[House Report 110-430]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-430
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT
OF 2007
_______
November 6, 2007.--Ordered to be printed
_______
Mr. Lantos, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 3887]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 3887) to authorize appropriations for fiscal years
2008 through 2011 for the Trafficking Victims Protection Act of
2000, to enhance measures to combat forced labor, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
C O N T E N T S
Page
The Amendments................................................... 2
Summary.......................................................... 33
Background and Purpose for the Legislation....................... 33
Hearings......................................................... 35
Committee Consideration.......................................... 35
Votes of the Committee........................................... 35
Committee Oversight Findings..................................... 35
New Budget Authority and Tax Expenditures........................ 36
Congressional Budget Office Cost Estimate........................ 36
Performance Goals and Objectives................................. 43
Constitutional Authority Statement............................... 43
New Advisory Committees.......................................... 44
Congressional Accountability Act................................. 44
Earmark Identification........................................... 44
Section-by-Section Analysis and Discussion....................... 44
Changes in Existing Law Made by the Bill, as Reported............ 60
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Prevention and prosecution of trafficking in foreign
countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum
standards.
Sec. 108. Research on domestic and international trafficking in
persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons.
Sec. 110. Responsibilities of consular officers of the Department of
State.
Sec. 111. Report on activities of the Department of Labor to monitor
and combat forced labor and child labor.
Sec. 112. Sense of Congress regarding multilateral framework between
labor exporting and labor importing countries.
TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Information for work-based nonimmigrants on legal rights and
resources.
Sec. 203. Clarification of roles of Secretary of Homeland Security and
Attorney General.
Sec. 204. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 205. Parole for derivatives of trafficking victims.
Sec. 206. Implementation of Trafficking Victims Protection
Reauthorization Act of 2005.
Subtitle B--Assistance for Trafficking Victims
Sec. 211. Victim of trafficking certification process.
Sec. 212. Assistance for certain visa applicants.
Sec. 213. Interim assistance for child victims of trafficking.
Sec. 214. Ensuring assistance for all victims of trafficking in
persons.
Subtitle C--Penalties Against Traffickers and Other Crimes
Sec. 221. Enhancing trafficking and other related offenses.
Sec. 222. Jurisdiction in certain trafficking offenses.
Sec. 223. Amendment of other crimes related to trafficking.
Sec. 224. Model statutes provided to States.
Subtitle D--Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Annual anti-trafficking conference.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Coordinators to Combat Human Trafficking.
Sec. 235. Preventing United States travel by traffickers.
Sec. 236. Enhancing efforts to combat the trafficking of children.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.
TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Sense of Congress.
Sec. 405. Prohibition on provision of military assistance to foreign
governments that recruit or use child soldiers.
Sec. 406. Reports.
Sec. 407. Training for Foreign Service officers.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of
Education,'' after ``the Secretary of Homeland Security,''.
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.
(a) In General.--Section 105(e) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(e)) is amended to read as
follows:
``(e) Office to Monitor and Combat Trafficking.--
``(1) Establishment.--The Secretary of State shall establish
within the Department of State an Office to Monitor and Combat
Trafficking, which shall be headed by a Director, who shall be
appointed by the President, by and with the advice and consent
of the Senate, with the rank of Ambassador-at-Large.
``(2) Responsibilities.--The Director shall have the
following responsibilities:
``(A) The Director shall have primary responsibility
for assisting the Secretary of State in carrying out
the purposes of this division, shall provide assistance
to the Task Force, and may have additional
responsibilities as determined by the Secretary of
State.
``(B) The Director shall consult with nongovernmental
organizations and multilateral organizations, and with
trafficking victims or other affected persons. The
Director shall have the authority to take evidence in
public hearings or by other means.
``(C) The Director shall, in coordination and
cooperation with the Assistant Secretary for
International Labor Affairs and other officials at the
Department of State involved in corporate
responsibility and other relevant officials of the
United States Government, be responsible for promoting,
building, and sustaining partnerships between the
United States Government and private entities
(including foundations, universities, corporations,
community-based organizations, and other
nongovernmental organizations) to ensure that United
States citizens do not use any item, product, or
material produced or extracted with the use of labor
from victims of severe forms of trafficking and to
ensure that such entities do not contribute to
trafficking in persons involving sexual exploitation,
such as through work with the airlines and tourism
industries.
``(D) The Director shall be responsible solely for
all policy, funding, and programming decisions
regarding funds made available for trafficking in
persons programs that are centrally controlled by the
Department of State.
``(3) Coordination.--Any trafficking in persons programs of
the Department of State or the United States Agency for
International Development that are not centrally controlled by
the Department of State shall be carried out with concurrence
of the Director.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should make every effort to locate
the Office to Monitor and Combat Trafficking, established
pursuant to section 105(e) of the Trafficking Victims
Protection Act of 2000 (as amended by subsection (a) of this
section), at the headquarters for the Department of State,
known as the Harry S. Truman Federal Building, located in the
District of Columbia; and
(2) the Office to Monitor and Combat Trafficking should be
assigned office space in such building that reflects the
importance of the implementation of such Act and the broad and
historic mission of the Office to end modern-day slavery.
SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN
COUNTRIES.
(a) Prevention.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the
following new subsection:
``(i) Additional Measures To Prevent and Deter Trafficking.--The
President shall establish and carry out programs to prevent and deter
trafficking in persons. Such programs may include--
``(1) technical assistance and other support for the capacity
of foreign governments to investigate, identify, and carry out
inspections of private entities, including labor recruitment
centers, at which trafficking victims may be exploited,
particularly exploitation involving forced and child labor;
``(2) technical assistance and other support for foreign
governments and nongovernmental organizations to provide
immigrant populations with information regarding the rights of
such populations in the foreign country and any information
regarding in-country nongovernmental organization-operated
hotlines of the type described in section 107(a)(1)(A) of this
Act, with such information to be provided in the native
languages of the major immigrant groups of such populations;
``(3) technical assistance to provide legal frameworks and
other programs to foreign governments and nongovernmental
organizations to ensure that foreign migrant workers are
provided protection equal to nationals of the foreign country,
that labor recruitment firms are regulated, and that workers
providing domestic services in households are provided
protection under labor rights laws; and
``(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country
to reduce the ability of traffickers to exploit such
populations.''.
(b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before
the semi-colon the following: ``, including investigation of
individuals and entities that may be involved in trafficking in persons
involving sexual exploitation''.
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES.
Section 107(a) of Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by inserting at the end
before the period the following: ``, and shall be
carried out in a manner which takes into account the
cross-border, regional, and transnational aspects of
trafficking in persons''; and
(B) by adding at the end the following new
subparagraph:
``(F) In cooperation and coordination with the United
Nations High Commissioner for Refugees, the
International Organization of Migration, and other
relevant organizations, support for increased
protections for refugees and internally displaced
persons, including outreach and education efforts to
prevent such refugees and internally displaced persons
from being exploited by traffickers.''; and
(2) in paragraph (2), by adding at the end the following new
sentence: ``In carrying out this paragraph, the Secretary and
the Administrator shall take all appropriate steps to ensure
that cooperative efforts among foreign countries are undertaken
on a regional basis.''.
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) United States assistance programs require enhanced
monitoring and evaluation to ensure that United States funds
are appropriately spent.
(2) Such monitoring and evaluation should measure results--
the actual effects of assistance--as well as outcomes--the
numerical product of assistance, such as the number of
individuals assisted, systems established, and funds provided
through programs.
(3) While the results of programs related to trafficking in
persons may be difficult to measure because of the criminal and
underground nature of trafficking in persons, making efforts to
measure such results are critical to learning the extent to
which United States assistance programs affect the nature and
severity of trafficking and change the fundamental conditions
that facilitate trafficking.
(b) Amendment.--The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.) is amended by inserting after section 107 the
following new section:
``SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
The head of each department and agency of the United States Government
that administers funds made available for programs described in this
division and the amendments made by this division in the United States
and foreign countries shall--
``(1) make solicitations of grants, cooperative agreements,
and contracts for such programs publicly available;
``(2) award grants, cooperative agreements, and contracts on
a full and open competitive basis, consistent with existing
law; and
``(3) ensure that internal department or agency review
process for such grants, cooperative agreements, and contracts
is not subject to ad hoc or intermittent review by individuals
or organizations outside the United States Government not
otherwise provided for in the process described in paragraphs
(1) and (2).
``(b) Evaluation of Trafficking Programs.--
``(1) In general.--The President shall establish and
implement a system to monitor and evaluate the effectiveness
and efficiency of assistance provided under anti-trafficking
programs established and carried out under this division and
the amendments made by this division on a program-by-program
basis in order to maximize the long-term sustainable
development impact of such assistance.
``(2) Requirements.--In carrying out paragraph (1), the
President shall--
``(A) establish performance goals for assistance
described in paragraph (1) and express such goals in an
objective and quantifiable form, to the extent
practicable;
``(B) ensure that performance indicators are used for
each United States program authorized by this division
and the amendments made by this division to measure and
assess the achievement of the performance goals
described in subparagraph (A); and
``(C) provide a basis for recommendations for
adjustments to assistance described in paragraph (1) to
enhance the impact of such assistance.
``(c) Targeted Use of Trafficking Programs.--The Director of the
Office to Monitor and Combat Trafficking shall undertake efforts to
provide assistance to foreign countries and nongovernmental
organizations under this division and the amendments made by this
division based on the priorities and country assessments contained in
the most recent report submitted by the Secretary of State to Congress
pursuant to section 110(b) of this Act.
``(d) Consistency With Other Programs.--The President shall take
steps to ensure that the design, monitoring, and evaluation of United
States assistance programs for emergency relief, development, and
poverty alleviation under part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 and other similar United States
assistance programs are carried out in a manner that takes into account
and are consistent with United States policies and other United States
programs relating to combatting trafficking in persons.
``(e) Authorization of Appropriations.--For each of the fiscal
years 2008 through 2011, up to 2 percent of the amounts made available
to carry out this division and the amendments made by this division may
be used to carry out this section.''.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--Subsection (a) of section 108 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106) is amended
in the matter preceding paragraph (1) by striking ``a significant
number of''.
(b) Criteria.--Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting at the end
before the period the following: ``, including in all
appropriate cases requiring incarceration of
individuals convicted of such acts''; and
(B) by inserting after the first sentence the
following new sentence: ``For purposes of the preceding
sentence, suspended or significantly-reduced sentences
for convictions of acts of severe forms of trafficking
in persons shall not be considered to be an indicator
of serious and sustained efforts to eliminate severe
forms of trafficking in persons.'';
(2) in paragraph (2), by inserting at the end before the
period the following: ``, including by providing training to
law enforcement and immigration officials in the identification
and treatment of trafficking victims using approaches that
focus on the needs of the victims'';
(3) in paragraph (3), by striking ``, measures to reduce the
demand for commercial sex acts and for participation in
international sex tourism by nationals of the country'' and
inserting ``, measures to establish the identity of local
populations, including birth registration, citizenship, and
nationality''; and
(4) by adding at the end the following new paragraph:
``(11) Whether the government has made serious and sustained
efforts to reduce the demand for commercial sex acts and for
participation in international sex tourism by nationals of the
country.''.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Countries on Special Watch List Relating to Trafficking in
Persons for Two Consecutive Years.--Subsection (b)(3) of section 110 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is
amended by adding the following at the end the following new
subparagraph:
``(D) Countries on special watch list for two
consecutive years.--If a country is included on the
special watch list described in subparagraph (A) for
two consecutive years, such country shall be included
on the list of countries described in paragraph (1)(C),
unless the Secretary of State determines that (i) the
country has a written plan to begin making significant
efforts to bring itself into compliance with the
minimum standards for the elimination of trafficking,
(ii) the plan, if implemented, would constitute making
such significant efforts, and (iii) the country is
devoting sufficient resources to implement the plan,
and, as part of the report required by paragraph (1)
and the interim assessment required by subparagraph
(B), the Secretary provides to the appropriate
congressional committees credible evidence that the
country meets the requirements of clauses (i) through
(iii). The Secretary may make a determination under the
preceding sentence with respect to a country for not
more than two consecutive years.''.
(b) Clarification of Measures Against Certain Foreign Countries.--
Subsection (d)(1)(A)(ii) of such section is amended by striking ``the
United States will not provide'' and inserting ``the United States will
not provide such assistance to the government of the country for the
subsequent fiscal year and will not provide''.
(c) Translation of Trafficking in Persons Report.--
(1) Translation required.--The Secretary of State shall
expand the timely translation of the annual report required
under section 110(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)) into the principal languages of as
many countries as possible, with particular emphasis on those
countries on the lists described in subparagraphs (B) and (C)
of paragraph (1) of such section and shall ensure that such
translations are made available to the public, including
through postings on appropriate Internet websites.
(2) Matters to be included.--The translation required by
paragraph (1) shall include the introduction, other sections of
general interest, and the relevant country narratives of the
annual report. The Secretary of State shall ensure that such
translations are available on the Internet website of the
Department of State.
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
(a) In General.--Subsection (a)(5) of section 112A of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended
by adding at the end the following new sentence: ``Such mechanism shall
include, not later than two years after the date of the enactment of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2007, the establishment of an integrated data base by combining
all applicable data collected by each Federal department and agency
represented on the Interagency Task Force to Monitor and Combat
Trafficking (established under section 105 of this Act) and, to the
maximum extent practicable, applicable data from relevant international
organizations, for the purposes of improving coordination of the
collection of data related to trafficking in persons by each agency of
the United States Government that collects such data, promoting
uniformity of such data collection and standards and systems related to
such collection, and undertaking a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like conditions.''.
(b) Role of Government.--Subsection (b) of such section is amended
by inserting after ``subsection (a)(4)'' the following: ``and the
second sentence of subsection (a)(5)''.
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 112A the following new
section:
``SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
``(a) Establishment of Award.--The President is authorized to
establish an award for extraordinary efforts engaged in outside the
United States to combat trafficking in persons, to be known as the
`Presidential Award for Extraordinary Efforts to Combat Trafficking in
Persons'. To the maximum extent practicable, the Secretary should make
the award annually to up to 5 individuals or organizations, including
individuals who are United States citizens or foreign nationals and
United States or foreign nongovernmental organizations.
``(b) Selection.--The President shall establish procedures for
selecting recipients of the award authorized under subsection (a).
``(c) Ceremony.--The President shall host an annual ceremony for
recipients of the award authorized under subsection (a) at the time the
report required by section 110(b) of this Act is submitted by the
Secretary of State to Congress pursuant to such section. The Secretary
of State is authorized to pay the costs associated with travel by each
recipient to the ceremony.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2008 through 2011.''.
SEC. 110. RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF
STATE.
(a) Interviews.--
(1) In general.--In the case of a consular interview of an
alien for an employment- or education-based nonimmigrant visa,
the consular officer conducting the interview shall ensure that
the alien has received, both orally in a language that the
applicant understands and though the pamphlet required under
section 202, information relating to the following:
(A) The illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail and
worker exploitation in the United States, and the right
of the alien to retain the alien's passport in the
alien's possession at all times.
(B) The availability of services for victims of human
trafficking and worker exploitation in the United
States, including the contact information for relevant
community organizations that provide services to
trafficking victims (to the extent practicable), the
National Trafficking in Persons and Worker Exploitation
Task Force complaint line, the Operation Rescue and
Restore hotline, and a general description of the types
of victims services available if an individual is
subject to trafficking in persons.
(C) The legal rights of immigrant victims of
trafficking in persons, worker exploitation, and other
related crimes under immigration, labor, and employment
law, including the right to report abuse without
retaliation, the availability of immigration and public
benefits to such victims, and the right to seek redress
in United States courts.
(D) The requirements that section 202(g)(2) places
upon persons engaging in foreign labor contracting
activity.
(2) Review.--Before conducting an interview described in
paragraph (1), the consular officer shall review with the
applicant the summary of the pamphlet required under section
202.
(3) Definition.--In this subsection, the term ``employment-
or education-based nonimmigrant visa'' has the meaning given
such term in section 202(h).
(b) Special Provisions Relating to Aliens Issued A-3 and G-5
Visas.--
(1) Elements of mandatory interview.--The interview required
under subsection (a) shall be required for the issuance to an
alien of a nonimmigrant visa under subparagraph (A)(iii) or
(G)(v) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)). The consular officer conducting the
interview shall ensure that the employment contract of the
alien is in a language that the alien can understand.
(2) Feasibility of oversight of employees of diplomats and
representatives of other institutions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report on the feasibility of--
(A) establishing a system to monitor the treatment of
aliens who have been admitted to the United States as
nonimmigrants described in subparagraph (A)(iii) or
(G)(v) of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) a range of compensation approaches, such as a
bond program, compensation fund, or insurance scheme,
to ensure that nonimmigrants described in subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the
Immigration and Nationality Act receive appropriate
compensation if their employer violates the terms of
their employment contract and, with respect to each
proposed compensation approach, an evaluation and
proposal of how claims of rights violations will be
adjudicated, compensation determinations will be made,
and the program, fund, or scheme will be administered.
(3) Assistance to law enforcement investigations.--The
Secretary of State shall cooperate, to the fullest extent
possible consistent with the United States obligations under
the Vienna Convention on Diplomatic Relations, done at Vienna,
April 18, 1961, (23 U.S.T. 3229), with any investigation by
United States law enforcement authorities of crimes related to
trafficking in persons, worker exploitation, or other related
violations of United States law with respect to an alien
described in paragraph (1).
(4) Zero tolerance for abuse.--
(A) Limitation.--The Secretary of State shall direct
consular officers not to issue a visa to an alien who
applies for a visa under subparagraph (A)(iii) or
(G)(v) of section 101(a)(15) of the Immigration and
Nationality Act if the person who would employ such an
alien serves at a diplomatic mission or an
international institution described in subparagraph (B)
of this paragraph.
(B) Mission or institution.--A diplomatic mission or
international institution is referred to in
subparagraph (A) if--
(i) the Secretary of State determines that an
alien described in paragraph (1) has been
subjected to trafficking of persons, worker
exploitation, or other related violations of
United States law, by an individual serving at
such a mission or institution during the two
year period before the date of the application
for a visa referred to in subparagraph (A); or
(ii) an individual serving at such a mission
or institution has departed the United States
and there is credible evidence that such
individual trafficked, exploited, or otherwise
abused an alien described in paragraph (1).
(C) Exception.--The Secretary of State may suspend
the application of the limitation under subparagraph
(A) if the Secretary determines and reports to the
committees specified in paragraph (2) that a mechanism
is in place to ensure that such trafficking,
exploitation, or abuse does not occur again with
respect to any alien employed by such mission or
institution.
(5) Report.--Not later than June 1, 2008, and annually
thereafter, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
describing the diplomatic missions or international
institutions that are subject to the visa restriction referred
to in subparagraph (A) of paragraph (4), any exceptions that
have been made pursuant to subparagraph (C) of such paragraph
(4), and any requests for waivers of diplomatic immunity that
have been made that are related to actions involving
trafficking of persons, worker exploitation, or other related
violations of United States law. Such report may be combined
with the annual report required by section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)).
SEC. 111. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR
AND COMBAT FORCED LABOR AND CHILD LABOR.
(a) Interim Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
appropriate congressional committees an interim report on the
implementation of section 105(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112(b)), which shall include a
description of the progress made toward developing the list of goods
described in paragraph (2)(C) of such section.
(b) Final Report; Public Availability of List.--Not later than
January 15, 2009, the Secretary of Labor shall--
(1) submit to the appropriate congressional committees a
final report on the implementation of section 105(b) of the
Trafficking Victims Protection Reauthorization Act of 2005,
which shall include an initial list of goods described in
paragraph (2)(C) of such section; and
(2) make available to the public such list of goods in
accordance with paragraph (2)(C) of such section.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
the term in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
SEC. 112. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN
LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.
It is the sense of Congress that the Secretary of State, in
conjunction with the International Labor Organization, the United
Nations Office of Drug and Crime Prevention, and other relevant
international and nongovernmental organizations, should seek to
establish a multilateral framework between labor exporting and labor
importing countries to ensure that workers migrating between such
countries are protected from trafficking in persons and worker
exploitation of any kind.
TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.
(a) T Visas.--Section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``jointly;'' and inserting ``jointly,'';
(B) in subclause (I), by striking the comma at the
end and inserting a semicolon;
(C) in subclause (II), by adding at the end the
following: ``including physical presence on account of
the alien having been allowed entry into the United
States for participation in investigative or judicial
processes;'';
(D) in subclause (III)--
(i) in item (aa), by striking ``or'' at the
end;
(ii) in item (bb), by striking ``, and'' at
the end and inserting ``; and'';
(iii) by redesignating item (bb) as item
(cc); and
(iv) by inserting after item (aa) the
following:
``(bb) in the Secretary's sole and unreviewable
discretion, that the alien is unlikely or unable to
cooperate with such a request due to physical or
psychological trauma; or''; and
(E) in subclause (IV)--
(i) by striking ``involving unusual and
severe harm''; and
(ii) by adding ``and'' at the end;
(2) in clause (ii)(II), by striking ``alien; and'' and
inserting ``alien and any parents or siblings of such alien who
establish a present danger of retaliation as a result of the
alien's cooperation with law enforcement.''; and
(3) by striking clause (iii).
(b) Requirements for T Visa Issuance.--Section 214(o) of the
Immigration and Nationality Act (8 U.S.C. 1184(o)) is amended by adding
at the end the following:
``(8)(A) If the Secretary of Homeland Security, in the
Secretary's discretion and with the consultation of the
Attorney General, determines that a trafficking victim, due to
psychological or physical trauma, is unable to cooperate with a
request for assistance described in section
101(a)(15)(T)(i)(III)(aa), the request is unreasonable.
``(B) In determining whether extreme hardship described in
section 101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland
Security, in consultation with investigators, prosecutors, and
relevant individuals responsible for working with victims and
witnesses shall consider whether the country to which the alien
is likely to be removed can adequately address security
concerns and the mental and physical health needs of the alien
and of persons described in section 101(a)(15)(T)(ii).''.
(c) Expansion of Authority To Permit Continued Presence in the
United States.--
(1) In general.--Section 107(c)(3) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended to
read as follows:
``(3) Authority to permit continued presence in the united
states.--
``(A) Trafficking victims.--
``(i) In general.--Upon application from law
enforcement officials, the Secretary of
Homeland Security may permit an alien's
continued presence in the United States if--
``(I) after a prima facie assessment,
the Secretary determines that such
alien may be a victim of a severe form
of trafficking; and
``(II) the Secretary is notified by
such law enforcement officials that
such alien may be a potential witness
to such trafficking, in order to
effectuate prosecution of those
responsible.
``(ii) Safety.--Federal law enforcement
officials described in clause (i), in
investigating and prosecuting traffickers,
shall protect the safety of trafficking
victims, including taking measures to protect
trafficked persons and their family members
from intimidation, threats of reprisals, and
reprisals from traffickers and their
associates.
``(iii) Continuation of presence.--The
Secretary shall continue to permit the
continued presence of an alien described in
clause (i) if such alien has filed a civil
action under section 1595 of title 18, United
States Code, until such action is concluded.
``(B) Parole for relatives.--Pursuant to section
240A(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(b)), as added by section 205 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, law enforcement officials
may submit a written request to the Secretary of
Homeland Security to permit the parole into the United
States of certain relatives of an alien described in
subparagraph (A)(i).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall apply to requests for continued presence filed pursuant
to section 107(c)(3) of the Trafficking Victims Protection Act
(22 U.S.C. 7105(c)(3)) before, on, or after such date, except
that this paragraph does not permit the application of section
107(c)(3)(A) of such Act, as added by paragraph (1), to an
alien who is not present in the United States.
(d) Adjustment of Status .--Section 245(l) of the Immigration and
Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1)(B), by inserting ``subject to paragraph
(6),'' after ``(B)'';
(2) in paragraph (1)(C)(ii), by striking ``involving unusual
and severe harm''; and
(3) by adding at the end the following new paragraph--
``(6) For purposes of paragraph (1)(B), the Secretary of Homeland
Security, in the Secretary's sole and unreviewable discretion, may
waive consideration of a disqualification from good moral character
(described in section 101(f)) with respect to an alien if the
disqualification was caused by, or was incident to, the trafficking
described in section 101(a)(15)(T)(i)(I).''.
SEC. 202. INFORMATION FOR WORK-BASED NONIMMIGRANTS ON LEGAL RIGHTS AND
RESOURCES.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State and the Trafficking in Persons
and Worker Exploitation Task Force, shall develop an information
pamphlet, as described in subsection (b), on legal rights and resources
for aliens applying for employment- or education-based nonimmigrant
visas, and shall distribute and make such pamphlet available as
described in subsection (e). In preparing the information pamphlet, the
Secretary of Homeland Security shall consult with nongovernmental
organizations with expertise on the legal rights of workers and victims
of severe forms of trafficking in persons.
(b) Information Pamphlet.--The information pamphlet developed under
subsection (a) shall include information on employment- or education-
based nonimmigrant visas or on student or cultural exchanges, as
follows:
(1) The nonimmigrant visa application processes, including
information about whether the particular employment- or
education-based nonimmigrant visa program includes portability
of employment or educational institution.
(2) The illegality of slavery, peonage, trafficking in
persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States.
(3) Services for victims of severe forms of trafficking in
persons and worker exploitation in the United States, including
the Trafficking in Persons and Worker Exploitation Task Force
complaint line and the Operation Rescue and Restore hotline.
(4) The legal rights of immigrant victims of worker
exploitation and other crimes in immigration, criminal justice,
family law, and other matters, including the right of access to
immigrant and labor rights groups, the right to seek redress in
United States courts, and the right to report abuse without
retaliation.
(5) The requirements that subsection (g) places upon a person
engaging in foreign labor contracting activity, including the
disclosure of any debts.
(c) Summaries.--The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, shall develop
summaries of the information pamphlet developed under subsection (a)
that shall be used by Federal officials when reviewing the pamphlet in
interviews required by section 110.
(d) Translation.--
(1) In general.--In order to best serve the language groups
having the greatest concentration of employment- or education-
based nonimmigrant visas, the information pamphlet developed
under subsection (a) shall, subject to paragraph (2), be
translated by the Secretary of State into foreign languages,
including Russian, Spanish, Tagalog, Vietnamese, Chinese,
Ukrainian, Thai, Korean, Polish, Japanese, French, Creole,
Arabic, Portuguese, Hindi, and such other languages as the
Secretary of State, in the Secretary's discretion, may specify.
