[House Report 109-317]
[From the U.S. Government Publishing Office]



                                                                       
109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                            109-317, Part I

======================================================================



 
       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

                                _______
                                

               November 18, 2005.--Ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 972]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on International Relations, to whom was 
referred the bill (H.R. 972) to authorize appropriations for 
fiscal years 2006 and 2007 for the Trafficking Victims 
Protection Act of 2000, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    10
Background and Need for the Legislation..........................    11
Committee Consideration..........................................    13
Votes of the Committee...........................................    13
Committee Oversight Findings.....................................    13
New Budget Authority and Tax Expenditures........................    13
Congressional Budget Office Cost Estimate........................    13
Constitutional Authority Statement...............................    16
Section-by-Section Analysis......................................    16
New Advisory Committees..........................................    27
Congressional Accountability Act.................................    27
Federal Mandates.................................................    27
Committee Jurisdiction Letters...................................    28
Changes in Existing Law Made by the Bill, as Reported............    31

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

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

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and 
strengthen assistance programs for certain persons subject to 
trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in 
persons.
Sec. 205. Report to Congress.
Sec. 206. Definitions.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The United States has demonstrated international 
        leadership in combating human trafficking and slavery through 
        the enactment of the Trafficking Victims Protection Act of 2000 
        (division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and 
        the Trafficking Victims Protection Reauthorization Act of 2003 
        (Public Law 108-193).
          (2) The United States Government currently estimates that 
        600,000 to 800,000 individuals are trafficked across 
        international borders each year and exploited through forced 
        labor and commercial sex exploitation. An estimated 80 percent 
        of such individuals are women and girls.
          (3) Since the enactment of the Trafficking Victims Protection 
        Act of 2000, United States efforts to combat trafficking in 
        persons have focused primarily on the international trafficking 
        in persons, including the trafficking of foreign citizens into 
        the United States.
          (4) Trafficking in persons also occurs within the borders of 
        a country, including the United States.
          (5) No known studies exist that quantify the problem of 
        trafficking in children for the purpose of commercial sexual 
        exploitation in the United States. According to a report issued 
        by researchers at the University of Pennsylvania in 2001, as 
        many as 300,000 children in the United States are at risk for 
        commercial sexual exploitation, including trafficking, at any 
        given time.
          (6) Runaway and homeless children in the United States are 
        highly susceptible to being domestically trafficked for 
        commercial sexual exploitation. According to the National 
        Runaway Switchboard, every day in the United States, between 
        1,300,000 and 2,800,000 runaway and homeless youth live on the 
        streets. One out of every seven children will run away from 
        home before the age of 18.
          (7) Following armed conflicts and during humanitarian 
        emergencies, indigenous populations face increased security 
        challenges and vulnerabilities which result in myriad forms of 
        violence, including trafficking for sexual and labor 
        exploitation. Foreign policy and foreign aid professionals 
        increasingly recognize the increased activity of human 
        traffickers in post-conflict settings and during humanitarian 
        emergencies.
          (8) There is a need to protect populations in post-conflict 
        settings and humanitarian emergencies from being trafficked for 
        sexual or labor exploitation. The efforts of aid agencies to 
        address the protection needs of, among others, internally 
        displaced persons and refugees are useful in this regard. 
        Nonetheless, there is a need for further integrated programs 
        and strategies at the United States Agency for International 
        Development, the Department of State, and the Department of 
        Defense to combat human trafficking, including through 
        protection and prevention methodologies, in post-conflict 
        environments and during humanitarian emergencies.
          (9) International and human rights organizations have 
        documented a correlation between international deployments of 
        military and civilian peacekeepers and aid workers and a 
        resulting increase in the number of women and girls trafficked 
        into prostitution in post-conflict regions.
          (10) The involvement of employees and contractors of the 
        United States Government and members of the Armed Forces in 
        trafficking in persons, facilitating the trafficking in 
        persons, or exploiting the victims of trafficking in persons is 
        inconsistent with United States laws and policies and 
        undermines the credibility and mission of United States 
        Government programs in post-conflict regions.
          (11) Further measures are needed to ensure that United States 
        Government personnel and contractors are held accountable for 
        involvement with acts of trafficking in persons, including by 
        expanding United States criminal jurisdiction to all United 
        States Government contractors abroad.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

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

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

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

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

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

``Sec.
``3271. Trafficking in persons offenses committed by persons employed 
by or accompanying the Federal Government outside the United States.
``3272. Definitions.

``Sec. 3271. Trafficking in persons offenses committed by persons 
                    employed by or accompanying the Federal Government 
                    outside the United States

  ``(a) Whoever, while employed by or accompanying the Federal 
Government outside the United States, engages in conduct outside the 
United States that would constitute an offense under chapter 77 or 117 
of this title if the conduct had been engaged in within the United 
States or within the special maritime and territorial jurisdiction of 
the United States shall be punished as provided for that offense.
  ``(b) No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.

``Sec. 3272. Definitions

  ``As used in this chapter:
          ``(1) The term `employed by the Federal Government outside 
        the United States' means--
                  ``(A) employed as a civilian employee of the Federal 
                Government, as a Federal contractor (including a 
                subcontractor at any tier), or as an employee of a 
                Federal contractor (including a subcontractor at any 
                tier);
                  ``(B) present or residing outside the United States 
                in connection with such employment; and
                  ``(C) not a national of or ordinarily resident in the 
                host nation.
          ``(2) The term `accompanying the Federal Government outside 
        the United States' means--
                  ``(A) a dependant of--
                          ``(i) a civilian employee of the Federal 
                        Government; or
                          ``(ii) a Federal contractor (including a 
                        subcontractor at any tier) or an employee of a 
                        Federal contractor (including a subcontractor 
                        at any tier);
                  ``(B) residing with such civilian employee, 
                contractor, or contractor employee outside the United 
                States; and
                  ``(C) not a national of or ordinarily resident in the 
                host nation.''.
          (2) Clerical amendment.--The table of chapters at the 
        beginning of such part is amended by inserting after the item 
        relating to chapter 212 the following new item:

``212A. Extraterritorial jurisdiction over certain              3271''.
                            trafficking in persons offenses.
  (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of 
title 18, United States Code, is amended--
          (1) in clause (v), by striking ``or'' at the end;
          (2) in clause (vi), by adding ``or'' at the end; and
          (3) by adding at the end the following new clause:
                          ``(vii) trafficking in persons, selling or 
                        buying of children, sexual exploitation of 
                        children, or transporting, recruiting or 
                        harboring a person, including a child, for 
                        commercial sex acts;''.
  (c) Definition of Racketeering Activity.--Section 1961(1)(B) of title 
18, United States Code, is amended by striking ``1581-1591'' and 
inserting ``1581-1592''.
  (d) Civil and Criminal Forfeitures.--
          (1) In general.--Chapter 117 of title 18, United States Code, 
        is amended by adding at the end the following new section:

``Sec. 2428. Forfeitures

  ``(a) In General.--The court, in imposing sentence on any person 
convicted of a violation of this chapter, shall order, in addition to 
any other sentence imposed and irrespective of any provision of State 
law, that such person shall forfeit to the United States--
          ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
          ``(2) any property, real or personal, constituting or derived 
        from any proceeds that such person obtained, directly or 
        indirectly, as a result of such violation.
  ``(b) Property Subject to Forfeiture.--
          ``(1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right shall 
        exist in them:
                  ``(A) Any property, real or personal, used or 
                intended to be used to commit or to facilitate the 
                commission of any violation of this chapter.
                  ``(B) Any property, real or personal, that 
                constitutes or is derived from proceeds traceable to 
                any violation of this chapter.
          ``(2) Applicability of chapter 46.--The provisions of chapter 
        46 of this title relating to civil forfeitures shall apply to 
        any seizure or civil forfeiture under this subsection.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2428. Forfeitures.''.

