreign 
     Countries.--Section 110(d)(1)(A)(ii) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(d)(1)(A)) is 
     amended by inserting ``such assistance to the government of 
     the country for 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 the translations described in paragraph (1) 
     are made available to the public through postings on the 
     Internet website of the Department of State and other 
     appropriate websites.

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

       (a) Integrated Database.--Section 112A of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended--
       (1) in subsection (a), by amending paragraph (5) to read as 
     follows:
       ``(5) An effective mechanism for quantifying the number of 
     victims of trafficking on a national, regional, and 
     international basis, which shall include, not later than 2 
     years after the date of the enactment of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, the establishment and maintenance of an 
     integrated database within the Human Smuggling and 
     Trafficking Center.''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Role of Human Smuggling and Trafficking Center.--
       ``(1) In general.--The research initiatives described in 
     paragraphs (4) and (5) of subsection (a) shall be carried out 
     by the Human Smuggling and Trafficking Center, established 
     under section 7202 of the 9/11 Commission Implementation Act 
     of 2004 (8 U.S.C. 1777).
       ``(2) Database.--The database described in subsection 
     (a)(5) shall be established by combining all applicable data 
     collected by each Federal department and agency represented 
     on the Interagency Task Force to Monitor and Combat 
     Trafficking, consistent with the protection of sources and 
     methods, and, to the maximum extent practicable, applicable 
     data from relevant international organizations, to--
       ``(A) improve the coordination of the collection of data 
     related to trafficking in persons by each agency of the 
     United States Government that collects such data;

[[Page H10891]]

       ``(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 $2,000,000 to the Human 
     Smuggling and Trafficking Center for each of the fiscal years 
     2008 through 2011 to carry out the activities described in 
     this subsection.''.
       (b) Report.--Section 110(b)(1) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(E) reporting and analysis on the emergence or shifting 
     of global patterns in human trafficking, including data on 
     the number of victims trafficked to, through, or from major 
     source and destination countries, disaggregated by 
     nationality, gender, and age, to the extent possible; and
       ``(F) emerging issues in human trafficking.''.

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

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

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

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

     SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO 
                   MONITOR AND COMBAT FORCED LABOR AND CHILD 
                   LABOR.

       (a) Final Report; Public Availability of List.--Not later 
     than January 15, 2010, the Secretary of Labor shall--
       (1) submit to the appropriate congressional committees a 
     final report that--
       (A) describes the implementation of section 105(b) of the 
     Trafficking Victims Protection Reauthorization Act of 2005 
     (22 U.S.C. 7103(b)); and
       (B) includes an initial list of goods described in 
     paragraph (2)(C) of such section; and
       (2) make the list of goods described in paragraph (1)(B) 
     available to the public.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given the term in section 103 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

     SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK 
                   BETWEEN LABOR EXPORTING AND LABOR IMPORTING 
                   COUNTRIES.

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

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

     SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

       (a) T Visas.--Section 101(a)(15)(T) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by striking 
     ``Security and the Attorney General jointly;'' and inserting 
     ``Security, in consultation with the Attorney General,'';
       (B) in subclause (I), by striking the comma at the end and 
     inserting a semicolon;
       (C) in subclause (II), by adding at the end the following: 
     ``including physical presence on account of the alien having 
     been allowed entry into the United States for participation 
     in investigative or judicial processes associated with an act 
     or a perpetrator of trafficking;'';
       (D) in subclause (III)--
       (i) in item (aa), by striking ``or'' at the end;
       (ii) by redesignating item (bb) as item (cc);
       (iii) by inserting after item (aa) the following:
       ``(bb) in consultation with the Attorney General, as 
     appropriate, is unable to cooperate with a request described 
     in item (aa) due to physical or psychological trauma; or''; 
     and
       (iv) in item (cc), as redesignated, by striking ``, and'' 
     at the end and inserting ``; and''; and
       (E) in subclause (IV), by adding ``and'' at the end;
       (2) in clause (ii)--
       (A) in subclause (I), by striking ``or'' at the end;
       (B) in subclause (II), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) by adding at the end the following:
       ``(III) any parent or unmarried sibling under 18 years of 
     age of an alien described in subclause (I) or (II) who the 
     Secretary of Homeland Security, in consultation with the law 
     enforcement officer investigating a severe form of 
     trafficking, determines faces a present danger of retaliation 
     as a result of the alien's escape from the severe form of 
     trafficking or cooperation with law enforcement.''; and
       (3) by striking clause (iii).
       (b) Requirements for T Visa Issuance.--Section 214(o)(7) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is 
     amended--
       (1) in subparagraph (B)--
       (A) by striking ``subparagraph (A) if a Federal'' and 
     inserting the following: ``subparagraph (A) if--
       ``(i) a Federal'';
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(ii) the alien is eligible for relief under section 
     245(l) and is unable to obtain such relief because 
     regulations have not been issued to implement such section; 
     or
       ``(iii) the Secretary of Homeland Security determines that 
     an extension of the period of such nonimmigrant status is 
     warranted due to exceptional circumstances.''; and
       (2) by adding at the end the following:
       ``(C) Nonimmigrant status under section 101(a)(15)(T) shall 
     be extended during the pendency of an application for 
     adjustment of status under section 245(l).''.
       (c) Conditions on Nonimmigrant Status for Certain Crime 
     Victims.--Section 214(p)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(p)(6)) is amended by adding at 
     the end the following: ``The Secretary of Homeland Security 
     may extend, beyond the 4-year period authorized under this 
     section, the authorized period of status of an alien as a 
     nonimmigrant under section 101(a)(15)(U) if the Secretary 
     determines that an extension of such period is warranted due 
     to exceptional circumstances. Such alien's nonimmigrant 
     status shall be extended beyond the 4-year period authorized 
     under this section if the alien is eligible for relief under 
     section 245(m) and is unable to obtain such relief because 
     regulations have not been issued to implement such section 
     and shall be extended during the pendency of an application 
     for adjustment of status under section 245(m). The Secretary 
     may grant work authorization to any alien who has a pending, 
     bona fide application for nonimmigrant status under section 
     101(a)(15)(U).''.
       (d) Adjustment of Status for Trafficking Victims.--Section 
     245(l) of the Immigration and Nationality Act (8 U.S.C. 
     1255(l)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``the Attorney General,,'' and inserting ``in the opinion of 
     the Secretary of Homeland Security, in consultation with the 
     Attorney General, as appropriate'';
       (B) in subparagraph (B)--
       (i) by inserting ``subject to paragraph (6),'' after 
     ``(B)''; and
       (ii) by striking ``, and'' and inserting ``; and''; and
       (C) in subparagraph (C)--
       (i) in clause (i), by striking ``, or'' and inserting a 
     semicolon;
       (ii) in clause (ii), by striking ``, or in the case of 
     subparagraph (C)(i), the Attorney General, as appropriate''; 
     and
       (iii) by striking the period at the end and inserting the 
     following: ``; or
       ``(iii) was younger than 18 years of age at the time of the 
     victimization qualifying the alien for relief under section 
     101(a)(15)(T).'';
       (2) in paragraph (3), by striking the period at the end and 
     inserting the following: ``, unless--
       ``(A) the absence was necessary to assist in the 
     investigation or prosecution described in paragraph (1)(A); 
     or
       ``(B) an official involved in the investigation or 
     prosecution certifies that the absence was otherwise 
     justified.''; and
       (3) by adding at the end the following:
       ``(6) For purposes of paragraph (1)(B), the Secretary of 
     Homeland Security may waive

[[Page H10892]]

     consideration of a disqualification from good moral character 
     with respect to an alien if the disqualification was caused 
     by, or incident to, the trafficking described in section 
     101(a)(15)(T)(i)(I).
       ``(7) The Secretary of Homeland Security shall permit 
     aliens to apply for a waiver of any fees associated with 
     filing an application for relief through final adjudication 
     of the adjustment of status for a VAWA self-petitioner and 
     for relief under sections 101(a)(15)(T), 101(a)(15)(U), 106, 
     240A(b)(2), and 244(a)(3) (as in effect on March 31, 
     1997).''.
       (e) Adjustment of Status for Crime Victims.--Section 245(m) 
     of the Immigration and Nationality Act (8 U.S.C. 1255(m)) is 
     amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``unless the Attorney General'' and 
     inserting ``unless the Secretary''; and
       (2) by adding at the end the following:
       ``(5)(A) The Secretary of Homeland Security shall consult 
     with the Attorney General, as appropriate, in making a 
     determination under paragraph (1) whether affirmative 
     evidence demonstrates that the alien unreasonably refused to 
     provide assistance to a Federal law enforcement official, 
     Federal prosecutor, Federal judge, or other Federal authority 
     investigating or prosecuting criminal activity described in 
     section 101(a)(15)(U)(iii).
       ``(B) Nothing in paragraph (1)(B) may be construed to 
     prevent the Secretary from consulting with the Attorney 
     General in making a determination whether affirmative 
     evidence demonstrates that the alien unreasonably refused to 
     provide assistance to a State or local law enforcement 
     official, State or local prosecutor, State or local judge, or 
     other State or local authority investigating or prosecuting 
     criminal activity described in section 101(a)(15)(U)(iii).''.
       (f) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of enactment of the Act; and
       (2) apply to applications for immigration benefits filed on 
     or after such date.

     SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER 
                   NONIMMIGRANTS.

       (a) Information Pamphlet.--
       (1) Development and distribution.--The Secretary of State, 
     in consultation with the Secretary of Homeland Security, the 
     Attorney General, and the Secretary of Labor, shall develop 
     an information pamphlet on legal rights and resources for 
     aliens applying for employment- or education-based 
     nonimmigrant visas.
       (2) Consultation.--In developing the information pamphlet 
     under paragraph (1), the Secretary of State shall consult 
     with nongovernmental organizations with expertise on the 
     legal rights of workers and victims of severe forms of 
     trafficking in persons.
       (b) Contents.--The information pamphlet developed under 
     subsection (a) shall include information concerning items 
     such as--
       (1) the nonimmigrant visa application processes, including 
     information about the portability of employment;
       (2) the legal rights of employment or education-based 
     nonimmigrant visa holders under Federal immigration, labor, 
     and employment law;
       (3) the illegality of slavery, peonage, trafficking in 
     persons, sexual assault, extortion, blackmail, and worker 
     exploitation in the United States;
       (4) the legal rights of immigrant victims of trafficking in 
     persons and worker exploitation, including--
       (A) the right of access to immigrant and labor rights 
     groups;
       (B) the right to seek redress in United States courts;
       (C) the right to report abuse without retaliation;
       (D) the right of the nonimmigrant to relinquish possession 
     of his or her passport to his or her employer;
       (E) the requirement of an employment contract between the 
     employer and the nonimmigrant; and
       (F) an explanation of the rights and protections included 
     in the contract described in subparagraph (E); and
       (5) information about nongovernmental organizations that 
     provide services for victims of trafficking in persons and 
     worker exploitation, including--
       (A) anti-trafficking in persons telephone hotlines operated 
     by the Federal Government;
       (B) the Operation Rescue and Restore hotline; and
       (C) a general description of the types of victims services 
     available for individuals subject to trafficking in persons 
     or worker exploitation.
       (c) Translation.--
       (1) In general.--To best serve the language groups having 
     the greatest concentration of employment-based nonimmigrant 
     visas, the Secretary of State shall translate the information 
     pamphlet developed under subsection (a) into all relevant 
     foreign languages, to be determined by the Secretary based on 
     the languages spoken by the greatest concentrations of 
     employment- or education-based nonimmigrant visa applicants.
       (2) Revision.--Every 2 years, the Secretary of State, in 
     consultation with the Attorney General and the Secretary of 
     Homeland Security, shall determine the specific languages 
     into which the information pamphlet will be translated based 
     on the languages spoken by the greatest concentrations of 
     employment- or education-based nonimmigrant visa applicants.
       (d) Availability and Distribution.--
       (1) Posting on federal websites.--The information pamphlet 
     developed under subsection (a) shall be posted on the 
     websites of the Department of State, the Department of 
     Homeland Security, the Department of Justice, the Department 
     of Labor, and all United States consular posts processing 
     applications for employment- or education-based nonimmigrant 
     visas.
       (2) Other distribution.--The information pamphlet developed 
     under subsection (a) shall be made available to any--
       (A) government agency;
       (B) nongovernmental advocacy organization; or
       (C) foreign labor broker doing business in the United 
     States.
       (3) Deadline for pamphlet development and distribution.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State shall distribute and make 
     available the information pamphlet developed under subsection 
     (a) in all the languages referred to in subsection (c).
       (e) Responsibilities of Consular Officers of the Department 
     of State.--
       (1) Interviews.--A consular officer conducting an interview 
     of an alien for an employment-based nonimmigrant visa shall--
       (A)(i) confirm that the alien has received, read, and 
     understood the contents of the pamphlet described in 
     subsections (a) and (b); and
       (ii) if the alien has not received, read, or understood the 
     contents of the pamphlet described in subsections (a) and 
     (b), distribute and orally disclose to the alien the 
     information described in paragraphs (2) and (3) in a language 
     that the alien understands; and
       (B) offer to answer any questions the alien may have 
     regarding the contents of the pamphlet described in 
     subsections (a) and (b).
       (2) Legal rights.--The consular officer shall disclose to 
     the alien--
       (A) the legal rights of employment-based nonimmigrants 
     under Federal immigration, labor, and employment laws;
       (B) the illegality of slavery, peonage, trafficking in 
     persons, sexual assault, extortion, blackmail, and worker 
     exploitation in the United States; and
       (C) the legal rights of immigrant victims of trafficking in 
     persons, worker exploitation, and other related crimes, 
     including--
       (i) the right of access to immigrant and labor rights 
     groups;
       (ii) the right to seek redress in United States courts; and
       (iii) the right to report abuse without retaliation.
       (3) Victim services.--In carrying out the disclosure 
     requirement under this subsection, the consular officer shall 
     disclose to the alien the availability of services for 
     victims of human trafficking and worker exploitation in the 
     United States, including victim services complaint hotlines.
       (f) Definitions.--In this section:
       (1) Employment- or education-based nonimmigrant visa.--The 
     term ``employment- or education-based nonimmigrant visa'' 
     means--
       (A) a nonimmigrant visa issued under subparagraph (A)(iii), 
     (G)(v), (H), or (J) of section 101(a)(15) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)); and
       (B) any nonimmigrant visa issued to a personal or domestic 
     servant who is accompanying or following to join an employer.
       (2) Severe forms of trafficking in persons.--The term 
     ``severe forms of trafficking in persons'' has the meaning 
     given the term in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (4) Abusing and exploiting.--The term ``abusing and 
     exploiting'' means any conduct which would constitute a 
     violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A 
     of title 18, United States Code.

     SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON ISSUANCE 
                   FOR A-3 AND G-5 VISAS.

       (a) Limitations on Issuance of A-3 and G-5 Visas.--
       (1) Contract requirement.--Notwithstanding any other 
     provision of law, the Secretary of State may not issue--
       (A) an A-3 visa unless the applicant is employed, or has 
     signed a contract to be employed containing the requirements 
     set forth in subsection (d)(2), by an officer of a diplomatic 
     mission or consular post; or
       (B) a G-5 visa unless the applicant is employed, or has 
     signed a contract to be employed by an employee in an 
     international organization.
       (2) Suspension requirement.--Notwithstanding any other 
     provision of law, the Secretary shall suspend, for such 
     period as the Secretary determines necessary, the issuance of 
     A-3 visas or G-5 visas to applicants seeking to work for 
     officials of a diplomatic mission or an international 
     organization, if the Secretary determines that there is 
     credible evidence that 1 or more employees of such mission or 
     international organization have abused or exploited 1 or more 
     nonimmigrants holding an A-3 visa or a G-5 visa, and that the 
     diplomatic mission or international organization tolerated 
     such actions.
       (3) Action by diplomatic missions or international 
     organizations.--The Secretary may suspend the application of 
     the limitation under paragraph (2) if the Secretary 
     determines and reports to the appropriate congressional 
     committees that a mechanism is in place to ensure that such

[[Page H10893]]

     abuse or exploitation does not reoccur with respect to any 
     alien employed by an employee of such mission or institution.
       (b) Protections and Remedies for A-3 and G-5 Nonimmigrants 
     Employed by Diplomats and Staff of International 
     Organizations.--
       (1) In general.--The Secretary may not issue or renew an A-
     3 visa or a G-5 visa unless--
       (A) the visa applicant has executed a contract with the 
     employer or prospective employer containing provisions 
     described in paragraph (2); and
       (B) a consular officer has conducted a personal interview 
     with the applicant outside the presence of the employer or 
     any recruitment agent in which the officer reviewed the terms 
     of the contract and the provisions of the pamphlet required 
     under section 202.
       (2) Mandatory contract.--The contract between the employer 
     and domestic worker required under paragraph (1) shall 
     include--
       (A) an agreement by the employer to abide by all Federal, 
     State, and local laws in the United States;
       (B) information on the frequency and form of payment, work 
     duties, weekly work hours, holidays, sick days, and vacation 
     days; and
       (C) an agreement by the employer not to withhold the 
     passport, employment contract, or other personal property of 
     the employee.
       (3) Training of consular officers.--The Secretary shall 
     provide appropriate training to consular officers on the fair 
     labor standards described in the pamphlet required under 
     section 202, trafficking in persons, and the provisions of 
     this section.
       (4) Record keeping.--
       (A) In general.--The Secretary shall maintain records on 
     the presence of nonimmigrants holding an A-3 visa or a G-5 
     visa in the United States, including--
       (i) information about when the nonimmigrant entered and 
     permanently exited the country of residence;
       (ii) the official title, contact information, and immunity 
     level of the employer; and
       (iii) information regarding any allegations of employer 
     abuse received by the Department of State.
       (c) Protection From Removal During Legal Actions Against 
     Former Employers.--
       (1) Remaining in the united states to seek legal redress.--
       (A) Effect of complaint filing.--Except as provided in 
     subparagraph (B), if a nonimmigrant holding an A-3 visa or a 
     G-5 visa working in the United States files a civil action 
     under section 1595 of title 18, United States Code, or a 
     civil action regarding a violation of any of the terms 
     contained in the contract or violation of any other Federal, 
     State, or local law in the United States governing the terms 
     and conditions of employment of the nonimmigrant that are 
     associated with acts covered by such section, the Attorney 
     General and the Secretary of Homeland Security shall permit 
     the nonimmigrant to remain legally in the United States for 
     time sufficient to fully and effectively participate in all 
     legal proceedings related to such action.
       (B) Exception.--An alien described in subparagraph (A) may 
     be deported before the conclusion of the legal proceedings 
     related to a civil action described in such subparagraph if 
     such alien is--
       (i) inadmissible under paragraph (2)(A)(i)(II), (2)(B), 
     (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), 
     (3)(B), (3)(C), or (3)(F) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)); or
       (ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), 
     (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 237(a) 
     of such Act (8 U.S.C. 1227(a)).
       (C) Failure to exercise due diligence.--If the Secretary of 
     Homeland Security, after consultation with the Attorney 
     General, determines that the nonimmigrant holding an A-3 visa 
     or a G-5 visa has failed to exercise due diligence in 
     pursuing an action described in subparagraph (A), the 
     Secretary may terminate the status of the A-3 or G-5 
     nonimmigrant.
       (2) Authorization to work.--The Attorney General and the 
     Secretary of Homeland Security shall authorize any 
     nonimmigrant described in paragraph (1) to engage in 
     employment in the United States during the period the 
     nonimmigrant is in the United States pursuant to paragraph 
     (1).
       (d) Study and Report.--
       (1) Investigation report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 2 years thereafter for 
     the following 10 years, the Secretary shall submit a report 
     to the appropriate congressional committees on the 
     implementation of this section.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include--
       (i) an assessment of the actions taken by the Department of 
     State and the Department of Justice to investigate 
     allegations of trafficking or abuse of nonimmigrants holding 
     an A-3 visa or a G-5 visa; and
       (ii) the results of such investigations.
       (2) Feasibility of oversight of employees of diplomats and 
     representatives of other institutions report.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary shall submit a report to the appropriate 
     congressional committees on the feasibility of--
       (A) establishing a system to monitor the treatment of 
     nonimmigrants holding an A-3 visa or a G-5 visa who have been 
     admitted to the United States;
       (B) a range of compensation approaches, such as a bond 
     program, compensation fund, or insurance scheme, to ensure 
     that such nonimmigrants receive appropriate compensation if 
     their employers violate the terms of their employment 
     contracts; and
       (C) with respect to each proposed compensation approach 
     described in subparagraph (B), an evaluation and proposal 
     describing the proposed processes for--
       (i) adjudicating claims of rights violations;
       (ii) determining the level of compensation; and
       (iii) administering the program, fund, or scheme.
       (e) Assistance to Law Enforcement Investigations.--The 
     Secretary shall cooperate, to the fullest extent possible 
     consistent with the United States obligations under the 
     Vienna Convention on Diplomatic Relations, done at Vienna, 
     April 18, 1961, (23 U.S.T. 3229), with any investigation by 
     United States law enforcement authorities of crimes related 
     to abuse or exploitation of a nonimmigrant holding an A-3 
     visa or a G-5 visa.
       (f) Definitions.--In this section:
       (1) A-3 visa.--The term ``A-3 visa'' means a nonimmigrant 
     visa issued pursuant to section 101(a)(15)(A)(iii) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(A)(iii)).
       (2) G-5 visa.--The term ``G-5 visa'' means a nonimmigrant 
     visa issued pursuant to section 101(a)(15)(G)(v) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     the Judiciary of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate.

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

       Section 237 of the Immigration and Nationality Act (8 
     U.S.C. 1227) is amended by adding at the end the following:
       ``(d)(1) If the Secretary of Homeland Security determines 
     that an application for nonimmigrant status under 
     subparagraph (T) or (U) of section 101(a)(15) filed for an 
     alien in the United States sets forth a prima facie case for 
     approval, the Secretary may grant the alien an administrative 
     stay of a final order of removal under section 241(c)(2) 
     until--
       ``(A) the application for nonimmigrant status under such 
     subparagraph (T) or (U) is approved; or
       ``(B) there is a final administrative denial of the 
     application for such nonimmigrant status after the exhaustion 
     of administrative appeals.
       ``(2) The denial of a request for an administrative stay of 
     removal under this subsection shall not preclude the alien 
     from applying for a stay of removal, deferred action, or a 
     continuance or abeyance of removal proceedings under any 
     other provision of the immigration laws of the United States.
       ``(3) During any period in which the administrative stay of 
     removal is in effect, the alien shall not be removed.
       ``(4) Nothing in this subsection may be construed to limit 
     the authority of the Secretary of Homeland Security or the 
     Attorney General to grant a stay of removal or deportation in 
     any case not described in this subsection.''.

     SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE 
                   IN THE UNITED STATES.

       (a) Expansion of Authority.--
       (1) In general.--Section 107(c)(3) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is 
     amended to read as follows:
       ``(3) Authority to permit continued presence in the united 
     states.--
       ``(A) Trafficking victims.--
       ``(i) In general.--If a Federal law enforcement official 
     files an application stating that an alien is a victim of a 
     severe form of trafficking and may be a potential witness to 
     such trafficking, the Secretary of Homeland Security may 
     permit the alien to remain in the United States to facilitate 
     the investigation and prosecution of those responsible for 
     such crime.
       ``(ii) Safety.--While investigating and prosecuting 
     suspected traffickers, Federal law enforcement officials 
     described in clause (i) shall endeavor to make reasonable 
     efforts to protect the safety of trafficking victims, 
     including taking measures to protect trafficked persons and 
     their family members from intimidation, threats of reprisals, 
     and reprisals from traffickers and their associates.
       ``(iii) Continuation of presence.--The Secretary shall 
     permit an alien described in clause (i) who has filed a civil 
     action under section 1595 of title 18, United States Code, to 
     remain in the United States until such action is concluded. 
     If the Secretary, in consultation with the Attorney General, 
     determines that the alien has failed to exercise due 
     diligence in pursuing such action, the Secretary may revoke 
     the order permitting the alien to remain in the United 
     States.
       ``(iv) Exception.--Notwithstanding clause (iii), an alien 
     described in such clause may be deported before the 
     conclusion of the administrative and legal proceedings 
     related to a complaint described in such clause if such alien 
     is inadmissible under paragraph (2)(A)(i)(II), (2)(B), 
     (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), 
     (3)(B), or (3)(C) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)).

[[Page H10894]]

       ``(B) Parole for relatives.--Law enforcement officials may 
     submit written requests to the Secretary of Homeland 
     Security, in accordance with section 240A(b)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(6)), to 
     permit the parole into the United States of certain relatives 
     of an alien described in subparagraph (A)(i).
       ``(C) State and local law enforcement.--The Secretary of 
     Homeland Security, in consultation with the Attorney General, 
     shall--
       ``(i) develop materials to assist State and local law 
     enforcement officials in working with Federal law enforcement 
     to obtain continued presence for victims of a severe form of 
     trafficking in cases investigated or prosecuted at the State 
     or local level; and
       ``(ii) distribute the materials developed under clause (i) 
     to State and local law enforcement officials.''.
       (2) Effective date.--The amendment made by paragraph (1)--
       (A) shall take effect on the date of the enactment of this 
     Act;
       (B) shall apply to pending requests for continued presence 
     filed pursuant to section 107(c)(3) of the Trafficking 
     Victims Protection Act (22 U.S.C. 7105(c)(3)) and requests 
     filed on or after such date; and
       (C) may not be applied to an alien who is not present in 
     the United States.
       (b) Parole for Derivatives of Trafficking Victims.--Section 
     240A(b) of the Immigration and Nationality Act (8 U.S.C. 
     1229b(b)) is amended by adding at the end the following:
       ``(6) Relatives of trafficking victims.--
       ``(A) In general.--Upon written request by a law 
     enforcement official, the Secretary of Homeland Security may 
     parole under section 212(d)(5) any alien who is a relative of 
     an alien granted continued presence under section 
     107(c)(3)(A) of the Trafficking Victims Protection Act (22 
     U.S.C. 7105(c)(3)(A)), if the relative--
       ``(i) was, on the date on which law enforcement applied for 
     such continued presence--

       ``(I) in the case of an alien granted continued presence 
     who is under 21 years of age, the spouse, child, parent, or 
     unmarried sibling under 18 years of age, of the alien; or
       ``(II) in the case of an alien granted continued presence 
     who is 21 years of age or older, the spouse or child of the 
     alien; or

       ``(ii) is a parent or sibling of the alien who the 
     requesting law enforcement official, in consultation with the 
     Secretary of Homeland Security, as appropriate, determines to 
     be in present danger of retaliation as a result of the 
     alien's escape from the severe form of trafficking or 
     cooperation with law enforcement, irrespective of age.
       ``(B) Duration of parole.--
       ``(i) In general.--The Secretary may extend the parole 
     granted under subparagraph (A) until the final adjudication 
     of the application filed by the principal alien under section 
     101(a)(15)(T)(ii).
       ``(ii) Other limits on duration.--If an application 
     described in clause (i) is not filed, the parole granted 
     under subparagraph (A) may extend until the later of--

       ``(I) the date on which the principal alien's authority to 
     remain in the United States under section 107(c)(3)(A) of the 
     Trafficking Victims Protection Act (22 U.S.C. 7105(c)(3)(A)) 
     is terminated; or
       ``(II) the date on which a civil action filed by the 
     principal alien under section 1595 of title 18, United States 
     Code, is concluded.

       ``(iii) Due diligence.--Failure by the principal alien to 
     exercise due diligence in filing a visa petition on behalf of 
     an alien described in clause (i) or (ii) of subparagraph (A), 
     or in pursuing the civil action described in clause (ii)(II) 
     (as determined by the Secretary of Homeland Security in 
     consultation with the Attorney General), may result in 
     revocation of parole.
       ``(C) Other limitations.--A relative may not be granted 
     parole under this paragraph if--
       ``(i) the Secretary of Homeland Security or the Attorney 
     General has reason to believe that the relative was knowingly 
     complicit in the trafficking of an alien permitted to remain 
     in the United States under section 107(c)(3)(A) of the 
     Trafficking Victims Protection Act (22 U.S.C. 7105(c)(3)(A)); 
     or
       ``(ii) the relative is an alien described in paragraph (2) 
     or (3) of section 212(a) or paragraph (2) or (4) of section 
     237(a).''.

             Subtitle B--Assistance for Trafficking Victims

     SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS 
                   APPLICANTS.

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

     SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.