(2) Revision.--Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine at least 14 specific
languages into which the information pamphlet shall be
translated based on the languages spoken by the greatest
concentrations of employment- or education-based nonimmigrant
visas.
(e) Availability and Distribution.--
(1) Posting on federal websites.--The information pamphlet
developed under subsection (a) shall be posted on the websites
of the Department of State and the Department of Homeland
Security, as well as on the websites of all United States
consular posts processing applications for nonimmigrant visas.
(2) Other distribution.--The information pamphlet developed
under subsection (a) shall also be made available to any
foreign labor broker, government agency, or nongovernmental
advocacy organization.
(f) Deadline for Pamphlet Development and Distribution.--The
information pamphlet developed under subsection (a) shall be
distributed and made available (including in the languages specified
under subsection (d)) not later than 120 days after the date of the
enactment of this Act.
(g) Protections for Workers Recruited Abroad.--
(1) Definitions.--In this section--
(A) the term ``foreign labor contractor'' means any
person who for any money or other consideration paid or
promised to be paid, performs any foreign labor
contracting activity;
(B) the term ``foreign labor contracting activity''
means recruiting, soliciting, hiring, employing, or
furnishing, an individual who resides outside of the
United States to be employed in the United States; and
(C) the term ``worker'' means an individual who is
the subject of foreign labor contracting activity.
(2) Disclosure.--Any person who engages in foreign labor
contracting activity shall ascertain and disclose in writing,
in English and in a language understood by the worker being
recruited, to each worker who is recruited for employment, at
the time of the worker's recruitment, the following
information:
(A) The location and period of employment, and any
travel or transportation expenses to be assessed.
(B) The compensation for the employment and any other
employee benefit to be provided and any costs to be
charged for each benefit.
(C) A description of employment requirements and
activities.
(D) The existence of any labor organizing effort,
strike, lockout, or other labor dispute at the place of
employment.
(E) The existence of any arrangement with any person
involving the receipt of a commission or any other
benefit for the provision of items or services to
workers.
(F) The extent to which workers will be compensated
through workers' compensation, private insurance, or
other means for injuries or death.
(G) Any education or training to be provided or
required, including the nature and cost of such
training and the person who will pay such costs, and
whether the training is a condition of employment,
continued employment, or future employment.
(3) Restriction.--No foreign labor contractor or employer who
engages in foreign labor contracting activity shall knowingly
provide materially false or misleading information to any
worker concerning any matter required to be disclosed under
paragraph (2). The disclosure required by this section is a
document concerning the proper administration of a matter
within the jurisdiction of a department or agency of the United
States for the purposes of section 1519 of title 18, United
States Code.
(4) Registration.--
(A) In general.--Before engaging in any foreign labor
contracting activity, any person who is a foreign labor
contractor shall obtain a certificate of registration
from the Secretary of Labor specifying the activities
that such person is authorized to perform.
(B) Issuance.--The Secretary shall promulgate
regulations to establish an efficient electronic
process for the investigation and approval of an
application for a certificate of registration of
foreign labor contractors not later than 14 days after
such application is filed, including--
(i) requirements under paragraphs (1), (4),
and (5) of section 102 of the Migrant and
Seasonal Agricultural Worker Protection Act (29
U.S.C. 1812);
(ii) an expeditious means to update
registrations and renew certificates; and
(iii) any other requirements that the
Secretary may prescribe.
(C) Term of registration.--Unless suspended or
revoked, a certificate under this subparagraph shall be
valid for 2 years.
(D) Refusal to issue; revocation.--In accordance with
regulations promulgated by the Secretary of Labor, the
Secretary shall refuse to issue or renew, or shall
revoke, after notice and an opportunity for a hearing,
a certificate of registration under this subparagraph
if--
(i) the applicant for, or holder of, the
certification has knowingly made a material
misrepresentation in the application for such
certificate;
(ii) the applicant for, or holder of, the
certification is not the real party in interest
in the application or certificate of
registration and the real party in interest--
(I) is a person who has been refused
issuance or renewal of a certificate;
(II) has had a certificate revoked;
or
(III) does not qualify for a
certificate under this paragraph; or
(iii) the applicant for, or holder of, the
certification has failed to comply with this
subsection.
(E) Complaints and investigations.--The Secretary of
Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting
a foreign labor contractor's compliance with this
subsection. Complaints may be filed by any aggrieved
person or organization (including bargaining
representatives). No investigation or hearing shall be
conducted on a complaint concerning a violation of this
subsection unless the complaint was filed not later
than 12 months after the date of the violation. The
Secretary shall conduct an investigation under this
paragraph if there is reasonable cause to believe that
such a violation occurred.
(F) Maintenance of lists.--
(i) In general.--The Secretary shall maintain
a list of all foreign labor contractors
registered under this Act; and
(ii) Public availability.--The Secretary
shall make the list described in clause (i)
publicly available, including through
publication on the Internet.
(G) Re-registration of violators.--The Secretary
shall provide a procedure by which a foreign labor
contractor that has had its registration revoked may
seek to re-register under this paragraph by
demonstrating to the Secretary's satisfaction that the
foreign labor contractor has not violated this section
in the previous 5 years.
(5) Amendment to immigration and nationality act.--Section
214 of the Immigration and Nationality Act is amended by adding
at the end the following:
``(s) A visa shall not be issued under the subparagraph (A)(iii),
(G)(v), (H), (J), (L), (Q), or (R) of section 101(a)(15) until the
consular officer--
``(1) has provided to and reviewed with the applicant, in the
applicant's language (or a language the applicant understands),
a copy of the information and resources pamphlet required by
section 202 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2007; and
``(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by such section
202.''.
(6) Enforcement provisions.--
(A) Administrative enforcement.--The Secretary of
Labor may impose, for knowingly or recklessly failing
to comply with the requirements of this section--
(i) a fine in an amount not more than $4,000
per affected worker; and
(ii) upon the occasion of a third offense or
failure to comply with representations, a fine
of not more than $10,000 per affected worker.
(B) Civil action.--
(i) In general.--The Secretary of Labor may
bring a civil action in any court of competent
jurisdiction--
(I) to seek remedial action,
including injunctive relief;
(II) to recover damages suffered by
any worker harmed by such a violation,
which shall include wages owed, and any
debts incurred or fees paid by such
worker, to any person, in reliance on
the representations of the defendant or
agents of the defendants; and
(III) to ensure compliance with
requirements of this section.
(ii) Sums recovered.--Any sums recovered by
the Secretary on behalf of an employee under
clause (i) shall be held in a special deposit
account and shall be paid, on order of the
Secretary, directly to each employee affected.
Any such sums not paid to an employee because
of inability to do so within a period of 3
years shall be credited as an offsetting
collection to the appropriations account of the
Secretary of Labor for expenses for the
administration of this section and shall remain
available to the Secretary until expended.
(iii) Representation.--Except as provided in
section 518(a) of title 28, United States Code,
the Solicitor of Labor may appear for and
represent the Secretary of Labor in any civil
litigation brought under this subsection. All
such litigation shall be subject to the
direction and control of the Attorney General.
(C) Agency liability.--An employer who retains the
services of a foreign labor contractor shall only use
those foreign labor contractors who are registered
under paragraph (4). An employer who uses a foreign
labor contractor who is not registered under paragraph
(4), or who uses a foreign labor contractor knowing or
in reckless disregard that such contractor has violated
any provision of this subsection, shall be subject to
the provisions of this paragraph for violations
committed by such foreign labor contractor to the same
extent as if the employer had committed the violation.
(h) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant visa.--The
term ``employment- or education-based nonimmigrant visa'' means
a nonimmigrant visa issued for the purpose of employment,
education, or training in the United States, including a visas
issued under subparagraph (A)(iii), (G)(v), (H), (J), (L), (Q),
or (R) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given the term in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF HOMELAND SECURITY AND
ATTORNEY GENERAL.
(a) T Visa Classification.--Section 101(a)(15)(T)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)), as
amended by section 201(a), is further amended by striking ``, or in the
case of subclause (III)(aa) the Secretary of Homeland Security and the
Attorney General jointly,''.
(b) Adjustment of Status for Victims of Trafficking.--Section
245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(1))
is amended--
(1) in the matter preceding subparagraph (A), by striking ``,
or in the case of subparagraph (C)(i), the Attorney
General,,'';
(2) in subparagraph (A), by striking ``Attorney General,''
and inserting ``Secretary of Homeland Security,''; and
(3) in subparagraph (C)(ii), by striking ``, or in the case
of subparagraph (C)(i), the Attorney General,''.
(c) Adjustment of Status for Crime Victims.--Section 245(m)(1) of
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``unless the
Attorney General'' and inserting ``unless the Secretary''.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND
APPLICATIONS FOR RELIEF.
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227)
is amended by adding at the end the following:
``(d)(1) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal alien or a
derivative relative) under section 101(a)(15)(T) has been filed, if the
application sets forth a prima facie case for approval, the Secretary
of Homeland Security may grant the alien a stay of removal or
deportation until the application is approved or the application is
denied after exhaustion of administrative appeals. Any appeal of the
denial of a stay of removal or deportation under this paragraph must
accompany any appeal of the underlying substantive petition or
application for benefits.
``(2) During a period in which an alien is provided a stay of
removal under this subsection, the alien shall not be removed or
deported.
``(3) Nothing in this subsection shall be construed as limiting the
authority of the Secretary of Homeland Security to grant a stay of
removal or deportation in any case not described in this subsection.''.
SEC. 205. PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.
Section 240A(b) of the Immigration and Nationality Act (8 U.S.C.
1229b(b)) is amended by adding at the end the following:
``(6) Relatives of trafficking victims.--
``(A) In general.--Upon written request by a law
enforcement official, the Secretary of Homeland
Security shall grant parole under section 212(d)(5) to
any alien who is a relative of an alien granted
continued presence pursuant to section 107(c)(3)(A) of
the Trafficking Victims Protection Act (22 U.S.C.
7105(c)(3)(A)), if the relative was, on the date on
which law enforcement applied for such continued
presence--
``(i) in the case of an alien granted
continued presence who is under 21 years of
age, the spouse, child, parent, or unmarried
sibling under 18 years of age, of the alien; or
``(ii) in the case of an alien granted
continued presence who is 21 years of age or
older, the spouse or child of the alien, or a
parent or sibling of the alien who establishes
a present danger of retaliation as a result of
the alien's cooperation with law enforcement.
``(B) Duration of parole.--
``(i) In general.--The grant of parole under
subparagraph (A) shall extend until the date an
application filed by the principal alien under
section 101(a)(15)(T)(ii) has been finally
adjudicated.
``(ii) Other limits on duration.--If no such
application is filed, the grant of parole shall
extend until the later of--
``(I) the date on which the principal
alien's continued presence in the
United States under section
107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C.
7105(c)(3)(A)) is terminated; or
``(II) the date on which a civil
action filed by the principal alien
under section 1595 of title 18, United
States Code, is concluded.
``(iii) Due diligence.--Failure by the
principal alien to exercise due diligence in
filing a visa petition on behalf of an alien
described in clause (i) or (ii) of subparagraph
(A) may result in revocation of parole.''.
SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION
REAUTHORIZATION ACT OF 2005.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall issue interim regulations
regarding the adjustment of status to permanent residence for
nonimmigrants admitted into the United States under section
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)). If the regulations are not issued before such
deadline, the Secretary shall submit a report to the Committee on
Foreign Affairs and the Committee on the Judiciary of the House of
Representatives and the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate explaining in detail the
reasons such regulations have not been issued.
Subtitle B--Assistance for Trafficking Victims
SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROCESS.
Subsection 107(b)(1)(E) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(b)(1)(E)), is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``consultation'' and all that follows through
``person'' and inserting ``consultation with the
Attorney General or the Secretary of Homeland Security,
that the person''; and
(B) in subclause (II)(bb), by striking ``United
States'' and all that follows through ``ensuring'' and
inserting ``United States the Secretary of Homeland
Security is ensuring''; and
(2) in clause (ii), by striking ``so long as'' and all that
follows through ``determines'' and inserting ``so long as the
Secretary of Homeland Security determines''.
SEC. 212. ASSISTANCE FOR CERTAIN VISA APPLICANTS.
(a) In General.--Section 431(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is
amended--
(1) by striking ``or'' at the end of paragraph (2)(B);
(2) by striking the period at the end of paragraph (3)(B) and
inserting ``or;''; and
(3) by adding at the end the following:
``(4) an alien who has applied for and not been denied, or
who holds, status as a nonimmigrant under clause (i) or (ii) of
section 101(a)(15)(T) of the Immigration and Nationality
Act.''.
(b) Construction.--The provisions of section 431(c)(4) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(4)), as added by subsection (a), are in addition to
the access to public benefits provided in the Trafficking Victims
Protection Act of 2000 and the Trafficking Victims Reauthorization Act
of 2003.
(c) Effective Date.--The amendments made by subsection (a) apply to
applications for public benefits and public benefits provided on or
after the date of the enactment of this Act without regard to whether
regulations to carry out such amendments are implemented.
SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF TRAFFICKING.
(a) In General.--Subsection (b)(1) of section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended
by adding at the end the following new subparagraphs:
``(F) Eligibility of interim assistance for child
victims.--
``(i) Determination.--With respect to a
person referred to in subparagraph (C)(ii)(I)
who is seeking assistance under this paragraph,
if credible information is presented on behalf
of the person that the person has been
subjected to a severe form of trafficking in
persons, the Secretary of Health and Human
Services shall promptly make a determination of
the person's eligibility under this paragraph.
``(ii) Exclusive authority.--The Secretary of
Health and Human Services shall have exclusive
authority in making determinations of
eligibility under clause (i).
``(iii) Duration.--Assistance provided under
this paragraph for an individual determined to
be eligible under clause (i) may be provided
for up to 90 days and may be extended for an
additional 30 days.
``(iv) Sense of congress.--It is the sense of
Congress that--
``(I) to ensure the best interests of
the child and to create an increased
chance of cooperation by child victims
of severe forms of trafficking in
persons, the United States Government
should provide assistance to protect
and care for such child victims during
the pendency of proceedings to
determine whether a child is a victim
of severe forms of trafficking; and
``(II) in order to further the
objective of subclause (I), the
Secretary of Health and Human Services
should make the determination of
eligibility for assistance under clause
(i) on the basis of the information
provided and the Secretary's own
assessment of such information without
regard to the assessments by other
departments and agencies of the United
States Government regarding whether
such child victim's application for
relief or benefits under this Act or
the Immigration and Nationality Act
will be approved.
``(G) Notification of child victims for interim
assistance.--
``(i) Federal officials.--Any Federal
official who has reason to believe that a
person may be a juvenile victim of trafficking
referred to in subparagraph (C)(ii)(I) shall
notify the Secretary of Health and Human
Services not later than 48 hours after the
official first learns that the person may be a
juvenile victim of trafficking for the purpose
of facilitating the provision of interim
assistance under subparagraph (F).
``(ii) State and local officials.--Any State
or local official who has reason to believe
that a person may be a juvenile victim of
trafficking referred to in subparagraph
(C)(ii)(I) shall notify the Secretary of Health
and Human Services not later than 72 hours
after the official first learns that the person
may be a juvenile victim of trafficking for the
purpose of facilitating the provision of
interim assistance under subparagraph (F).''.
(b) Training of Government Personnel.--Subsection (c)(4) of such
section is amended--
(1) by striking ``and the Department of Justice'' and
inserting ``, the Department of Homeland Security, and the
Department of Health and Human Services'';
(2) by inserting before the period at the end the following:
``, including the identification of juvenile victims of
trafficking''; and
(3) by adding at the end the following new sentence: ``The
Attorney General and the Secretary of Heath and Human Services
shall provide education and guidance to State and local
officials on the identification of aliens who are the victims
of severe forms of trafficking, and in particular child victims
of trafficking, including education and guidance on the
requirements of subsection (b)(1)(G)(ii).''.
SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.
(a) Amendments to the Trafficking Victims Protection Act of 2000.--
(1) Assistance for united states citizens.--Section 107 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105)
is amended by adding at the end the following:
``(h) Assistance for United States Citizens.--
``(1) In general.--The Secretary of Health and Human Services
and the Attorney General, in consultation with the Secretary of
State and the Secretary of Labor, are authorized to establish a
program to provide assistance to United States citizens who are
victims of severe forms of trafficking. In determining the
types of assistance that would be most beneficial for such
victims, the Secretary of Health and Human Services and the
Attorney General shall consult with nongovernmental
organizations that provide services to victims of severe forms
of trafficking in the United States.
``(2) Use of existing programs.--In addition to such other
specialized services as may be required for victims described
in paragraph (1), the program established pursuant to paragraph
(1) shall facilitate communication and coordination between the
providers of assistance to such victims, and provide a means of
identifying such providers and making referrals to programs for
which such victims are already eligible (including programs
administered by the Department of Justice and the Department of
Health and Human Services).
``(3) Grants.--The Secretary of Health and Human Services and
the Attorney General may make grants to States, Indian tribes,
units of local government, and non-profit, nongovernmental
victims' service organizations to develop, expand, and
strengthen victim service programs authorized under this
subsection. The Federal share of a grant made under this
subsection may not exceed 75 percent of the total costs of the
projects described in the application submitted.''.
(2) Authorization of appropriations.--Section 113 of such Act
(22 U.S.C. 7110) is amended--
(A) in subsection (b), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Secretary of Health and Human Services
$2,500,000 for fiscal year 2008, $5,000,0000 for fiscal
year 2009, $10,000,000 for fiscal year 2010, and
$15,000,000 for fiscal year 2011.''; and
(B) in subsection (d), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Attorney General $2,500,000 for fiscal year
2008, $5,000,0000 for fiscal year 2009, $10,000,000 for
fiscal year 2010, and $15,000,000 for fiscal year
2011.''.
(b) Assistance for Potential Victims of Trafficking and Related
Crimes.--
(1) Victims of crimes act.--The Attorney General is
authorized to use funds available under the Victims of Crimes
Act of 1984 to provide assistance to persons victimized in
cases brought under chapter 117 of title 18, United States
Code.
(2) Use of existing programs.--The President is authorized to
facilitate communication and coordination between the providers
of assistance to persons victimized in cases brought under
chapter 117 of title 18, United States Code, and to provide a
means of identifying such providers and making referrals to
programs for which such victims are already eligible (including
programs administered by the Department of Justice and the
Department of Health and Human Services).
(3) Effect on other programs.--Nothing in this section or the
amendments made by this section shall derogate from the
programs for victims of sexual abuse or commercial sexual
exploitation or survivors of sexual abuse or commercial sexual
exploitation authorized by section 202 of the Trafficking
Victims Protection Reauthorization of 2005.
(c) Partnerships Among Organizations.--Beginning not later than 120
days after the date of the enactment of this Act, all applications for
grants made by the Attorney General or the Secretary of Health and
Human Services to States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service organizations to establish
or maintain assistance programs for victims of severe forms of
trafficking in persons or sex trafficking that occurs, in whole or in
part, within the territorial jurisdiction of the United States shall
include a statement by the applicant of whether the services will be
available to both United States citizens and foreign trafficking
victims, or if the applicant intends to specialize in serving a
particular victim population, what referral mechanisms or collaborative
relationships they will undertake to ensure that all victims are
assisted regardless of alienage. The statement required by this section
will not be used to make a determination regarding the award of the
grant.
(d) Study.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall submit to the
appropriate congressional committees a report identifying the
existence or extent of any service gap between foreign and
United States citizen victims of severe forms of trafficking
and victims of sex trafficking, as defined in section 103 of
the Trafficking Victims Protection Act of 2000.
(2) Elements.--In carrying out the study under subparagraph
(1), the Attorney General and Secretary of Health and Human
Services shall--
(A) investigate factors relating to the legal ability
of foreign and United States citizen victims of
trafficking to access government-funded social services
in general, including the application of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal
Immigration and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009 et
seq.);
(B) investigate any other impediments to the access
of foreign and United States citizen victims of
trafficking to government-funded social services in
general;
(C) investigate any impediments to the access of
foreign and United States citizen victims of
trafficking to government-funded services targeted to
victims of severe forms of trafficking and victims of
sex trafficking;
(D) investigate the effect of trafficking service-
provider infrastructure development, continuity of
care, and availability of caseworkers on the eventual
restoration and rehabilitation of foreign and United
States citizen victims of trafficking; and
(E) include findings, best practices, and
recommendations based on the study of the elements in
subparagraphs (A) through (D) and any other related
information.
Subtitle C--Penalties Against Traffickers and Other Crimes
SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED OFFENSES.
(a) Clarifying Amendment.--Section 1591(a) of title 18, United
States Code, is amended--
(1) by striking ``that the person has not attained the age of
18 years and'' and inserting ``that the person (being a person
who has not attained the age of 18 years)''; and
(2) by inserting at the end ``In a prosecution under this
subsection, the Government need not prove that the defendant
knew that the person had not attained the age of 18 years.''.
(b) Compelled Service.--
(1) In general.--Section 1592 of title 18, United States
Code, is amended to read as follows:
``Sec. 1592. Unlawful compelled service
``(a) Generally.--Whoever knowingly, with intent to obtain or
maintain the labor or services of a person or to obtain or maintain a
person for use in a commercial sex act (as defined in section 1591)--
``(1) destroys, conceals, removes, confiscates, or possesses
any actual or purported passport or other immigration document,
or any other actual or purported government identification
document, of another person to prevent or restrict or to
attempt to prevent or restrict, without lawful authority, the
persons ability to move or travel;
``(2) improperly uses a position of real or apparent
governmental authority;
``(3) asserts as fact, exposes, or threatens to expose, a
matter, whether true or false, tending to subject some person
to hatred, contempt or ridicule; or
``(4) exposes any person to bankruptcy or other financial
harm,
shall be punished as provided in subsection (b).
``(b) Punishment.--A violator of subsection (a) shall--
``(1) if the offense involved a violation of subsection
(a)(1) or (2), or a violation of subsection (a)(3) in which
bodily injury, incarceration, or deportation occurred as a
result of the blackmail, be fined under this title or
imprisoned not more than 5 years, or both;
``(2) if the offense involved a violation of subsection
(a)(3) not resulting in bodily injury or incarceration, or a
violation of subsection (a)(4) in which bankruptcy or financial
harm occurred and the loss of at least one person was over ten
thousand dollars, be fined under this title or imprisoned not
more than 3 years, or both; and
``(3) in any other case, be fined under title 18, United
States Code, or imprisoned not more than one year, or both.
``(c) Definition.--For purposes of this paragraph, `financial harm'
includes the factors set forth in section 892(b) of this title, and
fees charged for foreign labor contracting activity, as defined in
section 202(g) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2007, that are not reasonably related
to services provided to the foreign worker.''.
(2) Clerical amendment.--The item relating to section 1592 in
the table of sections at the beginning of chapter 77 of title
18, United States Code, is amended to read as follows:
``1592.Unlawful compelled service.''.
(c) Restitution of Forfeited Assets.--(1) Section 1593(b) of title
18, United States Code, is amended by inserting at the end the
following:
``(4) The distribution of proceeds among multiple victims in an
order of restitution under this section shall govern the distribution
of forfeited funds through the processes of remission or restoration
under this section or any other statute that explicitly authorizes
restoration or remission of forfeited property.''
(2) Section 1594 of title 18, United States Code, is amended--
(A) in subsection (b), by striking ``The court,'' and
inserting ``Subject to remission or restoration, the court,'';
and
(B) in subsection (c), by adding at the end the following:
``(3) The Attorney General shall grant restoration or remission of
property to victims of an offense under this chapter that result in
forfeiture under this section or under any other statute that
explicitly authorizes restoration or remission of forfeited property.
``(4) In a prosecution brought under any other provision of Federal
law, the Attorney General may grant restoration or remission of
property to victims of severe forms of trafficking as defined in
section 103 of the Trafficking Victims Protection Act of 2000, in
accordance with section 1594(b)(4).''.
(d) Enhancement of Civil Action.--Section 1595 of title 18, United
States Code, is amended--
(1) in subsection (a) by--
(A) by striking ``of section 1589, 1590, or 1591'';
and
(B) by inserting ``(or any person who knowingly
benefits, financially or by receiving anything of value
from participation in a venture which has engaged in an
act in violation of this chapter)'' after
``perpetrator''.
(2) by adding at the end the following:
``(c) No action shall be maintained under this section unless it is
commenced within 10 years after the cause of action arose.''.
(e) Ending Foreign Labor Contracting Abuses.--
(1) In general.--Chapter 73 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1521. Retaliation in foreign labor contracting
``(a)(1) Whoever knowingly uses intimidation, threatens, or
corruptly persuades another person, or attempts to do so, or engages in
misleading conduct toward another person, with intent to prevent or to
retaliate against such person for--
``(A) the disclosure of information by such person concerning
violations with respect to aliens of the provisions of
employment-based immigration programs or any other Federal
labor or employment law; or
``(B) the cooperation of such person in an investigation or
other proceeding concerning compliance with respect to aliens
with the requirements of employment-based immigration programs
or any other Federal labor or employment law,
shall be punished as provided in paragraph (2).
``(2) A violator of paragraph (1) shall--
``(A) if death results from the violation, or if the
violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse, or the attempt to commit aggravated
sexual abuse, or an attempt to kill, be fined under this title
or imprisoned for any term of years or life, or both;
``(B) if the offense resulted in bodily injury, but not
death, be fined under this title or imprisoned for not more
than 10 years, or both; or
``(C) in any other case, be fined under this title or
imprisoned not more than 5 years, or both.
``(b) An individual who is the victim of an offense under this
section may, in a civil action, recover damages (including reasonable
attorneys' fees) for the harm done the victim by that offense. Any
civil action filed under this section shall be stayed during the
pendency of any criminal action arising out of the same occurrence in
which the claimant is the victim.
``(c) For the purposes of this section, the term `employment-based
immigration' means a nonimmigrant visa issued for the purpose of
employment, student exchange employment, or job training in the United
States, including those issued under subparagraph (A)(iii), (G)(v),
(H), (J), (L), (Q), or (R) of section 101(a)(15) of the Immigration and
Nationality Act.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
``1521. Retaliation in foreign labor contracting.''.