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

  (a) Appointment to Interagency Task Force to Monitor and Combat 
Trafficking.--Section 105(b) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7103(b)) is amended--
          (1) by striking ``the Director of Central Intelligence'' and 
        inserting ``the Director of National Intelligence''; and
          (2) by inserting ``, the Secretary of Defense, the Secretary 
        of Homeland Security'' after ``the Director of National 
        Intelligence'' (as added by paragraph (1)).
  (b) Minimum Standards for the Elimination of Trafficking.--
          (1) Amendments.--Section 108(b) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
                  (A) in paragraph (3), by adding at the end before the 
                period the following: ``, measures to reduce the demand 
                for commercial sex acts and for participation in 
                international sex tourism by nationals of the country, 
                measures to ensure that its nationals who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission do not engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking, and measures to prevent the use of forced 
                labor or child labor in violation of international 
                standards''; and
                  (B) in the first sentence of paragraph (7), by 
                striking ``persons,'' and inserting ``persons, 
                including nationals of the country who are deployed 
                abroad as part of a peacekeeping or other similar 
                mission who engage in or facilitate severe forms of 
                trafficking in persons or exploit victims of such 
                trafficking,''.
          (2) Effective date.--The amendments made by subparagraphs (A) 
        and (B) of paragraph (1) take effect beginning two years after 
        the date of the enactment of this Act.
  (c) Research.--
          (1) Amendments.--Section 112A of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7109a) is amended--
                  (A) in the first sentence of the matter preceding 
                paragraph (1)--
                          (i) by striking ``The President'' and 
                        inserting ``(a) In General.--The President''; 
                        and
                          (ii) by striking ``the Director of Central 
                        Intelligence'' and inserting ``the Director of 
                        National Intelligence'';
                  (B) in paragraph (3), by adding at the end before the 
                period the following: ``, particularly HIV/AIDS'';
                  (C) by adding at the end the following new 
                paragraphs:
          ``(4) Subject to subsection (b), the interrelationship 
        between trafficking in persons and terrorism, including the use 
        of profits from trafficking in persons to finance terrorism.
          ``(5) An effective mechanism for quantifying the number of 
        victims of trafficking on a national, regional, and 
        international basis.
          ``(6) The abduction and enslavement of children for use as 
        soldiers, including steps taken to eliminate the abduction and 
        enslavement of children for use as soldiers and recommendations 
        for such further steps as may be necessary to rapidly end the 
        abduction and enslavement of children for use as soldiers.''; 
        and
                  (D) by further adding at the end the following new 
                subsections:
  ``(b) Role of Human Smuggling and Trafficking Center.--The research 
initiatives described in subsection (a)(4) shall be carried out by the 
Human Smuggling and Trafficking Center (established pursuant to section 
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458)).
  ``(c) Definitions.--In this section:
          ``(1) AIDS.--The term `AIDS' means the acquired immune 
        deficiency syndrome.
          ``(2) HIV.--The term `HIV' means the human immunodeficiency 
        virus, the pathogen that causes AIDS.
          ``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to 
        an individual, an individual who is infected with HIV or living 
        with AIDS.''.
          (2) Report.--
                  (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Human Smuggling 
                and Trafficking Center (established pursuant to section 
                7202 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (Public Law 108-458)) shall 
                submit to the appropriate congressional committees a 
                report on the results of the research initiatives 
                carried out pursuant to section 112A(4) of the 
                Trafficking Victims Protection Act of 2000 (as added by 
                paragraph (1)(C) of this subsection).
                  (B) Definition.--In this paragraph, the term 
                ``appropriate congressional committees'' means--
                          (i) the Committee on International Relations 
                        and the Committee on the Judiciary of the House 
                        of Representatives; and
                          (ii) the Committee on Foreign Relations and 
                        the Committee on the Judiciary of the Senate.
  (d) Foreign Service Officer Training.--Section 708(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
          (1) in the matter preceding paragraph (1), by inserting ``, 
        the Director of the Office to Monitor and Combat Trafficking,'' 
        after ``the International Religious Freedom Act of 1998'';
          (2) in paragraph (1), by striking ``and'' at the end;
          (3) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(3) instruction on international documents and United 
        States policy on trafficking in persons, including provisions 
        of the Trafficking Victims Protection Act of 2000 (division A 
        of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect 
        the United States bilateral relationships.''.
  (e) Prevention of Trafficking by Peacekeepers.--
          (1) Inclusion in trafficking in persons report.--Section 
        110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7107(b)(1)) is amended--
                  (A) in subparagraph (B), by striking ``and'' at the 
                end;
                  (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                  (C) by adding at the end the following new 
                subparagraph:
                  ``(D) information on the measures taken by the United 
                Nations, the Organization for Security and Cooperation 
                in Europe, the North Atlantic Treaty Organization and, 
                as appropriate, other multilateral organizations in 
                which the United States participates, to prevent the 
                involvement of the organization's employees, contractor 
                personnel, and peacekeeping forces in trafficking in 
                persons or the exploitation of victims of 
                trafficking.''.
          (2) Report by secretary of state.--At least 15 days prior to 
        voting for a new or reauthorized peacekeeping mission under the 
        auspices of the United Nations, the North Atlantic Treaty 
        Organization, or any other multilateral organization in which 
        the United States participates (or in an emergency, as far in 
        advance as is practicable), the Secretary of State shall submit 
        to the Committee on International Relations of the House of 
        Representatives, the Committee on Foreign Relations of the 
        Senate, and any other appropriate congressional committee a 
        report that contains--
                  (A) a description of measures taken by the 
                organization to prevent the organization's employees, 
                contractor personnel, and peacekeeping forces serving 
                in the peacekeeping mission from trafficking in 
                persons, exploiting victims of trafficking, or 
                committing acts of sexual exploitation or abuse, and 
                the measures in place to hold accountable any such 
                individuals who engage in any such acts while 
                participating in the peacekeeping mission; and
                  (B) an analysis of the effectiveness of each of the 
                measures referred to in subparagraph (A).

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

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

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

  (a) Program to Reduce Demand for Commercial Sex Acts.--
          (1) Program.--The Secretary of Health and Human Services and 
        the Attorney General shall identify best practices to reduce 
        the demand for commercial sex acts in the United States and 
        shall carry out a program to implement such best practices.
          (2) Reports.--The Secretary and the Attorney General shall 
        prepare and post on the respective Internet Web sites of the 
        Department of Health and Human Services and the Department of 
        Justice reports on the best practices identified under 
        paragraph (1).
          (3) Definition.--In this subsection, the term ``commercial 
        sex act'' has the meaning given the term in section 103(3) of 
        the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7102(3)).
  (b) Termination of Certain Grants, Contracts, and Cooperative 
Agreements.--Section 106(g) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) is amended--
          (1) by striking ``Cooperative Agreements.--'' and all that 
        follows through ``The President shall'' and inserting 
        ``Cooperative Agreements.--The President shall'';
          (2) by striking ``described in paragraph (2)''; and
          (3) by striking paragraph (2).

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

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

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

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

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

  (a) Establishment of Grant Program for Law Enforcement.--Subject to 
the availability of appropriations, the Attorney General may make 
grants to States and local law enforcement agencies to develop, expand, 
or strengthen programs to investigate and prosecute acts of severe 
forms of trafficking in persons that involve United States citizens, or 
aliens admitted for permanent residence, and that occur, in whole or in 
part, within the territorial jurisdiction of the United States.
  (b) Multi-Disciplinary Approach Required.--Grants under subsection 
(a) may be made only for programs in which the State or local law 
enforcement agency works collaboratively with victim service providers 
and other relevant nongovernmental organizations, including faith-based 
organizations and organizations with experience in the delivery of 
services to persons who are the subject of trafficking in persons.
  (c) Limitation on Federal Share.--The Federal share of a grant made 
under this section may not exceed 75 percent of the total costs of the 
projects described in the application submitted.

SEC. 205. REPORT TO CONGRESS.

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

SEC. 206. DEFINITIONS.

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

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

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

                          Purpose and Summary

    H.R. 972, the Trafficking Victims Protection 
Reauthorization Act of 2005, amends and reauthorizes 
appropriations for fiscal years 2006 and 2007 for the 
Trafficking Victims Protection Act of 2000. The Act strengthens 
the U.S. Government's ability to combat the trafficking in 
persons by enhancing provisions on prevention of trafficking, 
protection of victims of trafficking, and prosecution of 
traffickers, and by bringing particular attention to the 
problem of internal trafficking of United States citizens and 
nationals within the territory of the United States.
    H.R. 972 includes new provisions and amendments to existing 
U.S. law and improves U.S. efforts to combat trafficking 
internationally, toughens criminal penalties for trafficking 
offenses committed by certain U.S. persons, and launches new 
initiatives to assist the victims of trafficking in the United 
States. The Act includes: anti-trafficking measures in 
connection with post-conflict and humanitarian emergency 
assistance provided by the U.S. Government (Sec.101); improving 
trafficking victims' access to information about victim 
assistance programs and establishing a pilot program for long-
term residential care to trafficking victims abroad (Sec. 102); 
creating criminal jurisdiction in U.S. courts over Federal 
trafficking in persons offenses committed by Federal employees 
and contractors while outside the United States, and 
classifying trafficking in persons offenses as actionable under 
Federal money laundering, racketeering, and civil and criminal 
forfeiture statutes (Sec. 103); appointing the Secretaries of 
Defense and Homeland Security, and the Director of National 
Intelligence, to the Inter-agency Task Force to Monitor and 
Combat Trafficking, amending the minimum standards for 
evaluating a government's efforts to eliminate trafficking by 
adding whether the government is implementing measures to 
reduce the demand for commercial sex acts and prevent sex 
tourism, to prevent peacekeeping troops' involvement with 
trafficking, and to prevent forced labor or child labor in 
violation of international standards, requiring a report from 
the Secretary of State, before endorsing a new or reauthorized 
peacekeeping mission, on measures taken to prevent trafficking 
and sexual exploitation by peacekeeping personnel (Sec. 104); 
expressing the Sense of Congress that the State Department 
should intensify its focus on forced labor problems and 
directing the Department of Labor to take certain additional 
steps to prevent forced labor and child labor internationally 
(Sec. 105); requiring reports on strategies and programs to 
reduce the demand for commercial sex acts, and authority to 
terminate U.S. Government funding to private entities that 
engage in human trafficking-related activities within the 
United States (Sec. 201); establishing a grant program to 
improve victim service programs for U.S. citizens and nationals 
victimized by trafficking and a pilot program for residential 
care for juvenile trafficking victims (Sec. 202 and 203); 
establishment of a grants program to improve State and local 
responses to certain trafficking cases that involve U.S. 
citizens, or persons admitted for permanent residence (Sec. 
204); and authorizing appropriations for fiscal years 2006 and 
2007 (Sec. 301).

