[110th Congress Public Law 457]
[From the U.S. Government Printing Office]


[DOCID: f:publ457.110]

[[Page 5043]]

                     WILLIAM WILBERFORCE TRAFFICKING

                   VICTIMS PROTECTION REAUTHORIZATION

                               ACT OF 2008

[[Page 122 STAT. 5044]]

Public Law 110-457
110th Congress

                                 An Act


 
 To authorize appropriations for fiscal years 2008 through 2011 for the 
   Trafficking Victims Protection Act of 2000, to enhance measures to 
combat trafficking in persons, and for other purposes. <<NOTE: Dec. 23, 
                         2008 -  [H.R. 7311]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 
2008.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 22 USC 7101 note.>>  Short Title.--This Act may be cited 
as the ``William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

         TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

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

             Subtitle B--Assistance for Trafficking Victims

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

       Subtitle C--Penalties Against Traffickers and Other Crimes

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

[[Page 122 STAT. 5045]]

Sec. 225. Promoting effective State enforcement.

         Subtitle D--Activities of the United States Government

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

               TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

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

                   TITLE IV--CHILD SOLDIERS PREVENTION

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

         TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

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

    Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7103(b)) is amended by inserting ``the Secretary of Education,'' 
after ``the Secretary of Homeland Security,''.
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

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

[[Page 122 STAT. 5046]]

                          ``(ii) such entities do not contribute to 
                      trafficking in persons involving sexual 
                      exploitation.
                    ``(B) United states assistance.--The Director shall 
                be responsible for--
                          ``(i) all policy, funding, and programming 
                      decisions regarding funds made available for 
                      trafficking in persons programs that are centrally 
                      controlled by the Office to Monitor and Combat 
                      Trafficking; and
                          ``(ii) coordinating any trafficking in persons 
                      programs of the Department of State or the United 
                      States Agency for International Development that 
                      are not centrally controlled by the Director.''.
SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN 
                        COUNTRIES.

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

    (b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before the 
semicolon the following: ``, including investigation of individuals and 
entities that may be involved in trafficking in persons involving sexual 
exploitation''.
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER 
                        COUNTRIES.

    Section 107(a) of Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by inserting before the 
                period at the end the following: ``, and shall be 
                carried out in a manner which takes into account the 
                cross-border,

[[Page 122 STAT. 5047]]

                regional, and transnational aspects of trafficking in 
                persons''; and
                    (B) by adding at the end the following:
                    ``(F) In cooperation and coordination with relevant 
                organizations, such as the United Nations High 
                Commissioner for Refugees, the International 
                Organization for Migration, and private nongovernmental 
                organizations that contract with, or receive grants 
                from, the United States Government to assist refugees 
                and internally displaced persons, support for--
                          ``(i) increased protections for refugees and 
                      internally displaced persons, including outreach 
                      and education efforts to prevent such refugees and 
                      internally displaced persons from being exploited 
                      by traffickers; and
                          ``(ii) performance of best interest 
                      determinations for unaccompanied and separated 
                      children who come to the attention of the United 
                      Nations High Commissioner for Refugees, its 
                      partner organizations, or any organization that 
                      contracts with the Department of State in order to 
                      identify child trafficking victims and to assist 
                      their safe integration, reintegration, and 
                      resettlement.''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``In carrying out this paragraph, the Secretary and the 
        Administrator shall take all appropriate steps to ensure that 
        cooperative efforts among foreign countries are undertaken on a 
        regional basis.''.
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

    The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.) is amended by inserting after section 107 the following:
``SEC. 107A. <<NOTE: 22 USC 7105a.>>  INCREASING EFFECTIVENESS OF 
                          ANTI-TRAFFICKING PROGRAMS.

    ``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--In 
administering funds made available to carry out this Act within and 
outside the United States--
            ``(1) solicitations of grants, cooperative agreements, and 
        contracts for such programs shall be made publicly available;
            ``(2) grants, cooperative agreements, and contracts shall be 
        subject to full and open competition, in accordance with 
        applicable laws; and
            ``(3) the internal department or agency review process for 
        such grants, cooperative agreements, and contracts shall not be 
        subject to ad hoc or intermittent review or influence by 
        individuals or organizations outside the United States 
        Government except as provided under paragraphs (1) and (2).

    ``(b) Eligibility.--
            ``(1) In general.-- <<NOTE: Certification.>> An applicant 
        desiring a grant, contract, or cooperative agreement under this 
        Act shall certify that, to the extent practicable, persons or 
        entities providing legal services, social services, health 
        services, or other assistance have completed, or will complete, 
        training in connection with trafficking in persons.

[[Page 122 STAT. 5048]]

            ``(2) Disclosure.--If appropriate, applicants should 
        indicate collaboration with nongovernmental organizations, 
        including organizations with expertise in trafficking in 
        persons.

    ``(c) <<NOTE: President.>>  Evaluation of Anti-Trafficking 
Programs.--
            ``(1) In general.--The President shall establish a system to 
        evaluate the effectiveness and efficiency of the assistance 
        provided under anti-trafficking programs established under this 
        Act on a program-by-program basis in order to maximize the long-
        term sustainable development impact of such assistance.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        President shall--
                    ``(A) establish performance goals for the assistance 
                described in paragraph (1), expressed in an objective 
                and quantifiable form, to the extent practicable;
                    ``(B) ensure that performance indicators are used 
                for programs authorized under this Act to measure and 
                assess the achievement of the performance goals 
                described in subparagraph (A);
                    ``(C) provide a basis for recommendations for 
                adjustments to the assistance described in paragraph (1) 
                to enhance the impact of such assistance; and
                    ``(D) ensure that evaluations are conducted by 
                subject matter experts in and outside the United States 
                Government, to the extent practicable.