(f) Transportation Generally.--Section 2422(a) of title 18, United
States Code, is amended--
(1) by inserting ``or affecting'' after ``travel in''; and
(2) by inserting ``in the special maritime and territorial
jurisdiction of the United States,'' after ``foreign
commerce,''.
(g) Sex Tourism.--
(1) Generally.--Chapter 117 of title 18, United States Code,
is amended by inserting after section 2423 the following:
``Sec. 2423A. Sex tourism
``(a) Travel With Intent To Engage in Illicit Sexual Conduct.--A
person who travels in interstate commerce or travels into the United
States, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, for the
purpose of engaging in any illicit sexual conduct with another person
shall be fined under this title or imprisoned not more than 10 years,
or both.
``(b) Engaging in Illicit Sexual Conduct in Foreign Places.--Any
United States citizen or alien admitted for permanent residence who
travels in foreign commerce, and engages in any illicit sexual conduct
with another person shall be fined under this title or imprisoned not
more than 10 years, or both.
``(c) Arranging Travel and Related Conduct.--Whoever, for the
purpose of commercial advantage or private financial gain, arranges,
induces, procures, or facilitates the travel of a person knowing that
such a person is traveling in interstate commerce or foreign commerce
for the purpose of engaging in illicit sexual conduct shall be fined
under this title, imprisoned not more than 10 years, or both.
``(d) Increased Penalty for Offenses Involving Children.--If the
illicit sexual conduct is with a child, the maximum term of
imprisonment for an offense under this section is 30 years.
``(e) Attempt and Conspiracy.--Whoever attempts or conspires to
violate this section shall be punishable in the same manner as for the
completed violation.
``(f) Definitions.--As used in this section--
``(1) the term `illicit sexual conduct' means--
``(A) a sexual act (as defined in section 2246) that
would be in violation of chapter 109A if the sexual act
occurred in the special maritime and territorial
jurisdiction of the United States; or
``(B) any commercial sex act (as defined in section
1591); and
``(2) the term `child' means a person under 18 years of age.
``(g) Defense.--In a prosecution under this section for a violation
where an element of the offense involves a commercial sex act with a
child, it is a defense, which the defendant must establish by a
preponderance of the evidence, that the person engaging in that act
reasonably believed that the other person was not a child.'';
(2) Conforming amendment.--Section 2423 of title 18, United
States Code, is amended by striking subsections (b) through
(g).
(3) Amendment to table of sections.--The table of sections at
the beginning of chapter 117 of title 18, United States Code,
is amended by inserting after the item relating to section 2423
the following new item:
``2423A. Sex tourism.''.
(h) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable--
(1) to persons convicted of offenses created by this section
other than those created by subsections (f) and (g), to ensure
conformity with the United States Sentencing Guidelines,
sections 2H4.1 (peonage offenses) and 2H4.2 (labor offenses);
and
(2) to persons convicted of offenses created by subsection
(f) or (g) of this section, to ensure conformity with the
United States Sentencing Guidelines, sections 2G1.1 (promoting
commercial sex acts with persons other than minors) and 2G1.3
(promoting commercial sex acts or prohibited sexual conduct
with a minor, and related offenses.
SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.
(a) In General.--Chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
``(a) In General.--In addition to any domestic or extra-territorial
jurisdiction otherwise provided by law, the courts of the United States
have extra-territorial jurisdiction over any offense (or any attempt or
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589,
1590, or 1591 if--
``(1) an alleged offender or victim of the offense is a
national of the United States or an alien lawfully admitted for
permanent residence (as those terms are defined in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101)); or
``(2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
``(b) Limitation on Prosecutions of Offenses Prosecuted in Other
Countries.--No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 77 of title 18, United States Code, is amended by adding at the
end the following new item:
``1596. Additional jurisdiction in certain trafficking offenses.''.
SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO TRAFFICKING.
(a) Aliens Entering the United States.--
(1) In general.--Section 278 of the Immigration and
Nationality Act (8 U.S.C. 1328) is amended to read as follows:
``aliens in prostitution
``Sec. 278. (a) Generally.--Whoever, for the purposes of
prostitution or for any other any sexual activity for which any person
can be charged with a criminal offense--
``(1) knowingly imports or attempts to import any alien; or
``(2) knowing or in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to come to,
enter, or reside in the United States, knowingly holds, keeps,
maintains, supports, employs, or harbors the individual in any
place in the United States, including any building or any means
of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not
more than 10 years, or both.
``(b) Special Evidentiary Rule.--In all prosecutions under this
section, the testimony of a husband or wife shall be admissible and
competent evidence against each other.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by amending the item
relating to section 278 to read as follows:
``Sec. 278. Aliens in prostitution.''.
(b) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable to persons convicted of offenses created
by this section to ensure conformity with the United States Sentencing
Guidelines, section 2H4.1 (peonage offenses) in violations involving a
holding under section 278(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1328(a)(2)), and section.2G1.1 otherwise.
(c) IMBRA Violations.--Section 833(d)(5)(B) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) is amended by striking ``interstate or foreign commerce, an
international marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates'' and inserting
``interstate or foreign commerce or within the special maritime and
territorial jurisdiction of the United States, an international
marriage broker that violates''.
SEC. 224. MODEL STATUTES PROVIDED TO STATES.
(a) Required Changes to Model Statute.--The Attorney General shall
ensure that any model antitrafficking statute provided to any State
shall specifically provide that no provision of such model statute
shall be construed as derogating from or in any way limiting or
constraining the operation of State law relating to prostitution and
individuals involved in securing, exploiting, or otherwise abusing
prostitutes.
(b) Publication.--The Attorney General shall ensure that any new
model statute that is consistent with subsection (a) shall be
immediately put on the website of the Department of Justice in place of
the existing statute.
(c) Additional Model State Statute.--The Department of Justice
shall draft and post on the website of the Department of Justice a
model state statute setting forth best legislative practices in the
area of state and local antiprostitution enforcement for use by States
of the United States.
Subtitle D--Activities of the United States Government
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (A), by inserting ``the Attorney
General,'' after ``the Secretary of Labor,'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) by redesignating subparagraph (H) as subparagraph (J);
and
(4) by inserting after subparagraph (G) the following new
subparagraphs:
``(H) activities by the Department of Defense to
combat trafficking in persons, including educational
efforts for and disciplinary actions taken against
members of the United States Armed Forces, materials
included in training of the armed forces of foreign
countries, and efforts to ensure that United States
Government contractors do not engage in trafficking in
persons;
``(I) activities or actions by Federal departments
and agencies to enforce--
``(i) section 106(g) of this Act and any
similar provision of law, regulation, or policy
relating to United States Government
contractors and their employees or United
States Government subcontractors and their
employees that engage in severe forms of
trafficking in persons, procurement of
commercial sex acts, or use of forced labor,
including debt bondage;
``(ii) section 307 of the Tariff Act of 1930
(19 U.S.C. 1307; relating to prohibition on
importation of convict made goods), including
any determinations by the Secretary of Homeland
Security to waive the restrictions of such
section; and
``(iii) prohibitions on the procurement by
the United States Government of items or
services produced by slave labor, consistent
with Executive Order 13107 (December 10, 1998);
and''.
SEC. 232. ANNUAL ANTI-TRAFFICKING CONFERENCE.
Section 201(a)(2)(A)(ii) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044(a)(2)(A)(ii)) is amended
by inserting before the semi-colon at the end the following: ``and the
use of existing Federal and State criminal laws that do not require
force, fraud, or coercion as an element of a felony crime to prosecute
such persons''.
SEC. 233. SENIOR POLICY OPERATING GROUP.
Section 206 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the
department or agency determines appropriate,''.
SEC. 234. COORDINATORS TO COMBAT HUMAN TRAFFICKING.
(a) Department of Justice.--
(1) Establishment.--The Attorney General shall establish
within the Office of the Deputy Attorney General a Coordinator
to Combat Human Trafficking.
(2) Duties.--In addition to any other responsibilities that
the Attorney General may assign, the Coordinator shall have the
following responsibilities:
(A) Ensure coordination of policies relating to
victims of trafficking among the various offices and
components of the Department of Justice, including the
Civil Division, the Criminal Division, the Office of
Justice Programs, and the Federal Bureau of
Investigation.
(B) Monitor, review, and make recommendations
regarding assistance to victims of trafficking to
ensure that assistance policies are consistent with the
Department's prosecution strategies and activities.
(C) Ensure improved communication and coordination
with State and local law enforcement agencies regarding
prosecution of offenses relating to victims of
trafficking.
(D) Represent the Department at inter-agency
mechanisms relating to trafficking in persons,
including the Senior Policy Operating Group.
(E) Serve, in conjunction with the Coordinator to
Combat Human Trafficking of the Department of Labor
(established pursuant to subsection (b)), as the
executive secretariat of the Trafficking in Persons and
Worker Exploitation Task Force.
(3) Staff.--The Attorney General shall ensure that the
Coordinator has sufficient staff to carry out the duties
described in paragraph (2).
(4) Authorization of appropriations.--There is authorized to
be appropriated such sums as may be necessary to carry out this
subsection.
(b) Department of Labor.--
(1) Establishment.--The Secretary of Labor shall establish
within the Department of Labor a Coordinator to Combat Human
Trafficking.
(2) Duties.--In addition to any other responsibilities that
the Secretary of Labor may assign, the Coordinator shall have
the following responsibilities:
(A) Ensure coordination of policies relating to
victims of trafficking, both in the United States and
abroad, among the various offices and components of the
Department of Labor, including the Office of the
Solicitor, the Employment Standards Administration, the
Wage and Hour Division, the Bureau of International
Labor Affairs, and the Office of Child Labor, Forced
Labor, and Human Trafficking.
(B) Ensure improved communication and coordination
with State labor agencies relating to trafficking in
persons.
(C) Represent the Department at inter-agency
mechanisms relating to trafficking in persons,
including the Senior Policy Operating Group.
(D) Serve, in conjunction with the Coordinator to
Combat Human Trafficking of the Department of Justice
(established pursuant to subsection (a)), as the
executive secretariat of the Trafficking in Persons and
Worker Exploitation Task.
(3) Staff.--The Secretary of Labor shall ensure that the
Coordinator has sufficient staff to carry out the duties
described in paragraph (2).
(4) Authorization of appropriations.--There is authorized to
be appropriated such sums as may be necessary to carry out this
subsection.
(c) Rule of Construction.--Nothing in this section shall be
construed as affecting or derogating from the responsibilities of the
Senior Policy Operating Group established by section 206 of the
Trafficking Victims Protection Reauthorization Act of 2005.
(d) Definition.--In this section, the term ``victim of
trafficking'' has the meaning given the term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.
Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer''
and inserting ``consular officer, the Secretary of State,''.
SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
(a) Findings and Sense of Congress.--
(1) Findings.--The Congress finds as follows:
(A) The United States Government currently estimates
that up to 17,500 individuals are trafficked into the
United States each year. Of these, some 50 percent are
believed to be under the age of 18. Many of these
children are victims of sex trafficking and are forced
into prostitution and other exploitative activities in
the United States.
(B) Despite the large number of children trafficked
into the United States every year, the Department of
Health and Human Services has identified an average of
20 children per year as trafficking victims through
fiscal year 2006. This disparity between estimated and
identified victims demonstrates that much more needs to
be done in educating individuals who may be coming into
contact with trafficked children.
(2) Sense of congress.--It is the sense of the Congress that,
to the extent consistent with the treaties and other
international agreements to which the United States is a party,
and to the extent practicable, the United States Government
should undertake efforts to protect children from severe forms
of trafficking and ensure that it does not repatriate children
in Federal custody into settings that would threaten their life
or safety.
(b) Combatting Child Trafficking at the Border and Ports of Entry
of the United States.--
(1) Policies and procedures.--In order to enhance the efforts
of the United States to prevent trafficking in persons, the
Secretary of State, in conjunction with the Secretary of
Homeland Security and the Secretary of Health and Human
Services, shall develop policies and procedures to ensure that
unaccompanied alien children in the United States are safely
repatriated to their country of nationality or of last habitual
residence.
(2) Special rules for children from contiguous countries.--
(A) Determinations.--Any unaccompanied alien child
who is a national or habitual resident of a country
that is contiguous with the United States and has an
agreement in writing with the United States described
in subparagraph (C), shall be treated in accordance
with subparagraph (B), if the Secretary of Homeland
Security determines, on a case-by-case basis, that--
(i) such child has not been a victim of a
severe form of trafficking in persons, and such
child does not have a fear of being trafficked
upon return to the child's country of
nationality or of last habitual residence;
(ii) such child does not have a fear of
returning to the child's country of nationality
or of last habitual residence owing to a fear
of persecution;
(iii) the return of such child to the child's
country of nationality or of last habitual
residence would not endanger the life or safety
of such child; and
(iv) the child is able to make an independent
decision to withdraw the child's application
for admission to the United States.
(B) Return.--An immigration officer who finds an
unaccompanied alien child described in subparagraph (A)
at a land border or port of entry of the United States
and determines that such child is inadmissible under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) shall--
(i) permit such child to withdraw the child's
application for admission pursuant to section
235(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child's country
of nationality or country of last habitual
residence.
(C) Contiguous country agreements.--The Secretary of
State shall ensure that any agreements entered into
between the United States and a country contiguous to
the United States with respect to the repatriation of
children shall be designed to protect children from
severe forms of trafficking in persons. Such agreements
shall, at a minimum, provide that--
(i) no child shall be returned to the child's
country of nationality or of last habitual
residence unless returned to appropriate
officials or employees of the accepting
country's government;
(ii) no child shall be returned to the
child's country of nationality or of last
habitual residence outside of reasonable
business hours; and
(iii) border personnel of the countries that
are parties to such agreements are trained in
the terms of such agreements.
(3) Rule for other children.--The custody of unaccompanied
alien children not described in paragraph (2)(A) who are
apprehended at the border of the United States or at a United
States port of entry shall be treated in accordance with
subsection (c).
(4) Screening.--Within 48 hours of the apprehension of a
child who is believed to be described in paragraph (2)(A), but
in any event prior to returning such child to the child's
country of nationality or of last habitual residence, the child
shall be screened to determine whether the child meets the
criteria listed in paragraph (2)(A). If the child does not meet
such criteria, or if no determination can be made within 48
hours of apprehension, the child shall immediately be
transferred to the Secretary of Health and Human Services and
treated in accordance with subsection (c).
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect children
from trafficking and exploitation, the Secretary of
State shall create a pilot program, in conjunction with
non-governmental organizations and other national and
international agencies and experts, to develop and
implement best practices to ensure the safe and secure
repatriation and reintegration of unaccompanied alien
children into their country of nationality or of last
habitual residence, including placement with their
families or other sponsoring agencies.
(B) Assessment of country conditions.--The Secretary
of Homeland Security shall consult the State
Department's Country Reports on Human Rights Practices
and the Trafficking in Persons Report in assessing
whether to repatriate an unaccompanied alien child to a
particular country. Such assessment shall consider
whether there is reasonable risk that repatriation of
an unaccompanied alien child would threaten the life or
safety of the child.
(C) Report on repatriation of unaccompanied alien
children.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security, in conjunction with the
Secretary of State and Secretary of Health and Human
Services, shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to
repatriate unaccompanied alien children. Such report
shall include--
(i) the number of unaccompanied alien
children ordered removed and the number of such
children actually removed from the United
States;
(ii) a statement of the nationalities, ages,
and gender of such children;
(iii) a description of the policies and
procedures used to effect the removal of such
children from the United States and the steps
taken to ensure that such children were safely
and humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation
pilot program created pursuant to subparagraph
(A);
(iv) a description of the type of immigration
relief sought and denied to such children;
(v) any information gathered in assessments
of country and local conditions pursuant to
paragraph (2); and
(vi) statistical information and other data
on unaccompanied alien children as provided for
in section 462(b)(1)(J) of the Homeland
Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
(D) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed by the
Department of Homeland Security, except for an
unaccompanied alien child from a contiguous country
subject to exceptions under subsection (b)(2), shall be
placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(c) Combatting Child Trafficking and Exploitation in the United
States.--
(1) Care and custody of unaccompanied alien children.--
(A) In general.--Except as otherwise provided under
subparagraphs (B) and (C) and subsection (b), the care
and custody of all unaccompanied alien children,
including responsibility for their detention, where
appropriate, shall be the responsibility of the
Secretary of Health and Human Services.
(B) Exception for children who have committed
crimes.--Notwithstanding subparagraph (A), the Attorney
General shall retain or assume the custody and care of
any unaccompanied alien child who is pending
prosecution for a Federal crime or serving a sentence
pursuant to a conviction for a Federal crime.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the
Secretary of Homeland Security shall retain or assume
the custody and care of an unaccompanied alien child if
the Secretary of Homeland Security has substantial
evidence, based on an individualized determination,
that such child could personally endanger the national
security of the United States.
(2) Notification.--Each department or agency of the Federal
Government shall notify the Department of Health and Human
services within 48 hours upon--
(A) the apprehension or discovery of an unaccompanied
alien child; or
(B) any claim or suspicion that an alien in the
custody of such department or agency is under 18 years
of age.
(3) Transfers of unaccompanied alien children.--Any
department or agency of the Federal Government that has an
unaccompanied alien child in its custody shall transfer the
custody of such child to the Secretary of Health and Human
Services within 72 hours--
(A) upon a determination that such child is an
unaccompanied alien child, if the child is not
described in subparagraph (B) or (C) of paragraph (1);
or
(B) if the custody and care of the child has been
retained or assumed by the Attorney General under
paragraph (1)(B) or by the Secretary of Homeland
Security under paragraph (1)(C), upon a determination
that the child no longer meets the description set
forth in such subparagraphs.
(4) Age determinations.--
(A) In general.--The Secretary of Health and Human
Services shall make an age determination for an alien
described in paragraph (2)(B) and take whatever other
steps are necessary to determine whether such alien is
eligible for treatment under this section or section
462 of the Homeland Security Act of 2002 (6 U.S.C.
279).
(B) Procedures.--The Secretary of Health and Human
Services, in consultation with the Secretary of
Homeland Security, shall develop procedures to make a
prompt determination of the age of an alien, which
shall be used by the Secretary of Homeland Security and
the Secretary of Health and Human Services for children
in their respective custody. At a minimum, these
procedures shall permit the presentation of multiple
forms of evidence, including the non-exclusive use of
radiographs, to determine the age of the unaccompanied
alien.
(d) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health and Human
Services, Secretary of Homeland Security, Attorney General, and
Secretary of State shall establish policies and programs to
ensure that unaccompanied alien children in the United States
are protected from traffickers and other persons seeking to
victimize or otherwise engage such children in criminal,
harmful, or exploitative activity, including policies and
programs reflecting best practices in witness security
programs.
(2) Safe and secure placements.--Subject to section 462(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)), an
unaccompanied alien child in the custody of the Secretary of
Health and Human Services shall be promptly placed in the least
restrictive setting that is in the best interest of the child.
Placement of child trafficking victims may include placement
with competent adult victims of the same trafficking scheme in
order to ensure continuity of care and support. A child shall
not be placed in a secure facility absent an independent
finding that the child poses a danger to self or others.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements of
subparagraph (B), an unaccompanied alien child may not
be placed with a person or entity unless the Secretary
of Health and Human Services makes a determination that
the proposed custodian is capable of providing for the
child's physical and mental well-being. Such
determination shall, at a minimum, include verification
of the custodian's identity and relationship to the
child, if any, as well as an independent finding that
the individual has not engaged in any activity that
would indicate a potential risk to the child.
(B) Home studies.--Before placing the child with an
individual, the Secretary of Health and Human Services
shall determine whether a home study is first
necessary. A home study shall be conducted for a child
who is a victim of a severe form of trafficking in
persons, a special needs child with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2))), or a child who has
been a victim of physical or sexual abuse under
circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened.
The Secretary of Health and Human Services shall
conduct follow-up services, during the pendency of
removal proceedings, on children and custodians for
whom a home study was conducted.
(C) Database access.--In conducting suitability
assessments, the Secretary of Health and Human Services
shall have access to all relevant information in the
appropriate Federal, State, and local law enforcement
and immigration databases.
(4) Legal orientation presentations.--The Secretary of Health
and Human Services shall ensure that custodians receive legal
orientation presentations provided through the Legal
Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such presentations shall
address the custodian's responsibility to ensure the child's
appearance at all immigration proceedings and to protect the
child from mistreatment, exploitation, and trafficking.
(5) Access to counsel.--The Secretary of Health and Human
Services shall ensure, to the greatest extent practicable, that
all unaccompanied alien children who are or have been in the
custody of the Secretary or the Secretary of Homeland Security,
and who are not described in subsection (b)(2)(A), have
competent counsel to represent them in legal proceedings or
matters and protect them from mistreatment, exploitation, and
trafficking. To the greatest extent practicable, the Secretary
of Health and Human Services shall make every effort to utilize
the services of competent pro bono counsel who agree to provide
representation to such children without charge.
(6) Guardians ad litem.--The Secretary of Health and Human
Services shall implement a program to appoint independent
guardians ad litem for child trafficking victims and other
vulnerable unaccompanied alien children. A guardian ad litem
shall be provided access to materials necessary to effectively
advocate for the best interest of the child. The guardian ad
litem shall not be compelled to testify or provide evidence in
any proceeding concerning any information or opinion received
from the child in the course of serving as a guardian ad litem.
The guardian ad litem shall be presumed to be acting in good
faith and be immune from civil and criminal liability for
lawful conduct of duties as described in this provision.
(7) Confidentiality.--The Secretary of Health and Human
Services shall maintain the privacy and confidentiality of all
information gathered in the course of the care, custody, and
placement of unaccompanied alien children, consistent with its
role and responsibilities under the Homeland Security Act of
2002 to act as guardian in loco parentis in the best interest
of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third
parties. The Secretary may provide information to a duly
recognized law enforcement entity in connection with a
prosecution or investigation of an offense described in
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity.
(e) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(A) in clause (i), by striking ``State and who has
been deemed eligible by that court for long-term foster
care due to abuse, neglect, or abandonment;'' and
inserting ``State, or an individual or entity appointed
by a State or juvenile court located in the United
States, and whose reunification with one or both of the
immigrant's parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under
State law;'';
(B) in clause (iii), in the matter preceding
subclause (I), by striking ``the Attorney General
expressly consents to the dependency order serving as a
precondition to the grant of special immigrant juvenile
status;'' and inserting ``the Secretary of Homeland
Security consents to the grant of special immigrant
juvenile status,''; and
(C) in clause (iii)(I), by striking ``in the actual
or constructive custody of the Attorney General unless
the Attorney General specifically consents to such
jurisdiction;'' and inserting ``in the custody of the
Secretary of Health and Human Services unless the
Secretary of Health and Human Services specifically
consents to such jurisdiction;''.
(2) Expeditious adjudication.--All applications for special
immigrant status under section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be
adjudicated by the Secretary of Homeland Security not later
than 180 days after the date of filing the application.
(3) Adjustment of status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D),
(7)(A), 9(B), and 9(C)(i)(I) of section 212(a) shall
not apply; and''.
(4) Eligibility for assistance.--
(A) In general.--A child who has been granted special
immigrant status under section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) and who was either in the custody of
the Secretary of Health and Human Services at the time
a dependency order was granted for such child or who
was receiving services pursuant to section 501(a) of
the Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note) at the time such dependency order was
granted, shall be eligible for placement and services
under section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) until the earlier of--
(i) the date on which the child reaches the
age designated in section 412(d)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1522(d)(2)(B)); or
(ii) the date on which the child is placed in
a permanent adoptive home.
(B) State reimbursement.--If State foster care funds
are expended on behalf of a child who is not described
in subparagraph (A) and has been granted special
immigrant status under section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)), the Federal Government shall reimburse
the State in which the child resides for such
expenditures by the State.
(5) State courts acting in loco parentis.--A department or
agency of a State, or an individual or entity appointed by a
State court or juvenile court located in the United States,
acting in loco parentis, shall not be considered a legal
guardian for purposes of this section or section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(6) Transition rule.--Notwithstanding any other provision of
law, an alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as
amended by paragraph (1), may not be denied special immigrant
status under such section after the date of the enactment of
this Act based on age if the alien was a child on the date on
which the alien applied for such status.
(7) Access to asylum protections.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B) shall
not apply to an unaccompanied alien child (as defined
in section 462(g) of the Homeland Security Act of 2002
(6 U.S.C. 279(g))).''; and
(B) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C.
279(g))), regardless of whether filed in accordance
with this section or section 235(b).''.
(8) Specialized needs of children.--Applications for asylum
and other forms of relief from removal in which a child is the
principal applicant shall be governed by regulations which take
into account the specialized needs of children and which
address both procedural and substantive aspects of handling
children's cases.
(f) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services and the Attorney
General shall provide specialized training to all Federal personnel who
come into contact with unaccompanied alien children. Such personnel
shall be trained to work with unaccompanied alien children, including
identifying children who are a victim of a severe form of trafficking
in persons, and children for whom asylum or special immigrant relief
may be appropriate, including children described in subsection (b)(2).
(g) Amendments to the Homeland Security Act of 2002.--
(1) Additional responsibilities.--Section 462(b)(1)(L) of the
Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is
amended by striking the period at the end and inserting ``,
including regular follow-up visits to such facilities,
placements, and other entities, to assess the continued
suitability of such placements.''.
(2) Technical corrections.--Section 462(b) of the Homeland
Security Act of 2002 (6 U.S.C. 279(b)) is amended--
(A) in paragraph (3), by striking ``paragraph
(1)(G),'' and inserting ``paragraph (1),''; and
(B) by adding at the end the following:
``(4) Rule of construction.--Nothing in paragraph (2)(B) may
be construed to require that a bond be posted for an
unaccompanied alien child who is released to a qualified
sponsor.''.
(h) Definition of Unaccompanied Alien Child.--
(1) In general.--For purposes of this section, the term
``unaccompanied alien child'' has the meaning given such term
in section 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
(2) Clarification of definition.--For the purposes of section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2)) and this section, a parent or legal guardian shall
not be considered to be available to provide care and physical
custody of an alien child unless such parent is in the physical
presence of, and able to exercise parental responsibilities
over, such child at the time of such child's apprehension and
during the child's detention.
(i) Effective Date.--This section shall take effect on the date
that is 90 days after the date of the enactment of this Act.