                Background and Need for the Legislation

    The Trafficking Victims Protection Act (TVPA), P.L. 106-
386, was enacted in October 2000 to combat trafficking in 
persons, ensure the prosecution of traffickers, and protect the 
victims of trafficking. The TVPA was amended and funding was 
reauthorized in the Foreign Relations Authorization Act, Fiscal 
Year 2003, P.L. 107-228. The TVPA was further amended and 
funding reauthorized for fiscal years 2004 and 2005 through the 
Trafficking Victims Protection Reauthorization Act of 2003, 
P.L. 108-193, signed into law on December 19, 2003.
    On February 17, 2005, Representatives Christopher Smith, 
Tom Lantos, Donald Payne, Roy Blunt, Frank Wolf, Benjamin 
Cardin, Ileana Ros-Lehtinen, Joseph Pitts, Mike Pence and Eni 
Faleomavaega introduced H.R. 972, the Trafficking Victims 
Protection Reauthorization Act of 2005. The new legislation is 
based on consultations with government representatives and 
nongovernmental organizations, information received in 
congressional hearings, a review of academic research on human 
trafficking, and nearly five years of experience in 
implementing the TVPA. The bill strengthens U.S. Government 
efforts to combat trafficking in persons through enhanced 
provisions on the prevention of trafficking, prosecution of 
traffickers, and protection of trafficked victims, with a 
specific focus for the first time on domestic trafficking in 
the United States (i.e., the trafficking of United States 
citizens and permanent residents).
    On March 1, 2005, the Subcommittee held a related briefing 
and hearing, ``United Nations Organization Mission in the 
Democratic Republic of Congo: A Case for Peacekeeping Reform.'' 
The Subcommittee was briefed by Jane Holl Lute, Ph.D., 
Assistant Secretary-General for Mission Support, Department of 
Peacekeeping Operations, United Nations. Testimony was then 
received from The Honorable Kim R. Holmes, Assistant Secretary 
for the Bureau of International Organization Affairs, U.S. 
Department of State; The Honorable Princeton N. Lyman, Ralphe 
Bunche Senior Fellow in Africa Policy Studies at the Council on 
Foreign Relations and Former Assistant Secretary of State for 
International Organization Affairs; Nile Gardiner, Ph.D., 
Fellow in Anglo-American Security Policy at The Heritage 
Foundation; Ms. Anneke Van Woudenberg, Senior Researcher on the 
Democratic Republic of Congo for Human Rights Watch. A further 
hearing was held on May 18, 2005, entitled, ``UN Peacekeeping 
Reform: Seeking Greater Accountability and Integrity.'' 
Testimony was received from Mr. Philo L. Dibble, Principal 
Deputy Assistant Secretary for the Bureau of International 
Organization Affairs at the U.S. Department of State; Mr. Eric 
Schwartz, Consultant to the Council on Foreign Relations; and 
Ms. Victoria Holt, Senior Associate, The Henry L. Stimson 
Center.
    On March 9, 2005, the Subcommittee on Africa, Global Human 
Rights and International Operations held a hearing, ``Combating 
Human Trafficking: Achieving Zero Tolerance.'' Testimony was 
received from the following witnesses: Ambassador John Miller, 
Senior Advisor to the Secretary and Director of the Office to 
Monitor and Combat Trafficking in Persons at the U.S. 
Department of State; The Honorable Linda Smith, President of 
Shared Hope International and former Member of Congress; The 
Honorable Shirley E. Barnes, President of the Barnes Findley 
Foundation and former U.S. Ambassador to The Republic of 
Madagascar; Sarah E. Mendelson, Ph.D., Senior Fellow, Russia 
and Eurasia Program at the Center for Strategic and 
International Studies; Julianne Duncan, Ph.D., Assistant 
Director of Migration and Refugee Services for the United 
States Conference of Catholic Bishops; and Ms. Beatrice 
Fernando, trafficking survivor, and Associate at the American 
Anti-Slavery Group.
    On June 7, 2005, the Commission on Security and Cooperation 
in Europe held an open, public hearing addressing the internal 
trafficking of United States citizens and residents within the 
territory of the United States entitled, ``Exploiting Americans 
on American Soil: Domestic Trafficking Exposed.'' The 
Commission, also known as the Helsinki Commission, is a U.S. 
Government agency that monitors progress in the implementation 
of the provisions of the 1975 Helsinki Accords. The Commission 
consists of nine members from the United States Senate, nine 
from the U.S. House of Representatives, and one member each 
from the Departments of State, Defense and Commerce. The 
hearing was chaired by the Commission's Co-Chairman, Rep. Chris 
Smith, who also serves as Vice Chairman of the House 
International Relations Committee, and is the sponsor of H.R. 
972. Testimony was received from Mr. Chris Swecker, Assistant 
Director for the Criminal Investigative Division, Federal 
Bureau of Investigation; Dr. Susan Orr, Associate Commissioner, 
Administration on Children, Youth and Families of the U.S. 
Department of Health and Human Services; Mr. Frank Barnaba, 
President & Founder of the Paul & Lisa Program; Ms. Norma 
Hotaling Executive Director & Founder of the SAGE (Standing 
Against Global Exploitation) Project; and Ms. Leisa B., a 
survivor of domestic trafficking.

                        Committee Consideration

    The Committee on International Relations marked up the bill 
in open session, pursuant to notice, on October 7, 2005. The 
Committee ordered favorably reported the bill H.R. 972 with an 
amendment in the nature of a substitute by voice vote, a quorum 
being present.

                         Votes of the Committee

    No record votes were taken during the consideration of H.R. 
972.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 972, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2005.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 972, the 
Trafficking Victims Protection Reauthorization Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                                       Douglas Holtz-Eakin.
Enclosure

cc: Honorable Tom Lantos, Ranking Member
H.R. 972--Trafficking Victims Protection Reauthorization Act of 2005

                                SUMMARY

    H.R. 972 would reauthorize several programs within the 
Departments of State, Labor, Justice, and Health and Human 
Services, and within other agencies that combat trafficking in 
persons. The bill would specifically authorize the 
appropriation of $147 million in 2006 and $132 million in 2007. 
In addition, CBO estimates that the Department of Justice would 
need $15 million in additional appropriations annually to 
implement a new grant program. In total, CBO estimates that 
implementing the bill would cost $59 million in 2006 and $313 
million over the 2006-2010 period, assuming appropriation of 
the necessary amounts. The bill also contains provisions that 
would affect direct spending and revenues, but CBO estimates 
these provisions would not have a significant effect.
    H.R. 972 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA); however, CBO 
estimates that the cost of the mandate would not be significant 
and would be well below the threshold established in that act 
($62 million in 2005, adjusted for inflation). Other provisions 
of the bill would provide grant assistance to state, local, and 
tribal governments for programs benefitting victims of 
trafficking crimes. This bill contains no new private-sector 
mandates as defined in UMRA.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 972 is shown in the 
following table. The costs of this legislation fall within 
budget functions 150 (international affairs), 500 (education, 
training, employment, and social services), 550 (health), and 
750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1,2
Overseas Assistance
  Authorization Level..............................................       63       63        0        0        0
  Estimated Outlays................................................        9       34       37       22       10

Department of Justice
  Estimated Authorization Level....................................       63       48       15       15       15
  Estimated Outlays................................................       33       35       22       20       19

Department of Health and Human Services
  Authorization Level..............................................       20       20        0        0        0
  Estimated Outlays................................................        6       14       13        5        1

Department of Labor
  Authorization Level..............................................       10       10        0        0        0
  Estimated Outlays................................................        7        9        3        1        *

Department of State
  Authorization Level..............................................        6        6        0        0        0
  Estimated Outlays................................................        5        5        1        *        *

Total
  Estimated Authorization Level....................................      162      147       15       15       15
  Estimated Outlays................................................       59       97       76       49       31
----------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.
\1\ In addition to effects on spending subject to appropriation, CBO estimates enacting H.R. 972 would have an
  insignificant effect on direct spending and receipts.
\2\ Five-year costs in text and totals in the table differ slightly from a summation of the annual costs shown
  here because of rounding.

                           BASIS OF ESTIMATE

Spending Subject to Appropriation
    For purposes of this estimate, CBO assumes that this 
legislation will be enacted before the end of calendar year 
2005, that the specified and estimated authorization amounts 
will be appropriated near the start of each fiscal year, and 
that outlays will follow historical spending patterns for 
existing and similar programs. The bill would specifically 
authorize the appropriation of $147 million in 2006 and $132 
million in 2007. In addition, CBO estimates that the Department 
of Justice would need $15 million in additional appropriations 
annually to implement a new grant program. In total, CBO 
estimates that implementing this legislation would cost $59 
million in 2006 and $313 million over the 2006-2010 period, 
assuming appropriation of the necessary amounts.
    Overseas Assistance. The bill would authorize the 
appropriation of $30 million a year for 2006 and 2007 to the 
Secretary of State and $30 million a year to the President in 
those same years for programs to prevent trafficking in 
persons, to protect victims of trafficking, and to assist 
foreign states in meeting minimum standards for the elimination 
of trafficking. In addition, the bill would authorize $300,000 
a year in 2006 and 2007 for research on domestic and 
international trafficking in persons. Finally, the bill would 
authorize the appropriation of $2.5 million a year for 2006 and 
2007 to the U.S. Agency for International Development to 
establish residential treatment facilities in foreign countries 
that would treat the victims of trafficking. CBO estimates that 
implementing these provisions would cost $9 million in 2006 and 
$113 million over the 2006-2010 period, assuming appropriation 
of the necessary amounts.
    Department of Justice. H.R. 972 would authorize the 
appropriation of:

         L$15 million a year for fiscal years 2006 and 
        2007 for the Attorney General to make grants to states, 
        localities, and nonprofit organizations to establish or 
        expand service programs for victims of trafficking;

         L$15 million for fiscal year 2006 for the 
        Federal Bureau of Investigation to investigate severe 
        forms of trafficking in persons;

         L$18 million a year for fiscal years 2006 and 
        2007 for the Bureau of Immigration and Customs 
        Enforcement in the Department of Homeland Security to 
        investigate severe forms of trafficking in persons; and

         L$250,000 a year for fiscal years 2006 and 
        2007 for the Attorney General and the Secretary of 
        State to train law enforcement officers, prosecutors, 
        and judges and their staff with respect to cases 
        involving trafficking in persons.

    In addition, section 204 would permit the Attorney General 
to make grants to state and local law enforcement agencies to 
develop or expand programs to investigate and prosecute certain 
acts of trafficking in persons that involve U.S. citizens or 
permanent U.S. residents. Based on the funding levels that H.R. 
972 would provide for similar activities, CBO estimates that 
the agency would need appropriations of $15 million annually to 
implement this grant program.
    Department of Health and Human Services. H.R. 972 would 
authorize the appropriation of $15 million a year for fiscal 
years 2006 and 2007 to the Department of Health and Human 
Services for the purpose of identifying victims of trafficking. 
In addition, section 203 would authorize the appropriation of 
$5 million a year for fiscal years 2006 and 2007 to carry out a 
pilot program to establish residential treatment facilities for 
juvenile victims of trafficking.
    Department of Labor. H.R. 972 would authorize the 
appropriation of $10 million a year for fiscal years 2006 and 
2007 to the Department of Labor to carry out responsibilities 
under the Trafficking Victims Protection Act, including 
additional activities to monitor and combat forced labor and 
child labor in foreign countries.
    Department of State. The bill would authorize the 
appropriation of $5.5 million a year for fiscal years 2006 and 
2007 for the Interagency Task Force to coordinate the 
implementation of the Trafficking Victims Protection Act.
Direct Spending and Revenues
    Criminal Fines and Seizure of Assets. Section 103 would 
establish a new federal crime for trafficking in persons 
committed by individuals employed by the federal government or 
accompanying federal employees when outside of the United 
States. Thus, the government could pursue new cases related to 
trafficking. Because those prosecuted and convicted under H.R. 
972 could be subject to criminal fines, the federal government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
revenues, which are deposited in the Crime Victims Fund and 
later spent. CBO expects that any additional revenues and 
direct spending would not be significant.
    Persons prosecuted and convicted under the bill also could 
be subject to the seizure of certain assets by the federal 
government. Proceeds from the sale of such assets would be 
deposited into the Assets Forfeiture Fund and spent from that 
fund, mostly in the same year. Thus, enacting H.R. 972 could 
increase both revenues deposited into the fund and direct 
spending from the fund. However, CBO estimates that any 
increased revenues or spending would be negligible.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 972 contains an intergovernmental mandate as defined 
in UMRA because it would require courts to order the property 
of convicted traffickers be forfeited to the federal 
government. This provision would preempt state laws and could 
result in the loss of forfeited properties for those 
governments. Because the number of trafficking cases prosecuted 
under state law is small, however, CBO estimates any such loss 
to state governments would not be significant and would be well 
below the threshold established in that act ($62 million in 
2005, adjusted for inflation). This bill contains no new 
private-sector mandates as defined in UMRA.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title
    This section states that this act may be cited as the 
``Trafficking Victims Protection Reauthorization Act of 2005.''