    ``(d) Targeted Use of Anti-Trafficking Programs.--In providing 
assistance under this division, the President should take into account 
the priorities and country assessments contained in the most recent 
report submitted by the Secretary of State to Congress pursuant to 
section 110(b).
    ``(e) <<NOTE: President.>>  Consistency With Other Programs.--The 
President shall ensure that the design, monitoring, and evaluation of 
United States assistance programs for emergency relief, development, and 
poverty alleviation under part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and 
other similar United States assistance programs are consistent with 
United States policies and other United States programs relating to 
combating trafficking in persons.

    ``(f) Authorization of Appropriations.--For each of the fiscal years 
2008 through 2011, not more than 5 percent of the amounts made available 
to carry out this division may be used to carry out this section, 
including--
            ``(1) evaluations of promising anti-trafficking programs and 
        projects funded by the disbursing agency pursuant to this Act; 
        and
            ``(2) evaluations of emerging problems or global trends.''.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    Section 108 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7106) is amended--
            (1) in subsection (a), by striking ``a significant number 
        of''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking the period at the 
                end of the first sentence and inserting the following: 
                ``, including, as appropriate, requiring incarceration 
                of individuals convicted of such acts. For purposes of 
                the

[[Page 122 STAT. 5049]]

                preceding sentence, suspended or significantly-reduced 
                sentences for convictions of principal actors in cases 
                of severe forms of trafficking in persons shall be 
                considered, on a case-by-case basis, whether to be 
                considered an indicator of serious and sustained efforts 
                to eliminate severe forms of trafficking in persons.'';
                    (B) in paragraph (2), by inserting before the period 
                at the end the following: ``, including by providing 
                training to law enforcement and immigration officials 
                regarding the identification and treatment of 
                trafficking victims using approaches that focus on the 
                needs of the victims'';
                    (C) in paragraph (3), by striking ``measures to 
                reduce the demand for commercial sex acts and for 
                participation in international sex tourism by nationals 
                of the country'' and inserting ``measures to establish 
                the identity of local populations, including birth 
                registration, citizenship, and nationality''; and
                    (D) by adding at the end the following:
            ``(11) Whether the government of the country has made 
        serious and sustained efforts to reduce the demand for--
                    ``(A) commercial sex acts; and
                    ``(B) participation in international sex tourism by 
                nationals of the country.''.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                        STANDARDS.

    (a) Countries on Special Watch List Relating to Trafficking in 
Persons for 2 Consecutive Years.--Section 110(b)(3) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amended by 
adding at the end the following:
                    ``(D) Countries on special watch list for 2 
                consecutive years.--
                          ``(i) In general.--Except as provided under 
                      clause (ii), a country that is included on the 
                      special watch list described in subparagraph (A) 
                      for 2 consecutive years after the date of the 
                      enactment of this subparagraph, shall be included 
                      on the list of countries described in paragraph 
                      (1)(C).
                          ``(ii) Exercise of waiver authority.--The 
                      President may waive the application of clause (i) 
                      for up to 2 years if the President determines, and 
                      reports credible evidence to the Committee on 
                      Foreign Relations of the Senate and the Committee 
                      on Foreign Affairs of the House of 
                      Representatives, that such a waiver is justified 
                      because--
                                    ``(I) the country has a written plan 
                                to begin making significant efforts to 
                                bring itself into compliance with the 
                                minimum standards for the elimination of 
                                trafficking;
                                    ``(II) the plan, if implemented, 
                                would constitute making such significant 
                                efforts; and
                                    ``(III) the country is devoting 
                                sufficient resources to implement the 
                                plan.''.

    (b) Clarification of Measures Against Certain Foreign Countries.--
Section 110(d)(1)(A)(ii) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7107(d)(1)(A)) is amended by inserting ``such assistance 
to the government of the country for

[[Page 122 STAT. 5050]]

the subsequent fiscal year and will not provide'' after ``will not 
provide''.
    (c) <<NOTE: 22 USC 7107 note.>>  Translation of Trafficking in 
Persons Report.--The Secretary of State shall--
            (1) timely translate the annual report submitted under 
        section 110(b) of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7107(b)) into the principal languages of as many 
        countries as possible, with particular emphasis on the languages 
        of the countries on the lists described in subparagraphs (B) and 
        (C) of section 110(b)(1) of such Act; and
            (2) <<NOTE: Public information. Web site.>>  ensure that the 
        translations described in paragraph (1) are made available to 
        the public through postings on the Internet website of the 
        Department of State and other appropriate websites.
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
                        PERSONS.

    (a) Integrated Database.--Section 112A of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
            (1) in subsection (a), by amending paragraph (5) to read as 
        follows:
            ``(5) <<NOTE: Deadline.>>  An effective mechanism for 
        quantifying the number of victims of trafficking on a national, 
        regional, and international basis, which shall include, not 
        later than 2 years after the date of the enactment of the 
        William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008, the establishment and maintenance 
        of an integrated database within the Human Smuggling and 
        Trafficking Center.''; and
            (2) by amending subsection (b) to read as follows:

    ``(b) Role of Human Smuggling and Trafficking Center.--
            ``(1) In general.--The research initiatives described in 
        paragraphs (4) and (5) of subsection (a) shall be carried out by 
        the Human Smuggling and Trafficking Center, established under 
        section 7202 of the 9/11 Commission Implementation Act of 2004 
        (8 U.S.C. 1777).
            ``(2) Database.--The database described in subsection (a)(5) 
        shall be established by combining all applicable data collected 
        by each Federal department and agency represented on the 
        Interagency Task Force to Monitor and Combat Trafficking, 
        consistent with the protection of sources and methods, and, to 
        the maximum extent practicable, applicable data from relevant 
        international organizations, to--
                    ``(A) improve the coordination of the collection of 
                data related to trafficking in persons by each agency of 
                the United States Government that collects such data;
                    ``(B) promote uniformity of such data collection and 
                standards and systems related to such collection;
                    ``(C) undertake a meta-analysis of patterns of 
                trafficking in persons, slavery, and slave-like 
                conditions to develop and analyze global trends in human 
                trafficking;
                    ``(D) identify emerging issues in human trafficking 
                and establishing integrated methods to combat them; and
                    ``(E) identify research priorities to respond to 
                global patterns and emerging issues.
            ``(3) Consultation.--The database established in accordance 
        with paragraph (2) shall be maintained in consultation

[[Page 122 STAT. 5051]]

        with the Director of the Office to Monitor and Combat 
        Trafficking in Persons of the Department of State.
            ``(4) Authorization of appropriations.--There are authorized 
        to be appropriated $2,000,000 to the Human Smuggling and 
        Trafficking Center for each of the fiscal years 2008 through 
        2011 to carry out the activities described in this 
        subsection.''.