(j) Applicability.--This section shall apply to all aliens in the
United States before, on, or after the date of the enactment of this
Act.
(k) Grants and Contracts.--The Secretary of Health and Human
Services may award grants to, and enter into contracts with, voluntary
agencies to carry out this section and section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``104,''; and
(ii) by striking ``$1,500,000'' and all that
follows through ``2007'' and inserting
``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(B) in the second sentence--
(i) by inserting ``$1,500,000 for additional
personnel for each of the fiscal years 2008
through 2011'' after ``Office to Monitor and
Combat Trafficking''; and
(ii) by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in the first sentence of subsection (b), by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 for each of the fiscal years 2008
through 2011'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2004, 2005, 2006, and
2007'' each place it appears and inserting
``2008 through 2011'';
(ii) in subparagraph (B)--
(I) by striking ``$15,000,000'' and
inserting ``$10,000,000''; and
(II) by adding at the end the
following new sentence: ``To carry out
the purposes of section 107(a)(1)(F),
there are authorized to be appropriated
to the Secretary of State $500,000 for
fiscal year 2008, $750,000 for fiscal
year 2009, and $1,000,000 for each of
the fiscal years 2010 and 2011.''; and
(iii) in subparagraph (C), by inserting ``(as
added by section 109)'' after ``section 134 of
the Foreign Assistance Act of 1961'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2) (as redesignated by subparagraph
(C))--
(i) by striking ``section 104'' and inserting
``sections 116(f) and 502B(h) of the Foreign
Assistance Act of 1961 (as added by section
104)''; and
(ii) by striking ``, including the
preparation'' and all that follows through
``section'';
(4) in subsection (d)--
(A) in the first sentence, by striking
``$10,000,000'' and all that follows through ``2007''
and inserting ``$15,000,000 for each of the fiscal
years 2008 through 2011''; and
(B) in the second sentence, by striking ``$250,000''
and all that follows through ``2007'' and inserting
``$500,000 for each of the fiscal years 2008 through
2011'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``$5,000,000'' and
all that follows through ``2007'' and inserting
``$15,000,000 for each of the fiscal years 2008 through
2011'';
(B) in paragraph (2)--
(i) by striking ``section 109'' and inserting
``section 134 of the Foreign Assistance Act of
1961 (as added by section 109)''; and
(ii) by striking ``$5,000,000'' and all that
follows through ``2007'' and inserting
``$15,000,000 for each of the fiscal years 2008
through 2011''; and
(C) in paragraph (3), by striking ``$300,000'' and
all that follows through ``2007'' and inserting
``$500,000 for each of the fiscal years 2008 through
2011'';
(6) in subsection (f), by striking ``$5,000,000'' and all
that follows through ``2007'' and inserting ``$15,000,000 for
each of the fiscal years 2008 through 2011'';
(7) in subsection (h), by striking ``fiscal year 2006'' and
inserting ``each of the fiscal years 2008 through 2011''; and
(8) in subsection (i), by striking ``$18,000,000'' and all
that follows through ``2007'' and inserting ``$18,000,000 for
each of the fiscal years 2008 through 2011''.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.
The Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) is amended--
(1) in paragraph (7) of section 102(b), by striking ``2006
and 2007'' and inserting ``2008 through 2011'';
(2) in subsection (b) of section 105, by adding at the end
the following new paragraph:
``(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Secretary of Labor $1,000,000 for each of the fiscal years 2008
through 2011.'';
(3) in subsection (c) of section 201--
(A) in paragraph (1), by striking ``$2,500,000 for
each of the fiscal years 2006 and 2007'' each place it
appears and inserting ``$3,000,000 for each of the
fiscal years 2008 through 2011''; and
(B) in paragraph (2), by striking ``$1,000,000'' and
all that follows through ``2007'' and inserting
``$1,000,000 for each of the fiscal years 2008 through
2011'';
(4) in subsection (d) of section 202, by striking
``$10,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 for each of the fiscal years 2008
through 2011'';
(5) in subsection (g) of section 203, by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(6) in subsection (d) of section 204, by striking
``$25,000,000'' and all that follows through ``2007'' and
inserting ``$25,000,000 for each of the fiscal years 2008
through 2011''.
SEC. 303. RULE OF CONSTRUCTION.
The amendments made by sections 301 and 302 shall not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Trafficking Victims Protection Act of 2000.--Sections 103(1)
and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(1) and 7103(d)(7)) are amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
(b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section
104 of the Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) are amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Child Soldier Prevention Act of
2007''.
SEC. 402. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) Child soldier.--Consistent with the provisions of the
Optional Protocol, the term ``child soldier''--
(A) means--
(i) any person under age 18 who takes a
direct part in hostilities as a member of
governmental armed forces;
(ii) any person under age 18 who has been
compulsorily recruited into governmental armed
forces;
(iii) any person under age 16 voluntarily
recruited into governmental armed forces; and
(iv) any person under age 18 recruited or
used in hostilities by armed forces distinct
from the armed forces of a state; and
(B) includes any person described in clauses (ii),
(iii), and (iv) of subparagraph (A) who is serving in
any capacity, including in a support role such as a
cook, porter, messenger, medic, guard, or sex slave.
(3) Optional protocol.--The term ``Optional Protocol'' means
the Optional Protocol to the Convention on the Rights of the
Child on the Involvement of Children in Armed Conflict, which
establishes 18 as the minimum age for conscription or forced
recruitment and requires states party to ensure that members of
their armed forces under the age of 18 do not take a direct
part in hostilities
(4) United states munitions list.--The term ``United States
Munitions List'' means the list referred to in section 38(a)(1)
of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 403. FINDINGS.
Congress makes the following findings:
(1) According to the September 7, 2005, report to the General
Assembly of the United Nations by the Special Representative of
the Secretary-General for Children and Armed Conflict, ``In the
last decade, two million children have been killed in
situations of armed conflict, while six million children have
been permanently disabled or injured. Over 250,000 children
continue to be exploited as child soldiers and tens of
thousands of girls are being subjected to rape and other forms
of sexual violence.''.
(2) According to the Center for Emerging Threats and
Opportunities (CETO), Marine Corps Warfighting Laboratory,
``The Child Soldier Phenomenon has become a post-Cold War
epidemic that has proliferated to every continent with the
exception of Antarctica and Australia.''.
(3) Many of the children currently serving in armed forces or
paramilitaries were forcibly conscripted through kidnapping or
coercion, a form of human trafficking, while others joined
military units due to economic necessity, to avenge the loss of
a family member, or for their own personal safety.
(4) Some military and militia commanders force child soldiers
to commit gruesome acts of ritual killings or torture,
including acts of violence against other children.
(5) Many female child soldiers face the additional
psychological and physical horrors of rape and sexual abuse,
enslavement for sexual purposes by militia commanders, and
severe social stigma should they return home.
(6) Some military and militia commanders target children for
recruitment because of their psychological immaturity and
vulnerability to manipulation and indoctrination. Children are
often separated from their families in order to foster
dependence on military units and leaders. Consequently, many of
these children suffer from deep trauma and are in need of
psychological counseling and rehabilitation.
(7) Child soldiers are exposed to hazardous conditions and
are at risk of physical injury and disability, psychological
trauma, sexually transmitted diseases, respiratory and skin
infections, and often death.
(8) On May 25, 2000, the United Nations adopted and opened
for signature, ratification, and accession the Optional
Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict.
(9) On June 18, 2002, the Senate unanimously approved the
resolution advising and consenting to the ratification of the
Optional Protocol.
(10) On December 23, 2002, the United States presented the
ratified Optional Protocol to the United Nations.
(11) More than 110 governments worldwide have ratified the
Optional Protocol, establishing a clear international norm
concerning the use of children in combat.
(12) On December 2, 1999, the United States ratified
International Labour Convention 182, the Convention concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour, which includes the use of child
soldiers among the worst forms of child labor.
(13) On October 7, 2005, the Senate gave its advice and
consent to the ratification of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime.
(14) It is in the national security interest of the United
States to reduce the chances that members of the United States
Armed Forces will be forced to encounter children in combat
situations.
(15) Section 502B(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2304(a)(3)) provides that ``the President is
directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise''.
SEC. 404. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should condemn the
conscription, forced recruitment or use of children by
governments, paramilitaries, or other organizations in
hostilities;
(2) the United States Government should support and, where
practicable, lead efforts to establish and uphold international
standards designed to end this abuse of human rights;
(3) the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate them back into their communities by--
(A) offering ongoing psychological services to help
victims recover from their trauma and relearn how to
deal with others in nonviolent ways such that they are
no longer a danger to their community, taking into
consideration the needs of girl soldiers, who may be at
risk of exclusion from disarmament, demobilization, and
reintegration programs;
(B) facilitating reconciliation with their
communities through negotiations with traditional
leaders and elders to enable recovered abductees to
resume normal lives in their communities; and
(C) providing educational and vocational assistance;
(4) the United States should work with the international
community, including, where appropriate, third country
governments, nongovernmental organizations, faith-based
organizations, United Nations agencies, local governments,
labor unions, and private enterprise--
(A) on efforts to bring to justice rebel
organizations that kidnap children for use as child
soldiers, including the Lord's Resistance Army (LRA) in
Uganda, Fuerzas Armadas Revolucionarias de Colombia
(FARC), and Liberation Tigers of Tamil Eelam (LTTE) in
Sri Lanka, including, where feasible, by arresting the
leaders of such groups; and
(B) on efforts to recover those children who have
been abducted and to assist them in their
rehabilitation and reintegration into communities;
(5) the Secretary of State, the Secretary of Labor, and the
Secretary of Defense should coordinate programs to achieve the
goals specified in paragraph (3), and in countries where the
use of child soldiers is an issue, whether or not it is
supported or sanctioned by the governments of such countries,
United States diplomatic missions should include in their
mission program plans a strategy to achieve the goals specified
in such paragraph;
(6) United States diplomatic missions in countries in which
governments use or tolerate child soldiers should develop, as
part of annual program planning, strategies to promote efforts
to end this abuse of human rights, identifying and integrating
global best practices, as available, into such strategies to
avoid duplication of effort; and
(7) in allocating or recommending the allocation of funds or
recommending candidates for programs and grants funded by the
United States Government, United States diplomatic missions
should give serious consideration to those programs and
candidates deemed to promote the end to this abuse of human
rights.
SEC. 405. PROHIBITION ON PROVISION OF MILITARY ASSISTANCE TO FOREIGN
GOVERNMENTS THAT RECRUIT OR USE CHILD SOLDIERS.
(a) In General.--Subject to subsections (b), (c), and (d), none of
the funds made available to carry out sections 516 or 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23
of the Arms Export Control Act (22 U.S.C. 2763) may be used to provide
assistance to, and no item on the United States Munition List may be
exported to, the government of a country that the Secretary of State
determines has governmental armed forces or government supported armed
groups, including paramilitaries, militias, or civil defense forces,
that recruit or use child soldiers.
(b) Publication of List of Foreign Governments and Notification to
Foreign Governments.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments subject to the prohibition in subsection (a) in the
report required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)).
(2) Notification to foreign governments.--The Secretary of
State shall formally notify each foreign government subject to
the prohibition in subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
foreign government of the prohibition in subsection (a) if the
President determines that such waiver is in the interest of the
United States.
(2) Publication and notification.--The President shall
publish each waiver granted under paragraph (1) in the Federal
Register and shall notify the appropriate congressional
committees of each such waiver, including the justification for
the waiver, in accordance with the regular notification
procedures of such committees.
(d) Reinstatement of Assistance.--The President may provide to a
foreign government assistance otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional committees that the
foreign government--
(1) has implemented effective measures to come into
compliance with the standards of this title; and
(2) has implemented effective policies and mechanisms to
prohibit and prevent future use of child soldiers and to ensure
that no children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exceptions.--
(1) Assistance to address the problem of child soldiers and
professionalization of the military.--
(A) In general.--The President may provide to a
foreign government assistance under section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347;
relating to international military education and
training) otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional
committees that--
(i) the government is implementing effective
measures to demobilize child soldiers in its
forces or in government supported
paramilitaries and to provide demobilization,
rehabilitation, and reintegration assistance to
those former child soldiers; and
(ii) the assistance provided by the United
States Government to the government will go to
programs that will directly support
professionalization of the military.
(B) Limitation.--The exception under subparagraph (A)
may not remain in effect for more than 2 years
following the date of notification specified in
subsection (b)(2).
(2) Assistance to further cooperation with the united states
to combat international terrorism.--The President may provide
to a foreign government assistance under any provision of law
specified in subsection (a) if the purpose of the assistance is
specifically designed to further cooperation between the United
States and the foreign government to combat international
terrorism.
(f) Effective Date; Applicability.--This section takes effect 180
days after the date of the enactment of this Act and shall apply to
funds made available for the first fiscal year beginning after such
effective date and each subsequent fiscal year.
SEC. 406. REPORTS.
(a) Preparation of Reports Regarding Child Soldiers.--The Secretary
of State shall ensure that United States missions abroad thoroughly
investigate reports of the use of child soldiers in the countries in
which such missions are located.
(b) Information for Annual Human Rights Reports.--In preparing
those portions of the Department of State's annual Country Reports on
Human Rights Practices that relate to child soldiers, the Secretary of
State shall ensure that such portions include a description of the use
of child soldiers in each foreign country, including--
(1) trends toward improvement in such country of the status
of child soldiers or the continued or increased tolerance of
such practices; and
(2) the role of the government of such country in engaging in
or tolerating the use of child soldiers.
(c) Notification to Congress.--Not later than June 15 of each year
for 10 years following the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees--
(1) a list of any waivers or exceptions exercised under
section 405;
(2) a justification for those waivers and exceptions; and
(3) a description of any assistance provided pursuant to
section 405.
(d) Report on Implementation of Title.--Not later than 180 days
after the date of the enactment of this Act, the President shall submit
to appropriate congressional committees a report setting forth a
strategy for achieving the policy objectives of this title, including a
description of an effective mechanism for coordination of United States
Government efforts to implement this strategy.
(e) Report on Child Soldiers in Burma.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report of the
recruitment and use of child soldiers by the governmental armed forces
or government-supported armed groups of the Government of Burma,
including paramilitaries, militias, or civil defense forces.
SEC. 407. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
after January 1, 2008, for members of the Service, including chiefs of
mission, instruction on matters related to child soldiers and the terms
of the Child Soldier Prevention Act of 2007.''.
Amend the title so as to read:
A bill to authorize appropriations for fiscal years 2008
through 2011 for the Trafficking Victims Protection Act of
2000, to enhance measures to combat trafficking in persons, and
for other purposes.
Summary
H.R. 3887, the ``William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2007,'' reauthorizes existing
U.S. programs to combat human trafficking and establishes new
requirements and programs regarding trafficking into both
sexual exploitation and forced labor. Among a wide range of
initiatives, H.R. 3887 establishes new programs to prevent
trafficking from occurring in foreign countries where
trafficking begins, widens U.S. assistance programs to U.S.
citizens, and provides additional protections for trafficking
survivors who are threatened by trafficking perpetrators, and
for children who are at risk of being repatriated into the
hands of traffickers or abusers. H.R. 3887 also creates new or
enhances existing criminal penalties against trafficking
perpetrators, including strengthening crimes relating to sex
tourism and unscrupulous labor recruiters. Unlike previous
reauthorizations, this reauthorization is for four years, from
fiscal years 2008 to 2011, recognizing that U.S. anti-
trafficking programs have become more established.
Background and Purpose for the Legislation
Trafficking in Persons represents an emerging and dangerous
abuse of the increasingly interconnected nature of the
international economic system. In this sense, it has often been
referred to as the ``dark side of globalization.'' The
International Labor Organization has estimated that as many as
12.3 million individuals are trafficked annually, with 40
percent being trafficked into sexual exploitation and a third
into forced labor. Each year, up to two million of those
victims cross international borders. These individuals are
caught up in schemes of organized crime. Transnational
criminals have increasingly become involved in trafficking,
which may be the third most lucrative crime after the trade in
illegal narcotics and the illegal sale of weapons. Trafficking
has been estimated to yield $12 to $17 billion each year,
giving traffickers increasing resources to avoid punishment.
These vast numbers obscure the human tragedy inherent in
human trafficking. Women and girls are sold into sexual
slavery, with personal testimonials suggesting that they are
forced to commit commercial sex acts day after day for little
or no pay, and are subject to coercion and violence.
Individuals are forced to work in agriculture, domestic
servitude, sweatshops and restaurants and hotels, often for no
pay or in debt bondage that eliminates any hope of freedom.
Passports are seized, threats of injury or retaliation against
victims are made, and violence is perpetrated. Trafficking in
persons is not just a transnational problem but also a human
calamity.
The Committee has taken an intense interest in combating
this developing horror and has repeatedly acted to combat it.
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). The TVPA was again reauthorized in 2006 with
the enactment of the Trafficking Victims Protection Act of 2005
(P.L. 109-164). A variety of other statutes have updated the
TVPA, including the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) and
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248). The TVPA and its progeny also give modern meaning
to the Constitution's prohibition against involuntary servitude
and comport with the customary and treaty law prohibition on
slavery and involuntary servitude. Most recently, this and
related issues were addressed by the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime, to which the United
States is a party.
On October 18, 2007, the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2007 was introduced.
Recognizing the immense contributions of British
Parliamentarian William Wilberforce to the abolition of the
global slave trade in the 19th Century, H.R. 3887 was
introduced by Chairman Lantos and had as its original
cosponsors Mr. Smith of New Jersey, Mr. Conyers, Mr. Wolf, Mr.
George Miller of California, Ms. Ros-Lehtinen, Ms. Lofgren, Mr.
Pitts, Ms. Maloney of New York, Ms. Drake, Mr. Nadler, and Mr.
Hastings of Florida. As with past legislative efforts, the
legislation creates new anti-trafficking initiatives and
directly confronts the issue of trafficking for sexual
exploitation. H.R. 3887 also contains significant enhancements
to combat labor slavery. Just as we are asking foreign
countries to increase their labor protections of foreign
workers and establish agreements relating to export of
laborers, this bill also contains domestic measures to prevent
unscrupulous labor recruiters from exploiting foreign workers
here in the United States and give continuing effect to the
content and aspirations of the 13th Amendment to the
Constitution.
Some of the key international initiatives in the
legislation include:
LRequiring a comprehensive analysis of
trafficking data to help us better understand where
victims are actually going and how to free them.
LProviding more help for countries to inspect
locations where slavery or slave-like conditions occur,
to register vulnerable populations and to provide more
protection to foreign workers.
LEnsuring that U.S. assistance programs are
transparent and effective.
LUrging the Administration to work with our
friends to reach agreements between labor exporters and
labor importers so that vulnerable workers have more,
rather than less protection.
LAddressing the issue of child soldiers.
Key provisions relating to combating trafficking in the
United States include:
LProtecting victims from retaliation by the
criminals who trafficked them.
LExpanding and revising U.S. criminal
violations, including creating crimes against sex tour
operators and facilitating extraterritorial
prosecutions against international trafficking
criminals.
LEnsuring assistance to U.S. victims of
trafficking in persons.
LPreventing the trafficking of unaccompanied
alien children found in the United States by ensuring
that they are not repatriated into the hands of
traffickers or abusive families, and are well cared
for.
Hearings
The Committee on Foreign Affairs held a Full Committee
Hearing on ``International Trafficking in Persons: Taking
Action to Eliminate Modern Day Slavery'' on October 18, 2007.
Committee Consideration
The Committee marked up H.R. 3887 on October 23, 2007, and
reported it favorably to the House, as amended, by voice vote,
a quorum being present.
Votes of the Committee
There were no recorded votes on H.R. 3887.
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
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 1, 2007.
Hon. Tom Lantos,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3887, the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 3887--William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007
SUMMARY
H.R. 3887 would reauthorize several programs within the
Departments of State, Labor, Justice, and Health and Human
Services, and other agencies that combat trafficking in
persons. The bill would specifically authorize the
appropriation of $207 million in 2008 and $872 million over the
2008-2011 period. In addition, CBO estimates that the bill
would increase the responsibilities of the Department of Labor
(DOL) with respect to foreign labor contractors and spending by
the Department of Health and Human Services (HHS) on medical
and foster care for certain unaccompanied alien children. In
total, CBO estimates that implementing the bill would increase
discretionary costs by about $825 million over the 2008-2012
period, assuming appropriation of the specified and estimated
amounts.
In addition, CBO estimates H.R. 3887 would increase direct
spending by $1 million in 2008, $20 million over the 2008-2012
period, and $61 million over the 2008-2017 period, primarily by
expanding eligibility for certain public assistance programs.
Finally, the bill would increase collections of certain fines
(recorded as revenues), but CBO estimates those effects would
not be significant.
Section 4 of Unfunded Mandates Reform Act (UMRA) excludes
from the application of that act any legislative provisions
that enforce the constitutional rights of individuals. CBO has
determined that section 236(d)(5) addresses the due process
rights of aliens in certain legal proceedings and thus would
fall within that exclusion. Therefore, CBO has not reviewed
that section of the bill for intergovernmental and private-
sector mandates.
Other provisions of H.R. 3887 contain intergovernmental
mandates as defined in UMRA, but CBO estimates that the annual
cost of those mandates would not exceed the threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation).
H.R. 3887 also would impose private-sector mandates, as
defined in UMRA, on foreign labor contractors and employers who
use such contractors. (Foreign labor contractors include
persons who recruit, solicit, or hire foreign workers living
outside the United States for employment in the United States.)
The bill would require foreign labor contractors to obtain a
certificate of registration from DOL before engaging in
contracting activities and to disclose certain information in
writing about employment opportunities. In addition, the bill
would require employers who use foreign labor contractors to
use only those that have registered with DOL. Based on
information from DOL, CBO estimates the aggregate direct cost
to comply with those mandates would not exceed the annual
threshold for private-sector mandates established in UMRA ($131
million in 2007, adjusted annually for inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 3887 is shown in
Table 1. The costs of this legislation fall within budget
functions 150 (international affairs), 500 (education,
training, employment, and social services), 550 (health), 600
(income security), and 750 (administration of justice).
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 3887\1\
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 220 230 241 252 21
Estimated Outlays.................................................. 88 159 197 224 155
CHANGES IN DIRECT SPENDING\2\
Estimated Budget Authority......................................... 1 4 4 5 6
Estimated Outlays.................................................. 1 4 4 5 6
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals in text because of rounding.
\1\In addition to effects on spending subject to appropriation and direct spending, CBO estimates enacting H.R.
3887 would have an insignificant effect on revenues.
\2\In addition to the direct spending effects shown here, enacting H.R. 3887 would have additional effects on
direct spending after 2012 (see Table 3). The bill would increase direct spending by $20 million over the 2008-
2012 period and by $61 million over the 2008-2017 period, CBO estimates.
BASIS OF ESTIMATE
For this estimate, CBO assumes that H.R. 3887 will be
enacted before the end of calendar year 2007, 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.
Spending Subject to Appropriation
H.R. 3887 would specifically authorize the appropriation of
$207 million in 2008 and $872 million over the 2008-2011
period. CBO estimates that new responsibilities and reports
contained in the bill would require additional appropriations
of $13 million in 2008 and $91 million over the 2008-2012
period. In total, CBO estimates that implementing this
legislation would cost about $825 million over the 2008-2012
period, assuming appropriation of the specified and estimated
amounts (see Table 2).
Department of Justice. As detailed below, H.R. 3887 would
authorize the appropriation of $83 million in 2008 and $355
million over the 2008-2012 period for Department of Justice
(DOJ) programs to combat trafficking in persons. CBO estimates
that implementing those provisions would cost $309 million over
the 2008-2012 period, assuming appropriation of the specified
amounts.
LSection 214 would authorize the appropriation
of $33 million over the 2008-2011 period for DOJ to
make grants to state, local, and tribal governments and
nonprofit organizations for programs to assist victims
of human trafficking.
LSection 301 would authorize the appropriation
of $16 million for each of fiscal years 2008-2011 for
DOJ to make grants to state, local, and tribal
governments and nonprofit organizations for other
programs to serve victims of trafficking.
LSection 301 would authorize the appropriation
of $15 million for each of fiscal years 2008-2011 for
the Federal Bureau of Investigation to investigate
severe forms of trafficking in persons.
TABLE 2.--COMPONENTS OF SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3887
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Department of Justice:
Authorization Level............................................ 83 86 91 96 0
Estimated Outlays.............................................. 42 63 73 83 48
Overseas Assistance:
Estimated Authorization Level.................................. 64 64 64 64 *
Estimated Outlays.............................................. 8 33 48 56 50
Department of Health and Human Services:
Estimated Authorization Level.................................. 41 48 55 61 12
Estimated Outlays.............................................. 16 37 48 56 43
Department of Labor:
Estimated Authorization Level.................................. 24 24 24 24 8
Estimated Outlays.............................................. 16 19 21 22 12
Department of State:
Estimated Authorization Level.................................. 7 7 7 7 0
Estimated Outlays............................................ 5 6 6 6 1
Other Provisions:
Estimated Authorization Level.................................. 1 1 1 1 1
Estimated Outlays.............................................. 1 1 1 1 1
Total Changes:
Estimated Authorization Level.................................. 220 230 241 252 21
Estimated Outlays.............................................. 88 159 197 224 155
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
\1\Five-year costs in text and totals in the table differ slightly from a summation of the annual costs shown
here because of rounding.
LSection 301 would authorize the appropriation
of $18 million for each of fiscal years 2008-2011 for
Immigration and Customs Enforcement to investigate
severe forms of trafficking in persons.
LSection 302 would authorize the appropriation
of $25 million for each of fiscal years 2008-2011 for
DOJ to make grants to state, local, and tribal
governments for programs to combat trafficking in
persons.
LSection 302 also would authorize the
appropriation of $7 million for each of fiscal years
2008-2011 for DOJ programs to reduce trafficking in
persons in the United States.
Overseas Assistance. Section 301 would authorize the
appropriation of $31 million a year over the 2008-2011 period
to the Secretary of State and $31 million a year to the
President in those same years for programs to prevent
trafficking in persons, to protect victims of trafficking, for
research on domestic and international trafficking in persons,
to prevent refugees and internally displaced persons from being
exploited by traffickers, and to assist foreign states in
eliminating trafficking in persons. In addition, the U.S.