Section 2. Findings
    This section states the Congress' findings that the United 
States demonstrated leadership in combating human trafficking 
and slavery through the enactment of the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 106-386; 22 
U.S.C. 7101 et seq.) and the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193). The current 
U.S. Government estimate of people trafficked across 
international borders each year and exploited through forced 
labor and commercial sex exploitation is 600,000 to 800,000; an 
estimated 80 percent of such individuals are women and girls. 
The Committee notes that as a result of refined data collection 
processes and statistical analysis, the U.S. Government has 
modified its estimate of the number of individuals (men, women 
and children) trafficked into the United States each year--now 
placed at 14,500-17,500--as compared to the ``approximately 
50,000 women and children'' cited in the Trafficking Victims 
Protection Act of 2000.
    The findings state that since enactment of the Trafficking 
Victims Protection Act of 2000, United States efforts to combat 
trafficking in persons have focused primarily on the 
international trafficking in persons, including the trafficking 
of foreign citizens into the United States, but trafficking in 
persons also occurs internally within countries. The Committee 
notes with concern the law enforcement data, media reports and 
anecdotal evidence indicating that a significant problem exists 
in the United States with internal (also referred to as 
domestic) trafficking, particularly involving children 
exploited in prostitution. The findings also state that no 
known studies exist that quantify this problem, however, 
researchers at the University of Pennsylvania estimated in 
2001, that as many as 300,000 children in the United States are 
at risk for commercial sexual exploitation, including 
trafficking, at any given time. This section finds that runaway 
and homeless children in the United States are highly 
susceptible to being domestically trafficked for commercial 
sexual exploitation. The National Runaway Switchboard estimates 
that between 1.3 million and 2.8 million runaway and homeless 
youth live on the streets in the United States, and one out of 
every seven children will run away from home before the age of 
18. It is the Committee's view that the dearth of published 
facts and figures about the numbers and lives of sexually 
exploited youth highlights the hidden nature of commercial 
sexual exploitation of children in the United States and the 
Committee stresses the need for law enforcement and social 
service organizations to seek systematic and verifiable 
information.
    Following armed conflicts and during humanitarian 
emergencies, indigenous populations face increased security 
challenges and vulnerabilities which result in myriad forms of 
violence, including trafficking for sexual and labor 
exploitation. Foreign policy and foreign aid professionals 
increasingly recognize the increased activity of human 
traffickers in post-conflict settings and during humanitarian 
emergencies. There is a need to protect populations in post-
conflict settings and humanitarian emergencies from being 
trafficked for sexual or labor exploitation. The efforts of aid 
agencies to address the protection needs of, among others, 
internally displaced persons and refugees are useful in this 
regard. Nonetheless, there remains a need for further programs 
and strategies at the United States Agency for International 
Development, the Department of State, and the Department of 
Defense, among others, to combat human trafficking, including 
through protection and prevention methodologies, in post-
conflict environments and during humanitarian emergencies.
    International and human rights organizations have 
documented a correlation between international deployments of 
military and civilian peacekeepers and aid workers and a 
resulting increase in the number of women and girls trafficked 
into prostitution in post-conflict regions. The involvement of 
Federal Government employees or contractors in trafficking in 
persons is inconsistent with U.S. laws and policies and 
undermines the efforts of government programs in post-conflict 
regions. Further measures are needed to deter such actions and 
ensure that personnel are held accountable for involvement with 
acts of trafficking.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Section 101. Prevention of Trafficking in Conjunction with Post-
        conflict and Humanitarian Emergency Assistance
    This section amends section 106 of the Trafficking Victims 
Protection Act of 2000 (TVPA) by requiring the United States 
Agency for International Development (USAID), the Department of 
State and the Department of Defense to incorporate anti-
trafficking and protection measures for vulnerable populations 
into their respective post-conflict and humanitarian emergency 
assistance programs. It also requires the State Department and 
USAID to conduct a study and issue a report, with the 
concurrence of the Department of Defense, within 180 days of 
enactment of this Act, on the prevention of trafficking in 
conjunction with post-conflict and humanitarian assistance. The 
report shall include, inter alia, specific recommendations to 
improve efforts to combat trafficking in conjunction with post-
conflict reconstruction and humanitarian emergency programs. 
According to a 2004 report by InterAction, an alliance of 160 
U.S.-based international development and humanitarian 
nongovernmental organizations, ``civilians, mostly women and 
children, now comprise 90 percent of all casualties in 
contemporary armed conflict.'' Conflicts and severe natural 
disasters frequently result in large numbers of displaced 
persons, primarily women and children, who are at heightened 
risk of violence and exploitation. While humanitarian responses 
to such situations primarily address the needs for food, 
shelter and medical assistance, such situations also call for 
greater efforts to protect against exploitation, including 
trafficking, of vulnerable populations. Existing programs 
administered by Federal agencies contain limited elements to 
deter exploitation and violence and need significant further 
enhancements.

Section 102. Protection of Victims of Trafficking in Persons
    This section amends section 107(c)(2) of the TVPA by 
requiring that to the extent practicable, victims of severe 
forms of trafficking shall have access to information about 
federally funded or administered anti-trafficking programs that 
provide services to such victims. The Committee is concerned by 
reports from victim advocates, including organizations funded 
by the Federal Government, that Federal law enforcement 
officials in some instances failed to share with victims of 
severe forms of trafficking information about victim-service 
programs that can assist them with shelter, food, medical care, 
legal assistance and other needs, or to inform them about the 
possibility of applying for benefits via the Department of 
Health and Human Services or for a T-visa. Information should 
be made available to every victim of a severe form of 
trafficking in the United States who meets the criteria 
established by the TVPA, as amended, for receipt of benefits or 
a T-visa about his or her eligibility for both such benefits 
and such visa while in contact with Federal law enforcement 
authorities.
    Subsection (b) requires USAID, within 180 days of enactment 
of this Act, to conduct a study of best practices for 
rehabilitating trafficking victims in group residential 
facilities in foreign countries. Based on the results of the 
study, USAID is required to establish a pilot program of 
residential treatment facilities in two sites located outside 
the United States by entering into grants or contracts with 
organizations experienced in the delivery of service to 
trafficking victims. To carry out this section, $2.5 million is 
authorized to be appropriated for each of fiscal years 2006 and 
2007. The assistance needed by trafficking victims to recover 
physically, psychologically and economically from the trauma of 
being trafficked cannot be adequately provided for all victims 
during a short-term stay, often 30-60 days, in a shelter 
facility. If released from such a shelter without adequate 
assistance to integrate into society, such individuals are at 
risk of being trafficked again. Despite the inadequacy of this 
approach to end the cycle of violence and trafficking, short-
term assistance programs are, to date, the most common model of 
residential assistance. This pilot project seeks to provide an 
opportunity to explore alternative models for providing more 
effective assistance to victims of trafficking.

Section 103. Enhancing Prosecutions of Trafficking in Persons Offenses
    Subsection (a) provides U.S. courts with jurisdiction over 
Federal Government employees or contractors, and those 
accompanying them, for the prosecution of Federal trafficking 
offenses that are committed outside the United States. Such 
jurisdiction already exists under the Military Extraterritorial 
Jurisdiction Act of 2000, as amended by the Defense 
Authorization Act of 2004, for Department of Defense 
contractors and other Federal contractors operating abroad in 
support of a Department of Defense mission, but does not 
currently extend to non-Department of Defense-related 
contractors. The Committee has long been concerned about the 
involvement of Federal contractors in human trafficking and 
other misconduct. At an April 2002 hearing, the Committee 
received testimony regarding the involvement by some employees 
or agents of a Federal contractor operating in Bosnia-
Herzegovina in prostitution, human trafficking, and sexual 
misconduct. Both Department of Defense and non-Department of 
Defense contractors were involved, however, under U.S. law at 
that time, only Department of Defense contractors could be 
prosecuted in U.S. courts. Based on consultations with the 
Committee on the Judiciary, which has subject matter 
jurisdiction over the courts, that Committee's view is that 
contractors, and their employees and agents, must be held to 
the same standards of conduct required under United States laws 
while under U.S. Government contracts abroad. This need is made 
all the more essential when such contractors are operating in 
areas where they are unlikely to be held accountable under 
local laws.
    Subsection (b) amends Title 18, U.S.C., to allow 
trafficking offenses to be considered ``specified unlawful 
activity'' for which prosecutions may be brought using the 
money laundering statutes. Subsection (c) amends Title 18, 
U.S.C., to expand the list of trafficking offenses that may be 
considered as predicate offenses for prosecutions using the 
powers of the Racketeering Influenced and Corrupt Organizations 
Act (RICO). Subsection (d) amends Title 18, U.S.C., to allow 
the Federal Government to use criminal and civil forfeiture 
laws to seize the proceeds and the property connected with or 
derived from the commission of trafficking offenses.