    (b) Report.--Section 110(b)(1) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(E) reporting and analysis on the emergence or 
                shifting of global patterns in human trafficking, 
                including data on the number of victims trafficked to, 
                through, or from major source and destination countries, 
                disaggregated by nationality, gender, and age, to the 
                extent possible; and
                    ``(F) emerging issues in human trafficking.''.
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT 
                        TRAFFICKING IN PERSONS.

    The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.) is amended by inserting after section 112A the following:
``SEC. 112B. <<NOTE: 22 USC 7109b.>>  PRESIDENTIAL AWARD FOR 
                          EXTRAORDINARY EFFORTS TO COMBAT 
                          TRAFFICKING IN PERSONS.

    ``(a) Establishment of Award.--The President is authorized to 
establish an award, to be known as the `Presidential Award for 
Extraordinary Efforts To Combat Trafficking in Persons', for 
extraordinary efforts to combat trafficking in persons. To the maximum 
extent practicable, the Secretary of State shall present the award 
annually to not more than 5 individuals or organizations, including--
            ``(1) individuals who are United States citizens or foreign 
        nationals; and
            ``(2) United States or foreign nongovernmental 
        organizations.

    ``(b) Selection.-- <<NOTE: Procedures.>> The President shall 
establish procedures for selecting recipients of the award authorized 
under subsection (a).

    ``(c) Ceremony.--The Secretary of State shall host an annual 
ceremony for recipients of the award authorized under subsection (a) as 
soon as practicable after the date on which the Secretary submits to 
Congress the report required under section 110(b)(1). The Secretary of 
State may pay the travel costs of each recipient and a guest of each 
recipient who attends the ceremony.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated, for each of the fiscal years 2008 through 2011, such sums 
as may be necessary to carry out this section.''.
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO 
                        MONITOR AND COMBAT FORCED LABOR AND CHILD 
                        LABOR.

    (a) Final Report; Public Availability of List.--Not later than 
January 15, 2010, the Secretary of Labor shall--
            (1) submit to the appropriate congressional committees a 
        final report that--

[[Page 122 STAT. 5052]]

                    (A) describes the implementation of section 105(b) 
                of the Trafficking Victims Protection Reauthorization 
                Act of 2005 (22 U.S.C. 7103(b)); and
                    (B) includes an initial list of goods described in 
                paragraph (2)(C) of such section; and
            (2) make the list of goods described in paragraph (1)(B) 
        available to the public.

    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' has the meaning given 
the term in section 103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102).
SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK 
                        BETWEEN LABOR EXPORTING AND LABOR 
                        IMPORTING COUNTRIES.

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

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

    (a) T Visas.--Section 101(a)(15)(T) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``Security and the Attorney General jointly;'' 
                and inserting ``Security, in consultation with the 
                Attorney General,'';
                    (B) in subclause (I), by striking the comma at the 
                end and inserting a semicolon;
                    (C) in subclause (II), by adding at the end the 
                following: ``including physical presence on account of 
                the alien having been allowed entry into the United 
                States for participation in investigative or judicial 
                processes associated with an act or a perpetrator of 
                trafficking;'';
                    (D) in subclause (III)--
                          (i) in item (aa), by striking ``or'' at the 
                      end;
                          (ii) by redesignating item (bb) as item (cc);
                          (iii) by inserting after item (aa) the 
                      following:
                    ``(bb) in consultation with the Attorney General, as 
                appropriate, is unable to cooperate with a request 
                described in item (aa) due to physical or psychological 
                trauma; or''; and
                          (iv) in item (cc), as redesignated, by 
                      striking ``, and'' at the end and inserting ``; 
                      and''; and
                    (E) in subclause (IV), by adding ``and'' at the end;
            (2) in clause (ii)--

[[Page 122 STAT. 5053]]

                    (A) in subclause (I), by striking ``or'' at the end;
                    (B) in subclause (II), by striking ``and'' at the 
                end and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(III) any parent or unmarried sibling under 18 
                years of age of an alien described in subclause (I) or 
                (II) who the Secretary of Homeland Security, in 
                consultation with the law enforcement officer 
                investigating a severe form of trafficking, determines 
                faces a present danger of retaliation as a result of the 
                alien's escape from the severe form of trafficking or 
                cooperation with law enforcement.''; and
            (3) by striking clause (iii).

    (b) Requirements for T Visa Issuance.--Section 214(o)(7) of the 
Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``subparagraph (A) if a Federal'' 
                and inserting the following: ``subparagraph (A) if--
            ``(i) a Federal'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
            ``(ii) the alien is eligible for relief under section 245(l) 
        and is unable to obtain such relief because regulations have not 
        been issued to implement such section; or
            ``(iii) the Secretary of Homeland Security determines that 
        an extension of the period of such nonimmigrant status is 
        warranted due to exceptional circumstances.''; and
            (2) by adding at the end the following:

    ``(C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment of status 
under section 245(l).''.
    (c) Conditions on Nonimmigrant Status for Certain Crime Victims.--
Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)(6)) is amended by adding at the end the following: ``The 
Secretary of Homeland Security may extend, beyond the 4-year period 
authorized under this section, the authorized period of status of an 
alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary 
determines that an extension of such period is warranted due to 
exceptional circumstances. Such alien's nonimmigrant status shall be 
extended beyond the 4-year period authorized under this section if the 
alien is eligible for relief under section 245(m) and is unable to 
obtain such relief because regulations have not been issued to implement 
such section and shall be extended during the pendency of an application 
for adjustment of status under section 245(m). The Secretary may grant 
work authorization to any alien who has a pending, bona fide application 
for nonimmigrant status under section 101(a)(15)(U).''.
    (d) Adjustment of Status for Trafficking Victims.--Section 245(l) of 
the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the Attorney General,,'' and inserting ``in 
                the opinion of the Secretary of Homeland Security, in 
                consultation with the Attorney General, as 
                appropriate'';
                    (B) in subparagraph (B)--

[[Page 122 STAT. 5054]]

                          (i) by inserting ``subject to paragraph (6),'' 
                      after ``(B)''; and
                          (ii) by striking ``, and'' and inserting ``; 
                      and''; and
                    (C) in subparagraph (C)--
                          (i) in clause (i), by striking ``, or'' and 
                      inserting a semicolon;
                          (ii) in clause (ii), by striking ``, or in the 
                      case of subparagraph (C)(i), the Attorney General, 
                      as appropriate''; and
                          (iii) by striking the period at the end and 
                      inserting the following: ``; or
                          ``(iii) was younger than 18 years of age at 
                      the time of the victimization qualifying the alien 
                      for relief under section 101(a)(15)(T).'';
            (2) in paragraph (3), by striking the period at the end and 
        inserting the following: ``, unless--
            ``(A) the absence was necessary to assist in the 
        investigation or prosecution described in paragraph (1)(A); or
            ``(B) an official involved in the investigation or 
        prosecution certifies that the absence was otherwise 
        justified.''; and
            (3) by adding at the end the following:

    ``(6) <<NOTE: Waiver authority.>>  For purposes of paragraph (1)(B), 
the Secretary of Homeland Security may waive consideration of a 
disqualification from good moral character with respect to an alien if 
the disqualification was caused by, or incident to, the trafficking 
described in section 101(a)(15)(T)(i)(I).

    ``(7) The Secretary of Homeland Security shall permit aliens to 
apply for a waiver of any fees associated with filing an application for 
relief through final adjudication of the adjustment of status for a VAWA 
self-petitioner and for relief under sections 101(a)(15)(T), 
101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in effect on March 31, 
1997).''.
    (e) Adjustment of Status for Crime Victims.--Section 245(m) of the 
Immigration and Nationality Act (8 U.S.C. 1255(m)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``unless the Attorney General'' and inserting 
        ``unless the Secretary''; and
            (2) by adding at the end the following:

    ``(5)(A) The Secretary <<NOTE: Consultation.>> of Homeland Security 
shall consult with the Attorney General, as appropriate, in making a 
determination under paragraph (1) whether affirmative evidence 
demonstrates that the alien unreasonably refused to provide assistance 
to a Federal law enforcement official, Federal prosecutor, Federal 
judge, or other Federal authority investigating or prosecuting criminal 
activity described in section 101(a)(15)(U)(iii).

    ``(B) Nothing in paragraph (1)(B) may be construed to prevent the 
Secretary from consulting with the Attorney General in making a 
determination whether affirmative evidence demonstrates that the alien 
unreasonably refused to provide assistance to a State or local law 
enforcement official, State or local prosecutor, State or local judge, 
or other State or local authority investigating or prosecuting criminal 
activity described in section 101(a)(15)(U)(iii).''.
    (f) <<NOTE: 8 USC 1101 note.>>  Effective Date.--The amendments made 
by this section shall--
            (1) take effect on the date of enactment of the Act; and

[[Page 122 STAT. 5055]]

            (2) <<NOTE: Applicability.>>  apply to applications for 
        immigration benefits filed on or after such date.
SEC. 202. <<NOTE: 8 USC 1375b.>>  PROTECTIONS FOR DOMESTIC WORKERS 
                        AND OTHER NONIMMIGRANTS.

    (a) Information Pamphlet.--
            (1) Development and distribution.--The Secretary of State, 
        in consultation with the Secretary of Homeland Security, the 
        Attorney General, and the Secretary of Labor, shall develop an 
        information pamphlet on legal rights and resources for aliens 
        applying for employment- or education-based nonimmigrant visas.
            (2) Consultation.--In developing the information pamphlet 
        under paragraph (1), the Secretary of State shall consult with 
        nongovernmental organizations with expertise on the legal rights 
        of workers and victims of severe forms of trafficking in 
        persons.

    (b) Contents.--The information pamphlet developed under subsection 
(a) shall include information concerning items such as--
            (1) the nonimmigrant visa application processes, including 
        information about the portability of employment;
            (2) the legal rights of employment or education-based 
        nonimmigrant visa holders under Federal immigration, labor, and 
        employment law;
            (3) the illegality of slavery, peonage, trafficking in 
        persons, sexual assault, extortion, blackmail, and worker 
        exploitation in the United States;
            (4) the legal rights of immigrant victims of trafficking in 
        persons and worker exploitation, including--
                    (A) the right of access to immigrant and labor 
                rights groups;
                    (B) the right to seek redress in United States 
                courts;
                    (C) the right to report abuse without retaliation;
                    (D) the right of the nonimmigrant to relinquish 
                possession of his or her passport to his or her 
                employer;
                    (E) the requirement of an employment contract 
                between the employer and the nonimmigrant; and
                    (F) an explanation of the rights and protections 
                included in the contract described in subparagraph (E); 
                and
            (5) information about nongovernmental organizations that 
        provide services for victims of trafficking in persons and 
        worker exploitation, including--
                    (A) anti-trafficking in persons telephone hotlines 
                operated by the Federal Government;
                    (B) the Operation Rescue and Restore hotline; and
                    (C) a general description of the types of victims 
                services available for individuals subject to 
                trafficking in persons or worker exploitation.