       (a) In General.--Section 107(b)(1) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is 
     amended--
       (1) in subparagraph (E)(i)(I), by inserting ``or is unable 
     to cooperate with such a request due to physical or 
     psychological trauma'' before the semicolon; and
       (2) by adding at the end the following:
       ``(F) Eligibility for interim assistance of children.--
       ``(i) Determination.--Upon receiving credible information 
     that a child described in subparagraph (C)(ii)(I) who is 
     seeking assistance under this paragraph may have been 
     subjected to a severe form of trafficking in persons, the 
     Secretary of Health and Human Services shall promptly 
     determine if the child is eligible for interim assistance 
     under this paragraph. The Secretary shall have exclusive 
     authority to make interim eligibility determinations under 
     this clause. A determination of interim eligibility under 
     this clause shall not affect the independent determination 
     whether a child is a victim of a severe form of trafficking.
       ``(ii) Notification.--The Secretary of Health and Human 
     Services shall notify the Attorney General and the Secretary 
     of Homeland Security not later than 24 hours after all 
     interim eligibility determinations have been made under 
     clause (i).
       ``(iii) Duration.--Assistance under this paragraph may be 
     provided to individuals determined to be eligible under 
     clause (i) for a period of up to 90 days and may be extended 
     for an additional 30 days.
       ``(iv) Long-term assistance for children.--

       ``(I) Eligibility determination.--Before the expiration of 
     the period for interim assistance under clause (iii), the 
     Secretary of Health and Human Services shall determine if the 
     child referred to in clause (i) is eligible for assistance 
     under this paragraph.
       ``(II) Consultation.--In making a determination under 
     subclause (I), the Secretary shall consult with the Attorney 
     General, the Secretary of Homeland Security, and 
     nongovernmental organizations with expertise on victims of 
     severe form of trafficking.
       ``(III) Letter of eligibility.--If the Secretary, after 
     receiving information the Secretary believes, taken as a 
     whole, indicates that the child is eligible for assistance 
     under this paragraph, the Secretary shall issue a letter of 
     eligibility. The Secretary may not require that the child 
     cooperate with law enforcement as a condition for receiving 
     such letter of eligibility.

       ``(G)  Notification of children for interim assistance.--
     Not later than 24 hours after a Federal, State, or local 
     official discovers that a person who is under 18 years of age 
     may be a victim of a severe form of trafficking in persons, 
     the official shall notify the Secretary of Health and Human 
     Services to facilitate the provision of interim assistance 
     under subparagraph (F).''.
       (b) Training of Government Personnel.--Section 107(c)(4) of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(c)(4)) is amended--
       (1) by inserting ``, the Department of Homeland Security, 
     the Department of Health and Human Services,'' after ``the 
     Department of State''; and
       (2) by inserting ``, including juvenile victims. The 
     Attorney General and the Secretary of Health and Human 
     Services shall provide training to State and local officials 
     to improve the identification and protection of such 
     victims'' before the period at the end.

     SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING 
                   IN PERSONS.

       (a) Amendments to Trafficking Victims Protection Act of 
     2000.--
       (1) Assistance for united states citizens and lawful 
     permanent residents.--Section 107 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7105) is amended by 
     inserting after subsection (e) the following:
       ``(f) Assistance for United States Citizens and Lawful 
     Permanent Residents.--
       ``(1) In general.--The Secretary of Health and Human 
     Services and the Attorney General, in consultation with the 
     Secretary of Labor, shall establish a program to assist 
     United 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.

[[Page H10895]]

       ``(B) Maximum federal share.--The Federal share of a grant 
     awarded under this paragraph may not exceed 75 percent of the 
     total costs of the projects described in the application 
     submitted by the grantee.''.
       (2) Authorization of appropriations.--Section 113 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) 
     is amended--
       (A) in subsection (b)--
       (i) by striking ``To carry out'' and inserting the 
     following:
       ``(1) Eligibility for benefits and assistance.--To carry 
     out''; and
       (ii) by adding at the end the following:
       ``(2) Additional benefits for trafficking victims.--To 
     carry out the purposes of section 107(f), there are 
     authorized to be appropriated to the Secretary of Health and 
     Human Services--
       ``(A) $2,500,000 for fiscal year 2008;
       ``(B) $5,000,0000 for fiscal year 2009;
       ``(C) $7,000,000 for fiscal year 2010; and
       ``(D) $7,000,000 for fiscal year 2011.''; and
       (B) in subsection (d)--
       (i) by striking ``To carry out the purposes of section 
     107(b)'' and inserting the following:
       ``(A) Eligibility for benefits and assistance.--To carry 
     out the purposes of section 107(b)'';
       (ii) by striking ``To carry out the purposes of section 
     134'' and inserting the following:
       ``(B) Assistance to foreign countries.--To carry out the 
     purposes of section 134''; and
       (iii) by adding at the end the following:
       ``(C) Additional benefits for trafficking victims.--To 
     carry out the purposes of section 107(f), there are 
     authorized to be appropriated to the Attorney General--
       ``(i) $2,500,000 for fiscal year 2008;
       ``(ii) $5,000,0000 for fiscal year 2009;
       ``(iii) $7,000,000 for fiscal year 2010; and
       ``(iv) $7,000,000 for fiscal year 2011.''.
       (3) Technical assistance.--Section 107(b)(2)(B)(ii) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(b)(2)(B)(ii)) is amended to read as follows:
       ``(ii) 5 percent for training and technical assistance, 
     including increasing capacity and expertise on security for 
     and protection of service providers from intimidation or 
     retaliation for their activities.''.
       (b) Study.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, the Attorney General and the 
     Secretary of Health and Human Services shall submit a report 
     to the appropriate congressional committees that identifies 
     the existence and extent of any service gap between victims 
     described in section 107(b)(1) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7105) and individuals 
     described in section 107(f) of such Act, as amended by 
     section 213(a) of this Act.
       (2) Elements.--In carrying out the study under subparagraph 
     (1), the Attorney General and the Secretary of Health and 
     Human Services shall--
       (A) investigate factors relating to the legal ability of 
     the victims described in paragraph (1) to access government-
     funded social services in general, including the application 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1641(c)(5)) and the 
     Illegal Immigration and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009 et seq.);
       (B) investigate any other impediments to the access of the 
     victims described in paragraph (1) to government-funded 
     social services;
       (C) investigate any impediments to the access of the 
     victims described in paragraph (1) to government-funded 
     services targeted to victims of severe forms of trafficking;
       (D) investigate the effect of trafficking service-provider 
     infrastructure development, continuity of care, and 
     availability of caseworkers on the eventual restoration and 
     rehabilitation of the victims described in paragraph (1); and
       (E) include findings, best practices, and recommendations, 
     if any, based on the study of the elements described in 
     subparagraphs (A) through (D) and any other related 
     information.

       Subtitle C--Penalties Against Traffickers and Other Crimes

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

       Chapter 77 of title 18, United States Code, is amended--
       (1) in section 1593(b), by adding at the end the following:
       ``(4) The forfeiture of property under this subsection 
     shall be governed by the provisions of section 413 (other 
     than subsection (d) of such section) of the Controlled 
     Substances Act (21 U.S.C. 853).''; and
       (2) in section 1595--
       (A) in subsection (a)--
       (i) by striking ``of section 1589, 1590, or 1591''; and
       (ii) by inserting ``(or whoever knowingly benefits, 
     financially or by receiving anything of value from 
     participation in a venture which that person knew or should 
     have known has engaged in an act in violation of this 
     chapter)'' after ``perpetrator''; and
       (B) by adding at the end the following:
       ``(c) No action may be maintained under this section unless 
     it is commenced not later than 10 years after the cause of 
     action arose.''.

     SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES.

       (a) Detention.--Section 3142(e) of title 18, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) by inserting ``(1)'' before ``If, after a hearing'';
       (3) by inserting ``(2)'' before ``In a case'';
       (4) by inserting ``(3)'' before ``Subject to rebuttal'';
       (5) by striking ``paragraph (1) of this subsection'' each 
     place it appears and inserting ``subparagraph (A)'';
       (6) in paragraph (3), as redesignated--
       (A) by striking ``committed an offense'' and inserting the 
     following: ``committed--
       ``(A) an offense'';
       (B) by striking ``46, an offense'' and inserting the 
     following: ``46;
       ``(B) an offense'';
       (C) by striking ``title, or an offense'' and inserting the 
     following: ``title;
       ``(C) an offense''; and
       (D) by striking ``prescribed or an offense'' and inserting 
     the following: ``prescribed;
       ``(D) an offense under chapter 77 of this title for which a 
     maximum term of imprisonment of 20 years or more is 
     prescribed; or
       ``(E) an offense''.
       (b) Preventing Obstruction.--
       (1) Enticement into slavery.--Section 1583 of title 18, 
     United States Code, is amended to read as follows:

     ``Sec. 1583. Enticement into slavery

       ``(a) Whoever--
       ``(1) kidnaps or carries away any other person, with the 
     intent that such other person be sold into involuntary 
     servitude, or held as a slave;
       ``(2) entices, persuades, or induces any other person to go 
     on board any vessel or to any other place with the intent 
     that he or she may be made or held as a slave, or sent out of 
     the country to be so made or held; or
       ``(3) obstructs, or attempts to obstruct, or in any way 
     interferes with or prevents the enforcement of this section,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Whoever violates this section shall be fined under 
     this title, imprisoned for any term of years or for life, or 
     both if--
       ``(1) the violation results in the death of the victim; or
       ``(2) the violation includes kidnaping, an attempt to 
     kidnap, aggravated sexual abuse, an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.''.
       (2) Sale into involuntary servitude.--Section 1584 of such 
     title is amended--
       (A) by striking ``Whoever'' and inserting the following:
       ``(a) Whoever''; and
       (B) by adding at the end the following:
       ``(b) Whoever obstructs, attempts to obstruct, or in any 
     way interferes with or prevents the enforcement of this 
     section, shall be subject to the penalties described in 
     subsection (a).''.
       (3) Punishing financial gain from trafficked labor.--
     Section 1589 of such title is amended to read as follows:

     ``SEC. 1589. FORCED LABOR.

       ``(a) Whoever knowingly provides or obtains the labor or 
     services of a person by any one of, or by any combination of, 
     the following means--
       ``(1) by means of force, threats of force, physical 
     restraint, or threats of physical restraint to that person or 
     another person;
       ``(2) by means of serious harm or threats of serious harm 
     to that person or another person;
       ``(3) by means of the abuse or threatened abuse of law or 
     legal process; or
       ``(4) by means of any scheme, plan, or pattern intended to 
     cause the person to believe that, if that person did not 
     perform such labor or services, that person or another person 
     would suffer serious harm or physical restraint,

     shall be punished as provided under subsection (d).
       ``(b) Whoever knowingly benefits, financially or by 
     receiving anything of value, from participation in a venture 
     which has engaged in the providing or obtaining of labor or 
     services by any of the means described in subsection (a), 
     knowing or in reckless disregard of the fact that the venture 
     has engaged in the providing or obtaining of labor or 
     services by any of such means, shall be punished as provided 
     in subsection (d).
       ``(c) In this section:
       ``(1) The term `abuse or threatened abuse of law or legal 
     process' means the use or threatened use of a law or legal 
     process, whether administrative, civil, or criminal, in any 
     manner or for any purpose for which the law was not designed, 
     in order to exert pressure on another person to cause that 
     person to take some action or refrain from taking some 
     action.
       ``(2) The term `serious harm' means any harm, whether 
     physical or nonphysical, including psychological, financial, 
     or reputational harm, that is sufficiently serious, under all 
     the surrounding circumstances, to compel a reasonable person 
     of the same background and in the same circumstances to 
     perform or to continue performing labor or services in order 
     to avoid incurring that harm.
       ``(d) Whoever violates this section shall be fined under 
     this title, imprisoned not more than 20 years, or both. If 
     death results from a violation of this section, or if the 
     violation includes kidnaping, an attempt to kidnap, 
     aggravated sexual abuse, or an attempt to kill, the defendant 
     shall be fined under this title, imprisoned for any term of 
     years or life, or both.''.

[[Page H10896]]

       (4) Trafficking.--Section 1590 of such title is amended--
       (A) by striking ``Whoever'' and inserting the following:
       ``(a) Whoever''; and
       (B) by adding at the end the following:
       ``(b) Whoever obstructs, attempts to obstruct, or in any 
     way interferes with or prevents the enforcement of this 
     section, shall be subject to the penalties under subsection 
     (a).''.
       (5) Sex trafficking of children.--Section 1591 of such 
     title is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``or obtains'' and 
     inserting ``obtains, or maintains''; and
       (ii) in the matter following paragraph (2), by striking 
     ``that force, fraud, or coercion described in subsection 
     (c)(2)'' and inserting ``, or in reckless disregard of the 
     fact, that means of force, threats of force, fraud, coercion 
     described in subsection (e)(2), or any combination of such 
     means'';
       (B) by redesignating subsection (c) as subsection (e);
       (C) in subsection (b)(1), by striking ``force, fraud, or 
     coercion'' and inserting ``means of force, threats of force, 
     fraud, or coercion described in subsection (e)(2), or by any 
     combination of such means,'';
       (D) by inserting after subsection (b) the following:
       ``(c) In a prosecution under subsection (a)(1) in which the 
     defendant had a reasonable opportunity to observe the person 
     so recruited, enticed, harbored, transported, provided, 
     obtained or maintained, the Government need not prove that 
     the defendant knew that the person had not attained the age 
     of 18 years.
       ``(d) Whoever obstructs, attempts to obstruct, or in any 
     way interferes with or prevents the enforcement of this 
     section, shall be fined under this title, imprisoned for a 
     term not to exceed 20 years, or both.'';
       (E) in subsection (e), as redesignated--
       (i) by redesignating paragraph (3) as paragraph (5);
       (ii) by redesignating paragraph (1) as paragraph (3);
       (iii) by inserting before paragraph (2) the following:
       ``(1) The term `abuse or threatened abuse of law or legal 
     process' means the use or threatened use of a law or legal 
     process, whether administrative, civil, or criminal, in any 
     manner or for any purpose for which the law was not designed, 
     in order to exert pressure on another person to cause that 
     person to take some action or refrain from taking some 
     action.''; and
       (iv) by inserting after paragraph (3), as redesignated, the 
     following:
       ``(4) The term `serious harm' means any harm, whether 
     physical or nonphysical, including psychological, financial, 
     or reputational harm, that is sufficiently serious, under all 
     the surrounding circumstances, to compel a reasonable person 
     of the same background and in the same circumstances to 
     perform or to continue performing commercial sexual activity 
     in order to avoid incurring that harm.''.
       (6) Unlawful conduct.--Section 1592 of such title is 
     amended by adding at the end the following:
       ``(c) Whoever obstructs, attempts to obstruct, or in any 
     way interferes with or prevents the enforcement of this 
     section, shall be subject to the penalties described in 
     subsection (a).''.
       (c) Holding Conspirators Accountable.--Section 1594 of 
     title 18, United States Code, is amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (d), (e), and (f), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Whoever conspires with another to violate section 
     1581, 1583, 1589, 1590, or 1592 shall be punished in the same 
     manner as a completed violation of such section.
       ``(c) Whoever conspires with another to violate section 
     1591 shall be fined under this title, imprisoned for any term 
     of years or for life, or both.''.
       (d) Benefitting Financially From Peonage, Slavery, and 
     Trafficking in Persons.--
       (1) In general.--Chapter 77 of title 18, United States 
     Code, is amended by inserting after section 1593 the 
     following:

     ``Sec. 1593A. Benefitting financially from peonage, slavery, 
       and trafficking in persons

       ``Whoever knowingly benefits, financially or by receiving 
     anything of value, from participation in a venture which has 
     engaged in any act in violation of section 1581(a), 1592, or 
     1595(a), knowing or in reckless disregard of the fact that 
     the venture has engaged in such violation, shall be fined 
     under this title or imprisoned in the same manner as a 
     completed violation of such section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1593 the following:

``Sec. 1593A. Benefitting financially from peonage, slavery, and 
              trafficking in persons.''.