Agency for International Development (USAID) would be required
to make annual reports to the Congress on human rights
practices; CBO estimates this requirement would cost less than
$500,000 each year, assuming availability of appropriated
funds. Section 302 would authorize the appropriation of $3
million a year for 2008 through 2011 to USAID to continue a
pilot program that establishes residential treatment facilities
in foreign countries to treat victims of trafficking. CBO
estimates that implementing those provisions would cost $8
million in 2008 and $195 million over the 2008-2012 period,
assuming appropriation of the necessary amounts.
Department of Health and Human Services. As detailed below,
H.R. 3887 would specifically authorize the appropriation of $38
million in 2008 and $173 million over the 2008-2012 period for
HHS programs. Furthermore, CBO estimates that one provision
would require additional appropriations of $44 million over the
2008-2012 period. CBO estimates that implementing those
provisions would cost $16 million in 2008 and $200 million over
the 2008-2012 period, assuming appropriation of the necessary
amounts.
LSection 214 would authorize the appropriation
of $33 million over the 2008-2011 period for HHS to
make grants to state, local, and tribal governments and
nonprofit organizations for programs to assist victims
of human trafficking.
LSection 301 would authorize the appropriation
of $15 million for each of fiscal years 2008-2011 for
HHS to provide assistance to trafficking victims in the
United States, including those who would gain
eligibility as a result of changes made in Title II.
LSection 302 also would authorize the
appropriation of $15 million annually over the 2008-
2011 period for HHS to make grants to victims' services
organizations.
LSection 302 would authorize the appropriation
of $5 million annually over the 2008-2011 period for
HHS to establish residential treatment facilities for
juveniles subjected to trafficking.
Section 236 would change current law regarding the
repatriation of unaccompanied alien children in the United
States and would authorize HHS to provide individuals who have
special status as juvenile immigrants with both foster care and
medical care. Based on information from HHS and the Department
of Homeland Security (DHS), CBO estimates that, in 2008, the
requirement to provide foster care payments would affect about
400 children and the requirement to provide medical care would
affect about 500 children, with the estimated number of
children doubling by 2017. Using information from HHS and the
Centers for Medicare and Medicaid Services, CBO estimates the
average monthly foster care payment would be $1,300 and the
average annual medical costs would be about $2,600 in 2008.
Adjusting for inflation and a slight lag in implementing the
provision in 2008, CBO estimates that implementing those
provisions would cost $3 million in 2008 and $43 million over
the 2008-2012 period, assuming appropriation of the necessary
amounts.
Department of Labor. CBO estimates that, in total, H.R.
3887 would increase spending for DOL by $16 million in 2008 and
$90 million over the 2008-2012 period, assuming appropriation
of the necessary amounts.
The bill would authorize appropriations of $15 million for
each of fiscal years 2008-2011 for DOL to provide benefits and
services to victims of severe forms of trafficking of persons
in the United States and $1 million annually over the same time
period to fund activities at the Bureau of International Labor
Affairs to combat forced labor and child labor. CBO estimates
that implementing those provisions would cost $58 million over
the 2008-2012 period, assuming appropriation of the authorized
amounts.
Section 202 would require DOL to establish an electronic
process for registering foreign labor contractors, and would
require the department to investigate and dispose of complaints
related to any foreign labor contractor's failure to comply
with the act. DOL currently performs such duties for farm labor
contractors under the Migrant and Seasonal Farmworkers Act.
Based on the current costs of those activities, CBO estimates
that DOL would require additional discretionary resources of $8
million a year. CBO estimates that implementing this provision
would cost $5 million in 2008 and $32 million over the 2008-
2012 period, assuming appropriation of the estimated amounts.
Department of State. Section 301 would authorize the
appropriation of $7 million for each of fiscal years 2008-2011
for operating expenses of the Interagency Task Force, which
coordinates the implementation of the Trafficking Victims
Protection Act, and the department's Office to Combat and
Monitor Trafficking. CBO estimates that implementing those
provisions would cost $5 million in 2008 and $24 million over
the 2008-2012 period, assuming appropriation of the authorized
amounts. In addition, the bill would establish a new rewards
program to recognize individuals or organizations for their
extraordinary efforts in fighting trafficking in people. Based
on information from the department about a comparable program,
CBO estimates this provision would cost about $250,000 a year,
assuming availability of appropriated funds.
Other Provisions. Section 405 would prohibit funds from
being used to carry out military programs with governments that
the Secretary of State determines use child soldiers. Such
programs include educating and training soldiers from other
nations and financing the procurement of weapons for other
countries. The President would be able to waive the prohibition
if it were in the interest of the United States to do so. CBO
has no basis for projecting how this provision would be
implemented by the Administration, and therefore cannot
estimate its effect on federal spending.
CBO estimates that several other provisions in H.R. 3887,
when combined, would cost $1 million annually over the 2008-
2012 period, assuming availability of appropriated funds. Some
of those provisions would impose new or expanded reporting
requirements, require a new information pamphlet on legal
rights and resources for certain visa applicants, and create
new positions at the DOJ and DOL to better coordinate anti-
trafficking programs.
Direct Spending and Revenues
CBO estimates that H.R. 3887 would increase direct spending
by $1 million in 2008, $20 million over the 2008-2012 period,
and $61 million over the 2008-2017 period, primarily by
expanding eligibility for certain entitlement programs. The
bill also would increase collections of certain fines
(revenues), but CBO estimates that those effects would not be
significant (see Table 3).
TABLE 3.--COMPONENTS OF DIRECT SPENDING UNDER H.R. 3887
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008-2012 2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Foster Care:
Estimated Budget Authority.................. 1 3 3 4 4 5 5 6 6 7 15 44
Estimated Outlays........................... 1 3 3 4 4 5 5 6 6 7 15 44
Public Assistance:
Estimated Budget Authority.................. * 1 1 1 2 2 2 2 3 3 5 17
Estimated Outlays........................... * 1 1 1 2 2 2 2 3 3 5 17
1Total Changes:
Estimated Budget Authority.................. 1 4 4 5 6 7 7 8 9 10 20 61
Estimated Outlays........................... 1 4 4 5 6 7 7 8 9 10 20 61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Foster Care. Section 236 would require the federal
government to reimburse states for the cost of foster care
provided to special immigrant juveniles not covered elsewhere
in the bill (see the heading ``Department of Health and Human
Services'' above in the section on ``Spending Subject to
Appropriation''). We estimate that this provision would affect
about 160 children in 2008, with the number of children
doubling by 2017, and that the average monthly foster care
payment would be about $1,300 in 2008. Adjusting for
anticipated inflation and a slight lag in implementing the
program in 2008, CBO estimates that providing foster care
payments to those children would increase direct spending by $1
million in 2008, $15 million over the 2008-2012 period, and $44
million over the 2008-2017 period.
Public Assistance. H.R. 3887 would affect public benefits
such as Food Stamps, Medicaid, and Supplemental Security Income
(SSI) in five ways:
LSection 201 would expand eligibility for T
visas, a nonimmigrant visa, for those brought into the
country as witnesses in a judicial proceeding and for
adult victims' parents and siblings who are threatened
because of the victim's cooperation with law
enforcement;
LSection 201 would expand eligibility for
continued presence in the United States, a nonimmigrant
legal status, for trafficking victims who have filed a
civil suit against their traffickers;
LSection 201 would expand eligibility for
parole, a nonimmigrant legal status that allows entry
into the United States, for relatives of victims with
continued presence status;
LSection 212 would grant interim access to
benefits to those individuals whose application for a T
visa is pending; and
LSection 213 would grant interim benefits to
children whose certification as a victim of severe
trafficking is pending.
Based on information from DHS and DOL, and conversations
with other immigration and trafficking experts, CBO projects
that those provisions would enable 100-150 additional people
per year to become eligible for the entitlement benefits
available to refugees, such as Food Stamps, Medicaid, and SSI.
In addition, CBO forecasts that 125-150 people per year would
become eligible for benefits sooner than they would have
otherwise. Drawing on information from HHS, CBO expects 40
percent of the affected individuals would be eligible for the
Food Stamp program and roughly 15 percent would be eligible for
Medicaid and SSI. Presuming average per capita costs, we
estimate that those provisions would increase outlays by less
than $500,000 in fiscal year 2008 and $17 million over the
2008-2017 period.
Criminal Fines. Section 221 would establish new federal
crimes for certain offenses relating to human trafficking.
Because those prosecuted and convicted under H.R. 3887 would 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, deposited in the
Crime Victims Fund, and later spent. CBO expects that any
additional revenues and direct spending would not be
significant.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
Section 4 of UMRA excludes from the application of that act
any legislative provisions that enforce the constitutional
rights of individuals. CBO has determined that section
236(d)(5) addresses the due process rights of aliens in certain
legal proceedings and thus would fall within that exclusion.
Therefore, CBO has not reviewed that section of the bill for
intergovernmental and private-sector mandates.
Other provisions of H.R. 3887 contain intergovernmental
mandates as defined in UMRA, but CBO estimates that the annual
cost of those mandates would not exceed the threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation).
If state or local officials have reason to believe a person
may be a juvenile victim of trafficking, the bill would require
those officials to notify the Secretary of HHS within 72 hours.
CBO estimates that the administrative cost of this mandate
would not be significant.
In addition, H.R. 3887 would require the Secretary of HHS
to place a juvenile victim of trafficking with a person capable
of providing for the child's physical and mental well-being.
For this purpose, the bill would require state and local
agencies to give the federal government access to law
enforcement and immigration databases to verify the potential
caretaker's identity and to investigate any criminal record.
State and local governments would incur administrative costs
associated with any increased usage of their databases, but CBO
estimates that requests associated with the placement of
juvenile victims of trafficking would be infrequent, and any
incremental administrative costs would be small.
The bill would impose private-sector mandates, as defined
in UMRA, on foreign labor contractors and employers who use
such contractors. The bill would require any person who is a
foreign labor contractor to obtain a certificate of
registration from DOL before engaging in contracting
activities. As defined in the bill, such activities include
recruiting, soliciting, hiring, employing, or furnishing an
individual who lives outside of the United States to be
employed in the United States. Foreign labor contractors also
would be required to disclose certain information about the
employment opportunity in writing to each worker who is
recruited for employment. In addition, the bill would require
employers who use foreign labor contractors to use only those
that have registered with the DOL. Based on information from
DOL, CBO estimates the aggregate direct cost to comply with
those mandates would not exceed the annual threshold for
private-sector mandates established in UMRA ($131 million in
2007, adjusted annually for inflation).
ESTIMATE PREPARED BY:
Federal Costs:
Department of Justice--Mark Grabowicz
Overseas Assistance--Michelle S. Patterson
Department of Health and Human Services--Jonathan Morancy and
David Rafferty
Department of Labor--Christina Hawley Anthony
Department of State--Sunita D'Monte
Impact on State, Local, and Tribal Governments: Neil Hood
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
Peter H. Fontaine
Director for Budget Analysis
Performance Goals and Objectives
Pursuant to clause (3)(c) of House rule XIII, upon
enactment of this legislation, more foreign countries should
increase the number of prosecutions against international
traffickers.
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
and the Thirteenth Amendment to the Constitution.
New Advisory Committees
H.R. 3887 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 3887 does not apply to the Legislative Branch.
Earmark Identification
H.R. 3887 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Section 1. Short Title and Table of Contents
This section provides that the Act may be cited as the,
``William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007,'' and includes the table of
contents.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Section 101. Interagency Task Force to Monitor and Combat Trafficking
This section adds the Secretary of Education to the Task
Force.
Section 102. Office to Combat Monitor and Combat Trafficking
Subsection (a) amends provisions related to the State
Department's Office to Monitor and Combat Trafficking by
mandating the continuation of the office, by conferring
additional responsibility to work on public-private
partnerships to combat trafficking and provides that the
Director of the office have the ability to review and concur in
State Department programs and U.S. Agency for International
Development programs, including programs that are administered
in the field, that are not managed by the Office to Combat
Trafficking in Persons (the ``TIP'' office). While the
Committee does not want to delay implementation of the
trafficking programs, there needs to be greater coordination
with the office that has the most expertise on designing and
implementing trafficking specific programs. This subsection
also makes clear that the TIP office is to have authority to
manage its own programs. In particular, the Committee hopes
that such authority will reduce or eliminate delays between the
TIP office's decision to award grants and contracts and the
actual expenditure of funds under those grants and contracts.
Subsection (b) expresses the sense of Congress that the
Secretary of State should locate the TIP office at the main
headquarters for the Department of State, in Washington, D.C.,
in offices that reflect the broad and historic mission of the
office to end modern-day slavery.
Section 103. Prevention and Prosecution of Trafficking in Foreign
Countries
Subsection (a) provides additional methods for combating
trafficking abroad, including support for the capacity of
foreign governments to conduct investigations, for the capacity
of foreign governments to provide immigrant populations
information regarding their rights in the country, to provide
for legal frameworks that protect foreign migrant workers,
including domestic servants, to the same degree as citizens,
and assistance to register vulnerable populations.
Subsection (b) amends the foreign assistance act to provide
specific assistance for anti-trafficking investigation and
prosecution units in foreign countries relating to individuals
and entities involved in sexual exploitation. The Committee
notes that assistance directly to law enforcement, as
contemplated by section 134 of the Foreign Assistance Act,
which is the subject of this subsection, should be used to
combat trafficking by increasing investigations, prosecutions
and convictions.
Section 104. Assistance for Victims of Trafficking in Other Countries
Section 104 provides for a number of amendments to section
107 of the Trafficking Victims Protection Act, including
ensuring that programs are carried out in a manner that takes
into account the transnational aspects of trafficking, supports
increased protection for refugees and internally displaced
persons, and emphasizes that cooperative efforts are to be
undertaken on a regional basis. The Committee believes that
refugees and internally displaced persons are particularly
vulnerable populations that need special protection.
Section 105. Increasing Effectiveness of Anti-Trafficking Programs
Section 105 amends the TVPA by adding a new section which
provides for transparency and evaluation of trafficking
programs.
Subsection (a) provides findings that U.S. assistance
programs related to combating trafficking in persons should be
monitored and evaluated, and the U.S. should measure results--
that is, the actual effects--as well as numerical outcomes of
such programs. These outcome results should include rescue,
rehabilitation and reintegration programs in the United States
and abroad, proactive prevention activities at the community
level, and education, health, and law enforcement programs.
Subsection (b) provides for an amendment to the TVPA of
2000 to ensure that all U.S. anti-trafficking programs, both
programs carried out in the United States and abroad, are
transparent and provide for evaluation of such programs. These
provisions include a requirement that the awarding of grants,
cooperative agreements and contracts be awarded transparently
and competitively, consistent with current law. The Committee
does not intend this provision to prohibit small grants without
competition that are permitted under existing procurement
mechanisms where such grants are warranted, although the
Committee encourages the Department to use competitive
processes wherever possible. The Committee also notes that
subsection (a) of the new provision states that the agency
review process for grants, cooperative agreements and contracts
should not be subject to ad hoc or intermittent review by
individuals or organizations outside the U.S. Government. The
Committee does not intend to prevent persons from providing
their opinion with respect to specific proposals they are aware
have been made; rather the Committee does not believe they
should not have access to the internal analysis or process used
for formally reviewing those grants.
Subsection (c) of the new section of the TVPA also provides
that the President establish performance goals and ensure
performance indicators are used for all U.S. programs carried
out in the United States and abroad. The Committee expects that
the President will delegate this authority to each individual
agency to establish performance goals and indicators that are
tailored to each program.
The process of creating and implementing performance goals
for anti-trafficking programs should reflect the evolving
understanding of most effective strategies. Such indicators
should be sufficiently flexible to enable local, context-
specific approaches. As a 2007 GAO report noted, it is
important that anti-trafficking efforts encompass reintegration
efforts, place further emphasis on individual care plans for
each survivor, and provide realistic and properly resourced
programs for local follow up and monitoring of survivors. These
initiatives must be guided by local conditions and dynamics;
the Committee urges that the formulation and implementation of
performance goals provide sufficient flexibility to ensure
this. In addition, consistent with the recommendations of the
Government Accountability Office report from July 2007,
performance indicators should measure the extent of local
community engagement in strategies to prevent trafficking,
since the lack of the involvement of the local community where
anti-trafficking programs are targeted will likely undermine
the success of such programs.
Subsection (c) of this new section also provides that
efforts shall be undertaken to provide U.S. assistance
consistent with the priorities and country assessments
contained in the most recent annual TIP report. Because of the
way funds are programmed, amounts available for anti-
trafficking programs are often apportioned and then allocated
for specific countries with insufficient regard to the
subsequent publication of the annual TIP report. The Committee
believes there should be greater congruence between the
priority countries in the TIP report and U.S. Government
programming decisions.
Subsection (d) of the new section mandates that the
President take steps to ensure that the design, monitoring, and
evaluation of U.S. assistance programs for emergency relief,
development and poverty alleviation are carried out in a manner
that takes into account and is consistent with U.S. policies
and other U.S. programs relating to combating trafficking. This
provision constitutes a ``mainstreaming'' of trafficking
policies into the overall U.S. assistance programs. At a
minimum, U.S. assistance programs should not undermine U.S.
efforts to combat trafficking.
Section 106. Minimum Standards for the Elimination of Trafficking
Subsection (a) eliminates the limitation that only
countries with a significant number of victims be monitored.
Under this amendment, any country that has any trafficking
victims will be subject to the provisions of the TVPA.
Subsection (b) clarifies that in evaluating whether a
country is making significant efforts to combat trafficking,
convictions that result in suspended or significantly reduced
sentences shall not be considered to be an indicator of serious
and sustained efforts to eliminate severe forms of trafficking
in persons. The Committee notes that while prevention and
protection are critical to reducing trafficking, criminal
prosecutions with significant sentences are critical to
breaking the criminal syndicates that conduct trafficking and
should be given special emphasis when determining whether a
country is meeting or making significant efforts to combat
trafficking. Likewise, efforts to reduce demand for commercial
sex acts should be prioritized in a similar manner in making
such determinations.
Subsection (b) also provides that an additional criterion
for such standards is the provision of training in the
identification and treatment of trafficking victims. Finally,
given the priority in reducing the demand for commercial sex
acts, subsection (b) sets as a separate criterion whether a
government has made serious and sustained efforts to reduce
demand for commercial sex acts and to eliminate participation
in international sex tourism.
Section 107. Actions Against Governments Failing to Meet Minimum
Standards
Subsection (a) provides that if a country has been on the
special watch list for two consecutive years, such country
shall be deemed to be not making significant efforts to combat
trafficking unless the Secretary of State determines that: (1)
the country has a written plan to begin making such efforts;
(2) the plan, if implemented, would constitute making such
efforts; and (3) the country is devoting sufficient resources
to implement such plan. This provision addresses the problem of
``parking'' countries on the Tier II Watch List. When Congress
created the list, it was not the intention that countries could
stay on the Watch List permanently. There needs to be real
progress by such countries or such countries will have to be
determined to be Tier III.
Subsection (b) provides a clarification that a country that
is subject to sanctions under section 110 but has not received
non-humanitarian, non-trade related assistance in the previous
year has both such assistance and exchanges cut off in the year
in which sanctions apply. The Committee understands that there
is some ambiguity as to whether a Tier III country that did not
receive assistance in a previous year is prohibited from
receiving such assistance in the year after they are placed on
the Tier III list. This provision is designed to clarify that
if a country is placed on Tier III, such country will not be
able to receive non-humanitarian, non-trade related assistance.
Subsection (c) requires translation of the State
Department's annual report required pursuant to the TVPA of
2000, and publication of the translated report on appropriate
websites.
Section 108. Research on Domestic and International Trafficking in
Persons
Subsection (a) amends section 112A of the TVPA of 2000 to
require the establishment of an integrated database combining
all available data relating to trafficking trends in order to
improve coordination of the collection of data related to
trafficking in persons by each agency of the U.S. Government,
promoting uniformity of data collection and standards and
systems related to such collection, and undertaking a meta-
analysis of such data. In GAO's report from earlier this year
entitled ``Human Trafficking: Better Data, Strategy and
Reporting Needed to Enhance U.S. Antitrafficking Efforts
Abroad'' (GAO-06-825), GAO reported that ``[t]o date, the U.S.
government has funded few projects to improve estimates of
trafficking on a regional or international basis, `` that
``officials stated that they do not systematically analyze the
trafficking information they receive and lack the human and
financial resources to do so,'' and ``based on our analysis of
agency data sets, we found that Federal agencies do not have
data collections programs that could share information or
include common data fields.''
This subsection would rectify these problems by creating
greater uniformity and better data collection. The results of
combining these data sets would allow the U.S. Government to
perform a meta-analysis of trafficking trends. Modern computer
technology has made possible ``such an analysis, a method based
on combining and then analyzing a group of data sets collected
on the same topic. Pioneered in medical research, it has been
important in discovering trends in both the incidence and
successful treatment of major diseases. At present there are a
number of independent data sets on human trafficking within
U.S. Government agencies, as well as international
organizations such as the International Labor Organization and
the International Office of Migration (IOM). Indeed, GAO
noticed that IOM has a particularly useful data set.
Combination of these data sets would make possible a deeper
understanding of the incidence and trends of human trafficking.
Depending on the quality of the combined data sets, the
power of the analysis could range from gaining a clearer broad
picture of trafficking, to findings that can apportion precise
weights to the factors that generate this criminal activity,
thus indicating the most effective points of intervention.
Subsection (b) amends section 112A to provide that the
Human Smuggling and Trafficking Center (HSTC) would be
responsible for efforts to improve data collection and the
meta-analysis required by the amendment in subsection (a). The
GAO notes that efforts to improve data collection ``could
include assigning a trafficking research and data unit to serve
as interagency focal point charged with developing an overall
research strategy, collecting and analyzing data, and directing
research.'' GAO also provides that the Center could carry out
such activities if properly funded. The Committee understands
from GAO that some additional employees for the HSTC could
accomplish this mission, and H.R. 3887 includes additional
authorizations to section 112A to carry out this purpose.
Section 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons
This section authorizes the President to establish an
annual award for up to five persons (or organizations) who
provided extraordinary service in efforts to combat trafficking
in persons. This award is intended to be provided to U.S.
citizens and foreign nationals, and U.S. and foreign non-
governmental organizations, that make extraordinary efforts to
combat trafficking in the United States or abroad.
Section 110. Responsibilities of Consular Officers of the Department of
State
Subsection (a) requires consular officers conducting
interviews of employment-based non-immigrant visas to ensure
that the applicant has information about the illegality of
slavery and other exploitation, the availability of services
for human trafficking victims, the legal rights of immigrant
victims of trafficking and other exploitation, and the
provisions related to foreign labor brokers.
Subsection (b) provides for special provisions relating to
A-3 and G-5 visas, including ensuring that that the applicant
has an employment contract in a language that the applicant
understands, that the Secretary of State report on the
feasibility of having a system of monitoring of applicants that
receive such visas and of creating a system by which diplomats
for whom such applicants work purchase a bond, and that the
Secretary cooperate with law enforcement officials to the
fullest extent practicable with U.S. international obligations.
This section also provides that no such visas be issued if
the individual who would hire the applicant is from a
diplomatic mission or international institution where the
Secretary determines that trafficking or other abuse has
previously occurred or an individual has departed the United
States because of credible evidence of such abuse, unless the
Secretary of State determines that a mechanism is in place to
prevent such abuse in the future. Subsection (b) also requires
a report on diplomatic missions and international institutions
affected, exceptions made and waivers of diplomatic immunity
requested.
The Committee notes that once an A-3 or G-5 visa holder is
admitted, there is currently no system to either provide for a
one-time visit to ascertain that the visa holder has a copy of
the holder's employment contract, the visa holder's passport,
and an information pamphlet in a language the visa holder
understands. Nor does any U.S. Government employee review, in a
language the worker understands, the contents of the employment
contract with the domestic worker and ascertain that she
understands the rights and obligations stated in the contract.
There is no system to monitor such employees to make sure that
they are not being abused during their term of employment. The
Committee believes that at least a one-time visit is merited,
and that there should be a system of ongoing monitoring of the
situation. This provision therefore mandates a feasibility
study for such a system.
The Committee also notes that domestic servants have
sometimes faced abuse. The Committee believes that where abuse
has occurred and a domestic servant has not been provided his
or her wages, the Department should take steps to ensure a fair
settlement. In particular, where a civil claim is dismissed as
a result of the State Department's intervention and assertion
of diplomatic immunity, the Committee believes the State
Department should take all reasonable steps to encourage,
assist and support the foreign mission to achieve a just
settlement of the claim between the alien and the employer. One
alternative, which is used by the Government of Singapore, is
for the diplomat employer to post a bond so that if the
domestic servant is not paid, the domestic servant can collect
funds based on the bond. Therefore this section provides for a
feasibility study to study various forms of compensation,
including a bond program, compensation scheme or an insurance
scheme.
Section 111. Report on Activities of the Department of Labor to Monitor
and Combat Forced Labor and Child Labor
This section requires that the Secretary of Labor provide
an interim report on the progress toward implementing section
105(b) of the Trafficking Victims Protection Reauthorization
Act of 2005 and requires the final report not later than
September 30, 2008. The Committee appreciates the notice of
Proposed Procedural Guidelines for the list of goods imported
with slave labor published by the Department of Labor on
October 1, 2007, and believes this is a good first step toward
the eventual publication of such items. However, the Committee
is concerned that the definition of the scope of the proposed
list is too narrow as it applies to goods that are assembled
without slave labor but that include components that are
produced with slave labor or labor under slave-like conditions.
At a minimum, the list produced by the Department should
include items produced by slavery or by labor in slave-like
conditions, and items where 50 percent or more of the value can
be attributed to components made with slave labor or by labor
in slave-like conditions.
Section 112. Sense of Congress Regarding Multilateral Framework Between
Labor Exporting and Labor Importing Countries
This section provides a sense of Congress that the
Secretary of State should seek to establish a multilateral
framework between labor exporting and labor importing countries
to ensure that individuals migrating between such countries are
protected from trafficking in persons and worker exploitation
of any kind.
TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES
SUBTITLE A--ENSURING AVAILABILITY OF POSSIBLE WITNESSES AND INFORMANTS
This subtitle provides for certain changes to the T visa
and the authority for continued presence of trafficking
victims. The Committee continues, as in the TVPA of 2000, to
seek to use the T visa created by that Act as a way to assist
law enforcement officials while also seeking to address the
humanitarian needs of trafficking victims. This section allows
for bringing a victim's relatives into the United States so
that the opportunity for retaliation, a key barrier to full
cooperation with law enforcement, is reduced. It also allows T
visas for those victims whom the Secretary of Homeland Security
determines are unlikely or unable to cooperate with law
enforcement because of physical or psychological trauma. These
provisions will afford an opportunity for such a victim to
become more stable and therefore more likely to cooperate with
law enforcement.
In this regard, the Committee notes that under the TVPA of
2000, a T visa applicant must have responded to any reasonable
request by law enforcement officials in order to investigate or
prosecute traffickers. This requirement was modified by the
TVPRA of 2003 to provide that a request was not ``reasonable''
if the victim, ``due to psychological or physical trauma is
unable to cooperate with a request'' from law enforcement
officials.'' The modification in subsection (a) of Section 201
of this Act creating a new prong for the issuance of a T visa
is therefore a streamlining as opposed to an expansion of the
visa. A conforming change is made by section 201 to eliminate
this language added by the TVPRA of 2003.
Finally, the Committee notes that adjustment of status to a
Lawful Permanent Resident status, while conformed to certain
changes made in the T visa, remains discretionary and includes
the proviso that the victim respond to any reasonable request
for assistance from law enforcement officials, maintaining the
link to law enforcement in any event.
Despite the Committee's efforts and estimates of as many as
17,500 trafficking victims entering the United States every
year, the number of victims coming forward to assist U.S. law
enforcement remains too low. The Committee hopes that the
changes in this subtitle and others provisions in this Act will
increase the numbers of victims who come forward, the number
who will be prepared to act as witnesses against trafficking
perpetrators, and the number of successful prosecutions against
such perpetrators.
Section 201. Protecting Trafficking Victims Against Retaliation
In particular, subsection (a) provides for certain changes
to the T visa for trafficking victims. Paragraph (1) allows
persons who are brought into the country by the government for
investigations or as witnesses to apply for such a visa so as
to prevent retaliation for their cooperation. It also allows a
visa for persons who are not able to participate in an
interview with law enforcement because of the trauma
experienced by the applicant, clarifying the existing language
in the T Visa authorization, and eliminates the ``unusual and
severe harm'' standard.
Paragraph (2) allows parents and siblings who are in danger
of retaliation to join the trafficking victims.
Paragraph (3) conforms the T visa to the changes made in
paragraph (1) related to trauma of the victim.
Subsection (b) modifies certain requirements of the T visa,
including providing criteria on extreme hardship.
Subsection (c) clarifies and expands the Secretary of
Homeland Security's authority to permit continued presence of
trafficking victims, including if the alien has filed a civil
action against the trafficking perpetrators. It also allows for
parole into the United States of certain relatives of
trafficking victims, consistent with the amendments in section
205 of the Act. If enacted, the bill would therefore allow the
T visa process and the continued presence process to be equally
flexible in meeting law enforcement officials' needs.
Subsection (d) provides that the Secretary of Homeland
Security may waive the restriction on disqualification from
good moral character for T visa holders applying for adjustment
to Lawful Permanent Resident Alien if the actions that would
have led to the disqualification are caused by or incident to
the trafficking which the victim experienced. Such waivers are
currently available at the issuance stage, and this subsection
is intended as a conforming amendment given that initial T
recipients are expected to adjust at a later point in their
recovery.
Section 202. Information for Work-Based Nonimmigrants on Legal Rights
and Resources
Subsections (a) and (b), in conjunction with section 110 of
the Act, require the Secretary of Homeland Security, in
consultation with the Secretary of State, to create an
information pamphlet for trafficking victims similar to the
information required under the International Marriage Brokers
Act, including the illegality of slavery and trafficking,
rights of immigrants, and available services. It is expected
that the Secretary of State shall ensure that the TIP office
will be centrally involved in the drafting of the pamphlet, and
that the Department of Labor will also play a significant role.
Consistent with its mission under the TVPA of 2000, it is also
expected that the pamphlet and its issuance will be subject to
review by the Senior Policy Operating Group.
Subsection (c) requires summaries of the pamphlets to be
made for review.
Subsection (d) requires translation of the pamphlet into
certain key languages.
Subsection (e) provides for distribution of the pamphlets
Subsection (f) provides for the creation and distribution
of the pamphlet within 120 days of enactment of the Act.
Subsection (g) provides for protection of foreign workers
from unscrupulous foreign labor recruiters, who have been
responsible for significant abuses discovered in the United
States. Under this section, foreign labor recruiters who
recruit foreign workers will have to register with the
Department of Labor through an electronic system. Such
recruiters will have to provide a disclosure to each potential
employee recruited. If the recruiter provides materially false
or misleading information, such labor recruiter will be subject
to civil enforcement action by the Department of Labor and
possible criminal prosecution. An employer who uses a foreign
labor recruiter who is not registered, or knowingly disregards
that such a recruiter is in violation of the provisions of this
section, such employer shall also be subject to enforcement
action.
Section 203. Clarification of Roles of Secretary of Homeland Security
and Attorney General
This section clarifies the roles of the Secretary of
Homeland Security and the Attorney General in making certain
determinations under the Immigration and Nationality Act.
Section 204. Relief for Certain Victims Pending Actions on Petitions
and Applications for Relief
This section allows the Secretary of Homeland Security to
stay the removal of an individual who has made a prima facie
case for approval of a T Visa (relating to human trafficking).
Section 205. Parole for Derivatives of Trafficking Victims
This section authorizes the provision of parole to
derivative family members of trafficking victims to prevent
retaliation against the victim or the victim's family. In cases
where parole is being sought to support the victim's needs,
rather than due to threats of retaliation against the victim's
family, it is expected that the law enforcement officials
filing the application for parole to determine, through
consultations with the trafficking victim, her advocates and
service providers, which family members should join the victim
to provide emotional and sustaining support necessary for the
victim's cooperation and recovery. This provision need not be
used for total family reunification in all such cases, though
it is expected that the T visa process will serve that process
for adjudicated victims.
Section 206. Implementation of Trafficking Victims Protection
Reauthorization Act of 2005
This Section requires the Secretary of Homeland Security to
issue interim regulations on the adjustment of status to
permanent residence for T visa holders. The Committee is
concerned that T visa holders have not been able to fully
recover because they continue to be in the immigration system
due to adjustment regulations not being issued. The T visa was
intended to provide an alternative to the use of the ``S'' visa
to protect trafficking victims--that visa was originally
formulated for co-defendants rather than victims, and its
requirements for ongoing supervision were onerous on survivors
and case agents alike. Prompt adjustment will allow survivors
who have cooperated with law enforcement and observed the
requirements of the T visa to complete an important step toward
full integration into society.
SUBTITLE B--ASSISTANCE FOR TRAFFICKING VICTIMS
Section 211. Victim of Trafficking Certification Process
This section makes certain clarifications resulting from
conflicting amendments to the TVPRA and strengthens the role of
the Secretary of Health and Human Services in making
determinations regarding assistance to victims.
Section 212. Assistance for Certain Visa Applicants
This section clarifies that visa applicants as well as
holders have access to certain public benefits.
Section 213. Interim Assistance for Child Victims of Trafficking
This section provides that if credible information is
presented that a child has been a trafficking victim, the
Secretary of Health and Human Services (HHS) may provide
interim assistance to the child for up to 90 days. This section
also provides that any Federal official must notify HHS within
48 hours of coming into contact with such child and that State
or local officials must notify HHS within 72 hours of coming
into contact with such a child.
Section 214. Ensuring Assistance for All Victims of Trafficking in
Persons
Concerns have been raised that the TVPA of 2000 and
programs carried out under it do not sufficiently meet the
needs of American victims of human trafficking. The TVPA's
victim-services regime was not intended as programs for
foreigners only, but provided exemptions to the 1996 Welfare
Reform Act's prohibitions against services for many aliens.
Section 214 seeks to ensure that a ``service gap'' does not
exist between victims who are U.S. citizens and victims who are
foreign nationals.
Subsection (a) amends the TVPA of 2000 to specifically
authorize the use of funds for an assistance program for
victims of severe forms of trafficking of persons and provides
for establishing a system that refers such victims to existing
programs at the Department of Health and Human Services and the
Department of Justice.
Subsection (b) broadens the scope of services by providing
that in addition to the program for assistance to women in
prostitution authorized in the TVPRA of 2005 and reauthorized
in section 302 of this Act, the Attorney General is authorized
to use Victims of Crimes Act of 1984 (VOCA) funds to assist
persons victimized under Chapter 117 of Title 18 (the Mann
Act).
The Committee understands that existing guidelines prohibit
assistance to any person in detention and cannot be used for
``offender rehabilitation.'' In addition, the Committee
understands that some states have guidelines that limit the use
of State VOCA funds for individuals who may have committed a
crime. All these guidelines may have the effect of limiting
VOCA funds for women in prostitution who are trying to escape
their plight. The Committee believes this is inappropriate, as
many of these women are victims of those criminals who handle
them. However, the Committee does not necessarily intend that
these funds be taken away from State grants. The Attorney
General may use existing discretionary VOCA funds or may take
steps to ensure that State grants give priority to this
underserved population.
Subsection (c) ensures equality between classes of victims
by providing that grant applications for trafficking programs
should include a statement as to whether the service
organization applying for the grant has a referral system to
ensure that all victims receive assistance regardless of
alienage.
Subsection (d) requires that the Attorney General and the
Secretary of Health and Human Services submit a report on any
service gaps between foreign and U.S. citizen trafficking
victims (pursuant to chapter 117 of Title 18 of the U.S. Code).
SUBTITLE C--PENALTIES AGAINST TRAFFICKERS AND OTHER CRIMES
Section 221. Enhancing Trafficking and Other Related Offenses
Subsection (a) clarifies that the Government, in order to
prosecute, does not need to prove that a defendant knew that a
victim was not at least 18 years old.
Subsection (b) amends section 1592 of title 18 to
streamline it, extend it to persons who are obtaining or
maintaining a person in prostitution and adds abuse of
government process, blackmail, or causing of financial harm to
the list of offenses. The misdemeanor-level crime linked to
causing or exposing a person to financial harm is intended to
reach those schemes that do not rise to the level of serious
harm as defined in section 1589 of Title 18 of the U.S. Code.
For instance, ``financial harm'' could encompass a recruiting
fee that is usurious, fees that are unrelated to the actual
service provided, or a scheme that creates an ongoing
dependency on a recruiter such as a fee that eats up more than
1% of the total wage that a guest worker is promised. This
misdemeanor will provide a lesser-included offense to the
current Forced Labor and Sex Trafficking felonies which carry
sentences of up to 20 years for services compelled through a
``scheme, plan, or pattern [including] intentionally causing
the victim to believe that her family will face harms such as
banishment, starvation, or bankruptcy in their home country.''
(Conf. Rep. 106-939--Oct. 5, 2000). Although this new crime is
intended to give law enforcement officials another tool to
prosecute traffickers where there may be lesser indications of
force, fraud and coercion, as required by sections 1589 and
1591, its creation and use is not intended to alter the
definitions of a victim of a severe form of trafficking for any
provision of law, including within the scope of a T visa and
who is eligible for it.
Subsection (c) amends various provisions of title 18 to
ensure that victims of trafficking offenses get restitution and
restoration of forfeited assets.
Subsection (d) enhances the civil action by providing that
an action is also available against any person who knowingly
benefits from trafficking. It also provides for a realistic
statute of limitations.
Subsection (e) adds a new crime regarding actions against
persons who intimidate or expose violations of employment-based
immigration or labor law involving aliens, and creates a civil
cause of action against perpetrators of such intimidation.
Subsection (f) expands the Mann Act relating to
transportation of individuals involved in prostitution to any
act ``in or affecting interstate commerce''.
Subsection (g) creates a new crime--sex tourism--and
punishes individuals who travel abroad with the intent to
engage in illicit sexual conduct, and those who promote and
coordinate this travel for their own financial gain.
Subsection (h) provides for updating of sentencing
guidelines.
The victim services and immigration benefits created by the
Trafficking Victims Protection Act of 2000 are not linked to
what, if any, criminal charges are brought. This Act's creation
of tools to better address forms of sex trafficking under 22
U.S.C. 7102(9) does not create any rights or access to
immigration or other related benefits that are limited to
victims of severe forms of trafficking, as defined in 22 U.S.C.
7102(13).
Section 222. Jurisdiction in Certain Trafficking Offenses
This section provides jurisdiction to U.S. courts for
prosecution of certain slavery and trafficking offenses
committed abroad, including slavery, peonage and trafficking
under sections 1589 and 1591 of the U.S. Code. Prosecutions may
only take place against a person already facing prosecution in
a foreign jurisdiction if the Attorney General or the Deputy
Attorney General approves such a prosecution.
Section 223. Amendment to Other Crimes Related to Trafficking
Subsection (a) expands and makes more useful section 278 of
the Immigration and Nationality Act, relating to aliens in
prostitution, including by applying it not only to those who
harbor, transport or otherwise use aliens for prostitution, but
to anyone who uses aliens for prostitution.
Subsection (b) requires review of sentencing guidelines to
ensure conformity.
Subsection (c) makes technical modifications to provisions
relating to the International Marriage Brokers Act to clarify
that it applies to anyone in interstate or foreign commerce as
well as within the special maritime and territorial
jurisdiction of the United States.
Section 224. Model Statute Provided to States
Subsection (a) requires the Attorney General to ensure that
changes to an existing model statute on trafficking is not
being construed as derogating from, or in any way limiting or
constraining the operations of, current existing State law
relating to prostitution.
Subsection (b) requires publication of such a model statute
on the website of the Department of Justice.
Subsection (c) requires that the Department of Justice
draft and post on its website a model statute setting forth
best legislative practices in the area of state and local anti-
prostitution enforcement.
SUBTITLE D--ACTIVITIES OF THE UNITED STATES GOVERNMENT
Section 231. Annual Report by the Attorney General
This section requires that the annual report by the
Attorney General include activities by the Department of
Defense to combat trafficking in persons, actions taken to
enforce policies relating to contractors and their employees,
actions by the Secretary of Homeland Security to waive
restrictions on section 307 of the Tariff Act of 1930, and
prohibitions on procurement of items or services produced by
slave labor.
Section 232. Annual Anti-Trafficking Conference
This section amends the TVPRA of 2005 to provide that
annual anti-trafficking conferences examine the use of existing
Federal and State laws that do not require force, fraud or
coercion as an element of a felony crime to prosecute
traffickers.
Section 233. Senior Policy Operating Group
This section amends section 206 of the TVPRA of 2005 to
ensure that the Senior Policy Operating Group reviews all anti-
trafficking programs.
Section 234. Coordinators to Combat Human Trafficking
This section establishes a coordinator to ensure
consistency of Department of Justice policies regarding
trafficking and a coordinator at the Department of Labor. The
Committee expects that the Trafficking and Worker Exploitation
Task Force will focus on enforcement issues, as opposed to
setting policy decisions which should be made by the
Interagency Task Force and the Senior Policy Operating Group
(SPOG). With the new and expanded crimes created by this Act,
an increased need for coordination between the Department of
Justice and the Department of Labor is clear. This development
and the creation of the coordinators are not intended to
derogate from the work of the SPOG, in particular their
responsibility to review and coordinate major agency anti-
trafficking policies before they are put into effect. The
Committee also expects to maintain or heighten the level of
representation of each U.S. Government agency to the SPOG.
In coordinating the anti-trafficking activities at the
Department of Justice, it is noted that the Chapters 77
(Peonage, Slavery, and Trafficking in Persons) and 117
(Transportation for Illegal Sexual Activity and Related Crimes)
of Title 18, U.S. Code, are critical anti-trafficking tools and
should be used in tandem to address the criminal phenomenon of
trafficking in persons. The Criminal Division's anti-
trafficking activities should not be limited only to those sex
trafficking cases involving children.
The Justice Department should ensure that there are
appropriate structures for the prosecution of both severe forms
of trafficking and sex trafficking, as defined in the
Trafficking Victims Protection Act of 2000, including cases
involving adults in prostitution in which force, fraud, or
coercion are not provable. Structures to address such sex
trafficking cases should not dilute the servitude-based work of
the Criminal Section of the Civil Rights Division, but should
build upon and supplement the Criminal Division's existing
anti-prostitution activities through the current Child
Exploitation and Obscenity Section. In this connection, the
Exploitation and Obscenity Section of the Criminal Division of
the Department of Justice should be redesignated the ``Sexual
Exploitation and Obscenity Section,'' and the Human Trafficking
Prosecution Unit of the Civil Rights Division should be
redesignated the ``Slavery & Trafficking Prosecution Unit.''
Section 235. Preventing United States Travel by Traffickers
This section provides that the Secretary of State may
prohibit the entry into the United States of traffickers. This
authority is expected to be delegated to the Director of the
TIP office.
Section 236. Enhancing Efforts to Combat the Trafficking of Children
Section 236 responds to concerns of service providers that
a more effective sorting mechanism is needed to carry out the
mandate in Section 107 of the TVPA of 2000 that Federal
officials affirmatively seek to identify and assist trafficking
victims, especially children.
Subsection (a) expresses the sense of Congress that the
United States should undertake efforts to protect children from
trafficking, including during repatriation.
Subsection (b) provides enhanced procedures for preventing
child trafficking at the U.S. border and U.S. ports of entry.
It codifies and improves procedures for the repatriation of
unaccompanied children from contiguous countries. It also
provides that the Secretary of State shall develop a system for
the safe repatriation of unaccompanied children and shall
develop a pilot program for that purpose.
Subsection (c) requires better care and custody of
unaccompanied alien children to be provided by the Department
of Health and Human Services (HHS).
Subsection (d) improves procedures for the placement of
unaccompanied children in safe and secure settings. It requires
that HHS take steps to assist children in complying with
immigration orders, assist children in accessing pro bono
representation and, in certain cases involving particularly
vulnerable children, to obtain guardians ad litem.
Subsection (e) revises procedures for obtaining special
immigrant juvenile status and provides refugee assistance for
children in such status. It also provides for adjudication of
asylum applications by asylum officers.
Subsection (f) provides specialized training, including
training related to trafficking, to Federal officials who come
into contact with unaccompanied children.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
This title provides authorization of appropriations for
various trafficking programs.
Section 301. Trafficking Victims Protection Act of 2000
Of the amounts authorized under this section to the
Attorney General, $200,000 should be used to ensure that safety
and security consultation is incorporated into any training and
technical assistance provided to grantees who provide social
services to victims of human trafficking. Moreover, up to
$2,000,000 should be used to expand the activities of the
Criminal Division's Innocence Lost Task Forces incorporate
situations involving adults in prostitution (under Title 18,
U.S. Code, Chapter 117, as amended by this Act). Funds
authorized by this section should also be used to expand the
Criminal Division by five prosecutors to investigate and
prosecute cases under the expanded Chapter 117, including cases
against those who profit from prostitution and sex tourism, and
to expand the Civil Rights Division by five prosecutors to
investigate and prosecute cases of severe forms of trafficking,
pursuant to the TVPA and its progeny, including this Act.
Section 302. Trafficking Victims Protection Reauthorization Act of 2005
This section amends the TVPRA to add funding through fiscal
year 2011.
Section 303. Rule of Construction
This section states that the amendments made by sections
301 and 302 should not affect the availability of the funds
currently appropriated.
Section 304. Technical Amendments
This section amends the earlier trafficking bills to
reflect the name change of the Committee on Foreign Affairs
(formerly known as the ``Committee on International
Relations'').
TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS
Section 401. Short Title
This section provides that this title may be referred to as
the, ``Child Soldier Prevention Act of 2007.''
Section 402. Definitions
This section provides for various definitions used
throughout the Act.
Section 403. Findings
This section provides for various findings regarding the
millions of children killed, injured or permanently affected by
their forced exploitation as child soldiers.
Section 404. Sense of Congress
This section expresses the sense of Congress that the
forced recruitment or use of children should be condemned, that
the U.S. should support and, where practicable, to lead efforts
to establish and uphold international standards to end the use
of child soldiers, that the U.S. should expand services to
rehabilitate and reintegrate child victims, and that the U.S.
should work with other governments, international organizations
and non-governmental organizations to bring to justice those
paramilitary groups that use child soldiers and to assist in
the rehabilitation and reintegration of such children. This
section also expresses the sense of congress that the
Secretaries of State, Labor and Defense should coordinate
programs to address these issues and U.S. diplomatic missions
should include in their strategic planning the elimination of
the use of child soldiers.
Section 405. Prohibition on Provision of Military Assistance to Foreign
Governments that Recruit or Use Child Soldiers
Subsection (a) prohibits military assistance or the export
of U.S munitions to governments that the Secretary of State
determines have governmental armed forces or government-
supported armed forces, including paramilitaries, militias or
civil defense forces that recruit or use child soldiers.
Subsection (b) provides that the Secretary of State include
a list of such countries in its annual report on trafficking
required by section 110 of the TVPA of 2000.
Subsection (c) provides that the President may waive the
restriction in subsection (a) if it is in the national
interest.
Subsection (d) provides that the President may reinstate
assistance which is restricted if the government has
implemented effective measures to come into compliance with
this title and has implemented effective policies to prohibit
and prevent future use of child soldiers.
Subsection (e) provides that notwithstanding the
restriction in subsection (a), international military education
and training assistance may be provided for two years if the
Secretary of State certifies to the appropriate congressional
committees that the government of that country is implementing
effective measures to demobilize child soldiers and the
assistance is provided to directly support professionalization
of the military of the government. Subsection (e) also includes
an exception for assistance specifically designed to further
cooperation between the United States and foreign governments
to combat international terrorism.
Section 406. Reports
Subsection (a) provides that the Secretary of State and
U.S. Missions abroad thoroughly investigate reports on the use
of child soldiers.
Subsection (b) clarifies that the Secretary of State should
include a description of the use of child soldiers, including
trends toward improvement or the continued or increased
tolerance of such practices and the role of the government in
engaging in or tolerating the use of child soldiers.
Subsection (c) provides that the President notify the
appropriate congressional committees annually on any waivers
made under section 405 and a description of the assistance
under such section.
Subsection (d) provides that not less than 180 days after
implementation of the Act, the President submit a strategy for
achieving the goals in the Act.
Subsection (e) requires that not later than 120 days after
enactment of the Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the
recruitment and use of child soldiers by the governmental armed
forces or government-supported armed groups of the Government
of Burma, including paramilitaries, militias, or civil defense
forces.
Section 407. Training for Foreign Service Officers
This section establishes a requirement for instruction for
Foreign Service Officers relating to child soldiers and the
terms of the Child Soldier Prevention Act of 2007.
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 italic, existing law in which no change is
proposed is shown in roman):
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
* * * * * * *
SEC. 103. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the [Committee on
International Relations] Committee on Foreign Affairs
and the Committee on the Judiciary of the House of
Representatives.
* * * * * * *
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
National Intelligence, the Secretary of Defense, the Secretary
of Homeland Security, the Secretary of Education, 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] Committee on Foreign Affairs,
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) the number of persons who received
benefits or other services under section 107(b)
in connection with programs or activities
funded or administered by the Secretary of
Health and Human Services, the Secretary of
Labor, the Attorney General, the Board of
Directors of the Legal Services Corporation,
and other appropriate Federal agencies during
the preceding fiscal year;
* * * * * * *
(G) the amount, recipient, and purpose of
each grant under section 202 and 204 of the
Trafficking Victims Protection Act of 2005;
[and]
(H) activities by the Department of Defense
to combat trafficking in persons, including
educational efforts for and disciplinary
actions taken against members of the United
States Armed Forces, materials included in
training of the armed forces of foreign
countries, and efforts to ensure that United
States Government contractors do not engage in
trafficking in persons;
(I) activities or actions by Federal
departments and agencies to enforce--
(i) section 106(g) of this Act and
any similar provision of law,
regulation, or policy relating to
United States Government contractors
and their employees or United States
Government subcontractors and their
employees that engage in severe forms
of trafficking in persons, procurement
of commercial sex acts, or use of
forced labor, including debt bondage;
(ii) section 307 of the Tariff Act of
1930 (19 U.S.C. 1307; relating to
prohibition on importation of convict
made goods), including any
determinations by the Secretary of
Homeland Security to waive the
restrictions of such section; and
(iii) prohibitions on the procurement
by the United States Government of
items or services produced by slave
labor, consistent with Executive Order
13107 (December 10, 1998); and
[(H)] (J) the activities undertaken by the
Senior Policy Operating Group to carry out its
responsibilities under section 105(f) of this
division.
[(e) Support for the Task Force.--The Secretary of State is
authorized to establish within the Department of State an
Office to Monitor and Combat Trafficking, which shall provide
assistance to the Task Force. Any such Office shall be headed
by a Director, who shall be appointed by the President, by and
with the advice and consent of the Senate, with the rank of
Ambassador-at-Large. The Director shall have the primary
responsibility for assisting the Secretary of State in carrying
out the purposes of this division and may have additional
responsibilities as determined by the Secretary. The Director
shall consult with nongovernmental organizations and
multilateral organizations, and with trafficking victims or
other affected persons. The Director shall have the authority
to take evidence in public hearings or by other means. The
agencies represented on the Task Force are authorized to
provide staff to the Office on a nonreimbursable basis.
[(1) Establishment.--There shall be established
within the executive branch a Senior Policy Operating
Group.
[(2) Membership; related matters.--
[(A) In general.--The Operating Group shall
consist of the senior officials designated as
representatives of the appointed members of the
Task Force (pursuant to Executive Order No.
13257 of February 13, 2002).
[(B) Chairperson.--The Operating Group shall
be chaired by the Director of the Office to
Monitor and Combat Trafficking of the
Department of State.
[(C) Meetings.--The Operating Group shall
meet on a regular basis at the call of the
Chairperson.
[(3) Duties.--The Operating Group shall coordinate
activities of Federal departments and agencies
regarding policies (including grants and grant
policies) involving the international trafficking in
persons and the implementation of this division.
[(4) Availability of information.--Each Federal
department or agency represented on the Operating Group
shall fully share all information with such Group
regarding the department or agency's plans, before and
after final agency decisions are made, on all matters
relating to grants, grant policies, and other
significant actions regarding the international
trafficking in persons and the implementation of this
division.