    (c) Translation.--
            (1) In general.--To best serve the language groups having 
        the greatest concentration of employment-based nonimmigrant 
        visas, the Secretary of State shall translate the information 
        pamphlet developed under subsection (a) into all relevant 
        foreign languages, to be determined by the Secretary based on 
        the languages spoken by the greatest concentrations of 
        employment- or education-based nonimmigrant visa applicants.

[[Page 122 STAT. 5056]]

            (2) Revision.-- <<NOTE: Deadline.>> Every 2 years, the 
        Secretary of State, in consultation with the Attorney General 
        and the Secretary of Homeland Security, shall determine the 
        specific languages into which the information pamphlet will be 
        translated based on the languages spoken by the greatest 
        concentrations of employment- or education-based nonimmigrant 
        visa applicants.

    (d) Availability and Distribution.--
            (1) Posting on federal websites.--The information pamphlet 
        developed under subsection (a) shall be posted on the websites 
        of the Department of State, the Department of Homeland Security, 
        the Department of Justice, the Department of Labor, and all 
        United States consular posts processing applications for 
        employment- or education-based nonimmigrant visas.
            (2) Other distribution.--The information pamphlet developed 
        under subsection (a) shall be made available to any--
                    (A) government agency;
                    (B) nongovernmental advocacy organization; or
                    (C) foreign labor broker doing business in the 
                United States.
            (3) Deadline for pamphlet development and distribution.--Not 
        later than 180 days after the date of the enactment of this Act, 
        the Secretary of State shall distribute and make available the 
        information pamphlet developed under subsection (a) in all the 
        languages referred to in subsection (c).

    (e) Responsibilities of Consular Officers of the Department of 
State.--
            (1) Interviews.--A consular officer conducting an interview 
        of an alien for an employment-based nonimmigrant visa shall--
                    (A)(i) confirm that the alien has received, read, 
                and understood the contents of the pamphlet described in 
                subsections (a) and (b); and
                    (ii) if the alien has not received, read, or 
                understood the contents of the pamphlet described in 
                subsections (a) and (b), distribute and orally disclose 
                to the alien the information described in paragraphs (2) 
                and (3) in a language that the alien understands; and
                    (B) offer to answer any questions the alien may have 
                regarding the contents of the pamphlet described in 
                subsections (a) and (b).
            (2) Legal rights.--The consular officer shall disclose to 
        the alien--
                    (A) the legal rights of employment-based 
                nonimmigrants under Federal immigration, labor, and 
                employment laws;
                    (B) the illegality of slavery, peonage, trafficking 
                in persons, sexual assault, extortion, blackmail, and 
                worker exploitation in the United States; and
                    (C) the legal rights of immigrant victims of 
                trafficking in persons, worker exploitation, and other 
                related crimes, including--
                          (i) the right of access to immigrant and labor 
                      rights groups;
                          (ii) the right to seek redress in United 
                      States courts; and
                          (iii) the right to report abuse without 
                      retaliation.
            (3) Victim services.--In carrying out the disclosure 
        requirement under this subsection, the consular officer shall

[[Page 122 STAT. 5057]]

        disclose to the alien the availability of services for victims 
        of human trafficking and worker exploitation in the United 
        States, including victim services complaint hotlines.

    (f) Definitions.--In this section:
            (1) Employment- or education-based nonimmigrant visa.--The 
        term ``employment- or education-based nonimmigrant visa'' 
        means--
                    (A) a nonimmigrant visa issued under subparagraph 
                (A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)); and
                    (B) any nonimmigrant visa issued to a personal or 
                domestic servant who is accompanying or following to 
                join an employer.
            (2) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning given 
        the term in section 103 of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (4) Abusing and exploiting.--The term ``abusing and 
        exploiting'' means any conduct which would constitute a 
        violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of 
        title 18, United States Code.
SEC. 203. <<NOTE: 8 USC 1375c.>>  PROTECTIONS, REMEDIES, AND 
                        LIMITATIONS ON ISSUANCE FOR A-3 AND G-5 
                        VISAS.

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

    (b) Protections and Remedies for A-3 and G-5 Nonimmigrants Employed 
by Diplomats and Staff of International Organizations.--

[[Page 122 STAT. 5058]]

            (1) In general.--The Secretary may not issue or renew an A-3 
        visa or a G-5 visa unless--
                    (A) the visa applicant has executed a contract with 
                the employer or prospective employer containing 
                provisions described in paragraph (2); and
                    (B) a consular officer has conducted a personal 
                interview with the applicant outside the presence of the 
                employer or any recruitment agent in which the officer 
                reviewed the terms of the contract and the provisions of 
                the pamphlet required under section 202.
            (2) Mandatory contract.--The contract between the employer 
        and domestic worker required under paragraph (1) shall include--
                    (A) an agreement by the employer to abide by all 
                Federal, State, and local laws in the United States;
                    (B) information on the frequency and form of 
                payment, work duties, weekly work hours, holidays, sick 
                days, and vacation days; and
                    (C) an agreement by the employer not to withhold the 
                passport, employment contract, or other personal 
                property of the employee.
            (3) Training of consular officers.--The Secretary shall 
        provide appropriate training to consular officers on the fair 
        labor standards described in the pamphlet required under section 
        202, trafficking in persons, and the provisions of this section.
            (4) Record keeping.--
                    (A) In general.--The Secretary shall maintain 
                records on the presence of nonimmigrants holding an A-3 
                visa or a G-5 visa in the United States, including--
                          (i) information about when the nonimmigrant 
                      entered and permanently exited the country of 
                      residence;
                          (ii) the official title, contact information, 
                      and immunity level of the employer; and
                          (iii) information regarding any allegations of 
                      employer abuse received by the Department of 
                      State.