       (e) Retaliation in Foreign Labor Contracting.--Chapter 63 
     of title 18, United States Code, is amended--
       (1) in the chapter heading, by adding at the end the 
     following: ``AND OTHER FRAUD OFFENSES'';
       (2) by adding at the end the following:

     ``Sec. 1351. Fraud in foreign labor contracting

       ``Whoever knowingly and with intent to defraud recruits, 
     solicits or hires a person outside the United States for 
     purposes of employment in the United States by means of 
     materially false or fraudulent pretenses, representations or 
     promises regarding that employment shall be fined under this 
     title or imprisoned for not more than 5 years, or both.''; 
     and
       (3) in the table of sections, by inserting after the item 
     relating to section 1350 the following:

``1351. Fraud in foreign labor contracting.''.

       (f) Tightening Immigration Prohibitions.--
       (1) Ground of inadmissibility for trafficking.--Section 
     212(a)(2)(H)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``who is 
     listed in a report submitted pursuant to section 111(b) of 
     the Trafficking Victims Protection Act of 2000'' and 
     inserting ``who commits or conspires to commit human 
     trafficking offenses in the United States or outside the 
     United States''.
       (2) Ground of removability.--Section 237(a)(2) of such Act 
     (8 U.S.C. 1227(a)(2)) is amended by adding at the end the 
     following:
       ``(F) Trafficking.--Any alien described in section 
     212(a)(2)(H) is deportable.''.
       (g) Amendment to Sentencing Guidelines.--Pursuant to its 
     authority under section 994 of title 28, United States Code, 
     the United States Sentencing Commission shall review and, if 
     appropriate, amend the sentencing guidelines and policy 
     statements applicable to persons convicted of alien harboring 
     to ensure conformity with the sentencing guidelines 
     applicable to persons convicted of promoting a commercial sex 
     act if--
       (1) the harboring was committed in furtherance of 
     prostitution; and
       (2) the defendant to be sentenced is an organizer, leader, 
     manager, or supervisor of the criminal activity.

     SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

       (a) In General.--Chapter 77 of title 18, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) In General.--In addition to any domestic or extra-
     territorial jurisdiction otherwise provided by law, the 
     courts of the United States have extra-territorial 
     jurisdiction over any offense (or any attempt or conspiracy 
     to commit an offense) under section 1581, 1583, 1584, 1589, 
     1590, or 1591 if--
       ``(1) an alleged offender is a national of the United 
     States or an alien lawfully admitted for permanent residence 
     (as those terms are defined in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101)); or
       ``(2) an alleged offender is present in the United States, 
     irrespective of the nationality of the alleged offender.
       ``(b) Limitation on Prosecutions of Offenses Prosecuted in 
     Other Countries.--No prosecution may be commenced against a 
     person under this section if a foreign government, in 
     accordance with jurisdiction recognized by the United States, 
     has prosecuted or is prosecuting such person for the conduct 
     constituting such offense, except upon the approval of the 
     Attorney General or the Deputy Attorney General (or a person 
     acting in either such capacity), which function of approval 
     may not be delegated.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 77 of title 18, United States Code, is 
     amended by adding at the end the following:

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

     SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER 
                   PENALTIES FOR SEX TRAFFICKING.

       (a) Release and Detention.--Subsections (f)(1)(A) and 
     (g)(1) of section 3142 of title 18, United States Code, are 
     amended by striking ``violence,'' each place such term 
     appears and inserting ``violence, a violation of section 
     1591,''.
       (b) Subpoenas.--Section 3486(a)(1)(D) of title 18, United 
     States Code, is amended by inserting ``1591,'' after 
     ``1201,''.
       (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, 
     United States Code, is amended, by striking ``or chapter 
     110'' and inserting ``chapter 110, or section 1591''.

     SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT.

       (a) Relationship Among Federal and State Law.--Nothing in 
     this Act, the Trafficking Victims Protection Act of 2000, the 
     Trafficking Victims Protection Reauthorization Act of 2003, 
     the Trafficking Victims Protection Reauthorization Act of 
     2005, chapters 77 and 117 of title 18, United States Code, or 
     any model law issued by the Department of Justice to carry 
     out the purposes of any of the aforementioned statutes--
       (1) may be construed to treat prostitution as a valid form 
     of employment under Federal law; or
       (2) shall preempt, supplant, or limit the effect of any 
     State or Federal criminal law.
       (b) Model State Criminal Provisions.--In addition to any 
     model State antitrafficking statutes in effect on the date of 
     the enactment of this Act, the Attorney General shall 
     facilitate the promulgation of a model State statute that--
       (1) furthers a comprehensive approach to investigation and 
     prosecution through modernization of State and local 
     prostitution and pandering statutes; and
       (2) is based in part on the provisions of the Act of August 
     15, 1935 (49 Stat. 651; D.C. Code 22-2701 et seq.) (relating 
     to prostitution and pandering).

[[Page H10897]]

       (c) Distribution.--The model statute described in 
     subsection (b) and the text of chapter 27 of the Criminal 
     Code of the District of Columbia (D.C. Code 22-2701 et seq.) 
     shall be--
       (1) posted on the website of the Department of Justice; and
       (2) distributed to the Attorney General of each State.

         Subtitle D--Activities of the United States Government

     SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

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

     SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.

       (a) In General.--For each of the fiscal years 2010 through 
     2012, the Inspectors General of the Department of Defense, 
     the Department of State, and the United States Agency for 
     International Development shall investigate a sample of the 
     contracts described in subsection (b).
       (b) Contracts Described.--
       (1) In general.--The contracts described in subsection (a) 
     are contracts, or subcontracts at any tier, under which there 
     is a heightened risk that a contractor may engage, knowingly 
     or unknowingly, in acts related to trafficking in persons, 
     such as--
       (A) confiscation of an employee's passport;
       (B) restriction on an employee's mobility;
       (C) abrupt or evasive repatriation of an employee;
       (D) deception of an employee regarding the work 
     destination; or
       (E) acts otherwise described in section 106(g) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104).
       (2) Consultation and information received.--In determining 
     the type of contact that should be investigated pursuant to 
     subsection (a), the Inspectors General shall--
       (A) consult with the Director of the Office to Combat 
     Trafficking in Persons of the Department of State; and
       (B) take into account any credible information received 
     regarding report of trafficking in persons.
       (c) Congressional Notification.--
       (1) In general.--Not later than January 15, 2009, and 
     annually thereafter through January 15, 2011, each Inspector 
     General shall submit a report to the congressional committees 
     listed in paragraph (3)--
       (A) summarizing the findings of the investigations 
     conducted in the previous year, including any findings 
     regarding trafficking in persons or any improvements needed 
     to prevent trafficking in persons; and
       (B) in the case of any contractor or subcontractor with 
     regard to which the Inspector General has found substantial 
     evidence of trafficking in persons, report as to--
       (i) whether or not the case has been referred for 
     prosecution; and
       (ii) whether or not the case has been treated in accordance 
     with section 106(g) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7104) (relating to termination of certain 
     grants, contracts and cooperative agreements).
       (2) Joint report.--The Inspectors General described in 
     subsection (a) may submit their reports jointly.
       (3) Congressional committees.--The committees list in this 
     paragraph are--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 233. SENIOR POLICY OPERATING GROUP.

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

     SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

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

     SEC. 235. 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; and
       (iii) the child is able to make an independent decision to 
     withdraw the child's application for admission to the United 
     States.
       (B) Return.--An immigration officer who finds an 
     unaccompanied alien child described in subparagraph (A) at a 
     land border or port of entry of the United States and 
     determines that such child is inadmissible under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may--
       (i) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (ii) return such child to the child's country of 
     nationality or country of last habitual residence.
       (C) Contiguous country agreements.--The Secretary of State 
     shall negotiate agreements between the United States and 
     countries contiguous to the United States with respect to the 
     repatriation of children. Such agreements shall be designed 
     to protect children from severe forms of trafficking in 
     persons, and shall, at a minimum, provide that--
       (i) no child shall be returned to the child's country of 
     nationality or of last habitual residence unless returned to 
     appropriate employees or officials, including child welfare 
     officials where available, of the accepting country's 
     government;
       (ii) no child shall be returned to the child's country of 
     nationality or of last habitual residence outside of 
     reasonable business hours; and
       (iii) border personnel of the countries that are parties to 
     such agreements are trained in the terms of such agreements.
       (3) Rule for other children.--The custody of unaccompanied 
     alien children not described in paragraph (2)(A) who are 
     apprehended at the border of the United States or at a United 
     States port of entry shall be treated in accordance with 
     subsection (b).
       (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 (b). Nothing in 
     this paragraph may be construed to preclude an earlier 
     transfer of the child.
       (5) Ensuring the safe repatriation of children.--
       (A) Repatriation pilot program.--To protect children from 
     trafficking and exploitation, the Secretary of State shall 
     create a pilot program, in conjunction with the Secretary of 
     Health and Human Services and the Secretary of Homeland 
     Security, nongovernmental organizations, and other national 
     and international agencies and experts, to develop and 
     implement best practices to ensure the safe and sustainable 
     repatriation and reintegration of unaccompanied alien 
     children into their country of nationality or of last 
     habitual residence, including placement with their families, 
     legal guardians, or other sponsoring agencies.
       (B) Assessment of country conditions.--The Secretary of 
     Homeland Security shall

[[Page H10898]]

     consult the Department of State's Country Reports on Human 
     Rights Practices and the Trafficking in Persons Report in 
     assessing whether to repatriate an unaccompanied alien child 
     to a particular country.
       (C) Report on repatriation of unaccompanied alien 
     children.--Not later than 18 months after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of State and the Secretary of Health and Human Services, with 
     assistance from the Secretary of Homeland Security, shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives on efforts to improve repatriation programs 
     for unaccompanied alien children. Such report shall include--
       (i) the number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States;
       (ii) a statement of the nationalities, ages, and gender of 
     such children;
       (iii) a description of the policies and procedures used to 
     effect the removal of such children from the United States 
     and the steps taken to ensure that such children were safely 
     and humanely repatriated to their country of nationality or 
     of last habitual residence, including a description of the 
     repatriation pilot program created pursuant to subparagraph 
     (A);
       (iv) a description of the type of immigration relief sought 
     and denied to such children;
       (v) any information gathered in assessments of country and 
     local conditions pursuant to paragraph (2); and
       (vi) statistical information and other data on 
     unaccompanied alien children as provided for in section 
     462(b)(1)(J) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(1)(J)).
       (D) Placement in removal proceedings.--Any unaccompanied 
     alien child sought to be removed by the Department of 
     Homeland Security, except for an unaccompanied alien child 
     from a contiguous country subject to exceptions under 
     subsection (a)(2), shall be--
       (i) placed in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a);
       (ii) eligible for relief under section 240B of such Act (8 
     U.S.C. 1229c) at no cost to the child; and
       (iii) provided access to counsel in accordance with 
     subsection (c)(5).
       (b) Combating Child Trafficking and Exploitation in the 
     United States.--
       (1) Care and custody of unaccompanied alien children.--
     Consistent with section 462 of the Homeland Security Act of 
     2002 (6 U.S.C. 279), and except as otherwise provided under 
     subsection (a), the care and custody of all unaccompanied 
     alien children, including responsibility for their detention, 
     where appropriate, shall be the responsibility of the 
     Secretary of Health and Human Services.
       (2) Notification.--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.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Homeland 
     Security, shall develop procedures to make a prompt 
     determination of the age of an alien, which shall be used by 
     the Secretary of Homeland Security and the Secretary of 
     Health and Human Services for children in their respective 
     custody. At a minimum, these procedures shall take into 
     account multiple forms of evidence, including the non-
     exclusive use of radiographs, to determine the age of the 
     unaccompanied alien.
       (c) Providing Safe and Secure Placements for Children.--
       (1) Policies and programs.--The Secretary of Health and 
     Human Services, Secretary of Homeland Security, Attorney 
     General, and Secretary of State shall establish policies and 
     programs to ensure that unaccompanied alien children in the 
     United States are protected from traffickers and other 
     persons seeking to victimize or otherwise engage such 
     children in criminal, harmful, or exploitative activity, 
     including policies and programs reflecting best practices in 
     witness security programs.
       (2) Safe and secure placements.--Subject to section 
     462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(2)), an unaccompanied alien child in the custody of 
     the Secretary of Health and Human Services shall be promptly 
     placed in the least restrictive setting that is in the best 
     interest of the child. In making such placements, the 
     Secretary may consider danger to self, danger to the 
     community, and risk of flight. Placement of child trafficking 
     victims may include placement in an Unaccompanied Refugee 
     Minor program, pursuant to section 412(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1522(d)), if a suitable family 
     member is not available to provide care. A child shall not be 
     placed in a secure facility absent a determination that the 
     child poses a danger to self or others or has been charged 
     with having committed a criminal offense. The placement of a 
     child in a secure facility shall be reviewed, at a minimum, 
     on a monthly basis, in accordance with procedures prescribed 
     by the Secretary, to determine if such placement remains 
     warranted.
       (3) Safety and suitability assessments.--
       (A) In general.--Subject to the requirements of 
     subparagraph (B), an unaccompanied alien child may not be 
     placed with a person or entity unless the Secretary of Health 
     and Human Services makes a determination that the proposed 
     custodian is capable of providing for the child's physical 
     and mental well-being. Such determination shall, at a 
     minimum, include verification of the custodian's identity and 
     relationship to the child, if any, as well as an independent 
     finding that the individual has not engaged in any activity 
     that would indicate a potential risk to the child.
       (B) Home studies.--Before placing the child with an 
     individual, the Secretary of Health and Human Services shall 
     determine whether a home study is first necessary. A home 
     study shall be conducted for a child who is a victim of a 
     severe form of trafficking in persons, a special needs child 
     with a disability (as defined in section 3 of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12102(2))), a child 
     who has been a victim of physical or sexual abuse under 
     circumstances that indicate that the child's health or 
     welfare has been significantly harmed or threatened, or a 
     child whose proposed sponsor clearly presents a risk of 
     abuse, maltreatment, exploitation, or trafficking to the 
     child based on all available objective evidence. The 
     Secretary of Health and Human Services shall conduct follow-
     up services, during the pendency of removal proceedings, on 
     children for whom a home study was conducted and is 
     authorized to conduct follow-up services in cases involving 
     children with mental health or other needs who could benefit 
     from ongoing assistance from a social welfare agency.
       (C) Access to information.--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. At a minimum, such 
     presentations shall address the custodian's responsibility to 
     attempt to ensure the child's appearance at all immigration 
     proceedings and to protect the child from mistreatment, 
     exploitation, and trafficking.
       (5) Access to counsel.--The Secretary of Health and Human 
     Services shall ensure, to the greatest extent practicable and 
     consistent with section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362), that all unaccompanied alien 
     children who are or have been in the custody of the Secretary 
     or the Secretary of Homeland Security, and who are not 
     described in subsection (a)(2)(A), have counsel to represent 
     them in legal proceedings or matters and protect them from 
     mistreatment, exploitation, and trafficking. To the greatest 
     extent practicable, the Secretary of Health and Human 
     Services shall make every effort to utilize the services of 
     pro bono counsel who agree to provide representation to such 
     children without charge.
       (6) Child advocates.--The Secretary of Health and Human 
     Services is authorized to appoint independent child advocates 
     for child trafficking victims and other vulnerable 
     unaccompanied alien children. A child advocate shall be 
     provided access to materials necessary to effectively 
     advocate for the best interest of the child. The child 
     advocate shall not be compelled to testify or provide 
     evidence in any proceeding concerning any information or 
     opinion received from the child in the course of serving as a 
     child advocate. The child advocate shall be presumed to be 
     acting in good faith and be immune from civil and criminal 
     liability for lawful conduct of duties as described in this 
     provision.
       (d) Permanent Protection for Certain At-Risk Children.--
       (1) In general.--Section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
       (A) in clause (i), by striking ``State and who has been 
     deemed eligible by that court for long-term foster care due 
     to abuse, neglect, or abandonment;'' and inserting ``State, 
     or an individual or entity appointed by a State or juvenile 
     court located in the United States, and whose reunification 
     with one 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