[(5) Regulations.--Not later than 90 days after the
date of the enactment of the Trafficking Victims
Protection Reauthorization Act of 2003, the President
shall promulgate regulations to implement this section,
including regulations to carry out paragraph (4).]
(e) Office to Monitor and Combat Trafficking.--
(1) Establishment.--The Secretary of State shall
establish within the Department of State an Office to
Monitor and Combat Trafficking, which shall be headed
by a Director, who shall be appointed by the President,
by and with the advice and consent of the Senate, with
the rank of Ambassador-at-Large.
(2) Responsibilities.--The Director shall have the
following responsibilities:
(A) The Director shall have primary
responsibility for assisting the Secretary of
State in carrying out the purposes of this
division, shall provide assistance to the Task
Force, and may have additional responsibilities
as determined by the Secretary of State.
(B) The Director shall consult with
nongovernmental organizations and multilateral
organizations, and with trafficking victims or
other affected persons. The Director shall have
the authority to take evidence in public
hearings or by other means.
(C) The Director shall, in coordination and
cooperation with the Assistant Secretary for
International Labor Affairs and other officials
at the Department of State involved in
corporate responsibility and other relevant
officials of the United States Government, be
responsible for promoting, building, and
sustaining partnerships between the United
States Government and private entities
(including foundations, universities,
corporations, community-based organizations,
and other nongovernmental organizations) to
ensure that United States citizens do not use
any item, product, or material produced or
extracted with the use of labor from victims of
severe forms of trafficking and to ensure that
such entities do not contribute to trafficking
in persons involving sexual exploitation, such
as through work with the airlines and tourism
industries.
(D) The Director shall be responsible solely
for all policy, funding, and programming
decisions regarding funds made available for
trafficking in persons programs that are
centrally controlled by the Department of
State.
(3) Coordination.--Any trafficking in persons
programs of the Department of State or the United
States Agency for International Development that are
not centrally controlled by the Department of State
shall be carried out with concurrence of the Director.
SEC. 106. PREVENTION OF TRAFFICKING.
(a) * * *
* * * * * * *
(i) Additional Measures To Prevent and Deter Trafficking.--
The President shall establish and carry out programs to prevent
and deter trafficking in persons. Such programs may include--
(1) technical assistance and other support for the
capacity of foreign governments to investigate,
identify, and carry out inspections of private
entities, including labor recruitment centers, at which
trafficking victims may be exploited, particularly
exploitation involving forced and child labor;
(2) technical assistance and other support for
foreign governments and nongovernmental organizations
to provide immigrant populations with information
regarding the rights of such populations in the foreign
country and any information regarding in-country
nongovernmental organization-operated hotlines of the
type described in section 107(a)(1)(A) of this Act,
with such information to be provided in the native
languages of the major immigrant groups of such
populations;
(3) technical assistance to provide legal frameworks
and other programs to foreign governments and
nongovernmental organizations to ensure that foreign
migrant workers are provided protection equal to
nationals of the foreign country, that labor
recruitment firms are regulated, and that workers
providing domestic services in households are provided
protection under labor rights laws; and
(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the
country to reduce the ability of traffickers to exploit
such populations.
SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development, in consultation with
appropriate nongovernmental organizations, shall
establish and carry out programs and initiatives in
foreign countries to assist in the safe integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking. Such programs and initiatives
shall be designed to meet the appropriate assistance
needs of such persons and their children, as identified
by the Task Force, and shall be carried out in a manner
which takes into account the cross-border, regional,
and transnational aspects of trafficking in persons. In
addition, such programs and initiatives shall, to the
maximum extent practicable, include the following:
(A) * * *
* * * * * * *
(F) In cooperation and coordination with the
United Nations High Commissioner for Refugees,
the International Organization of Migration,
and other relevant organizations, support for
increased protections for refugees and
internally displaced persons, including
outreach and education efforts to prevent such
refugees and internally displaced persons from
being exploited by traffickers.
(2) Additional requirement.--In establishing and
conducting programs and initiatives described in
paragraph (1), the Secretary of State and the
Administrator of the United States Agency for
International Development shall take all appropriate
steps to enhance cooperative efforts among foreign
countries, including countries of origin of victims of
trafficking, to assist in the integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking, including stateless victims. In
carrying out this paragraph, the Secretary and the
Administrator shall take all appropriate steps to
ensure that cooperative efforts among foreign countries
are undertaken on a regional basis.
(b) Victims in the United States.--
(1) Assistance.--
(A) * * *
* * * * * * *
(E) Certification.--
(i) In general.--Subject to clause
(ii), the certification referred to in
subparagraph (C) is a certification by
the Secretary of Health and Human
Services, after [consultation with the
Attorney General and the Secretary of
Homeland Security, that the person]
consultation with the Attorney General
or the Secretary of Homeland Security,
that the person referred to in
subparagraph (C)(ii)(II)--
(I) * * *
(II)(aa) * * *
(bb) is a person whose
continued presence in the
[United States the Secretary of
Homeland Security is ensuring]
United States the Secretary of
Homeland Security is ensuring
in order to effectuate
prosecution of traffickers in
persons.
(ii) Period of effectiveness.--A
certification referred to in
subparagraph (C), with respect to a
person described in clause (i)(II)(bb),
shall be effective only for [so long as
the Attorney General and the Secretary
of Homeland Security determines] so
long as the Secretary of Homeland
Security determines that the continued
presence of such person is necessary to
effectuate prosecution of traffickers
in persons.
* * * * * * *
(F) Eligibility of interim assistance for
child victims.--
(i) Determination.--With respect to a
person referred to in subparagraph
(C)(ii)(I) who is seeking assistance
under this paragraph, if credible
information is presented on behalf of
the person that the person has been
subjected to a severe form of
trafficking in persons, the Secretary
of Health and Human Services shall
promptly make a determination of the
person's eligibility under this
paragraph.
(ii) Exclusive authority.--The
Secretary of Health and Human Services
shall have exclusive authority in
making determinations of eligibility
under clause (i).
(iii) Duration.--Assistance provided
under this paragraph for an individual
determined to be eligible under clause
(i) may be provided for up to 90 days
and may be extended for an additional
30 days.
(iv) Sense of congress.--It is the
sense of Congress that--
(I) to ensure the best
interests of the child and to
create an increased chance of
cooperation by child victims of
severe forms of trafficking in
persons, the United States
Government should provide
assistance to protect and care
for such child victims during
the pendency of proceedings to
determine whether a child is a
victim of severe forms of
trafficking; and
(II) in order to further the
objective of subclause (I), the
Secretary of Health and Human
Services should make the
determination of eligibility
for assistance under clause (i)
on the basis of the information
provided and the Secretary's
own assessment of such
information without regard to
the assessments by other
departments and agencies of the
United States Government
regarding whether such child
victim's application for relief
or benefits under this Act or
the Immigration and Nationality
Act will be approved.
(G) Notification of child victims for
interim assistance.--
(i) Federal officials.--Any Federal
official who has reason to believe that
a person may be a juvenile victim of
trafficking referred to in subparagraph
(C)(ii)(I) shall notify the Secretary
of Health and Human Services not later
than 48 hours after the official first
learns that the person may be a
juvenile victim of trafficking for the
purpose of facilitating the provision
of interim assistance under
subparagraph (F).
(ii) State and local officials.--Any
State or local official who has reason
to believe that a person may be a
juvenile victim of trafficking referred
to in subparagraph (C)(ii)(I) shall
notify the Secretary of Health and
Human Services not later than 72 hours
after the official first learns that
the person may be a juvenile victim of
trafficking for the purpose of
facilitating the provision of interim
assistance under subparagraph (F).
* * * * * * *
(c) Trafficking Victim Regulations.--Not later than 180
days after the date of the enactment of this Act, the Attorney
General, the Secretary of Homeland Security and the Secretary
of State shall promulgate regulations for law enforcement
personnel, immigration officials, and Department of State
officials to implement the following:
(1) * * *
* * * * * * *
[(3) Authority to permit continued presence in the
united states.--Federal law enforcement officials may
permit an alien individual's continued presence in the
United States, if after an assessment, it is determined
that such individual is a victim of a severe form of
trafficking and a potential witness to such
trafficking, in order to effectuate prosecution of
those responsible, and such officials in investigating
and prosecuting traffickers shall protect the safety of
trafficking victims, including taking measures to
protect trafficked persons and their family members
from intimidation, threats of reprisals, and reprisals
from traffickers and their associates.]
(3) Authority to permit continued presence in the
united states.--
(A) Trafficking victims.--
(i) In general.--Upon application
from law enforcement officials, the
Secretary of Homeland Security may
permit an alien's continued presence in
the United States if--
(I) after a prima facie
assessment, the Secretary
determines that such alien may
be a victim of a severe form of
trafficking; and
(II) the Secretary is
notified by such law
enforcement officials that such
alien may be a potential
witness to such trafficking, in
order to effectuate prosecution
of those responsible.
(ii) Safety.--Federal law enforcement
officials described in clause (i), in
investigating and prosecuting
traffickers, shall protect the safety
of trafficking victims, including
taking measures to protect trafficked
persons and their family members from
intimidation, threats of reprisals, and
reprisals from traffickers and their
associates.
(iii) Continuation of presence.--The
Secretary shall continue to permit the
continued presence of an alien
described in clause (i) if such alien
has filed a civil action under section
1595 of title 18, United States Code,
until such action is concluded.
(B) Parole for relatives.--Pursuant to
section 240A(b)(6) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(b)), as
added by section 205 of the William Wilberforce
Trafficking Victims Protection Reauthorization
Act of 2007, law enforcement officials may
submit a written request to the Secretary of
Homeland Security to permit the parole into the
United States of certain relatives of an alien
described in subparagraph (A)(i).
(4) Training of government personnel.--Appropriate
personnel of the Department of State [and the
Department of Justice], the Department of Homeland
Security, and the Department of Health and Human
Services shall be trained in identifying victims of
severe forms of trafficking and providing for the
protection of such victims, including the
identification of juvenile victims of trafficking. The
Attorney General and the Secretary of Heath and Human
Services shall provide education and guidance to State
and local officials on the identification of aliens who
are the victims of severe forms of trafficking, and in
particular child victims of trafficking, including
education and guidance on the requirements of
subsection (b)(1)(G)(ii).
* * * * * * *
(h) Assistance for United States Citizens.--
(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with
the Secretary of State and the Secretary of Labor, are
authorized to establish a program to provide assistance
to United States citizens who are victims of severe
forms of trafficking. In determining the types of
assistance that would be most beneficial for such
victims, the Secretary of Health and Human Services and
the Attorney General shall consult with nongovernmental
organizations that provide services to victims of
severe forms of trafficking in the United States.
(2) Use of existing programs.--In addition to such
other specialized services as may be required for
victims described in paragraph (1), the program
established pursuant to paragraph (1) shall facilitate
communication and coordination between the providers of
assistance to such victims, and provide a means of
identifying such providers and making referrals to
programs for which such victims are already eligible
(including programs administered by the Department of
Justice and the Department of Health and Human
Services).
(3) Grants.--The Secretary of Health and Human
Services and the Attorney General may make grants to
States, Indian tribes, units of local government, and
non-profit, nongovernmental victims' service
organizations to develop, expand, and strengthen victim
service programs authorized under this subsection. The
Federal share of a grant made under this subsection may
not exceed 75 percent of the total costs of the
projects described in the application submitted.
SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
(a) Awarding of Grants, Cooperative Agreements, and
Contracts.--The head of each department and agency of the
United States Government that administers funds made available
for programs described in this division and the amendments made
by this division in the United States and foreign countries
shall--
(1) make solicitations of grants, cooperative
agreements, and contracts for such programs publicly
available;
(2) award grants, cooperative agreements, and
contracts on a full and open competitive basis,
consistent with existing law; and
(3) ensure that internal department or agency review
process for such grants, cooperative agreements, and
contracts is not subject to ad hoc or intermittent
review by individuals or organizations outside the
United States Government not otherwise provided for in
the process described in paragraphs (1) and (2).
(b) Evaluation of Trafficking Programs.--
(1) In general.--The President shall establish and
implement a system to monitor and evaluate the
effectiveness and efficiency of assistance provided
under anti-trafficking programs established and carried
out under this division and the amendments made by this
division on a program-by-program basis in order to
maximize the long-term sustainable development impact
of such assistance.
(2) Requirements.--In carrying out paragraph (1), the
President shall--
(A) establish performance goals for
assistance described in paragraph (1) and
express such goals in an objective and
quantifiable form, to the extent practicable;
(B) ensure that performance indicators are
used for each United States program authorized
by this division and the amendments made by
this division to measure and assess the
achievement of the performance goals described
in subparagraph (A); and
(C) provide a basis for recommendations for
adjustments to assistance described in
paragraph (1) to enhance the impact of such
assistance.
(c) Targeted Use of Trafficking Programs.--The Director of
the Office to Monitor and Combat Trafficking shall undertake
efforts to provide assistance to foreign countries and
nongovernmental organizations under this division and the
amendments made by this division based on the priorities and
country assessments contained in the most recent report
submitted by the Secretary of State to Congress pursuant to
section 110(b) of this Act.
(d) Consistency With Other Programs.--The President shall
take steps to ensure that the design, monitoring, and
evaluation of United States assistance programs for emergency
relief, development, and poverty alleviation under part I and
chapter 4 of part II of the Foreign Assistance Act of 1961 and
other similar United States assistance programs are carried out
in a manner that takes into account and are consistent with
United States policies and other United States programs
relating to combatting trafficking in persons.
(e) Authorization of Appropriations.--For each of the
fiscal years 2008 through 2011, up to 2 percent of the amounts
made available to carry out this division and the amendments
made by this division may be used to carry out this section.
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this division, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or
destination for [a significant number of] victims of severe
forms of trafficking are the following:
(1) * * *
* * * * * * *
(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) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of
trafficking in persons, and convicts and sentences
persons responsible for such acts, that take place
wholly or partly within the territory of the country,
including in all appropriate cases requiring
incarceration of individuals convicted of such acts.
For purposes of the preceding sentence, suspended or
significantly-reduced sentences for convictions of acts
of severe forms of trafficking in persons shall not be
considered to be an indicator of serious and sustained
efforts to eliminate severe forms of trafficking in
persons. After reasonable requests from the Department
of State for data regarding investigations,
prosecutions, convictions, and sentences, a government
which does not provide such data, consistent with the
capacity of such government to obtain such data, 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.
(2) Whether the government of the country protects
victims of severe forms of trafficking in persons and
encourages their assistance in the investigation and
prosecution of such trafficking, including provisions
for legal alternatives to their removal to countries in
which they would face retribution or hardship, and
ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and
immigration officials in the identification and
treatment of trafficking victims using approaches that
focus on the needs of the victims.
(3) 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
establish the identity of local populations, including
birth registration, citizenship, and nationality,
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.
* * * * * * *
(11) Whether the government has made serious and
sustained efforts to reduce the demand for commercial
sex acts and for participation in international sex
tourism by nationals of the country.
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) * * *
(b) Reports to Congress.--
(1) * * *
* * * * * * *
(3) Significant efforts.--In determinations under
paragraph (1) or (2) as to whether the government of a
country is making significant efforts to bring itself
into compliance with the minimum standards for the
elimination of trafficking, the Secretary of State
shall consider--
(A) * * *
* * * * * * *
(D) Countries on special watch list for two
consecutive years.--If a country is included on
the special watch list described in
subparagraph (A) for two consecutive years,
such country shall be included on the list of
countries described in paragraph (1)(C), unless
the Secretary of State determines that (i) the
country has a written plan to begin making
significant efforts to bring itself into
compliance with the minimum standards for the
elimination of trafficking, (ii) the plan, if
implemented, would constitute making such
significant efforts, and (iii) the country is
devoting sufficient resources to implement the
plan, and, as part of the report required by
paragraph (1) and the interim assessment
required by subparagraph (B), the Secretary
provides to the appropriate congressional
committees credible evidence that the country
meets the requirements of clauses (i) through
(iii). The Secretary may make a determination
under the preceding sentence with respect to a
country for not more than two consecutive
years.
* * * * * * *
(d) Presidential Determinations.--The determinations
referred to in subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The President has determined that--
(A)(i) * * *
(ii) in the case of a country whose
government received no nonhumanitarian,
nontrade-related foreign assistance from the
United States during the previous fiscal year,
[the United States will not provide] the United
States will not provide such assistance to the
government of the country for the subsequent
fiscal year and will not provide funding for
participation by officials or employees of such
governments in educational and cultural
exchange programs for the subsequent fiscal
year until such government complies with the
minimum standards or makes significant efforts
to bring itself into compliance; and
* * * * * * *
SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
(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 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) * * *
* * * * * * *
(5) An effective mechanism for quantifying the number
of victims of trafficking on a national, regional, and
international basis. Such mechanism shall include, not
later than two years after the date of the enactment of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, the establishment of an
integrated data base by combining all applicable data
collected by each Federal department and agency
represented on the Interagency Task Force to Monitor
and Combat Trafficking (established under section 105
of this Act) and, to the maximum extent practicable,
applicable data from relevant international
organizations, for the purposes of improving
coordination of the collection of data related to
trafficking in persons by each agency of the United
States Government that collects such data, promoting
uniformity of such data collection and standards and
systems related to such collection, and undertaking a
meta-analysis of patterns of trafficking in persons,
slavery, and slave-like conditions.
* * * * * * *
(b) Role of Human Smuggling and Trafficking Center.--The
research initiatives described in subsection (a)(4) and the
second sentence of subsection (a)(5) 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)).
* * * * * * *
SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
(a) Establishment of Award.--The President is authorized to
establish an award for extraordinary efforts engaged in outside
the United States to combat trafficking in persons, to be known
as the ``Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons''. To the maximum extent practicable,
the Secretary should make the award annually to up to 5
individuals or organizations, including individuals who are
United States citizens or foreign nationals and United States
or foreign nongovernmental organizations.
(b) Selection.--The President shall establish procedures
for selecting recipients of the award authorized under
subsection (a).
(c) Ceremony.--The President shall host an annual ceremony
for recipients of the award authorized under subsection (a) at
the time the report required by section 110(b) of this Act is
submitted by the Secretary of State to Congress pursuant to
such section. The Secretary of State is authorized to pay the
costs associated with travel by each recipient to the ceremony.
(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2008 through
2011.
SEC. 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, $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] $5,000,000 for each of the
fiscal years 2008 through 2011. In addition, there are
authorized to be appropriated to the Office to Monitor and
Combat Trafficking $1,500,000 for additional personnel for each
of the fiscal years 2008 through 2011 for official reception
and representation expenses $3,000 for each of the fiscal years
[2006 and 2007] 2008 through 2011.
(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, 2005, 2006, and 2007]
$15,000,000 for each of the fiscal years 2008 through 2011. To
carry out the purposes of section 107(h), there are authorized
to be appropriated to the Secretary of Health and Human
Services $2,500,000 for fiscal year 2008, $5,000,0000 for
fiscal year 2009, $10,000,000 for fiscal year 2010, and
$15,000,000 for fiscal year 2011.
(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,
2005, 2006, and 2007] 2008 through 2011.
(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] $10,000,000 for fiscal year 2003
and $10,000,000 for each of the fiscal years
[2004, 2005, 2006, and 2007] 2008 through 2011.
To carry out the purposes of section
107(a)(1)(F), there are authorized to be
appropriated to the Secretary of State $500,000
for fiscal year 2008, $750,000 for fiscal year
2009, and $1,000,000 for each of the fiscal
years 2010 and 2011.
(C) Prosecution and meeting minimum
standards.--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 $10,000,000 for
each of the fiscal years [2004, 2005, 2006, and
2007] 2008 through 2011 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.
[(2) Voluntary contributions to osce.--To carry out
the purposes of section 109, there is authorized to be
appropriated to the Secretary of State for each of the
fiscal years 2001 through 2005 $300,000 for voluntary
contributions to advance projects aimed at preventing
trafficking, promoting respect for human rights of
trafficking victims, and assisting the Organization for
Security and Cooperation in Europe participating states
in related legal reform for such fiscal year.]
[(3)] (2) Preparation of annual country reports on
human rights.--To carry out the purposes of [section
104] sections 116(f) and 502B(h) of the Foreign
Assistance Act of 1961 (as added by section 104), there
are authorized to be appropriated to the Secretary of
State such sums as may be necessary to include the
additional information required by that section in the
annual Country Reports on Human Rights Practices[,
including the preparation and publication of the list
described in subsection (a)(1) of that section].
(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,
2005, 2006, and 2007] $15,000,000 for each of the fiscal years
2008 through 2011. 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, 2005, 2006, and 2007]
$500,000 for each of the fiscal years 2008 through 2011 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. To carry out the purposes of section 107(h), there
are authorized to be appropriated to the Attorney General
$2,500,000 for fiscal year 2008, $5,000,0000 for fiscal year
2009, $10,000,000 for fiscal year 2010, and $15,000,000 for
fiscal year 2011.
(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
2007] $15,000,000 for each of the fiscal years 2008
through 2011.
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of [section 109]
section 134 of the Foreign Assistance Act of 1961 (as
added by 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
2007] $15,000,000 for each of the fiscal years 2008
through 2011.
(3) Research.--To carry out the purposes of section
112A, there are authorized to be appropriated to the
President [$300,000 for each of the fiscal years 2004
through 2007] $500,000 for each of the fiscal years
2008 through 2011.
(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,
2005, 2006, and 2007] $15,000,000 for each of the fiscal years
2008 through 2011.
* * * * * * *
(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] each of the fiscal years 2008 through 2011, 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] $18,000,000 for each of the
fiscal years 2008 through 2011, to remain available until
expended, for investigations by the Bureau of Immigration and
Customs Enforcement of severe forms of trafficking in persons.
----------
SECTION 134 OF THE FOREIGN ASSISTANCE ACT OF 1961
SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR
THE ELIMINATION OF TRAFFICKING.
(a) Authorization.--The President is authorized to provide
assistance to foreign countries directly, or through
nongovernmental and multilateral organizations, for programs,
projects, and activities designed to meet the minimum standards
for the elimination of trafficking (as defined in section 103
of the Trafficking Victims Protection Act of 2000), including--
(1) * * *
(2) the investigation and prosecution of traffickers,
including investigation of individuals and entities
that may be involved in trafficking in persons
involving sexual exploitation;
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
this Act, divided into titles, chapters, and sections according
to the following table of contents, may be cited as the
``Immigration and Nationality Act''.
TABLE OF CONTENTS
Title I--General
Sec. 101. Definitions.
* * * * * * *
chapter 8--general penalty provisions
Sec. 271. Prevention of unauthorized landing of aliens.
* * * * * * *
[Sec. 278. Importation of alien for immoral purpose.]
Sec. 278. Aliens in prostitution.
* * * * * * *
TITLE I--GENERAL
definitions
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(15) The term ``immigrant'' means every alien except an
alien who is within one of the following classes of
nonimmigrant aliens--
(A) * * *
* * * * * * *
(T)(i) subject to section 214(o), an alien who the
Secretary of Homeland Security[, or in the case of
subclause (III)(aa) the Secretary of Homeland Security
and the Attorney General jointly;] determines--
(I) is or has been a victim of a severe form of
trafficking in persons, as defined in section 103 of
the Trafficking Victims Protection Act of 2000[,];
(II) is physically present in the United States,
American Samoa, or the Commonwealth of the Northern
Mariana Islands, or at a port of entry thereto, on
account of such trafficking, including physical
presence on account of the alien having been allowed
entry into the United States for participation in
investigative or judicial processes;
(III)(aa) has complied with any reasonable request
for assistance in the Federal, State or local
investigation or prosecution of acts of trafficking or
the investigation of crime where acts of trafficking
are at least one central reason for the commission of
that crime; [or]
(bb) in the Secretary's sole and unreviewable
discretion, that the alien is unlikely or unable to
cooperate with such a request due to physical or
psychological trauma; or
[(bb)] (cc) has not attained 18 years of age[, and];
and
(IV) the alien would suffer extreme hardship
[involving unusual and severe harm] upon removal; and
(ii) if accompanying, or following to join, the alien
described in clause (i)--
(I) * * *
(II) in the case of an alien described in clause (i)
who is 21 years of age or older, the spouse and
children of such [alien; and] alien and any parents or
siblings of such alien who establish a present danger
of retaliation as a result of the alien's cooperation
with law enforcement.
[(iii) if the Secretary of Homeland Security, in his
or her discretion and with the consultation of the
Attorney General, determines that a trafficking victim,
due to psychological or physical trauma, is unable to
cooperate with a request for assistance described in
clause (i)(III)(aa), the request is unreasonable.]
* * * * * * *
(27) The term ``special immigrant'' means--
(A) * * *
* * * * * * *
(J) an immigrant who is present in the United
States--
(i) who has been declared dependent on a
juvenile court located in the United States or
whom such a court has legally committed to, or
placed under the custody of, an agency or
department of a [State and who has been deemed
eligible by that court for long-term foster
care due to abuse, neglect, or abandonment;]
State, or an individual or entity appointed by
a State or juvenile court located in the United
States, and whose reunification with one or
both of the immigrant's parents is not viable
due to abuse, neglect, abandonment, or a
similar basis found under State law;
* * * * * * *
(iii) in whose case [the Attorney General
expressly consents to the dependency order
serving as a precondition to the grant of
special immigrant juvenile status;] the
Secretary of Homeland Security consents to the
grant of special immigrant juvenile status,
except that--
(I) no juvenile court has
jurisdiction to determine the custody
status or placement of an alien [in the
actual or constructive custody of the
Attorney General unless the Attorney
General specifically consents to such
jurisdiction;] in the custody of the
Secretary of Health and Human Services
unless the Secretary of Health and
Human Services specifically consents to
such jurisdiction; and
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
ASYLUM
Sec. 208. (a) Authority To Apply for Asylum.--
(1)
(2) Exceptions.--
(A) * * *
* * * * * * *
(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child
(as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
* * * * * * *
(b) Conditions for Granting Asylum.--
(1) * * *
* * * * * * *
(3) Treatment of spouse and children.--
(A) * * *
* * * * * * *
(C) Initial jurisdiction.--An asylum officer
(as defined in section 235(b)(1)(E)) shall have
initial jurisdiction over any asylum
application filed by an unaccompanied alien
child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C.
279(g))), regardless of whether filed in
accordance with this section or section 235(b).