    (c) Protection From Removal During Legal Actions Against Former 
Employers.--
            (1) Remaining in the united states to seek legal redress.--
                    (A) Effect of complaint filing.--Except as provided 
                in subparagraph (B), if a nonimmigrant holding an A-3 
                visa or a G-5 visa working in the United States files a 
                civil action under section 1595 of title 18, United 
                States Code, or a civil action regarding a violation of 
                any of the terms contained in the contract or violation 
                of any other Federal, State, or local law in the United 
                States governing the terms and conditions of employment 
                of the nonimmigrant that are associated with acts 
                covered by such section, the Attorney General and the 
                Secretary of Homeland Security shall permit the 
                nonimmigrant to remain legally in the United States for 
                time sufficient to fully and effectively participate in 
                all legal proceedings related to such action.
                    (B) Exception.--An alien described in subparagraph 
                (A) may be deported before the conclusion of the legal

[[Page 122 STAT. 5059]]

                proceedings related to a civil action described in such 
                subparagraph if such alien is--
                          (i) inadmissible under paragraph 
                      (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), 
                      (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or 
                      (3)(F) of section 212(a) of the Immigration and 
                      Nationality Act (8 U.S.C. 1182(a)); or
                          (ii) deportable under paragraph (2)(A)(ii), 
                      (2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or 
                      (4)(C) of section 237(a) of such Act (8 U.S.C. 
                      1227(a)).
                    (C) Failure to exercise due diligence.--If the 
                Secretary of Homeland Security, after consultation with 
                the Attorney General, determines that the nonimmigrant 
                holding an A-3 visa or a G-5 visa has failed to exercise 
                due diligence in pursuing an action described in 
                subparagraph (A), the Secretary may terminate the status 
                of the A-3 or G-5 nonimmigrant.
            (2) Authorization to work.--The Attorney General and the 
        Secretary of Homeland Security shall authorize any nonimmigrant 
        described in paragraph (1) to engage in employment in the United 
        States during the period the nonimmigrant is in the United 
        States pursuant to paragraph (1).

    (d) Study and Report.--
            (1) Investigation report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, and every 2 years 
                thereafter for the following 10 years, the Secretary 
                shall submit a report to the appropriate congressional 
                committees on the implementation of this section.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                          (i) an assessment of the actions taken by the 
                      Department of State and the Department of Justice 
                      to investigate allegations of trafficking or abuse 
                      of nonimmigrants holding an A-3 visa or a G-5 
                      visa; and
                          (ii) the results of such investigations.
            (2) Feasibility of oversight of employees of diplomats and 
        representatives of other institutions report.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Secretary shall submit a report to the appropriate congressional 
        committees on the feasibility of--
                    (A) establishing a system to monitor the treatment 
                of nonimmigrants holding an A-3 visa or a G-5 visa who 
                have been admitted to the United States;
                    (B) a range of compensation approaches, such as a 
                bond program, compensation fund, or insurance scheme, to 
                ensure that such nonimmigrants receive appropriate 
                compensation if their employers violate the terms of 
                their employment contracts; and
                    (C) with respect to each proposed compensation 
                approach described in subparagraph (B), an evaluation 
                and proposal describing the proposed processes for--
                          (i) adjudicating claims of rights violations;
                          (ii) determining the level of compensation; 
                      and
                          (iii) administering the program, fund, or 
                      scheme.

    (e) Assistance to Law Enforcement Investigations.--The Secretary 
shall cooperate, to the fullest extent possible consistent

[[Page 122 STAT. 5060]]

with the United States obligations under the Vienna Convention on 
Diplomatic Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229), 
with any investigation by United States law enforcement authorities of 
crimes related to abuse or exploitation of a nonimmigrant holding an A-3 
visa or a G-5 visa.
    (f) Definitions.--In this section:
            (1) A-3 visa.--The term ``A-3 visa'' means a nonimmigrant 
        visa issued pursuant to section 101(a)(15)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)).
            (2) G-5 visa.--The term ``G-5 visa'' means a nonimmigrant 
        visa issued pursuant to section 101(a)(15)(G)(v) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (4) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on the Judiciary of the Senate.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS 
                        AND APPLICATIONS FOR RELIEF.

    Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) 
is amended by adding at the end the following:
    ``(d)(1) If the Secretary of Homeland Security determines that an 
application for nonimmigrant status under subparagraph (T) or (U) of 
section 101(a)(15) filed for an alien in the United States sets forth a 
prima facie case for approval, the Secretary may grant the alien an 
administrative stay of a final order of removal under section 241(c)(2) 
until--
            ``(A) the application for nonimmigrant status under such 
        subparagraph (T) or (U) is approved; or
            ``(B) there is a final administrative denial of the 
        application for such nonimmigrant status after the exhaustion of 
        administrative appeals.

    ``(2) The denial of a request for an administrative stay of removal 
under this subsection shall not preclude the alien from applying for a 
stay of removal, deferred action, or a continuance or abeyance of 
removal proceedings under any other provision of the immigration laws of 
the United States.
    ``(3) During any period in which the administrative stay of removal 
is in effect, the alien shall not be removed.
    ``(4) Nothing in this subsection may be construed to limit the 
authority of the Secretary of Homeland Security or the Attorney General 
to grant a stay of removal or deportation in any case not described in 
this subsection.''.
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN 
                        THE UNITED STATES.

    (a) Expansion of Authority.--
            (1) In general.--Section 107(c)(3) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended 
        to read as follows:
            ``(3) Authority to permit continued presence in the united 
        states.--
                    ``(A) Trafficking victims.--

[[Page 122 STAT. 5061]]