[[Page H10899]]

     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), and (9)(B) of section 212(a) shall not apply; and''.
       (4) Eligibility for assistance.--
       (A) In general.--A child who has been granted special 
     immigrant status under section 101(a)(27)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and 
     who was either in the custody of the Secretary of Health and 
     Human Services at the time a dependency order was granted for 
     such child or who was receiving services pursuant to section 
     501(a) of the Refugee Education Assistance Act of 1980 (8 
     U.S.C. 1522 note) at the time such dependency order was 
     granted, shall be eligible for placement and services under 
     section 412(d) of the Immigration and Nationality Act (8 
     U.S.C. 1522(d)) until the earlier of--
       (i) the date on which the child reaches the age designated 
     in section 412(d)(2)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1522(d)(2)(B)); or
       (ii) the date on which the child is placed in a permanent 
     adoptive home.
       (B) State reimbursement.--Subject to the availability of 
     appropriations, if State foster care funds are expended on 
     behalf of a child who is not described in subparagraph (A) 
     and has been granted special immigrant status under section 
     101(a)(27)(J) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(J)), the Federal Government shall 
     reimburse the State in which the child resides for such 
     expenditures by the State.
       (5) State courts acting in loco parentis.--A department or 
     agency of a State, or an individual or entity appointed by a 
     State court or juvenile court located in the United States, 
     acting in loco parentis, shall not be considered a legal 
     guardian for purposes of this section or section 462 of the 
     Homeland Security Act of 2002 (6 U.S.C. 279).
       (6) Transition rule.--Notwithstanding any other provision 
     of law, an alien described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
     amended by paragraph (1), may not be denied special immigrant 
     status under such section after the date of the enactment of 
     this Act based on age if the alien was a child on the date on 
     which the alien applied for such status.
       (7) Access to asylum protections.--Section 208 of the 
     Immigration and Nationality Act (8 U.S.C. 1158) is amended--
       (A) in subsection (a)(2), by adding at the end the 
     following:
       ``(E) Applicability.--Subparagraphs (A) and (B) shall not 
     apply to an unaccompanied alien child (as defined in section 
     462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g))).''; and
       (B) in subsection (b)(3), by adding at the end the 
     following:
       ``(C) Initial jurisdiction.--An asylum officer (as defined 
     in section 235(b)(1)(E)) shall have initial jurisdiction over 
     any asylum application filed by an unaccompanied alien child 
     (as defined in section 462(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g))), regardless of whether filed in 
     accordance with this section or section 235(b).''.
       (8) Specialized needs of unaccompanied alien children.--
     Applications for asylum and other forms of relief from 
     removal in which an unaccompanied alien child is the 
     principal applicant shall be governed by regulations which 
     take into account the specialized needs of unaccompanied 
     alien children and which address both procedural and 
     substantive aspects of handling unaccompanied alien 
     children's cases.
       (e) Training.--The Secretary of State, the Secretary of 
     Homeland Security, the Secretary of Health and Human 
     Services, and the Attorney General shall provide specialized 
     training to all Federal personnel, and upon request, state 
     and local personnel, who have substantive contact with 
     unaccompanied alien children. Such personnel shall be trained 
     to work with unaccompanied alien children, including 
     identifying children who are victims of severe forms of 
     trafficking in persons, and children for whom asylum or 
     special immigrant relief may be appropriate, including 
     children described in subsection (a)(2).
       (f) Amendments to the Homeland Security Act of 2002.--
       (1) Additional responsibilities.--Section 462(b)(1)(L) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is 
     amended by striking the period at the end and inserting ``, 
     including regular follow-up visits to such facilities, 
     placements, and other entities, to assess the continued 
     suitability of such placements.''.
       (2) Technical corrections.--Section 462(b) of such Act (6 
     U.S.C. 279(b)) is further amended--
       (A) in paragraph (3), by striking ``paragraph (1)(G),'' and 
     inserting ``paragraph (1),''; and
       (B) by adding at the end the following:
       ``(4) Rule of construction.--Nothing in paragraph (2)(B) 
     may be construed to require that a bond be posted for an 
     unaccompanied alien child who is released to a qualified 
     sponsor.''.
       (g) Definition of Unaccompanied Alien Child.--For purposes 
     of this section, the term ``unaccompanied alien child'' has 
     the meaning given such term in section 462(g) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g)).
       (h) Effective Date.--This section--
       (1) shall take effect on the date that is 90 days after the 
     date of the enactment of this Act; and
       (2) shall also apply to all aliens in the United States in 
     pending proceedings before the Department of Homeland 
     Security or the Executive Office for Immigration Review, or 
     related administrative or Federal appeals, on the date of the 
     enactment of this Act.
       (i) Grants and Contracts.--The Secretary of Health and 
     Human Services may award grants to, and enter into contracts 
     with, voluntary agencies to carry out this section and 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279).

     SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM.

       (a) In General.--Following any conviction of an individual 
     for a violation of section 2423 of title 18, United States 
     Code, the Attorney General shall notify in a timely manner--
       (1) the Secretary of State for appropriate action under 
     subsection (b); and
       (2) the Secretary of Homeland Security for appropriate 
     action under the Immigration and Nationality Act.
       (b) Authority To Restrict Passport.--
       (1) Ineligibility for passport.--
       (A) In general.--The Secretary of State shall not issue a 
     passport or passport card to an individual who is convicted 
     of a violation of section 2423 of title 18, United States 
     Code, during the covered period if the individual used a 
     passport or passport card or otherwise crossed an 
     international border in committing the offense.
       (B) Passport revocation.--The Secretary of State shall 
     revoke a passport or passport card previously issued to an 
     individual described in subparagraph (A).
       (2) Exceptions.--
       (A) Emergency and humanitarian situations.--Notwithstanding 
     paragraph (1), the Secretary of State may issue a passport or 
     passport card, in emergency circumstances or for humanitarian 
     reasons, to an individual described in paragraph (1)(A).
       (B) Limitation for return to united states.--
     Notwithstanding paragraph (1), the Secretary of State may, 
     prior to revocation, limit a previously issued passport or 
     passport card only for return travel to the United States, or 
     may issue a limited passport or passport card that only 
     permits return travel to the United States.
       (3) Definitions.--In this subsection--
       (A) the term ``covered period'' means the period beginning 
     on the date on which an individual is convicted of a 
     violation of section 2423 of title 18, United States Code, 
     and ending on the later of--
       (i) the date on which the individual is released from a 
     sentence of imprisonment relating to the offense; and
       (ii) the end of a period of parole or other supervised 
     release of the covered individual relating to the offense; 
     and
       (B) the term ``imprisonment'' means being confined in or 
     otherwise restricted to a jail, prison, half-way house, 
     treatment facility, or another institution, on a full or 
     part-time basis, pursuant to the sentence imposed as the 
     result of a criminal conviction.

     SEC. 237. ADDITIONAL REPORTING ON CRIME.

       (a) Trafficking Offense Classification.--The Director of 
     the Federal Bureau of Investigation shall--
       (1) classify the offense of human trafficking as a part I 
     crime in the Uniform Crime Reports;
       (2) to the extent feasible, establish subcategories for 
     State sex crimes that involve--
       (A) a person who is younger than 18 years of age;
       (B) the use of force, fraud or coercion; or
       (C) neither of the elements described in subparagraphs (A) 
     and (B); and
       (3) classify the offense of human trafficking as a Group A 
     offense for purpose of the National Incident-Based Reporting 
     System.
       (b) Additional Information.--The Director of the Federal 
     Bureau of Investigation shall revise the Uniform Crime 
     Reporting System and the National Incident-Based Reporting 
     System to distinguish between reports of--
       (1) incidents of assisting or promoting prostitution, which 
     shall include crimes committed by persons who--
       (A) do not directly engage in commercial sex acts; and
       (B) direct, manage, or profit from such acts, such as State 
     pimping and pandering crimes;
       (2) incidents of purchasing prostitution, which shall 
     include crimes committed by persons who purchase or attempt 
     to purchase or trade anything of value for commercial sex 
     acts; and
       (3) incidents of prostitution, which shall include crimes 
     committed by persons providing or attempting to provide 
     commercial sex acts.
       (c) Reports and Studies.--
       (1) Reports.--Not later than February 1, 2010, the Attorney 
     General shall submit to the Committee on Foreign Affairs and 
     the

[[Page H10900]]

     Committee on the Judiciary of the House of Representatives 
     and the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate reports on the following:
       (A) Activities or actions, in fiscal years 2001 through 
     2009, by Federal departments and agencies to enforce the 
     offenses set forth in chapter 117 of title 18, United States 
     Code, including information regarding the number of 
     prosecutions, the number of convictions, an identification of 
     multiple-defendant cases and the results thereof, and, for 
     fiscal years 2008 and 2009, the number of prosecutions, the 
     number of convictions, and an identification of multiple-
     defendant case and the results thereof, the use of expanded 
     statutes of limitation and other tools to prosecute crimes 
     against children who reached the age of eighteen years since 
     the time the crime was committed.
       (B) The interaction, in Federal human trafficking 
     prosecutions in fiscal years 2001 through 2010, of Federal 
     restitution provisions with those provisions of law allowing 
     restoration and remission of criminally and civilly forfeited 
     property, including the distribution of proceeds among 
     multiple victims.
       (C) Activities or actions, in fiscal years 2001 through 
     2010, to enforce the offenses set forth in chapters 95 and 96 
     of title 18, United States Code, in cases involving human 
     trafficking, sex trafficking, or prostitution offenses.
       (D) Activities or actions, in fiscal years 2008 and 2009, 
     by Federal departments and agencies to enforce the offenses 
     set forth in the Act of August 15, 1935 (49 Stat. 651; D.C. 
     Code 22-2701 et seq.) (relating to prostitution and 
     pandering), including information regarding the number of 
     prosecutions, the number of convictions, and an 
     identification of multiple-defendant cases and the results 
     thereof.
       (2) Studies.--Subject to availability of appropriations, 
     the head of the National Institute of Justice shall conduct--
       (A) a comprehensive study to examine the use of Internet-
     based businesses and services by criminal actors in the sex 
     industry, and to disseminate best practices for investigation 
     and prosecution of trafficking and prostitution offenses 
     involving the Internet; and
       (B) a comprehensive study to examine the application of 
     State human trafficking statutes, including such statutes 
     based on the model law developed by the Department of 
     Justice, cases prosecuted thereunder, and the impact, if any, 
     on enforcement of other State criminal statutes.
       (3) Studies previously required by law.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Attorney General shall report to the Committee on Foreign 
     Affairs and the Committee on the Judiciary of the House of 
     Representatives and the Committee on Foreign Relations and 
     the Committee on the Judiciary of the Senate on the status of 
     the studies required by paragraph (B)(i) and (ii) of section 
     201(a)(1) of the Trafficking Victims Protection 
     Reauthorization Act of 2005 (42 U.S.C. 14044(a)(1)) and 
     indicate the projected date when such studies will be 
     completed.