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE
FOR ADMISSION; WAIVERS OF INADMISSIBILITY
Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:
(1) * * *
(2) Criminal and related grounds.--
(A) * * *
* * * * * * *
(H) Significant traffickers in persons.--
(i) In general.--Any alien who is
listed in a report submitted pursuant
to section 111(b) of the Trafficking
Victims Protection Act of 2000, or who
the [consular officer] consular
officer, the Secretary of State, or the
Attorney General knows or has reason to
believe is or has been a knowing aider,
abettor, assister, conspirator, or
colluder with such a trafficker in
severe forms of trafficking in persons,
as defined in the section 103 of such
Act, is inadmissible.
* * * * * * *
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a) * * *
* * * * * * *
(o)(1) * * *
* * * * * * *
(8)(A) If the Secretary of Homeland Security, in the
Secretary's discretion and with the consultation of the
Attorney General, determines that a trafficking victim, due to
psychological or physical trauma, is unable to cooperate with a
request for assistance described in section
101(a)(15)(T)(i)(III)(aa), the request is unreasonable.
(B) In determining whether extreme hardship described in
section 101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland
Security, in consultation with investigators, prosecutors, and
relevant individuals responsible for working with victims and
witnesses shall consider whether the country to which the alien
is likely to be removed can adequately address security
concerns and the mental and physical health needs of the alien
and of persons described in section 101(a)(15)(T)(ii).
* * * * * * *
(s) A visa shall not be issued under the subparagraph
(A)(iii), (G)(v), (H), (J), (L), (Q), or (R) of section
101(a)(15) until the consular officer--
(1) has provided to and reviewed with the applicant,
in the applicant's language (or a language the
applicant understands), a copy of the information and
resources pamphlet required by section 202 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007; and
(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by such
section 202.
* * * * * * *
Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal
* * * * * * *
GENERAL CLASSES OF DEPORTABLE ALIENS
Sec. 237. (a) * * *
* * * * * * *
(d)(1) In the case of an alien in the United States for
whom an application for nonimmigrant status (whether as a
principal alien or a derivative relative) under section
101(a)(15)(T) has been filed, if the application sets forth a
prima facie case for approval, the Secretary of Homeland
Security may grant the alien a stay of removal or deportation
until the application is approved or the application is denied
after exhaustion of administrative appeals. Any appeal of the
denial of a stay of removal or deportation under this paragraph
must accompany any appeal of the underlying substantive
petition or application for benefits.
(2) During a period in which an alien is provided a stay of
removal under this subsection, the alien shall not be removed
or deported.
(3) Nothing in this subsection shall be construed as
limiting the authority of the Secretary of Homeland Security to
grant a stay of removal or deportation in any case not
described in this subsection.
* * * * * * *
CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
Sec. 240A. (a) * * *
(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
(1) * * *
* * * * * * *
(6) Relatives of trafficking victims.--
(A) In general.--Upon written request by a
law enforcement official, the Secretary of
Homeland Security shall grant parole under
section 212(d)(5) to any alien who is a
relative of an alien granted continued presence
pursuant to section 107(c)(3)(A) of the
Trafficking Victims Protection Act (22 U.S.C.
7105(c)(3)(A)), if the relative was, on the
date on which law enforcement applied for such
continued presence--
(i) in the case of an alien granted
continued presence who is under 21
years of age, the spouse, child,
parent, or unmarried sibling under 18
years of age, of the alien; or
(ii) in the case of an alien granted
continued presence who is 21 years of
age or older, the spouse or child of
the alien, or a parent or sibling of
the alien who establishes a present
danger of retaliation as a result of
the alien's cooperation with law
enforcement.
(B) Duration of parole.--
(i) In general.--The grant of parole
under subparagraph (A) shall extend
until the date an application filed by
the principal alien under section
101(a)(15)(T)(ii) has been finally
adjudicated.
(ii) Other limits on duration.--If no
such application is filed, the grant of
parole shall extend until the later
of--
(I) the date on which the
principal alien's continued
presence in the United States
under section 107(c)(3)(A) of
the Trafficking Victims
Protection Act (22 U.S.C.
7105(c)(3)(A)) is terminated;
or
(II) the date on which a
civil action filed by the
principal alien under section
1595 of title 18, United States
Code, is concluded.
(iii) Due diligence.--Failure by the
principal alien to exercise due
diligence in filing a visa petition on
behalf of an alien described in clause
(i) or (ii) of subparagraph (A) may
result in revocation of parole.
* * * * * * *
Chapter 5--Adjustment and Change of Status
ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
Sec. 245. (a) * * *
* * * * * * *
(h) In applying this section to a special immigrant
described in section 101(a)(27)(J)--
(1) * * *
(2) in determining the alien's admissibility as an
immigrant--
[(A) paragraphs (4), (5)(A), and (7)(A) of
section 212(a) shall not apply, and]
(A) paragraphs (4), (5)(A), (6)(A), (6)(C),
(6)(D), (7)(A), 9(B), and 9(C)(i)(I) of section
212(a) shall not apply; and
* * * * * * *
(l)(1) If, in the opinion of the Secretary of Homeland
Security[, or in the case of subparagraph (C)(i), the Attorney
General,,] a nonimmigrant admitted into the United States under
section 101(a)(15)(T)(i)--
(A) has been physically present in the United States
for a continuous period of at least 3 years since the
date of admission as a nonimmigrant under section
101(a)(15)(T)(i), or has been physically present in the
United States for a continuous period during the
investigation or prosecution of acts of trafficking and
that, in the opinion of the [Attorney General,]
Secretary of Homeland Security, the investigation or
prosecution is complete, whichever period of time is
less;
(B) subject to paragraph (6), has, throughout such
period, been a person of good moral character, and
(C)(i) * * *
(ii) the alien would suffer extreme hardship
[involving unusual and severe harm] upon removal from
the United States,
the Secretary of Homeland Security[, or in the case of
subparagraph (C)(i), the Attorney General,] may adjust the
status of the alien (and any person admitted under section
101(a)(15)(T)(ii) as the spouse, parent, sibling, or child of
the alien) to that of an alien lawfully admitted for permanent
residence.
* * * * * * *
(6) For purposes of paragraph (1)(B), the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, may waive consideration of a disqualification from
good moral character (described in section 101(f)) with respect
to an alien if the disqualification was caused by, or was
incident to, the trafficking described in section
101(a)(15)(T)(i)(I).
(m)(1) Secretary of Homeland Security may adjust the status
of an alien admitted into the United States (or otherwise
provided nonimmigrant status) under section 101(a)(15)(U) to
that of an alien lawfully admitted for permanent residence if
the alien is not described in section 212(a)(3)(E), [unless the
Attorney General] unless the Secretary determines based on
affirmative evidence that the alien unreasonably refused to
provide assistance in a criminal investigation or prosecution,
if--
(A) * * *
* * * * * * *
Chapter 8--General Penalty Provisions
* * * * * * *
[IMPORTATION OF ALIEN FOR IMMORAL PURPOSE
[Sec. 278. The importation into the United States of any
alien for the purpose of prostitution, or for any other immoral
purpose, is hereby forbidden. Whoever shall, directly or
indirectly, import, or attempt to import into the United States
any alien for the purpose of prostitution or for any other
immoral purpose, or shall hold or attempt to hold any alien for
any such purpose in pursuance of such illegal importation, or
shall keep, maintain, control, support, employ, or harbor in
any house or other place, for the purpose of prostitution or
for any other immoral purpose, any alien, in pursuance of such
illegal importation, shall be fined under title 18, United
States Code, or imprisoned not more than 10 years, or both. The
trial and punishment of offenses under this section may be in
any district to or into which such alien is brought in
pursuance of importation by the person or persons accused, or
in any district in which a violation of any of the provisions
of this section occurs. In all prosecutions under this section,
the testimony of a husband or wife shall be admissible and
competent evidence against each other.]
ALIENS IN PROSTITUTION
Sec. 278. (a) Generally.--Whoever, for the purposes of
prostitution or for any other any sexual activity for which any
person can be charged with a criminal offense--
(1) knowingly imports or attempts to import any alien; or
(2) knowing or in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to come to,
enter, or reside in the United States, knowingly holds, keeps,
maintains, supports, employs, or harbors the individual in any
place in the United States, including any building or any means
of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or
imprisoned not more than 10 years, or both.
(b) Special Evidentiary Rule.--In all prosecutions under
this section, the testimony of a husband or wife shall be
admissible and competent evidence against each other.
* * * * * * *
----------
SECTION 431 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996
SEC. 431. DEFINITIONS.
(a) * * *
* * * * * * *
(c) Treatment of Certain Battered Aliens as Qualified
Aliens.--For purposes of this title, the term ``qualified
alien'' includes--
(1) * * *
(2) an alien--
(A) * * *
(B) who meets the requirement of subparagraph
(B) of paragraph (1); [or]
(3) an alien child who--
(A) * * *
(B) who meets the requirement of subparagraph
(B) of paragraph (1)[.] or;
(4) an alien who has applied for and not been denied,
or who holds, status as a nonimmigrant under clause (i)
or (ii) of section 101(a)(15)(T) of the Immigration and
Nationality Act.
This subsection shall not apply to an alien during any period
in which the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as the
individual subjected to such battery or cruelty.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 73--OBSTRUCTION OF JUSTICE
Sec.
1501. Assault on process server.
* * * * * * *
1521. Retaliation in foreign labor contracting.
* * * * * * *
Sec. 1521. Retaliation in foreign labor contracting
(a)(1) Whoever knowingly uses intimidation, threatens, or
corruptly persuades another person, or attempts to do so, or
engages in misleading conduct toward another person, with
intent to prevent or to retaliate against such person for--
(A) the disclosure of information by such person
concerning violations with respect to aliens of the
provisions of employment-based immigration programs or
any other Federal labor or employment law; or
(B) the cooperation of such person in an
investigation or other proceeding concerning compliance
with respect to aliens with the requirements of
employment-based immigration programs or any other
Federal labor or employment law,
shall be punished as provided in paragraph (2).
(2) A violator of paragraph (1) shall--
(A) if death results from the violation, or if the
violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse, or the attempt to commit
aggravated sexual abuse, or an attempt to kill, be
fined under this title or imprisoned for any term of
years or life, or both;
(B) if the offense resulted in bodily injury, but not
death, be fined under this title or imprisoned for not
more than 10 years, or both; or
(C) in any other case, be fined under this title or
imprisoned not more than 5 years, or both.
(b) An individual who is the victim of an offense under
this section may, in a civil action, recover damages (including
reasonable attorneys' fees) for the harm done the victim by
that offense. Any civil action filed under this section shall
be stayed during the pendency of any criminal action arising
out of the same occurrence in which the claimant is the victim.
(c) For the purposes of this section, the term
``employment-based immigration'' means a nonimmigrant visa
issued for the purpose of employment, student exchange
employment, or job training in the United States, including
those issued under subparagraph (A)(iii), (G)(v), (H), (J),
(L), (Q), or (R) of section 101(a)(15) of the Immigration and
Nationality Act.
* * * * * * *
CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
Sec.
1581. Peonage; obstructing enforcement.
* * * * * * *
* * * * * * *
[1592. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or
forced labor.]
1592. Unlawful compelled service.
* * * * * * *
1596. Additional jurisdiction in certain trafficking offenses.
* * * * * * *
Sec. 1591. Sex trafficking of children or by force, fraud, or coercion
(a) Whoever knowingly--
(1) in or affecting interstate or foreign commerce,
or within the special maritime and territorial
jurisdiction of the United States, recruits, entices,
harbors, transports, provides, or obtains by any means
a person; or
(2) benefits, financially or by receiving anything of
value, from participation in a venture which has
engaged in an act described in violation of paragraph
(1),
knowing that force, fraud, or coercion described in subsection
(c)(2) will be used to cause the person to engage in a
commercial sex act, or [that the person has not attained the
age of 18 years and] that the person (being a person who has
not attained the age of 18 years) will be caused to engage in a
commercial sex act, shall be punished as provided in subsection
(b). In a prosecution under this subsection, the Government
need not prove that the defendant knew that the person had not
attained the age of 18 years.
* * * * * * *
[Sec. 1592. Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary
servitude, or forced labor
[(a) Whoever knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person--
[(1) in the course of a violation of section 1581,
1583, 1584, 1589, 1590, 1591, or 1594(a);
[(2) with intent to violate section 1581, 1583, 1584,
1589, 1590, or 1591; or
[(3) to prevent or restrict or to attempt to prevent
or restrict, without lawful authority, the person's
liberty to move or travel, in order to maintain the
labor or services of that person, when the person is or
has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking
Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than
5 years, or both.
[(b) Subsection (a) does not apply to the conduct of a
person who is or has been a victim of a severe form of
trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, if that conduct is
caused by, or incident to, that trafficking.]
Sec. 1592. Unlawful compelled service
(a) Generally.--Whoever knowingly, with intent to obtain or
maintain the labor or services of a person or to obtain or
maintain a person for use in a commercial sex act (as defined
in section 1591)--
(1) destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other
immigration document, or any other actual or purported
government identification document, of another person
to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the persons ability
to move or travel;
(2) improperly uses a position of real or apparent
governmental authority;
(3) asserts as fact, exposes, or threatens to expose,
a matter, whether true or false, tending to subject
some person to hatred, contempt or ridicule; or
(4) exposes any person to bankruptcy or other
financial harm,
shall be punished as provided in subsection (b).
(b) Punishment.--A violator of subsection (a) shall--
(1) if the offense involved a violation of subsection
(a)(1) or (2), or a violation of subsection (a)(3) in
which bodily injury, incarceration, or deportation
occurred as a result of the blackmail, be fined under
this title or imprisoned not more than 5 years, or
both;
(2) if the offense involved a violation of subsection
(a)(3) not resulting in bodily injury or incarceration,
or a violation of subsection (a)(4) in which bankruptcy
or financial harm occurred and the loss of at least one
person was over ten thousand dollars, be fined under
this title or imprisoned not more than 3 years, or
both; and
(3) in any other case, be fined under title 18,
United States Code, or imprisoned not more than one
year, or both.
(c) Definition.--For purposes of this paragraph,
``financial harm'' includes the factors set forth in section
892(b) of this title, and fees charged for foreign labor
contracting activity, as defined in section 202(g) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, that are not reasonably related to
services provided to the foreign worker.
Sec. 1593. Mandatory restitution
(a) * * *
(b)(1) * * *
* * * * * * *
(4) The distribution of proceeds among multiple victims in
an order of restitution under this section shall govern the
distribution of forfeited funds through the processes of
remission or restoration under this section or any other
statute that explicitly authorizes restoration or remission of
forfeited property.
* * * * * * *
Sec. 1594. General provisions
(a) * * *
(b) [The court,] Subject to remission or restoration, 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.
(c)(1) * * *
* * * * * * *
(3) The Attorney General shall grant restoration or
remission of property to victims of an offense under this
chapter that result in forfeiture under this section or under
any other statute that explicitly authorizes restoration or
remission of forfeited property.
(4) In a prosecution brought under any other provision of
Federal law, the Attorney General may grant restoration or
remission of property to victims of severe forms of trafficking
as defined in section 103 of the Trafficking Victims Protection
Act of 2000, in accordance with section 1594(b)(4).
* * * * * * *
Sec. 1595. Civil remedy
(a) An individual who is a victim of a violation [of
section 1589, 1590, or 1591] of this chapter may bring a civil
action against the perpetrator (or any person who knowingly
benefits, financially or by receiving anything of value from
participation in a venture which has engaged in an act in
violation of this chapter) in an appropriate district court of
the United States and may recover damages and reasonable
attorneys fees.
* * * * * * *
(c) No action shall be maintained under this section unless
it is commenced within 10 years after the cause of action
arose.
Sec. 1596. Additional jurisdiction in certain trafficking offenses
(a) In General.--In addition to any domestic or extra-
territorial jurisdiction otherwise provided by law, the courts
of the United States have extra-territorial jurisdiction over
any offense (or any attempt or conspiracy to commit an offense)
under section 1581, 1583, 1584, 1589, 1590, or 1591 if--
(1) an alleged offender or victim of the offense is a
national of the United States or an alien lawfully
admitted for permanent residence (as those terms are
defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)); or
(2) an alleged offender is present in the United
States, irrespective of the nationality of the alleged
offender.
(b) Limitation on Prosecutions of Offenses Prosecuted in
Other Countries.--No prosecution may be commenced against a
person under this section if a foreign government, in
accordance with jurisdiction recognized by the United States,
has prosecuted or is prosecuting such person for the conduct
constituting such offense, except upon the approval of the
Attorney General or the Deputy Attorney General (or a person
acting in either such capacity), which function of approval may
not be delegated.
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
Sec.
2421. Transportation generally.
* * * * * * *
2423A. Sex tourism.
* * * * * * *
Sec. 2422. Coercion and enticement
(a) Whoever knowingly persuades, induces, entices, or
coerces any individual to travel in or affecting interstate or
foreign commerce, in the special maritime and territorial
jurisdiction of the United States, or in any Territory or
Possession of the United States, to engage in prostitution, or
in any sexual activity for which any person can be charged with
a criminal offense, or attempts to do so, shall be fined under
this title or imprisoned not more than 20 years, or both.
* * * * * * *
Sec. 2423. Transportation of minors
(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who knowingly transports an individual who
has not attained the age of 18 years in interstate or foreign
commerce, or in any commonwealth, territory or possession of
the United States, with intent that the individual engage in
prostitution, or in any sexual activity for which any person
can be charged with a criminal offense, shall be fined under
this title and imprisoned not less than 10 years or for life.
[(b) Travel With Intent To Engage in Illicit Sexual
Conduct.--A person who travels in interstate commerce or
travels into the United States, or a United States citizen or
an alien admitted for permanent residence in the United States
who travels in foreign commerce, for the purpose of engaging in
any illicit sexual conduct with another person shall be fined
under this title or imprisoned not more than 30 years, or both.
[(c) Engaging in Illicit Sexual Conduct in Foreign
Places.--Any United States citizen or alien admitted for
permanent residence who travels in foreign commerce, and
engages in any illicit sexual conduct with another person shall
be fined under this title or imprisoned not more than 30 years,
or both.
[(d) Ancillary Offenses.--Whoever, for the purpose of
commercial advantage or private financial gain, arranges,
induces, procures, or facilitates the travel of a person
knowing that such a person is traveling in interstate commerce
or foreign commerce for the purpose of engaging in illicit
sexual conduct shall be fined under this title, imprisoned not
more than 30 years, or both.
[(e) Attempt and Conspiracy.--Whoever attempts or conspires
to violate subsection (a), (b), (c), or (d) shall be punishable
in the same manner as a completed violation of that subsection.
[(f) Definition.--As used in this section, the term
``illicit sexual conduct'' means (1) a sexual act (as defined
in section 2246) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred in
the special maritime and territorial jurisdiction of the United
States; or (2) any commercial sex act (as defined in section
1591) with a person under 18 years of age.
[(g) Defense.--In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by a preponderance
of the evidence, that the defendant reasonably believed that
the person with whom the defendant engaged in the commercial
sex act had attained the age of 18 years.]
Sec. 2423A. Sex tourism
(a) Travel With Intent To Engage in Illicit Sexual
Conduct.--A person who travels in interstate commerce or
travels into the United States, or a United States citizen or
an alien admitted for permanent residence in the United States
who travels in foreign commerce, for the purpose of engaging in
any illicit sexual conduct with another person shall be fined
under this title or imprisoned not more than 10 years, or both.
(b) Engaging in Illicit Sexual Conduct in Foreign Places.--
Any United States citizen or alien admitted for permanent
residence who travels in foreign commerce, and engages in any
illicit sexual conduct with another person shall be fined under
this title or imprisoned not more than 10 years, or both.
(c) Arranging Travel and Related Conduct.--Whoever, for the
purpose of commercial advantage or private financial gain,
arranges, induces, procures, or facilitates the travel of a
person knowing that such a person is traveling in interstate
commerce or foreign commerce for the purpose of engaging in
illicit sexual conduct shall be fined under this title,
imprisoned not more than 10 years, or both.
(d) Increased Penalty for Offenses Involving Children.--If
the illicit sexual conduct is with a child, the maximum term of
imprisonment for an offense under this section is 30 years.
(e) Attempt and Conspiracy.--Whoever attempts or conspires
to violate this section shall be punishable in the same manner
as for the completed violation.
(f) Definitions.--As used in this section--
(1) the term ``illicit sexual conduct'' means--
(A) a sexual act (as defined in section 2246)
that would be in violation of chapter 109A if
the sexual act occurred in the special maritime
and territorial jurisdiction of the United
States; or
(B) any commercial sex act (as defined in
section 1591); and
(2) the term ``child'' means a person under 18 years
of age.
(g) Defense.--In a prosecution under this section for a
violation where an element of the offense involves a commercial
sex act with a child, it is a defense, which the defendant must
establish by a preponderance of the evidence, that the person
engaging in that act reasonably believed that the other person
was not a child.
* * * * * * *
----------
SECTION 833 OF THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE
REAUTHORIZATION ACT OF 2005
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS
AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) * * *
* * * * * * *
(d) Regulation of International Marriage Brokers.--
(1) * * *
* * * * * * *
(5) Penalties.--
(A) * * *
(B) Federal criminal penalty.--In
circumstances in or affecting [interstate or
foreign commerce, an international marriage
broker that, within the special maritime and
territorial jurisdiction of the United States,
violates] interstate or foreign commerce or
within the special maritime and territorial
jurisdiction of the United States, an
international marriage broker that violates (or
attempts to violate) paragraph (1), (2), (3),
or (4) shall be fined in accordance with title
18, United States Code, or imprisoned for not
more than 5 years, or both.
* * * * * * *
----------
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005
* * * * * * *
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
* * * * * * *
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) * * *
(b) Establishment of Pilot Program for Residential
Rehabilitative Facilities for Victims of Trafficking.--
(1) * * *
* * * * * * *
(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] Committee on Foreign Affairs 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] 2008 through 2011.
* * * * * * *
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) * * *
* * * * * * *
(c) Research.--
(1) * * *
(2) Report.--
(A) * * *
(B) Definition.--In this paragraph, the term
``appropriate congressional committees''
means--
(i) the [Committee on International
Relations] Committee on Foreign Affairs
and the Committee on the Judiciary of
the House of Representatives; and
* * * * * * *
(e) Prevention of Trafficking by Peacekeepers.--
(1) * * *
(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] Committee on
Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and any
other appropriate congressional committee a report that
contains--
(A) * * *
* * * * * * *
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) * * *
(b) Activities of the Department of Labor.--
(1) * * *
* * * * * * *
(3) Authorization of appropriations.--To carry out
this subsection, there are authorized to be
appropriated to the Secretary of Labor $1,000,000 for
each of the fiscal years 2008 through 2011.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program to Reduce Trafficking in Persons and Demand for
Commercial Sex Acts in the United States.--
(1) * * *
(2) Trafficking conference.--
(A) In general.--The Attorney General, in
consultation and cooperation with the Secretary
of Health and Human Services, shall conduct an
annual conference in each of the fiscal years
2006, 2007, and 2008, and thereafter conduct a
biennial conference, addressing severe forms of
trafficking in persons and commercial sex acts
that occur, in whole or in part, within the
territorial jurisdiction of the United States.
At each such conference, the Attorney General,
or his designee, shall--
(i) * * *
(ii) disseminate best methods and
practices for enforcement of laws
prohibiting acts of severe forms of
trafficking in persons and other laws
related to acts of trafficking in
persons, including, but not limited to,
best methods and practices for training
State and local law enforcement
personnel on the enforcement of such
laws and the use of existing Federal
and State criminal laws that do not
require force, fraud, or coercion as an
element of a felony crime to prosecute
such persons;
* * * * * * *
(c) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) [$2,500,000 for each of the fiscal years 2006 and
2007] $3,000,000 for each of the fiscal years 2008
through 2011 to carry out the activities described in
subsection (a)(1)(B)(i) and [$2,500,000 for each of the
fiscal years 2006 and 2007] $3,000,000 for each of the
fiscal years 2008 through 2011 to carry out the
activities described in subsection (a)(1)(B)(ii); and
(2) [$1,000,000 for each of the fiscal years 2006
through 2007] $1,000,000 for each of the fiscal years
2008 through 2011 to carry out the activities described
in subsection (a)(2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized
to be appropriated [$10,000,000 for each of the fiscal years
2006 and 2007] $15,000,000 for each of the fiscal years 2008
through 2011 to carry out the activities described in this
section.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) * * *
* * * * * * *
(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] $5,000,000 for each of the fiscal
years 2008 through 2011.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General to carry out this
section [$25,000,000 for each of the fiscal years 2006 and
2007] $25,000,000 for each of the fiscal years 2008 through
2011.
* * * * * * *
SEC. 206. SENIOR POLICY OPERATING GROUP.
Each Federal department or agency involved in grant
activities related to combatting trafficking or providing
services to persons subjected to trafficking inside the United
States shall[, as the department or agency determines
appropriate,] apprise the Senior Policy Operating Group
established by section 105(f) of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7103(f)), under the
procedures established by the Senior Policy Operating Group, of
such activities of the department or agency to ensure that the
activities are consistent with the purposes of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
* * * * * * *
----------
SECTION 462 OF THE HOMELAND SECURITY ACT OF 2002
SEC. 462. CHILDREN'S AFFAIRS.
(a) * * *
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) * * *
* * * * * * *
(L) conducting investigations and inspections
of facilities and other entities in which
unaccompanied alien children reside[.],
including regular follow-up visits to such
facilities, placements, and other entities, to
assess the continued suitability of such
placements.
* * * * * * *
(3) Duties with respect to foster care.--In carrying
out the duties described in [paragraph (1)(G),]
paragraph (1), the Director of the Office of Refugee
Resettlement is encouraged to use the refugee children
foster care system established pursuant to section
412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien
children.
(4) Rule of construction.--Nothing in paragraph
(2)(B) may be construed to require that a bond be
posted for an unaccompanied alien child who is released
to a qualified sponsor.
* * * * * * *
----------
SECTION 708 OF THE FOREIGN SERVICE ACT OF 1980
SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) * * *
* * * * * * *
(c) The Secretary of State, with the assistance of other
relevant officials, shall establish as part of the standard
training provided after January 1, 2008, for members of the
Service, including chiefs of mission, instruction on matters
related to child soldiers and the terms of the Child Soldier
Prevention Act of 2007.