Section 104. Enhancing United States Efforts to Combat Trafficking in 
        Persons
    Subsection (a) amends section 105(b) of the TVPA by adding 
the Secretary of Defense and the Secretary of Homeland Security 
to the Interagency Task Force to Combat Trafficking. It also 
replaces the Director of Central Intelligence on the Task Force 
with the new Director of National Intelligence. The Committee 
welcomes the Department of Defense's already ongoing 
participation in the staff-level Senior Policy Operating Group, 
and with this amendment makes official the Department of 
Defense's participation in that group, as well as in the 
Cabinet-level Inter-agency Task Force to Monitor and Combat 
Trafficking. It is the Committee's hope that the Secretary of 
Defense's participation in the Task Force will also support the 
United States' efforts to encourage implementation of United 
Nations and NATO policies against trafficking in persons, and 
sexual exploitation and abuse, by peacekeepers.
    Subsection (b) amends section 108(b) of the TVPA to modify 
the criteria for determining whether a government is making 
``serious and sustained efforts'' to eliminate trafficking by 
requiring consideration of whether a government is implementing 
measures: (1) to reduce the demand for commercial sex acts and 
to prevent participation in international sex tourism, both of 
which fuel the demand for sex trafficking; (2) to ensure that 
peacekeepers do not engage in trafficking or trafficking-
related activities; (3) to prevent the use of forced labor or 
child labor in violation of international standards; and (4) 
whether the government vigorously investigates, prosecutes, 
convicts and sentences peacekeeping personnel who engage in 
trafficking-related activities. The Committee reiterates its 
previously expressed view that the true picture of a 
government's efforts to prosecute acts of trafficking can only 
be determined based on an analysis of investigations and 
prosecutions conducted, as well as convictions and sentences 
rendered. Investigations and prosecutions are of little 
significance if convictions and appropriately severe sentences 
do not follow. The imposition of suspended sentences, or 
probation in lieu of incarceration, for convicted traffickers 
shall not be deemed to be vigorous sentencing for the purposes 
of this subsection or other similar subsections of section 
108(b).
    Subsection (c) amends section 112A of the TVPA, as created 
by the Trafficking Victims Protection Act of 2003, to add to 
the areas of specialized research required to be done by the 
President, acting through various departments and agencies at 
the President's discretion, to include research on an effective 
mechanism for quantifying the number of victims of trafficking; 
the connection between trafficking and the spread of HIV/AIDS; 
and the abduction and enslavement of children for use as 
soldiers. With respect to child soldiers, the Committee is 
particularly concerned about the abduction of children by the 
Lord's Resistance Army (LRA) in Uganda, and is eager to receive 
recommendations for steps that could be taken to rapidly end 
such abduction and enslavement. It is estimated that 
approximately 20,000 children have been kidnapped by the group 
since 1987 for use as soldiers, porters, and sex slaves. Child 
abductees are routinely tortured, maimed, psychologically 
abused, and forced to commit heinous acts to subordinate them 
to the rule of the LRA.
    Subsection (c) further directs research to be done by the 
President, acting through the Human Smuggling and Trafficking 
Center, on the interrelationship between trafficking in persons 
and terrorism. A report on this research, which shall draw upon 
the intelligence and analytical capabilities of the Center, is 
required to be provided within one year after enactment of this 
Act to the International Relations and Judiciary Committees of 
the House and the Foreign Relations and Judiciary Committees of 
the Senate, and a copy of the report should also be provided to 
the Homeland Security Committees of the House and Senate. The 
Committee understands that it may be necessary to transmit such 
a report in a classified form, but requests that an 
unclassified version also be provided to the Committees.
    Subsection (d) amends section 708(a) of the Foreign Service 
Act of 1980 to require that human rights training for Foreign 
Service officers include training on trafficking in persons.
    Subsection (e) amends section 110(b)(1) of the TVPA to 
require that the annual Trafficking in Persons Report issued by 
the Department of State include information on steps taken by 
international organizations, including, at a minimum, the 
United Nations, the Organization for Security and Cooperation 
in Europe, and the North Atlantic Treaty Organization, to 
prevent the involvement of the organization's personnel in 
trafficking or related activities. This subsection further 
requires that the Secretary of State, before endorsing a new or 
reauthorized international peacekeeping mission under the 
auspices of any multilateral organization in which the United 
States participates, to report to relevant congressional 
committees on the measures taken by the organization to prevent 
personnel serving on the peacekeeping mission from being 
involved with trafficking or related activities, or committing 
acts of sexual exploitation or abuse, and to hold accountable 
any who do engage in such acts. The report shall also include 
an analysis of the effectiveness of these measures.
    The Committee has followed with great concern the 
allegations of gross sexual misconduct and exploitation of 
refugees and vulnerable people by United Nations peacekeepers 
and civilian personnel assigned to the UN peacekeeping mission 
in the Democratic Republic of Congo. Human rights groups and 
the UN's own internal investigations uncovered over 150 
allegations against Mission personnel, typically involving 
peacekeepers' sexual contact with Congolese women and girls, as 
young as 11, in exchange for food or small sums of money. In 
recent years, the UN has struggled to deal with similar 
allegations in Sierra Leone, Liberia, Guinea, Kosovo, and 
Bosnia and Herzegovina. In the past, the lack of appropriate 
codes of conduct for international personnel, including 
military service members, contractors, and international 
organizations' employees, limited the ability to counter 
misconduct. The Committee supports the UN Secretary General's 
issuance of policies against sexual exploitation, sexual abuse, 
and human trafficking by UN personnel, as well as 
recommendations made by Prince Zeid of Jordan in his report 
entitled ``A Comprehensive Strategy to Eliminate Future Sexual 
Exploitation and Abuse in United Nations Peacekeeping 
Operations.'' The United Nations and its Member States must 
endorse and actively implement these policies and 
recommendations, including in the conduct of peacekeeping 
operations. The Committee likewise supports the full 
implementation of NATO's anti-trafficking policy adopted in 
June 2004.

Section 105. Additional Activities to Monitor and Combat Forced Labor 
        and Child Labor
    Subsection (a) states the sense of Congress that the Office 
to Monitor and Combat Trafficking in Persons at the Department 
of State should intensify its focus on forced labor in 
countries where it is a serious human rights concern. In the 
Trafficking in Persons Report submitted to Congress by the 
Department of State in June 2005, pursuant to section 110(b) of 
the TVPA, the list of countries whose governments were found in 
noncompliance with the minimum standards for the elimination of 
trafficking, and which were not making significant efforts to 
bring themselves into compliance with those standards, was 
composed of a large number of countries in which much 
trafficking involves forced labor, including women forced into 
domestic servitude. As of the deadline for a Presidential 
determination and notification pursuant to section 110(c) and 
(d) of the TVPA, several of these countries did not take action 
to improve their efforts to meet the minimum standards for the 
elimination of trafficking. However, in the national interest 
of the United States, the President exercised his authority to 
waive sanctions against such countries. This Committee remains 
committed to combat all severe forms of trafficking in persons, 
as defined in the TVPA, and, accordingly, believes that the 
Director of the Office to Monitor and Combat Trafficking in 
Persons of the Department of State should intensify efforts by 
that Office to address forced labor in the countries described 
above and in other countries where forced labor continues to be 
a serious human rights concern. As the Department has begun 
this past year, the Committee expects that part of such 
intensified efforts should include increased attention given to 
the practice of forced labor in the report required by section 
110(b) of the TVPA.
    Subsection (b) directs the Department of Labor, acting 
through the Bureau of International Labor Affairs, to take 
additional steps to monitor and combat forced labor and child 
labor. Specifically, the Office is required to monitor the use 
of forced labor and prohibited forms of child labor 
internationally, to share information on trafficking in forced 
labor with the Office to Monitor and Combat Trafficking in 
Persons at the State Department, to develop a list of goods 
that are produced by forced/child labor, to work with the 
producers of such goods to reduce the likelihood of forced/
child labor from being used, and to consult with other agencies 
to prevent products made by forced/child labor from entering 
the United States. The Committee believes that public-private 
partnerships are essential to combat the scourge of forced and 
child labor and encourages such partnerships. Private industry, 
both domestic and foreign, must be vigilant to ensure that none 
of its products are created by or use inputs from forced or 
child labor.

Section 201. Prevention of Domestic Trafficking in Persons
    The United States not only faces an influx of international 
victims of sex and labor trafficking, but also has a problem of 
internal trafficking (also referred to as domestic 
trafficking), particularly of minors, for the purpose of 
commercial sexual exploitation. In consultation with the 
committees of jurisdiction over domestic programs, the 
Committee amended Title II of the bill, which addresses 
trafficking in persons that occurs within the borders of the 
United States and victimizes United States citizens or 
permanent residents. According to a report issued in 2001 by 
researchers at the University of Pennsylvania, the American 
youth victimized through commercial sexual exploitation tend to 
be runaway or ``thrown away'' youth who live on the streets--
having come from homes where they have been abused, or from 
families that have abandoned them, and often become involved in 
prostitution as a way to support themselves financially. Among 
youth living on the streets in the United States, involvement 
in commercial sex activity is a problem of epidemic proportion. 
The average age at which girls first become victims of 
prostitution is 12-14; for boys the average age of entry into 
prostitution is 11-13.
    The Committee notes that there are no precise statistics on 
the numbers of United States citizens or permanent residents 
who have been victimized through trafficking, however, as 
documented by the National Center for Missing and Exploited 
Children, the National Runaway Switchboard, and researchers at 
the University of Pennsylvania, among others, runaway and 
homeless children are highly susceptible to commercial sexual 
exploitation. An estimated 1.3 million to 2.8 million runaway 
and homeless youth live on U.S. streets. The Committee is 
concerned about U.S. persons who become subjects of trafficking 
for commercial sexual exploitation and encourages the law 
enforcement community at the State and local levels to focus 
efforts on prosecuting individuals who exploit others through 
prostitution and trafficking. New strategies and attention are 
needed to prevent the victimization of U.S. persons through 
domestic trafficking.
    Subsection (a) requires the Secretary of Health and Human 
Services and the Attorney General to prepare reports on best 
practices for reducing the demand for commercial sex acts, 
which feeds the demand for trafficking into prostitution. The 
reports shall be posted on the websites of the Department of 
Health and Human Services (HHS) and the Department of Justice, 
respectively. The Committee does not require that the agencies 
conduct a joint study or issue a joint report. Following 
completion of each report, the Department of Health and Human 
Services and the Department of Justice shall establish and 
carry out programs to implement these practices.
    Subsection (b) requires that all U.S. Government grants, 
contracts or cooperative agreements with private entities 
contain a clause authorizing termination if the grantee, 
subgrantee, contractor or subcontractor: (a) engages in severe 
forms of trafficking in persons or has procured a commercial 
sex act during the period of time that the grant, contract or 
cooperative agreement is in effect; or (b) uses forced labor in 
the performance of the grant, contract, or cooperative 
agreement. This subsection is an extension of a requirement 
created by the Trafficking Victims Protection Act of 2003 
(Public Law 108-193) for grants, contracts and cooperative 
agreements entered into by the Federal Government for services 
to be provided outside the United States. This subsection 
extends that requirement to grants, contracts and cooperative 
agreements entered into by the Federal Government for services 
to be provided within the United States.