     SEC. 238. PROCESSING OF CERTAIN VISAS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Foreign Affairs and the 
     Committee on the Judiciary of the House of Representatives 
     and the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate a report on the operations of the 
     specially-trained Violence Against Women Act Unit at the 
     Citizenship and Immigration Service's Vermont Service Center.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) Detailed information about the funds expended to 
     support the work of the Violence Against Women Act Unit at 
     the Vermont Service Center.
       (2) A description of training for adjudicators, victim 
     witness liaison officers, managers, and others working in the 
     Violence Against Women Act Unit, including general training 
     and training on confidentiality issues.
       (3) Measures taken to ensure the retention of specially-
     trained staff within the Violence Against Women Act Unit.
       (4) Measures taken to ensure the creation and retention of 
     a core of supervisory staff within the Violence Against Women 
     Act Unit and the Vermont Service Center with responsibility 
     over resource allocation, policy, program development, 
     training and other substantive or operational issues 
     affecting the Unit, who have historical knowledge and 
     experience with the Trafficking Victims Protection Act of 
     2000, the Violence Against Women Act of 1994, Violence 
     Against Women Act of 1994 confidentiality, and the 
     specialized policies and procedures of the Department of 
     Homeland Security and its predecessor agencies in such cases.
       (5) Measures taken to ensure routine consultation between 
     the Violence Against Women Act Unit, U.S. Citizenship and 
     Immigration Services Headquarters, and the Office of Policy 
     and Strategy during the development of any Department of 
     Homeland Security regulations or policies that impact 
     Violence Against Women Act of 1994 confidentiality-protected 
     victims and their derivative family members.
       (6) Information on any circumstances in which victim-based 
     immigration applications have been adjudicated by entities 
     other than the Violence Against Women Act Unit at the Vermont 
     Service Center, including reasons for such action and what 
     steps, if any, were taken to ensure that such applications 
     were handled by trained personnel and what steps were taken 
     to comply with the confidentiality provisions of the Violence 
     Against Women Act of 1994.
       (7) Information on the time in which it takes to adjudicate 
     victim-based immigration applications, including the issuance 
     of visas, work authorization and deferred action in a timely 
     manner consistent with the safe and competent processing of 
     such applications, and steps taken to improve in this area.

     SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR 
                   SERVICES.

       (a) Increase in Fee.--Notwithstanding any other provision 
     of law, not later than October 1, 2009, the Secretary of 
     State shall increase by $1 the fee or surcharge assessed 
     under section 140(a) of the Foreign Relations Authorization 
     Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 
     1351 note) for processing machine-readable nonimmigrant visas 
     and machine-readable combined border crossing identification 
     cards and nonimmigrant visas.
       (b) Deposit of Amounts.--Notwithstanding section 140(a)(2) 
     of the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (Public Law 103-236; 8 U.S.C. 1351 note), the 
     additional amount collected pursuant the fee increase under 
     subsection (a) shall be deposited in the Treasury.
       (c) Duration of Increase.--The fee increase authorized 
     under subsection (a) shall terminate on the date that is 3 
     years after the first date on which such increased fee is 
     collected.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

     SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

       Section 113 of the Trafficking Victims Protection Act of 
     2000, as amended by section 213(a)(2), 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 ``$12,500,000 for each of the 
     fiscal years 2008 through 2011'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``2004, 2005, 2006, and 2007'' each place 
     it appears and inserting ``2008 through 2011''; and
       (ii) in subparagraph (B), by adding at the end the 
     following: ``To carry out the purposes of section 
     107(a)(1)(F), there are authorized to be appropriated to the 
     Secretary of State $1,000,000 for each of the fiscal years 
     2008 through 2011.'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraph (3) as paragraph (2); and
       (D) in paragraph (2), as redesignated--
       (i) by striking ``section 104'' and inserting ``sections 
     116(f) and 502B(h) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(f) and 2304(h))''; and
       (ii) by striking ``, including the preparation'' and all 
     that follows and inserting a period;
       (4) in subsection (d)--
       (A) in the first sentence, by striking ``$5,000,000'' and 
     all that follows through ``2007'' and inserting ``$10,000,000 
     for each of the fiscal years 2008 through 2011''; and
       (B) in the second sentence, by striking ``2004, 2005, 2006, 
     and 2007'' and inserting ``2008 through 2011'';
       (5) in subsection (e)--
       (A) in paragraph (1), by striking ``$5,000,000'' and all 
     that follows and inserting ``$15,000,000 for each of the 
     fiscal years 2008 through 2011.'';
       (B) in paragraph (2)--
       (i) by striking ``section 109'' and inserting ``section 134 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d)''; 
     and
       (ii) by striking ``$5,000,000'' and all that follows and 
     inserting ``$15,000,000 for each of the fiscal years 2008 
     through 2011.''; and
       (C) in paragraph (3), by striking ``$300,000'' and all that 
     follows and inserting ``$2,000,000 for each of the fiscal 
     years 2008 through 2011.'';
       (6) in subsection (f), by striking ``$5,000,000'' and all 
     that follows and inserting ``$10,000,000 for each of the 
     fiscal years 2008 through 2011.'';
       (7) in subsection (h), by striking ``fiscal year 2006'' and 
     inserting ``each of the fiscal years 2008 through 2011''; and
       (8) in subsection (i), by striking ``2006 and 2007'' and 
     inserting ``2008 through 2011''.

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

       The Trafficking Victims Protection Reauthorization Act of 
     2005 (Public Law 109-164) is amended--

[[Page H10901]]

       (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 ``$1,500,000 for each of the fiscal years 2008 
     through 2011''; and
       (B) in paragraph (2), by striking ``2006 and 2007'' and 
     inserting ``2008 through 2011'';
       (3) in section 202(d), by striking ``$10,000,000 for each 
     of the fiscal years 2006 and 2007'' and inserting 
     ``$8,000,000 for each of the fiscal years 2008 through 
     2011'';
       (4) in section 203(g), by striking ``2006 and 2007'' and 
     inserting ``2008 through 2011''; and
       (5) in section 204(d), by striking ``$25,000,000 for each 
     of the fiscal years 2006 and 2007'' and inserting 
     ``$20,000,000 for each of the fiscal years 2008 through 
     2011''.

     SEC. 303. RULE OF CONSTRUCTION.

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

     SEC. 304. TECHNICAL AMENDMENTS.

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

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Child Soldiers Prevention 
     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 15 years of age who has been 
     voluntarily recruited into governmental armed forces; or
       (iv) any person under 18 years of age who has been 
     recruited or used in hostilities by armed forces distinct 
     from the armed forces of a state; and
       (B) includes any person described in clauses (ii), (iii), 
     or (iv) of subparagraph (A) who is serving in any capacity, 
     including in a support role such as a cook, porter, 
     messenger, medic, guard, or sex slave.

     SEC. 403. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States Government should condemn the 
     conscription, forced recruitment, or use of children by 
     governments, paramilitaries, or other organizations;
       (2) the United States Government should support and, to the 
     extent practicable, lead efforts to establish and uphold 
     international standards designed to end the abuse of human 
     rights described in paragraph (1);
       (3) the United States Government should expand ongoing 
     services to rehabilitate recovered child soldiers and to 
     reintegrate such children back into their respective 
     communities by--
       (A) offering ongoing psychological services to help such 
     children--
       (i) to recover from the trauma suffered during their forced 
     military involvement;
       (ii) to relearn how to interact with others in nonviolent 
     ways so that such children are no longer a danger to their 
     respective communities; and
       (iii) by taking into consideration the needs of girl 
     soldiers, who may be at risk of exclusion from disarmament, 
     demobilization, and reintegration programs;
       (B) facilitating reconciliation with such communities 
     through negotiations with traditional leaders and elders to 
     enable recovered abductees to resume normal lives in such 
     communities; and
       (C) providing educational and vocational assistance;
       (4) the United States should work with the international 
     community, including, as appropriate, third country 
     governments, nongovernmental organizations, faith-based 
     organizations, United Nations agencies, local governments, 
     labor unions, and private enterprises--
       (A) to bring to justice rebel and paramilitary forces that 
     kidnap children for use as child soldiers;
       (B) to recover those children who have been abducted; and
       (C) to assist such children to be rehabilitated and 
     reintegrated into their respective communities;
       (5) the Secretary of State, the Secretary of Labor, and the 
     Secretary of Defense should coordinate programs to achieve 
     the goals described in paragraph (3);
       (6) United States diplomatic missions in countries in which 
     the use of child soldiers is an issue, whether or not such 
     use is supported or sanctioned by the governments of such 
     countries, should include in their mission program plans a 
     strategy to achieve the goals described in paragraph (3);
       (7) United States diplomatic missions in countries in which 
     governments use or tolerate child soldiers should develop 
     strategies, as part of annual program planning--
       (A) to promote efforts to end such abuse of human rights; 
     and
       (B) to identify and integrate global best practices, as 
     available, into such strategies to avoid duplication of 
     effort; and
       (8) in allocating or recommending the allocation of funds 
     or recommending candidates for programs and grants funded by 
     the United States Government, United States diplomatic 
     missions should give serious consideration to those programs 
     and candidates that are expected to promote the end to the 
     abuse of human rights described in this section.

     SEC. 404. PROHIBITION.

       (a) In General.--Subject to subsections (b), (c), and (d), 
     the authorities contained in section 516 or 541 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763) 
     may not be used to provide assistance to, and no licenses for 
     direct commercial sales of military equipment may be issued 
     to, the government of a country that is clearly identified, 
     pursuant to subsection (b), for the most recent year 
     preceding the fiscal year in which the authorities or license 
     would have been used or issued in the absence of a violation 
     of this title, as having governmental armed forces or 
     government-supported armed groups, including paramilitaries, 
     militias, or civil defense forces, that recruit and use child 
     soldiers.
       (b) Identification and Notification to Countries in 
     Violation of Standards.--
       (1) Publication of list of foreign governments.--The 
     Secretary of State shall include a list of the foreign 
     governments that have violated the standards under this title 
     and are subject to the prohibition in subsection (a) in the 
     report required under section 110(b) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(b)).
       (2) Notification of foreign countries.--The Secretary of 
     State shall formally notify any government identified 
     pursuant to subsection (a).
       (c) National Interest Waiver.--
       (1) Waiver.--The President may waive the application to a 
     country of the prohibition in subsection (a) if the President 
     determines that such waiver is in the national interest of 
     the United States.
       (2) Publication and notification.--Not later than 45 days 
     after each waiver is granted under paragraph (1), the 
     President shall notify the appropriate congressional 
     committees of the waiver and the justification for granting 
     such waiver.
       (d) Reinstatement of Assistance.--The President may provide 
     to a country assistance otherwise prohibited under subsection 
     (a) upon certifying to the appropriate congressional 
     committees that the government of such country--
       (1) has implemented measures that include an action plan 
     and actual steps to come into compliance with the standards 
     outlined in section 404(b); and
       (2) has implemented policies and mechanisms to prohibit and 
     prevent future government or government-supported use of 
     child soldiers and to ensure that no children are recruited, 
     conscripted, or otherwise compelled to serve as child 
     soldiers.
       (e) Exception for Programs Directly Related to Addressing 
     the Problem of Child Soldiers or Professionalization of the 
     Military.--
       (1) In general.--The President may provide assistance to a 
     country for international military education, training, and 
     nonlethal supplies (as defined in section 2557(d)(1)(B) of 
     title 10, United States Code) otherwise prohibited under 
     subsection (a) upon certifying to the appropriate 
     congressional committees that--
       (A) the government of such country is taking reasonable 
     steps to implement effective measures to demobilize child 
     soldiers in its forces or in government-supported 
     paramilitaries and is taking reasonable steps within the 
     context of its national resources to provide demobilization, 
     rehabilitation, and reintegration assistance to those former 
     child soldiers; and
       (B) the assistance provided by the United States Government 
     to the government of such country will go to programs that 
     will directly support professionalization of the military.
       (2) Limitation.--The exception under paragraph (1) may not 
     remain in effect for a country for more than 5 years.

     SEC. 405. REPORTS.

       (a) Investigation of Allegations Regarding Child 
     Soldiers.--United States missions

[[Page H10902]]

     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 a description of the use of child soldiers in 
     each foreign country, including--
       (1) trends toward improvement in such country of the status 
     of child soldiers or the continued or increased tolerance of 
     such practices; and
       (2) the role of the government of such country in engaging 
     in or tolerating the use of child soldiers.
       (c) Annual Report to Congress.--If, during any of the 5 
     years following the date of the enactment of this Act, a 
     country is notified pursuant to section 404(b)(2), or a 
     wavier is granted pursuant to section 404(c)(1), the 
     President shall submit a report to the appropriate 
     congressional committees not later than June 15 of the 
     following year. The report shall include--
       (1) a list of the countries receiving notification that 
     they are in violation of the standards under this title;
       (2) a list of any waivers or exceptions exercised under 
     this title;
       (3) justification for any such waivers and exceptions; and
       (4) a description of any assistance provided under this 
     title pursuant to the issuance of such waiver.

     SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.

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

     SEC. 407. 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.