                          ``(i) In general.--If a Federal law 
                      enforcement official files an application stating 
                      that an alien is a victim of a severe form of 
                      trafficking and may be a potential witness to such 
                      trafficking, the Secretary of Homeland Security 
                      may permit the alien to remain in the United 
                      States to facilitate the investigation and 
                      prosecution of those responsible for such crime.
                          ``(ii) Safety.--While investigating and 
                      prosecuting suspected traffickers, Federal law 
                      enforcement officials described in clause (i) 
                      shall endeavor to make reasonable efforts to 
                      protect the safety of trafficking victims, 
                      including taking measures to protect trafficked 
                      persons and their family members from 
                      intimidation, threats of reprisals, and reprisals 
                      from traffickers and their associates.
                          ``(iii) Continuation of presence.--The 
                      Secretary shall permit an alien described in 
                      clause (i) who has filed a civil action under 
                      section 1595 of title 18, United States Code, to 
                      remain in the United States until such action is 
                      concluded. If the Secretary, in consultation with 
                      the Attorney General, determines that the alien 
                      has failed to exercise due diligence in pursuing 
                      such action, the Secretary may revoke the order 
                      permitting the alien to remain in the United 
                      States.
                          ``(iv) Exception.--Notwithstanding clause 
                      (iii), an alien described in such clause may be 
                      deported before the conclusion of the 
                      administrative and legal proceedings related to a 
                      complaint described in such clause if such alien 
                      is inadmissible under paragraph (2)(A)(i)(II), 
                      (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), 
                      (3)(A)(iii), (3)(B), or (3)(C) of section 212(a) 
                      of the Immigration and Nationality Act (8 U.S.C. 
                      1182(a)).
                    ``(B) Parole for relatives.--Law enforcement 
                officials may submit written requests to the Secretary 
                of Homeland Security, in accordance with section 
                240A(b)(6) of the Immigration and Nationality Act (8 
                U.S.C. 1229b(b)(6)), to permit the parole into the 
                United States of certain relatives of an alien described 
                in subparagraph (A)(i).
                    ``(C) State and local law enforcement.--The 
                Secretary of Homeland Security, in consultation with the 
                Attorney General, shall--
                          ``(i) develop materials to assist State and 
                      local law enforcement officials in working with 
                      Federal law enforcement to obtain continued 
                      presence for victims of a severe form of 
                      trafficking in cases investigated or prosecuted at 
                      the State or local level; and
                          ``(ii) distribute the materials developed 
                      under clause (i) to State and local law 
                      enforcement officials.''.
            (2) Effective date.-- <<NOTE: 22 USC 7105 note.>> The 
        amendment made by paragraph (1)--
                    (A) shall take effect on the date of the enactment 
                of this Act;
                    (B) <<NOTE: Applicability.>>  shall apply to pending 
                requests for continued presence filed pursuant to 
                section 107(c)(3) of the Trafficking Victims Protection 
                Act (22 U.S.C. 7105(c)(3)) and requests filed on or 
                after such date; and

[[Page 122 STAT. 5062]]

                    (C) may not be applied to an alien who is not 
                present in the United States.

    (b) Parole for Derivatives of Trafficking Victims.--Section 240A(b) 
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended by 
adding at the end the following:
            ``(6) Relatives of trafficking victims.--
                    ``(A) In general.--Upon written request by a law 
                enforcement official, the Secretary of Homeland Security 
                may parole under section 212(d)(5) any alien who is a 
                relative of an alien granted continued presence under 
                section 107(c)(3)(A) of the Trafficking Victims 
                Protection Act (22 U.S.C. 7105(c)(3)(A)), if the 
                relative--
                          ``(i) was, on the date on which law 
                      enforcement applied for such continued presence--
                                    ``(I) in the case of an alien 
                                granted continued presence who is under 
                                21 years of age, the spouse, child, 
                                parent, or unmarried sibling under 18 
                                years of age, of the alien; or
                                    ``(II) in the case of an alien 
                                granted continued presence who is 21 
                                years of age or older, the spouse or 
                                child of the alien; or
                          ``(ii) is a parent or sibling of the alien who 
                      the requesting law enforcement official, in 
                      consultation with the Secretary of Homeland 
                      Security, as appropriate, determines to be in 
                      present danger of retaliation as a result of the 
                      alien's escape from the severe form of trafficking 
                      or cooperation with law enforcement, irrespective 
                      of age.
                    ``(B) Duration of parole.--
                          ``(i) In general.--The Secretary may extend 
                      the parole granted under subparagraph (A) until 
                      the final adjudication of the application filed by 
                      the principal alien under section 
                      101(a)(15)(T)(ii).
                          ``(ii) Other limits on duration.--If an 
                      application described in clause (i) is not filed, 
                      the parole granted under subparagraph (A) may 
                      extend until the later of--
                                    ``(I) the date on which the 
                                principal alien's authority to remain in 
                                the United States under section 
                                107(c)(3)(A) of the Trafficking Victims 
                                Protection Act (22 U.S.C. 7105(c)(3)(A)) 
                                is terminated; or
                                    ``(II) the date on which a civil 
                                action filed by the principal alien 
                                under section 1595 of title 18, United 
                                States Code, is concluded.
                          ``(iii) Due diligence.--Failure by the 
                      principal alien to exercise due diligence in 
                      filing a visa petition on behalf of an alien 
                      described in clause (i) or (ii) of subparagraph 
                      (A), or in pursuing the civil action described in 
                      clause (ii)(II) (as determined by the Secretary of 
                      Homeland Security in consultation with the 
                      Attorney General), may result in revocation of 
                      parole.
                    ``(C) Other limitations.--A relative may not be 
                granted parole under this paragraph if--
                          ``(i) the Secretary of Homeland Security or 
                      the Attorney General has reason to believe that 
                      the relative was knowingly complicit in the 
                      trafficking of

[[Page 122 STAT. 5063]]

                      an alien permitted to remain in the United States 
                      under section 107(c)(3)(A) of the Trafficking 
                      Victims Protection Act (22 U.S.C. 7105(c)(3)(A)); 
                      or
                          ``(ii) the relative is an alien described in 
                      paragraph (2) or (3) of section 212(a) or 
                      paragraph (2) or (4) of section 237(a).''.

             Subtitle B--Assistance for Trafficking Victims

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.

    (a) In General.--Section 431(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is 
amended--
            (1) in paragraph (2)(B), by striking ``or'' at the end;
            (2) in paragraph (3)(B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) an alien who has been granted nonimmigrant status 
        under section 101(a)(15)(T) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application 
        that sets forth a prima facie case for eligibility for such 
        nonimmigrant status.''.