Section 202. Establishment of Grant Program to Develop, Expand, and 
        Strengthen Assistance Programs for Certain Persons Subject to 
        Trafficking
    This section establishes a grants program administered by 
HHS to support victim service providers. The Committee notes 
that, as a result of the TVPA, foreign victims of severe forms 
of trafficking in the United States are legally required to be 
treated as victims, rather than as criminals. The same should 
be true for American citizens. Nonetheless, a nongovernmental 
organization which advocates for exploited children, ECPAT-USA, 
issued a 2005 report (Who Is There to Help Us? How the System 
Fails Sexually Exploited Girls in the United States) which 
concluded, in relevant part, that ``the implementation of the 
TVPA to date, both in terms of services and prosecutions, has 
assisted girls from abroad while ignoring girls in similar 
situations from the U.S.'' The Committee's intention is that a 
grants program be established pursuant to this provision which 
will improve the provision of services to U.S. persons who are 
subjected to sex trafficking or a severe form of trafficking, 
as those terms are defined in this Act.

Section 203. Protection of Juvenile Victims of Trafficking in Persons
    This section requires the Department of Health and Human 
Services to establish a pilot program to create long-term 
residential treatment facilities for United States citizens and 
permanent residents who are subjected to trafficking and are 
under the age of 18 at the time they are identified as victims 
of trafficking. Appropriations of $5 million per year for each 
of fiscal years 2006 and 2007 are authorized. The Committee has 
learned from both governmental and nongovernmental sources who 
work with trafficked children in the United States that a lack 
of housing options for such children is a debilitating 
impediment to providing effective rehabilitative and 
restorative help to escape commercial sexual exploitation. This 
section responds to that need. It is the Committee's intention 
that the pilot program be undertaken with a view to extending 
and expanding the provision of long-term residential treatment 
facilities in light of the outcome of the program. The 
Committee encourages the implementers of the pilot program to 
examine potential means of making the residential facilities 
financially self-sustaining, in whole or in part, to the extent 
possible.

Section 204. Enhancing State and Local Efforts to Combat Trafficking in 
        Persons
    Based on consultations with the Committee on the Judiciary, 
this section establishes a grants program for State and local 
law enforcement to improve programs to investigate and 
prosecute acts of severe forms of trafficking in persons 
occurring within the territorial jurisdiction of the United 
States and in which the persons subjected to trafficking are 
U.S. citizens or persons admitted for permanent residence. The 
Committee intends for a grants program established pursuant to 
this section to improve the awareness of State and local law 
enforcement authorities about the applicability of the TVPA to 
U.S. persons who are victims of a severe form of trafficking 
and to improve the ability of such authorities to investigate 
and prosecute, either alone or in conjunction with Federal law 
enforcement, such crimes when they involve victims who are U.S. 
citizens or legal permanent residents. The Committee reaffirms 
that under the TVPA any person younger than 18 years old 
``induced to perform'' a commercial sex act is considered a 
victim of a ``severe form of trafficking.'' The Committee is 
concerned that while Federal law recognizes juveniles exploited 
through prostitution as victims of crime, State and local 
systems may not be focusing efforts on prosecuting the 
traffickers, pimps and others, including purchasers of 
commercial sex acts, who exploit such juveniles. By focusing 
this section on U.S. citizens and permanent residents, the 
Committee does not intend to limit or prevent law enforcement 
agencies from establishing, developing, expanding, or 
strengthening programs to investigate and prosecute acts of 
trafficking within the United States which involve trafficked 
persons who are not U.S. citizens or permanent residents, nor 
does the Committee intend to limit any currently existing 
authority of the Department of Justice to conduct grant 
programs in support of such efforts. The Committee expects that 
the program authorized by this section will be in addition to 
the programs that currently exist.
    This provision requires grantees to work collaboratively 
with victim service providers and other NGOs, including faith-
based organizations. In implementing these grant programs, the 
Committee believes that the Department of Justice should give 
equal consideration to any application that includes the 
involvement of a faith-based organization, a non-faith-based 
organization, or both. By requiring that grantees under this 
section use a multi-disciplinary approach which involves 
working collaboratively with victim service providers and other 
relevant nongovernmental organizations, the Committee seeks to 
encourage that efforts to prosecute acts of trafficking include 
as an integral component the rendering of assistance to 
trafficked persons to permanently escape the trafficking 
situation.

Section 205. Report to Congress
    This section amends section 105(d)(7) of the TVPA, as 
amended by the Trafficking Victims Protection Reauthorization 
Act of 2003 (Public Law 108-193), to require that the annual 
report by the Attorney General to Congress required under that 
section will include information on the amount, recipient, and 
purpose of each grant issued pursuant to the grants programs 
established by sections 202 and 204 of this Act.

Section 206. Definitions
    This section states that the terms ``severe forms of 
trafficking in persons'' and ``sex trafficking'' used in Title 
II have the meanings given those terms in the Trafficking 
Victims Protection Act of 2000.

Section 301. Authorizations of Appropriations
    This section authorizes funding for fiscal years 2006 and 
2007 for programs and activities under the Trafficking Victims 
Protection Act and makes amendments to that Act.
    Paragraph (1) authorizes an appropriation in support of the 
Task Force of $5,500,000 for each of the fiscal years 2006 and 
2007, a $500,000 increase from the fiscal years 2004 and 2005 
authorized appropriations. The recommended increase in 
appropriations is intended to provide for additional staff 
positions for the Office to Monitor and Combat Trafficking at 
the U.S. Department of State. This paragraph also amends 
Section 113(a) of the TVPA to authorize a new appropriation of 
$3,000 for each of fiscal years 2006 and 2007 to the Office to 
Monitor and Combat Trafficking for official reception and 
representation expenses.
    Paragraph (2) authorizes appropriations to the Secretary of 
Health and Human Services at a level of $15,000,000 for each of 
the fiscal years 2006 and 2007.
    Paragraph (3) authorizes appropriations for each of the 
fiscal years 2006 and 2007 to the Secretary of State for 
bilateral assistance to combat trafficking through prevention 
programs at $10,000,000; for protection programs at 
$10,000,000; and for assistance to foreign countries with 
prosecutions and meeting minimum standards for the elimination 
of trafficking at $10,000,000. A previously authorized 
appropriation of $300,000 for a voluntary contribution to anti-
trafficking programs of the Organization for Security and 
Cooperation in Europe is not reauthorized.
    Paragraph (4) authorizes appropriations to the Attorney 
General of $15,000,000 for each of the fiscal years 2006 and 
2007. An additional authorization of appropriations in the 
amount of $250,000 to the President, acting through the 
Attorney General and the Secretary of State, for each of fiscal 
years 2006 and 2007 is made to carry out training activities at 
the International Law Enforcement Academies for law enforcement 
officers, prosecutors and members of the judiciary, regarding 
combating trafficking in persons.
    Paragraph (5) authorizes appropriations of $15,000,000 for 
each of the fiscal years 2006 through 2007 to the President for 
assistance to foreign victims of trafficking, and $15,000,000 
for each of the fiscal years 2006 through 2007 for assistance 
to foreign countries to meet minimum standards for the 
elimination of trafficking. It also authorizes appropriations 
to the President in the amount of $300,000 for each of the 
fiscal years 2006 and 2007 for carrying out specialized 
research in trafficking in persons.
    Paragraph (6) authorizes appropriations to the Secretary of 
Labor of $10,000,000 for fiscal years 2006 and 2007.
    Paragraph (7) creates a new subsection of the TVPA (Sec. 
113(h)), which authorizes appropriations to the Federal Bureau 
of Investigation (FBI) of $15,000,000 for fiscal year 2006 to 
investigate severe forms of trafficking in persons. The FBI 
initiative, known as ``Operation Innocence Lost,'' has been 
ongoing since 2003, and is sponsored by the FBI Crimes Against 
Children Division in conjunction with the Department of Justice 
Child Exploitation and Obscenity Section, and the National 
Center for Missing and Exploited Children. It is a nationwide 
initiative to focus on child victims of interstate sex 
trafficking in the United States. It is the Committee's 
intention that funds authorized under this paragraph will be 
used to expand these efforts. Paragraph (7) further creates a 
new subsection 113(i) which authorizes appropriations to the 
Secretary of Homeland Security of $18,000,000 for each of the 
fiscal years 2006 and 2007 for U.S. Immigration and Customs 
Enforcement (ICE) within the Department of Homeland Security to 
investigate severe forms of trafficking in persons. ICE 
continues to be a major stakeholder in the United States 
Government's fight against human traffickers worldwide. ICE's 
efforts have led to numerous successful prosecutions and have 
established ICE's critical role in these investigations. ICE's 
institutional experience and knowledge of these investigations, 
as well as its wide range of authorities, expertise, and 
capabilities uniquely positions the agency to aggressively 
pursue these individuals and criminal organizations that 
exploit men, women, and children. The Committee supports the 
efforts of the FBI and the Department of Homeland Security to 
investigate acts of trafficking in persons, whether the victims 
involved are foreign nationals or U.S. citizens.

                        New Advisory Committees

    H.R. 972 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    The Congressional Accountability Act does not apply to 
matters in H.R. 972.

                            Federal Mandates

    H.R. 972 provides no Federal mandates.

                     Committee Jurisdiction Letters


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

               TRAFFICKING VICTIMS PROTECTION ACT OF 2000

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 101. SHORT TITLE.

      This division may be cited as the ``Trafficking Victims 
Protection Act of 2000''.

           *       *       *       *       *       *       *


SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

      (a) * * *
      (b) Appointment.--The President shall appoint the members 
of the Task Force, which shall include the Secretary of State, 
the Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, [the Director of 
Central Intelligence] the Director of National Intelligence, 
the Secretary of Defense, the Secretary of Homeland Security, 
and such other officials as may be designated by the President.

           *       *       *       *       *       *       *

      (d) Activities of the Task Force.--The Task Force shall 
carry out the following activities:
          (1) * * *

           *       *       *       *       *       *       *

          (7) Not later than May 1, 2004, and annually 
        thereafter, the Attorney General shall submit to the 
        Committee on Ways and Means, the Committee on 
        International Relations, and the Committee on the 
        Judiciary of the House of Representatives and the 
        Committee on Finance, the Committee on Foreign 
        Relations, and the Committee on the Judiciary of the 
        Senate, a report on Federal agencies that are 
        implementing any provision of this division, or any 
        amendment made by this division, which shall include, 
        at a minimum, information on--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) the nature of training conducted pursuant 
                to section 107(c)(4) during the preceding 
                fiscal year; [and]
                  (G) the amount, recipient, and purpose of 
                each grant under sections 202 and 204 of the 
                Trafficking Victims Protection Reauthorization 
                Act of 2005; and
                  [(G)] (H) the activities undertaken by the 
                Senior Policy Operating Group to carry out its 
                responsibilities under section 105(f) of this 
                division.

           *       *       *       *       *       *       *


SEC. 106. PREVENTION OF TRAFFICKING.