  Mr. SMITH of New Jersey. Mr. Speaker, the Trafficking Victims 
Protection Act of 2000, Public Law 106-386, has made, I believe, an 
enormous positive difference in our efforts to end modern-day slavery, 
a nefarious enterprise that nets the exploiters billions of dollars 
each year.
  The 7-year-old landmark law and its numerous reinforcing provisions 
to prevent trafficking, to protect victims and to prosecute to the max 
those who traffic, has been a model statute worldwide. Indeed, many of 
its provisions have been adopted into law in whole or in part by 
governments around the world.
  Mr. Speaker, the TVPA of 2000 does not pull any punches. By naming 
the names of countries out of compliance with what we call minimum 
standards and by imposing smart sanctions that are prescribed in the 
act, the withholding of nonhumanitarian aid, for example, we have 
signaled to the world that ending this egregious practice is among the 
highest priorities of the United States.
  By protecting the victims and not sending them back to their home 
country where they are often exploited in a vicious cycle of 
exploitation, we say to the victims we will make every effort to make 
you safe and secure. By prosecuting the traffickers and imposing 
serious jail time, we are telling these exploiters we are coming after 
you, we will hunt you down, and you are going to pay for your crimes.
  Since the enactment of the TVPA, the traffickers here and abroad are 
increasingly likely to face prosecution and conviction. In the 7-year 
period before its enactment, DOJ prosecuted 91 suspected traffickers. 
In the last 7 years, the Justice Department has prosecuted 449, 
representing a 339 percent increase. The Department has secured 342 
convictions and guilty pleas, compared with 74 in the same period prior 
to the act. And it has opened 822 new investigations, an almost five-
fold increase over the 135 opened prior to implementation of the law. 
Worldwide, nearly 5,700 traffickers were prosecuted last year alone, 
and more than 3,400 were convicted.
  Notwithstanding these successes, it is clear that more has to be done 
to destroy this mob-infested, criminal enterprise known as human 
trafficking. According to research sponsored by the U.S. Government and 
completed in 2006, approximately 800,000 people are trafficked 
internationally and millions more are trafficked within their country. 
According to the same research, the vast majority of transnational 
victims, almost 80 percent, are women and girls, and almost half of 
those 800,000 victims are minors. These figures are low compared to 
those posited by the International Labor Organization, which estimates 
12.3 million people are subjected to forced labor, bonded labor, forced 
child labor, and sexual servitude.
  The continued imperative to fight modern-day slavery was again 
brought home to me while I was in Russia last week. At the same time as 
I was participating in meetings with Russian officials about how to 
improve our respective countries' efforts to fight human trafficking, 
the news media was reporting that a man who was living in my home state 
of New Jersey--just outside my district--had been accused of engaging 
in sex trafficking. This individual with dual U.S-Russian citizenship 
allegedly was traveling to St. Petersburg and hiring out 13- and 14-
year old girls from an orphanage as prostitutes after he himself had 
sexually abused them. This case highlights the fact that we all 
potentially have traffickers living in our neighborhoods, and we must 
do more to protect our children and children everywhere in the world.
  The bill before us today, Mr. Speaker, is a very good piece of 
bipartisan legislation, and it aims to do just that by updating, 
expanding, and improving the TPVA.
  There have been lessons learned since the first law was enacted 8 
years ago and subsequently reauthorized in 2003 and 2005. They are 
incorporated into this legislation as we try to do an even better job 
in mitigating the suffering of the victims while simultaneously going 
after those who traffic and the countries that harbor traffickers who 
are also part of the problem themselves.
  The bill is appropriately named after William Wilberforce, who was 21 
years old when he was elected to the House of Commons in 1780. John 
Newton, the former slave captain turned convert to Christ, encouraged 
Wilberforce as well as others to fight the battle against slavery. 
Wilberforce agreed and then poured his heart into that battle.
  Wilberforce once said: ``Never, never will we desist until we 
extinguish every trace of this bloody traffic to which our posterity, 
looking back to the history of those enlightened times, will scarce 
believe that it has been suffered to exist so long to disgrace and 
dishonor this country.''
  He also said: ``So enormous, so dreadful, so remediable did the 
trade's wickedness quickly appear that my own mind was completely made 
up for its abolition.'' We need to fight with Wilberforce-like tenacity 
against this modern-day slave trade.
  One of the most prominent provisions of the original TVPA was the 
establishment of the tier-ranking system that indicates how well or 
poorly a country is conforming to the minimum standards. We found when 
we created the watch list that some of the countries began to realize 
they could be ``parked'' there with no serious consequence for their 
failure. Tier 2 watch list countries found there was no penalty even 
though they made no improvements. That has to change: Two years and 
then you are off the watch list, up or down. If significant 
improvements fail to materialize, or the country fails to come up with 
a written plan to eliminate trafficking and devote sufficient resources 
to implement that plan, the country is put on tier three, subject to 
penalties.
  Mr. Speaker, the William Wilberforce Act would also clarify a 
provision in the original TVPA--that should never have required 
clarification--that the Secretary of Health and Human Services must 
make initial determinations of benefit eligibility for minors who are 
potential trafficking victims, without the involvement of either the 
Attorney General or Secretary of Homeland Security. This should rectify 
an erroneous interpretation and application of the law by these 
agencies, and facilitate the immediate assistance desperately needed by 
children rescued from exploitative and traumatic situations.
  Among the many other important provisions of this bill, calls for 
investigations by the Inspector Generals of the Department of Defense, 
State Department and the United States Agency for International 
Development, respectively, into ascertain contracts awarded by those 
agencies. The IGs' attention would be directed to contracts that carry 
a risk of encouraging human trafficking, including instances where a 
contractor or subcontractor may be engaging in the procurement of a 
commercial sex act. The reports to be submitted to Congress subsequent 
to these investigations will be valuable in ascertaining the commitment 
of our own government in combating human trafficking, and provide an 
example to be emulated by other governments as well.
  Finally, Mr. Speaker, I would emphasize that effective cooperation, 
and especially the bipartisan cooperation we see here today, and 
partnership with other countries, is essential if we are to win this 
winnable war. Without it, we are doomed to either meager results or 
outright failure. With so many lives hanging in the balance, failure 
simply is not an option. None of us alone can stop human trafficking. 
Too much evil is involved here, and the prospect of making billions has 
enticed some of the most unsavory and cruel individuals on Earth, 
including organized crime. Too much demand, enabled by crass 
indifference, unbridled hedonism and misogynistic attitudes has turned 
people, especially women, into objects, only valued for their utility 
in the brothel or in the sweatshop. And the relative lack of visibility

[[Page H10903]]

makes the task of combating trafficking all the more difficult.
  Trafficking, like germs, infection and disease, thrives in shadowy 
and murky places. But the contagion slows and it even dies when exposed 
to the light. This legislation brings more light, bright light, to this 
problem; and it will act as a powerful disinfectant.
  So the challenge to us today is to bring this new light, the bright 
light of sustained scrutiny and enacting good laws, like this one, and 
then implementing them aggressively. We need to employ best practices 
and well-honed strategies in order to win the freedom of the slaves and 
to spare others unspeakable agony.
  Together, we can make the pimps and the exploiters pay by doing 
serious jail time as well as the forfeiture of their assets, their 
boats, their villas, and their fat bank accounts.
  We can end this barbaric, cruel modern-day slavery. Make no mistake 
about it, this is a winnable war but we need to fight in a way so as to 
win. This legislation further propels us in that fight, and we will win 
this and the slaves will be free.
  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise in support of 
H.R. 7311, the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 and applaud its passage in the House.
  This Act will allow for appropriations through 2011 to assist in 
combating human trafficking and to further provide protection for 
victims of human sex trafficking in the United States.
  As the Chairwoman of the Committee on Homeland Security Subcommittee 
on Border, Maritime and Counterterrorism, I held a series of hearings 
entitled ``Crossing the Border: Immigrants in Detention and Victims of 
Trafficking.'' These hearings identified and discussed many urgent 
issues related to the prevention of human trafficking and assistance 
for victims of human trafficking.
  These issues impact countries around the world, whether they are a 
source of or destination for trafficked persons. Official estimates 
show that between 2 to 4 million persons are trafficked each year, 
including approximately 17,500 individuals who are trafficked into the 
United States.
  The United States must also work to improve its efforts to combat 
trafficking within our own borders. This bill will assist with 
enhancing the rights of victims, who are trafficked into the United 
States, and will provide special protections to child victims.
  At the same time, we must continue to work on this issue in our local 
communities. In my district, a number of agencies, including law 
enforcement, service providers, and community organizations have joined 
together to form the Orange County Human Trafficking, Task Force 
(OCHTTF). I am very proud of the Task Force's work to reduce human 
trafficking in southern California, and I urge my colleagues to support 
these types of task forces as communities around the country work to 
stop human trafficking
  H.R. 7311 also provides critical assistance to victims seeking relief 
and access to special U.S. visas to protect them from their 
traffickers.
  I am proud to support this legislation which is an important step in 
the worldwide fight against human trafficking.
  Mr. BERMAN. Mr. Speaker, I, in concert with Mr. Conyers, the Chairman 
of the Committee on the Judiciary, make the following explanatory 
statement regarding H.R. 7311, the William Wilberforce Trafficking 
Victims Reauthorization Act of 2008.

       H.R. 7311, the William Wilberforce Trafficking Victims 
     Reauthorization Act of 2008, reauthorizes existing U.S. 
     programs to combat human trafficking and establishes new 
     requirements and programs regarding trafficking into both 
     sexual exploitation and forced labor. Among a wide range of 
     initiatives, the bill establishes new programs to prevent 
     trafficking from occurring in foreign countries where 
     trafficking begins, widens U.S. assistance programs to U.S. 
     citizens, and provides additional protections for trafficking 
     survivors who are threatened by trafficking perpetrators, and 
     for children who are at risk of being repatriated into the 
     hands of traffickers or abusers.
       The Wilberforce Act also improves upon existing criminal 
     prohibitions against human traffickers, including 
     streamlining in the Slavery/Trafficking chapter of the 
     federal criminal code, and creating new criminal tools to 
     reach unscrupulous labor recruiters. Unlike previous 
     reauthorizations, this reauthorization is for four years, 
     from fiscal years 2008 to 2011, recognizing that U.S. anti-
     trafficking programs have become more established. The bill 
     reflects an effort to develop a consensus between H.R. 3887, 
     passed by the House on December 4, 2007, and S. 3061, ordered 
     reported by the Senate Judiciary Committee on September 8, 
     2008. The legislation draws from the common approaches in 
     both bills and develops alternative proposals where the two 
     bills diverge. This explanatory statement draws attention to 
     changes in several provisions of the bill from the approach 
     in H.R. 3887. Many of the provisions of the bill and the 
     intent behind them that are closely aligned with the original 
     provisions of H.R. 3887 are described in the House Report 
     110-430, part I, the report accompanying H.R. 3887.

                                Title I

       Title I of the bill draws from substantially similar 
     positions in both the House and the Senate bills.


         Section 102. Office to Monitor and Combat Trafficking

       Section 102 provides more targeted amendments to section 
     105 of the Trafficking Victims Protection Act of 2000 with 
     essentially the same objectives of requiring the 
     establishment of the Office, promoting public-private 
     partnerships to end trafficking and clarifying the role of 
     the Director of the Office with regard to funding programs. 
     Although the bill does not include several provisions from 
     H.R. 3887, this should not be seen as failing to recognize 
     the importance of the Office or the Director. The Office has 
     been very effective in raising the awareness of the 
     trafficking issue and should be considered for space in the 
     new consolidated plan for relocating offices of the 
     Department of State closer to the Harry S. Truman Building. 
     When the head of the Office was changed to an Ambassadorial 
     position, the pay rate for the position was actually reduced. 
     That decision should be reassessed.


   Section 105. Increasing Effectiveness of Anti-Trafficking Programs

       This section draws from similar versions of both H.R. 3887 
     and S. 3061. In the new section 107A of the Trafficking 
     Victims Protection Act of 2000, subsection (b) requires a 
     self-certification that persons or entities providing 
     services directly to trafficking victims have completed or 
     will complete training. This self-certification, which is not 
     expected to be monitored in every case by the U.S. 
     Government, is intended to apply primarily to persons 
     actually in direct contact with and providing services to the 
     trafficking victims, not interns, other volunteers or 
     administrative or supervisory staff of organizations involved 
     in the assistance.


   Section 106. Minimum Standards for the Elimination of Trafficking

       This section, similar in both bills, makes a number of 
     changes to section 108 of the Trafficking Victims Protection 
     Act of 2000. With respect to the deletion of ``a significant 
     number of'', the provision is intended to ensure that the 
     broadest range of countries is reviewed by the Department. 
     This section also separates out the provision regarding 
     reducing the demand for commercial sex acts and participation 
     in international sex tourism as a criteria for whether a 
     country is making serious and sustained efforts to combat 
     trafficking in persons, highlighting the importance of making 
     progress in this area as the Office to Monitor and Combat 
     Trafficking in Persons makes its decisions on tier ratings.

                                Title II

       Title II reflects a number of changes to U.S. law, 
     including amendments to the Immigration & Nationality Act 
     (INA), and Title 18 of the United States Code (related to 
     federal crimes). Many of the provisions, particularly those 
     relating to amendments to the INA, were similar in H.R. 3887 
     and S. 3061.


    Section 201. Protecting Trafficking Victims Against Retaliation

       Section 201 provides a number of modifications to 
     provisions relating to the T and U visa category, drawing 
     from both H.R. 3887 and S. 3061. Among other matters, this 
     section provides that a holder of a non-immigrant visa under 
     Sections 101(A)(15)((T) or (U) of the Immigration and 
     Nationality Act can adjust to permanent residency even if 
     their T or U visas may have lapsed in the time period in 
     which the adjustment regulations had not been promulgated. 
     While adjustment regulations were released on December 8, 
     2008, and will control in the future, this provision is 
     included as a stop-gap measure for those petitioners whose 
     adjustment petitions were not processed because of the 
     government's failure to issue regulations until that time.


Section 203. Protections, Remedies and Limitations on Issuance for A-3 
                             and G-5 Visas.

       This section addresses the issues of employees of diplomats 
     and officers and employees of international organizations who 
     perform domestic services in the homes of such 
     individuals, drawing from provisions in section 110 of 
     H.R. 3887 as well as section 203 of S. 3061. This 
     provision is sensitive because of its effects on 
     reciprocity to U.S. diplomats abroad. However, the failure 
     of the Department of State to take seriously cases 
     involving abuse has been troubling, and this provision 
     establishes a new framework for dealing with these cases. 
     In particular, subsection (a)(2) provides that the 
     Secretary of State shall suspend the issuance of certain 
     visa classes to applicants seeking to work for officials 
     of diplomatic missions or international organization ``if 
     the Secretary determines that there is credible evidence 
     that 1 or more employees of such mission or international 
     organization have abused or exploited 1 or more A-3 or G-5 
     non-immigrants and that the diplomatic mission or 
     international organization tolerated such actions.'' It is 
     expected that if the Department of Justice or another part 
     of the U.S. Government provides information that such an 
     act has occurred, or a non-governmental organization 
     provides such information, and the information is 
     credible, the Department should take steps to make the 
     mission or organization aware of such information, and if 
     the mission or organization does not take

[[Page H10904]]

     steps to rectify the situation, the denials of the visas 
     provided under this section should start.