      (a) * * *

           *       *       *       *       *       *       *

      (g) Termination of Certain Grants, Contracts and 
[Cooperative Agreements.--
          [(1) Termination.--The President shall] Cooperative 
        Agreements.--The President shall ensure that any grant, 
        contract, or cooperative agreement provided or entered 
        into by a Federal department or agency under which 
        funds [described in paragraph (2)] are to be provided 
        to a private entity, in whole or in part, shall include 
        a condition that authorizes the department or agency to 
        terminate the grant, contract, or cooperative 
        agreement, without penalty, if the grantee or any 
        subgrantee, or the contractor or any subcontractor (i) 
        engages in severe forms of trafficking in persons or 
        has procured a commercial sex act during the period of 
        time that the grant, contract, or cooperative agreement 
        is in effect, or (ii) uses forced labor in the 
        performance of the grant, contract, or cooperative 
        agreement.
          [(2) Assistance described.--Funds referred to in 
        paragraph (1) are funds made available to carry out any 
        program, project, or activity abroad funded under major 
        functional budget category 150 (relating to 
        international affairs).]
  (h) Prevention of Trafficking in Conjunction With Post-
Conflict and Humanitarian Emergency Assistance.--The United 
States Agency for International Development, the Department of 
State, and the Department of Defense shall incorporate anti-
trafficking and protection measures for vulnerable populations, 
particularly women and children, into their post-conflict and 
humanitarian emergency assistance and program activities.

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

      (a) * * *

           *       *       *       *       *       *       *

      (c) Trafficking Victim Regulations.--Not later than 180 
days after the date of the enactment of this Act, the Attorney 
General and the Secretary of State shall promulgate regulations 
for law enforcement personnel, immigration officials, and 
Department of State officials to implement the following:
          (1) * * *
          (2) Access to information.--Victims of severe forms 
        of trafficking shall have access to information about 
        their rights and translation services. To the extent 
        practicable, victims of severe forms of trafficking 
        shall have access to information about federally funded 
        or administered anti-trafficking programs that provide 
        services to victims of severe forms of trafficking.

SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

      (a) * * *
      (b) Criteria.--In determinations under subsection (a)(4), 
the following factors should be considered as indicia of 
serious and sustained efforts to eliminate severe forms of 
trafficking in persons:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Whether the government of the country has adopted 
        measures to prevent severe forms of trafficking in 
        persons, such as measures to inform and educate the 
        public, including potential victims, about the causes 
        and consequences of severe forms of trafficking in 
        persons, measures to reduce the demand for commercial 
        sex acts and for participation in international sex 
        tourism by nationals of the country, measures to ensure 
        that its nationals who are deployed abroad as part of a 
        peacekeeping or other similar mission do not engage in 
        or facilitate severe forms of trafficking in persons or 
        exploit victims of such trafficking, and measures to 
        prevent the use of forced labor or child labor in 
        violation of international standards.

           *       *       *       *       *       *       *

          (7) Whether the government of the country vigorously 
        investigates, prosecutes, convicts, and sentences 
        public officials who participate in or facilitate 
        severe forms of trafficking in [persons,] persons, 
        including nationals of the country who are deployed 
        abroad as part of a peacekeeping or other similar 
        mission who engage in or facilitate severe forms of 
        trafficking in persons or exploit victims of such 
        trafficking, and takes all appropriate measures against 
        officials who condone such trafficking. After 
        reasonable requests from the Department of State for 
        data regarding such investigations, prosecutions, 
        convictions, and sentences, a government which does not 
        provide such data consistent with its resources shall 
        be presumed not to have vigorously investigated, 
        prosecuted, convicted, or sentenced such acts. During 
        the periods prior to the annual report submitted on 
        June 1, 2004, and on June 1, 2005, and the periods 
        afterwards until September 30 of each such year, the 
        Secretary of State may disregard the presumption 
        contained in the preceding sentence if the government 
        has provided some data to the Department of State 
        regarding such acts and the Secretary has determined 
        that the government is making a good faith effort to 
        collect such data.

           *       *       *       *       *       *       *


SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                    STANDARDS.

      (a) * * *
      (b) Reports to Congress.--
          (1) Annual report.--Not later than June 1 of each 
        year, the Secretary of State shall submit to the 
        appropriate congressional committees a report with 
        respect to the status of severe forms of trafficking in 
        persons that shall include--
                  (A) * * *
                  (B) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not yet fully comply with such 
                standards but are making significant efforts to 
                bring themselves into compliance; [and]
                  (C) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not fully comply with such 
                standards and are not making significant 
                efforts to bring themselves into compliance[.]; 
                and
                  (D) information on the measures taken by the 
                United Nations, the Organization for Security 
                and Cooperation in Europe, the North Atlantic 
                Treaty Organization and, as appropriate, other 
                multilateral organizations in which the United 
                States participates, to prevent the involvement 
                of the organization's employees, contractor 
                personnel, and peacekeeping forces in 
                trafficking in persons or the exploitation of 
                victims of trafficking.

           *       *       *       *       *       *       *


SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
                    PERSONS.

      [The President] (a) In General.--The President, acting 
through the Council of Economic Advisors, the National Research 
Council of the National Academies, the Secretary of Labor, the 
Secretary of Health and Human Services, the Attorney General, 
the Secretary of State, the Administrator of the United States 
Agency for International Development, and [the Director of 
Central Intelligence] the Director of National Intelligence, 
shall carry out research, including by providing grants to 
nongovernmental organizations, as well as relevant United 
States Government agencies and international organizations, 
which furthers the purposes of this division and provides data 
to address the problems identified in the findings of this 
division. Such research initiatives shall, to the maximum 
extent practicable, include, but not be limited to, the 
following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) The interrelationship between trafficking in 
        persons and global health risks, particularly HIV/AIDS.
          (4) Subject to subsection (b), the interrelationship 
        between trafficking in persons and terrorism, including 
        the use of profits from trafficking in persons to 
        finance terrorism.
          (5) An effective mechanism for quantifying the number 
        of victims of trafficking on a national, regional, and 
        international basis.
          (6) The abduction and enslavement of children for use 
        as soldiers, including steps taken to eliminate the 
        abduction and enslavement of children for use as 
        soldiers and recommendations for such further steps as 
        may be necessary to rapidly end the abduction and 
        enslavement of children for use as soldiers.
  (b) Role of Human Smuggling and Trafficking Center.--The 
research initiatives described in subsection (a)(4) shall be 
carried out by the Human Smuggling and Trafficking Center 
(established pursuant to section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458)).
  (c) Definitions.--In this section:
          (1) AIDS.--The term ``AIDS'' means the acquired 
        immune deficiency syndrome.
          (2) HIV.--The term ``HIV'' means the human 
        immunodeficiency virus, the pathogen that causes AIDS.
          (3) HIV/AIDS.--The term ``HIV/AIDS'' means, with 
        respect to an individual, an individual who is infected 
        with HIV or living with AIDS.

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

      (a) Authorization of Appropriations in Support of the 
Task Force.--To carry out the purposes of sections 104, 105(e), 
105(f) and 110, there are authorized to be appropriated to the 
Secretary of State $1,500,000 for fiscal year 2001, $3,000,000 
for each of the fiscal years 2002 and 2003, [and] $5,000,000 
for each of the fiscal years 2004 and 2005, and $5,500,000 for 
each of the fiscal years 2006 and 2007. In addition, there are 
authorized to be appropriated to the Office to Monitor and 
Combat Trafficking for official reception and representation 
expenses $3,000 for each of the fiscal years 2006 and 2007.
      (b) Authorization of Appropriations to the Secretary of 
Health and Human Services.--To carry out the purposes of 
section 107(b), there are authorized to be appropriated to the 
Secretary of Health and Human Services $5,000,000 for fiscal 
year 2001 and $10,000,000 for fiscal year 2002 and $15,000,000 
for each of the fiscal years [2004 and 2005] 2004, 2005, 2006, 
and 2007.
      (c) Authorization of Appropriations to the Secretary of 
State.--
          (1) Bilateral assistance to combat trafficking.--
                  (A) Prevention.--To carry out the purposes of 
                section 106, there are authorized to be 
                appropriated to the Secretary of State 
                $10,000,000 for each of the fiscal years [2004 
                and 2005] 2004, 2005, 2006, and 2007.
                  (B) Protection.--To carry out the purposes of 
                section 107(a), there are authorized to be 
                appropriated to the Secretary of State 
                $15,000,000 for fiscal year 2003 and 
                $10,000,000 for each of the fiscal years [2004 
                and 2005] 2004, 2005, 2006, and 2007.
                  (C) Prosecution and meeting minimum 
                standards.--To carry out the purposes of 
                section 134 of the Foreign Assistance Act of 
                1961, there are authorized to be appropriated 
                $10,000,000 for each of the fiscal years [2004 
                and 2005] 2004, 2005, 2006, and 2007 to assist 
                in promoting prosecution of traffickers and 
                otherwise to assist countries in meeting the 
                minimum standards described in section 108 of 
                this Act, including $250,000 for each such 
                fiscal year to carry out training activities 
                for law enforcement officers, prosecutors, and 
                members of the judiciary with respect to 
                trafficking in persons at the International Law 
                Enforcement Academies.

           *       *       *       *       *       *       *

      (d) Authorization of Appropriations to Attorney 
General.--To carry out the purposes of section 107(b), there 
are authorized to be appropriated to the Attorney General 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002 and $15,000,000 for each of the fiscal years [2004 and 
2005] 2004, 2005, 2006, and 2007. To carry out the purposes of 
section 134 of the Foreign Assistance Act of 1961 (as added by 
section 109), there are authorized to be appropriated to the 
President, acting through the Attorney General and the 
Secretary of State, $250,000 for each of fiscal years [2004 and 
2005] 2004, 2005, 2006, and 2007 to carry out training 
activities for law enforcement officers, prosecutors, and 
members of the judiciary with respect to trafficking in persons 
at the International Law Enforcement Academies.
      (e) Authorization of Appropriations to President.--
          (1) Foreign victim assistance.--To carry out the 
        purposes of section 106, there are authorized to be 
        appropriated to the President $5,000,000 for fiscal 
        year 2001, $10,000,000 for fiscal year 2002, and 
        $15,000,000 for each of the fiscal years [2003 through 
        2005] 2003 through 2007.
          (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 109, 
        there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 2001, $10,000,000 
        for fiscal year 2002, and $15,000,000 for each of the 
        fiscal years [2003 through 2005] 2003 through 2007.
          (3) Research.--To carry out the purposes of section 
        112A, there are authorized to be appropriated to the 
        President [$300,000 for fiscal year 2004 and $300,000 
        for fiscal year 2005] $300,000 for each of the fiscal 
        years 2004 through 2007.
      (f) Authorization of Appropriations to the Secretary of 
Labor.--To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Labor 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002 and $10,000,000 for each of the fiscal years [2004 and 
2005] 2004, 2005, 2006, and 2007.

           *       *       *       *       *       *       *

  (h) Authorization of Appropriations to Director of the FBI.--
There are authorized to be appropriated to the Director of the 
Federal Bureau of Investigation $15,000,000 for fiscal year 
2006, to remain available until expended, to investigate severe 
forms of trafficking in persons.
  (i) Authorization of Appropriations to the Secretary of 
Homeland Security.--There are authorized to be appropriated to 
the Secretary of Homeland Security, $18,000,000 for each of the 
fiscal years 2006 and 2007, to remain available until expended, 
for investigations by the Bureau of Immigration and Customs 
Enforcement of severe forms of trafficking in persons.
                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *


Sec. 1956. Laundering of monetary instruments

  (a) * * *

           *       *       *       *       *       *       *

  (c) As used in this section--
          (1) * * *

           *       *       *       *       *       *       *

          (7) the term ``specified unlawful activity'' means--
                  (A) * * *
                  (B) with respect to a financial transaction 
                occurring in whole or in part in the United 
                States, an offense against a foreign nation 
                involving--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) smuggling or export control 
                        violations involving--
                                  (I) an item controlled on the 
                                United States Munitions List 
                                established under section 38 of 
                                the Arms Export Control Act (22 
                                U.S.C. 2778); or
                                  (II) an item controlled under 
                                regulations under the Export 
                                Administration Regulations (15 
                                C.F.R. Parts 730-774); [or]
                          (vi) an offense with respect to which 
                        the United States would be obligated by 
                        a multilateral treaty, either to 
                        extradite the alleged offender or to 
                        submit the case for prosecution, if the 
                        offender were found within the 
                        territory of the United States; or
                          (vii) trafficking in persons, selling 
                        or buying of children, sexual 
                        exploitation of children, or 
                        transporting, recruiting or harboring a 
                        person, including a child, for 
                        commercial sex acts;

           *       *       *       *       *       *       *


CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

           *       *       *       *       *       *       *


Sec. 1961. Definitions

  As used in this chapter--
          (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substance or listed chemical 
        (as defined in section 102 of the Controlled Substances 
        Act), which is chargeable under State law and 
        punishable by imprisonment for more than one year; (B) 
        any act which is indictable under any of the following 
        provisions of title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1028 (relating to fraud and related activity in 
        connection with identification documents), section 1029 
        (relating to fraud and related activity in connection 
        with access devices), section 1084 (relating to the 
        transmission of gambling information), section 1341 
        (relating to mail fraud), section 1343 (relating to 
        wire fraud), section 1344 (relating to financial 
        institution fraud), section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), sections 1461-1465 (relating to obscene 
        matter), section 1503 (relating to obstruction of 
        justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1542 (relating to false statement in application and 
        use of passport), section 1543 (relating to forgery or 
        false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud 
        and misuse of visas, permits, and other documents), 
        sections [1581-1591] 1581--1592 (relating to peonage, 
        slavery, and trafficking in persons)., section 1951 
        (relating to interference with commerce, robbery, or 
        extortion), section 1952 (relating to racketeering), 
        section 1953 (relating to interstate transportation of 
        wagering paraphernalia), section 1954 (relating to 
        unlawful welfare fund payments), section 1955 (relating 
        to the prohibition of illegal gambling businesses), 
        section 1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), sections 2251, 2251A, 2252, and 
        2260 (relating to sexual exploitation of children), 
        sections 2312 and 2313 (relating to interstate 
        transportation of stolen motor vehicles), sections 2314 
        and 2315 (relating to interstate transportation of 
        stolen property) , section 2318 (relating to 
        trafficking in counterfeit labels for phonorecords, 
        computer programs or computer program documentation or 
        packaging and copies of motion pictures or other 
        audiovisual works), section 2319 (relating to criminal 
        infringement of a copyright), section 2319A (relating 
        to unauthorized fixation of and trafficking in sound 
        recordings and music videos of live musical 
        performances), section 2320 (relating to trafficking in 
        goods or services bearing counterfeit marks), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), sections 2341-2346 (relating 
        to trafficking in contraband cigarettes), sections 
        2421-24 (relating to white slave traffic), sections 
        175-178 (relating to biological weapons), sections 229-
        F (relating to chemical weapons), section 831 (relating 
        to nuclear materials),(C) any act which is indictable 
        under title 29, United States Code, section 186 
        (dealing with restrictions on payments and loans to 
        labor organizations) or section 501(c) (relating to 
        embezzlement from union funds), (D) any offense 
        involving fraud connected with a case under title 11 
        (except a case under section 157 of this title), fraud 
        in the sale of securities, or the felonious 
        manufacture, importation, receiving, concealment, 
        buying, selling, or otherwise dealing in a controlled 
        substance or listed chemical (as defined in section 102 
        of the Controlled Substances Act), punishable under any 
        law of the United States, (E) any act which is 
        indictable under the Currency and Foreign Transactions 
        Reporting Act, (F) any act which is indictable under 
        the Immigration and Nationality Act, section 274 
        (relating to bringing in and harboring certain aliens), 
        section 277 (relating to aiding or assisting certain 
        aliens to enter the United States), or section 278 
        (relating to importation of alien for immoral purpose) 
        if the act indictable under such section of such Act 
        was committed for the purpose of financial gain, or (G) 
        any act that is indictable under any provision listed 
        in section 2332b(g)(5)(B);

           *       *       *       *       *       *       *


  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

Sec.
2421.  Transportation generally.
     * * * * * * *
2428.  Forfeitures.

           *       *       *       *       *       *       *


Sec. 2428. Forfeitures

  (a) In General.--The court, in imposing sentence on any 
person convicted of a violation of this chapter, shall order, 
in addition to any other sentence imposed and irrespective of 
any provision of State law, that such person shall forfeit to 
the United States--
          (1) such person's interest in any property, real or 
        personal, that was used or intended to be used to 
        commit or to facilitate the commission of such 
        violation; and
          (2) any property, real or personal, constituting or 
        derived from any proceeds that such person obtained, 
        directly or indirectly, as a result of such violation.
  (b) Property Subject to Forfeiture.--
          (1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right 
        shall exist in them:
                  (A) Any property, real or personal, used or 
                intended to be used to commit or to facilitate 
                the commission of any violation of this 
                chapter.
                  (B) Any property, real or personal, that 
                constitutes or is derived from proceeds 
                traceable to any violation of this chapter.
          (2) Applicability of chapter 46.--The provisions of 
        chapter 46 of this title relating to civil forfeitures 
        shall apply to any seizure or civil forfeiture under 
        this subsection.

           *       *       *       *       *       *       *


                      PART II--CRIMINAL PROCEDURE

Chap.                                                               Sec.
201.  General provisions..........................................  3001
     * * * * * * *
212A.  Extraterritorial jurisdiction over certain trafficking in 
              persons offenses....................................  3271
     * * * * * * *

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

Sec.
3271. Trafficking in persons offenses committed by persons employed by 
          or accompanying the Federal Government outside the United 
          States.
3272. Definitions.

Sec. 3271. Trafficking in persons offenses committed by persons 
                    employed by or accompanying the Federal Government 
                    outside the United States

  (a) Whoever, while employed by or accompanying the Federal 
Government outside the United States, engages in conduct 
outside the United States that would constitute an offense 
under chapter 77 or 117 of this title if the conduct had been 
engaged in within the United States or within the special 
maritime and territorial jurisdiction of the United States 
shall be punished as provided for that offense.
  (b) No prosecution may be commenced against a person under 
this section if a foreign government, in accordance with 
jurisdiction recognized by the United States, has prosecuted or 
is prosecuting such person for the conduct constituting such 
offense, except upon the approval of the Attorney General or 
the Deputy Attorney General (or a person acting in either such 
capacity), which function of approval may not be delegated.

Sec. 3272. Definitions

  As used in this chapter:
          (1) The term ``employed by the Federal Government 
        outside the United States'' means--
                  (A) employed as a civilian employee of the 
                Federal Government, as a Federal contractor 
                (including a subcontractor at any tier), or as 
                an employee of a Federal contractor (including 
                a subcontractor at any tier);
                  (B) present or residing outside the United 
                States in connection with such employment; and
                  (C) not a national of or ordinarily resident 
                in the host nation.
          (2) The term ``accompanying the Federal Government 
        outside the United States'' means--
                  (A) a dependant of--
                          (i) a civilian employee of the 
                        Federal Government; or
                          (ii) a Federal contractor (including 
                        a subcontractor at any tier) or an 
                        employee of a Federal contractor 
                        (including a subcontractor at any 
                        tier);
                  (B) residing with such civilian employee, 
                contractor, or contractor employee outside the 
                United States; and
                  (C) not a national of or ordinarily resident 
                in the host nation.

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 708 OF THE FOREIGN SERVICE ACT OF 1980

SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.

  (a) The Secretary of State, with the assistance of other 
relevant officials, such as the Ambassador at Large for 
International Religious Freedom appointed under section 101(b) 
of the International Religious Freedom Act of 1998, the 
Director of the Office to Monitor and Combat Trafficking, and 
the director of the George P. Shultz National Foreign Affairs 
Training Center, shall establish as part of the standard 
training provided after January 1, 1999, for officers of the 
Service, including chiefs of mission, instruction in the field 
of internationally recognized human rights. Such training shall 
include--
          (1) instruction on international documents and United 
        States policy in human rights, which shall be mandatory 
        for all members of the Service having reporting 
        responsibilities relating to human rights and for 
        chiefs of mission; [and]
          (2) instruction on the internationally recognized 
        right to freedom of religion, the nature, activities, 
        and beliefs of different religions, and the various 
        aspects and manifestations of violations of religious 
        freedom[.]; and
          (3) instruction on international documents and United 
        States policy on trafficking in persons, including 
        provisions of the Trafficking Victims Protection Act of 
        2000 (division A of Public Law 106-386; 22 U.S.C. 7101 
        et seq.) which may affect the United States bilateral 
        relationships.

           *       *       *       *       *       *       *


                                  
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