                          Section 222. Crimes

       This section contains a number of modifications to the 
     federal criminal code. Section 222 conforms the various 
     crimes set forth in Title 18, United States Code, Chapter 77 
     ((Peonage, Slavery, and Trafficking in Persons) by extending 
     the obstruction provisions of the Peonage statute (Section 
     1581) to the other substantive servitude offenses, by 
     creating conspiracy liability within the Chapter, and by 
     improving the treatment of restitution and asset forfeiture. 
     None of those provisions are intended to foreclose the use of 
     corresponding sections of the criminal code, where 
     appropriate.
       Section 222 also clarifies the definition of coercion in 
     the core offenses created by the Trafficking Victims 
     Protection Act, which responded to the Supreme Court's 
     narrowing of the federal Involuntary Servitude statutes in 
     United States v. Kozminski, 487 U.S. 931 (1988). Section 1589 
     covers offenses involving forms of forced labor, while 
     Section 1591 is in the context of commercial sexual activity 
     and can also be violated when a person uses a child for 
     prostitution, as children are unable to give consent to 
     commercial sexual activity. Those offenses returned the legal 
     standard for a servitude conviction to the modern approach 
     reflected in such cases as United States v. Mussry, 726 F.2d 
     1448 ( 9th Cir. 1984) and the lower court decisions in 
     Kozminski (allowing conviction in servitude cases involving 
     psychological coercion as well as overt violence).
       Accordingly, the Trafficking Victims Protection Act of 2000 
     crafted Section 1589 and 1591 to only require a showing of a 
     threat of ``serious harm,'' or of a scheme, plan, or pattern 
     intended to cause a person to believe that such harm would 
     occur. The term ``serious harm'' refers to a broad array of 
     harms, including both physical and nonphysical, and is 
     intended to be subjectively construed in determining whether 
     a particular type or certain degree of harm or coercion is 
     sufficient to overcome a particular victim's will. Section 
     222 further clarifies these concepts to reflect the various 
     and subtle forms of coercion used by traffickers in light of 
     the experiences of prosecutors and non-governmental 
     organizations in combating trafficking and assisting victims. 
     Such modification was contemplated by the drafters of the 
     Trafficking Victims Protection Act of 2000 (Pub. Law 106-
     386): ``[T]he conferees are aware that the Department of 
     Justice may seek additional statutory changes in future years 
     to further address the issues raised in Kozminski, as courts 
     and prosecutors develop experience with the new crimes 
     created by this Act.'' Conference Report Accompanying H.R. 
     3244, House Rep. 106-939, 106th Cong. 2nd Sess. 101 (printed 
     in 146 Cong. Record H8855, H8881).
       Thus, Section 222 clarifies that ``[t]he term `abuse or 
     threatened abuse of law or legal process' means the use or 
     threatened use of a law or legal process, whether 
     administrative, civil or criminal, in any manner or for any 
     purpose for which the law was not designed, in order to exert 
     pressure on another person to cause that person to take some 
     action or refrain from taking some action,'' and that ``The 
     term `serious harm' means any harm, whether physical or 
     nonphysical, including psychological, financial, or 
     reputational harm, that is sufficiently serious, under all 
     the surrounding circumstances, to compel a reasonable person 
     of the same background and in the same circumstances to 
     perform or to continue performing [in the case of section 
     1589, labor or services, or, in the case of section 1591, 
     commercial sexual activity] in order to avoid incurring that 
     harm.'' It is contemplated that these refinements will 
     streamline the jury's consideration in cases involving 
     coercion and will more fully capture the imbalance of power 
     between trafficker and victim. A scheme, plan, or pattern 
     intended to inculcate a belief of serious harm may refer to 
     nonviolent and psychological coercion, including but not 
     limited to isolation, denial of sleep and punishments, or 
     preying on mental illness, infirmity, drug use or addictions 
     (whether pre-existing or developed by the trafficker). 
     ``Commercial sexual activity'' in this context is not limited 
     to a particular sex act, but would include all aspects of 
     prostitution, including time under the defendant's control in 
     which the victim is not engaged with clients.
       Another modification to Chapter 77 made by section 222 
     involves the level of scienter necessary for a violation of 
     Section 1591. The current standard is enhanced through the 
     addition of a ``reckless disregard'' option. Such an approach 
     is well-established in other federal criminal statutes, and 
     would have the advantage of reaching those who turn a 
     willfully blind eye toward a person in commercial sexual 
     activity who is being physically abused or is underage. Such 
     an approach puts the responsibility on participants in 
     commercial sex activity to not ignore indicia of abuse, such 
     as bruising or distress, or indicia of youth on the part of 
     those whom they recruit, entice, harbor, transport, provide, 
     obtain, or maintain.
       Additionally, a special evidentiary provision is added for 
     those cases under Section 1591(a)(1) in which criminal 
     liability attaches not because of the use of coercion but 
     because of the use of a minor for commercial sexual activity. 
     In such cases, the prosecution will be exempted from having 
     to prove beyond a reasonable doubt that a defendant who had a 
     reasonable opportunity to observe the person recruited, 
     enticed, harbored, transported, provided, obtained or 
     maintained knew that the person had not attained the age of 
     18 years. This special evidentiary provision reflects a 
     similar provision in the aggravated sexual abuse offense, 
     Title 18, United States Code, Section 2241(d), and is crafted 
     in light of United States v. X-Citement Video, 513 U.S. 64, 
     70, n.2 (1994) (exception from presumption of mens rea more 
     appropriate in statutes in which perpetrator necessarily 
     ``confronts the underage victim personally and may reasonably 
     be required to ascertain that victim's age''). This approach 
     comports with numerous appellate decisions in related areas 
     of the law, such as the Mann Act. See, e.g., United States v. 
     Jones, 471 F.3d 535 (4th Cir. 2006).
       Section 222 also creates a new fraud crime, Title 18, 
     United States Code, Section 1351, which prohibits the 
     recruiting, solicitation, or hiring, with intent to defraud, 
     foreign persons to be employed in the United States through 
     false pretenses, representations, or promises about their 
     employment. For the purposes of this provision, 
     ``employment'' is presumed to include, but not be limited to, 
     such issues as terms and conditions of employment, housing, 
     labor broker fees, employer or broker-provided food and 
     transportation, ability to work outside of the offered place 
     of employment, and other material aspects of the recruited 
     person's work and life in America. This statute is intended 
     to capture situations in which exploitative employers and 
     recruiters have lured heavily-indebted workers to the United 
     States, but did not obtain their labor or services through 
     coercion sufficient to reach the level of the Chapter 77 
     Slavery/Trafficking offenses. Press accounts and 
     Congressional briefings have highlighted cases with facts as 
     egregious as situations in which defrauded workers were 
     stranded in fenced compounds, reduced to catching pigeons for 
     food and collecting rainwater to drink, all the while facing 
     bankruptcy because of brokerage charges and debt incurred in 
     their home country in reliance on the recruiters' false 
     promises. This section will be of particular application in 
     cases involving employment-based immigration 
     (``guestworker'') programs, but is not limited to employment 
     under such a provision. This Section a five year statutory 
     maximum in recognition that the victims of fraudulent labor 
     recruiting are at high risk of being held in servitude, and 
     that prosecutors should not have to wait for the abuse to 
     rise to the highest levels of criminality before dismantling 
     these criminal organizations.
       H.R. 3887 updated Title 8, United States Code, Section 
     1328, a long-established statute that criminalizes the 
     importation of aliens for immoral purposes and the harboring 
     or employment of aliens so imported. The bill does not 
     include this update, but rather directs the U.S. Sentencing 
     Commission to assess the sentencing guideline pertaining to 
     alien harboring, 18 United States Code, Section 
     1324(a)(1)(A)(iii), to determine whether the guideline for 
     harboring should conform to the Mann Act guideline when the 
     harboring was committed in furtherance of prostitution and 
     the defendant is an organizer, leader, manager, or 
     supervisor. Section 1324 is a more modern statute, penalizing 
     harboring even without proof that it was done in furtherance 
     of illegal importation. The elements of a 1324 offense do not 
     vary based on the purpose for which the alien is being 
     harbored. For instance, there is no difference in the 
     knowledge required on the part of an employer, an alien 
     smuggler, or a trafficker that the alien had come to, 
     entered, or remained in the United States in violation of 
     law. Section 1328 remains an effective tool to reach those 
     who are kept in a brothel or other place in pursuance of 
     importation for an immoral purpose, but this review of the 
     sentencing structure is intended to guarantee that it will be 
     supplemented by the general harboring statute.


           Section 225 Promoting Effective State Enforcement

       This section, reflective of some of the goals of section 
     224 of the H.R. 3887, provides that nothing in previous acts 
     related to trafficking, this Act, and any model law related 
     to trafficking promulgated by the Department of Justice shall 
     be read to legitimize prostitution as a valid form of labor, 
     or to preempt, supplant or limit the effect of any State or 
     Federal criminal law. In particular, it should be noted that 
     financial transactions involving the proceeds of any 
     trafficking activities, or any failure to report income 
     obtained through any trafficking activities would remain 
     reachable by applicable federal statutes, irrespective of the 
     provision of section 225(a)(1).
       Many states have modernized archaic slavery or forced 
     prostitution statutes in line with the TVPA or the model 
     state laws promulgated by the Department of Justice or non-
     governmental organizations. In recognition that many state 
     statutes in the closely related area of prostitution 
     enforcement are also antiquated, the bill directs the 
     Department of Justice to supplement its current anti-
     trafficking model law with modern anti-prostitution models, 
     so that a holistic update is available for policymakers' use. 
     Section 225 will also require that the new model law be 
     distributed to each Attorney General as a means of promoting 
     the new model law. The bill also will result in dissemination 
     of a chapter of the Criminal Code of the District of Columbia 
     as an example of a statute that reaches as felonies cases 
     involving coercion, pandering, and exploitation alike.

[[Page H10905]]

                Section 238 Processing of Certain Visas

       Section 238 mandates a report from the Department of 
     Homeland Security concerning the work of the Violence Against 
     Women Act (VAWA) Unit at the U.S. Citizenship and Immigration 
     Services' Vermont Service Center. The VAWA Unit is a highly-
     trained adjudication team that is responsible for a number of 
     victim-related immigration applications, including but not 
     limited to: the adjudications, adjustments, work 
     authorizations, parole, fax-back benefits and employment 
     verification, naturalization, and derivative beneficiaries 
     related to such programs as Violence Against Women Act self-
     petitions (Section 101(a)(51) of the Immigration and 
     Nationality Act); T visas (Section 101(a)(15)(T) of the 
     Immigration and Nationality Act), U-visas (Section 
     101(a)(15)(U) of the Immigration and Nationality Act; 
     battered spouse waivers (Section 216(c)(4)); abused immigrant 
     work authorizations (Section 106 of the Immigration and 
     Nationality Act) and parole for children of Violence Against 
     Women Act cancellation recipients (Public Law 103-222, as 
     reauthorized by Public Laws 106-326, 108-193, 109-162, and 
     109-164) and any other matters that are protected by the 
     confidentiality provisions of the Violence Against Women Act.
       The mandated report seeks information on funding, staffing, 
     and training. The Unit should continue to be the responsible 
     office for the processing of victim-related immigration 
     applications, and such processing should be conducted in a 
     manner consistent with applicable confidentiality 
     requirements. Off-site adjudication of such applications 
     should be considered an extraordinary circumstance, and if 
     cases must be adjudicated elsewhere, special care should be 
     taken to ensure compliance with confidentiality and 
     adjudication standards of the Unit.
       Immigrant victims of domestic violence, sexual assault and 
     other violent crimes should not have to wait for up to a year 
     before they can support themselves and their families. The 
     Vermont Service Center should therefore strive to issue work 
     authorization and deferred action in most instances within 60 
     days of filing, consistent with the need for safe and 
     competent adjudication. The mandated report therefore seeks 
     information on the timing adjudications, and steps taken to 
     improve on this aspect of the Unit's mission.
       The staff of the Unit are widely respected as experts in 
     the effect of trauma and victimization and the heightened 
     confidentiality mandated by the Violence Against Women Act, 
     and have historically been not only an adjudication team but 
     a policy resource. The mandated report thus includes a 
     description of measures taken to ensure that the policy 
     expertise of the Unit is fully incorporated into decision-
     making by the Department of Homeland Security.


             Provisions from H.R. 3887 Not Included in Bill

       Several provisions from H.R. 3887 do not appear in this 
     version of the legislation. For example, the original House 
     bill attempted to streamline the investigation and 
     prosecution of certain sex trafficking and related offenses 
     by amending the Mann Act, 18 U.S.C. Sec. 2421, et seq. The 
     Wilberforce Act reflects a different consensus, and achieves 
     these ends through modifications to the Slavery/Trafficking 
     Chapter of Title 18 discussed above.
       Specific language regarding the surveys required by section 
     232 of H.R. 3887 is not included in the bill. However, the 
     provisions of paragraph (B)(i) and (ii) of section 201(a)(1) 
     of the Trafficking Victims Protection Reauthorization Act of 
     2005 (42 U.S.C. 14044(a)) still require that the surveys 
     contained in that provision be completed, and section 237(d) 
     requires the Department of Justice to provide the relevant 
     committees a report on the status of those surveys, including 
     the projected date when such surveys will be completed. Also, 
     section 234 of H.R. 3887 proposed a reorganization of 
     functions within the Department of Justice. The Department of 
     Justice should review the relationship between the Criminal 
     Section of the Civil Rights Division and the Child 
     Exploitation and Obscenity Section of the Criminal Division 
     and promote a coordinated approach to the trafficking 
     prosecutions that these Sections carry out. More critically, 
     the Department and the Federal Bureau of Investigation should 
     assess the division of labor within the Bureau as to 
     trafficking offenses, with particular emphasis on servitude 
     cases being considered a key civil rights enforcement 
     priority.
       Because efforts in the closely-related area of prostitution 
     enforcement are important to prevent situations from ripening 
     into servitude, the reporting requirements of Section 237 are 
     intended to gain a better understanding of the Criminal 
     Division and United States Attorneys Offices' activities to 
     enforce the Mann Act or those local prostitution offenses 
     that United States Attorneys may have jurisdiction over 
     through operation of the District of Columbia Criminal Code 
     or the Travel Act 18 U.S.C. Sec. 1952 or other racketeering 
     tools.

                               Title III

       Title III authorizes funds for programs, projects and 
     activities related to human trafficking. In order to promote 
     broad support for the bill, some of the authorization for 
     program funding was reduced to levels closer to previously 
     appropriated levels, and therefore represents a more 
     realistic target for future spending. Any reductions in 
     authorizations are not intended to indicate a decrease in the 
     importance of any programs, but indeed are intended to 
     encourage appropriations at those new levels. It should be 
     noted that Department of Homeland Security, Immigration and 
     Customs Enforcement is engaging in a number of important 
     investigatory activities abroad and should continue to be 
     fully supported.

                                Title IV

       Title IV is drawn from title IV of both H.R. 3887 and S. 
     3061. The two versions were substantially similar, and the 
     intent of title IV is described in House Report 110-430. As 
     in both bills, section 404, revised from the text of both 
     H.R. 3887 and S. 3061, provides that no assistance under 
     section 516 of the Foreign Assistance Act (relating to 
     transfers of excess defense articles), section 541 of the 
     Foreign Assistance Act (relating to international military 
     education and training) and section 23 of the Arms Export 
     Control Act (relating to foreign military financing) shall be 
     provided, and no licenses for commercial arm sales may be 
     issued, to countries that are determined to be using or 
     permitting the use of child soldiers in governmental armed 
     forces or government-supported armed forces. While requiring 
     enhanced reporting on child soldiers in the annual country 
     reports on human rights, the actual list of countries that 
     are subject to this prohibition will be included in the 
     annual Report on Trafficking in Persons, as provided for in 
     H.R. 3887, instead of the annual country reports, as provided 
     in S. 3061. The country reports should continue to be an 
     objective assessment of human rights conditions around the 
     world, and should not be used as the specific mechanism for 
     imposing sanctions or other matters affecting U.S. relations 
     with other countries.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________