    (b) <<NOTE: Applicability. 8 USC 1641 note.>>  Effective Date.--The 
amendments made by subsection (a) shall apply to applications for public 
benefits and public benefits provided on or after the date of the 
enactment of this Act without regard to whether regulations have been 
implemented to carry out such amendments.
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.

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

[[Page 122 STAT. 5064]]

                          ``(iii) Duration.--Assistance under this 
                      paragraph may be provided to individuals 
                      determined to be eligible under clause (i) for a 
                      period of up to 90 days and may be extended for an 
                      additional 30 days.
                          ``(iv) Long-term assistance for children.--
                                    ``(I) Eligibility determination.--
                                Before the expiration of the period for 
                                interim assistance under clause (iii), 
                                the Secretary of Health and Human 
                                Services shall determine if the child 
                                referred to in clause (i) is eligible 
                                for assistance under this paragraph.
                                    ``(II) Consultation.--In making a 
                                determination under subclause (I), the 
                                Secretary shall consult with the 
                                Attorney General, the Secretary of 
                                Homeland Security, and nongovernmental 
                                organizations with expertise on victims 
                                of severe form of trafficking.
                                    ``(III) Letter of eligibility.--If 
                                the Secretary, after receiving 
                                information the Secretary believes, 
                                taken as a whole, indicates that the 
                                child is eligible for assistance under 
                                this paragraph, the Secretary shall 
                                issue a letter of eligibility. The 
                                Secretary may not require that the child 
                                cooperate with law enforcement as a 
                                condition for receiving such letter of 
                                eligibility.
                    ``(G)  Notification of children for interim 
                assistance.-- <<NOTE: Deadline.>> Not later than 24 
                hours after a Federal, State, or local official 
                discovers that a person who is under 18 years of age may 
                be a victim of a severe form of trafficking in persons, 
                the official shall notify the Secretary of Health and 
                Human Services to facilitate the provision of interim 
                assistance under subparagraph (F).''.

    (b) Training of Government Personnel.--Section 107(c)(4) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is 
amended--
            (1) by inserting ``, the Department of Homeland Security, 
        the Department of Health and Human Services,'' after ``the 
        Department of State''; and
            (2) by inserting ``, including juvenile victims. The 
        Attorney General and the Secretary of Health and Human Services 
        shall provide training to State and local officials to improve 
        the identification and protection of such victims'' before the 
        period at the end.
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN 
                        PERSONS.

    (a) Amendments to Trafficking Victims Protection Act of 2000.--
            (1) Assistance for united states citizens and lawful 
        permanent residents.--Section 107 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting 
        after subsection (e) the following:

    ``(f) Assistance for United States Citizens and Lawful Permanent 
Residents.--
            ``(1) In general.--The Secretary of Health and Human 
        Services and the Attorney General, in consultation with the 
        Secretary of Labor, shall establish a program to assist United

[[Page 122 STAT. 5065]]

        States citizens and aliens lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims of 
        severe forms of trafficking. <<NOTE: Consultation.>>  In 
        determining the assistance that would be most beneficial for 
        such victims, the Secretary and the Attorney General shall 
        consult with nongovernmental organizations that provide services 
        to victims of severe forms of trafficking in the United States.
            ``(2) Use of existing programs.--In addition to specialized 
        services required for victims described in paragraph (1), the 
        program established pursuant to paragraph (1) shall--
                    ``(A) facilitate communication and coordination 
                between the providers of assistance to such victims;
                    ``(B) provide a means to identify such providers; 
                and
                    ``(C) provide a means to make referrals to programs 
                for which such victims are already eligible, including 
                programs administered by the Department of Justice and 
                the Department of Health and Human Services.
            ``(3) Grants.--
                    ``(A) In general.--The Secretary of Health and Human 
                Services and the Attorney General may award grants to 
                States, Indian tribes, units of local government, and 
                nonprofit, nongovernmental victim service organizations 
                to develop, expand, and strengthen victim service 
                programs authorized under this subsection.
                    ``(B) Maximum federal share.--The Federal share of a 
                grant awarded under this paragraph may not exceed 75 
                percent of the total costs of the projects described in 
                the application submitted by the grantee.''.
            (2) Authorization of appropriations.--Section 113 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is 
        amended--
                    (A) in subsection (b)--
                          (i) by striking ``To carry out'' and inserting 
                      the following:
            ``(1) Eligibility for benefits and assistance.--To carry 
        out''; and
                          (ii) by adding at the end the following:
            ``(2) Additional benefits for trafficking victims.--To carry 
        out the purposes of section 107(f), there are authorized to be 
        appropriated to the Secretary of Health and Human Services--
                    ``(A) $2,500,000 for fiscal year 2008;
                    ``(B) $5,000,0000 for fiscal year 2009;
                    ``(C) $7,000,000 for fiscal year 2010; and
                    ``(D) $7,000,000 for fiscal year 2011.''; and
                    (B) in subsection (d)--
                          (i) by striking ``To carry out the purposes of 
                      section 107(b)'' and inserting the following:
                    ``(A) Eligibility for benefits and assistance.--To 
                carry out the purposes of section 107(b)'';
                          (ii) by striking ``To carry out the purposes 
                      of section 134'' and inserting the following:
                    ``(B) Assistance to foreign countries.--To carry out 
                the purposes of section 134''; and
                          (iii) by adding at the end the following:

[[Page 122 STAT. 5066]]

                    ``(C) Additional benefits for trafficking victims.--
                To carry out the purposes of section 107(f), there are 
                authorized to be appropriated to the Attorney General--
                          ``(i) $2,500,000 for fiscal year 2008;
                          ``(ii) $5,000,0000 for fiscal year 2009;
                          ``(iii) $7,000,000 for fiscal year 2010; and
                          ``(iv) $7,000,000 for fiscal year 2011.''.
            (3) Technical assistance.--Section 107(b)(2)(B)(ii) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7105(b)(2)(B)(ii)) is amended to read as follows:
                          ``(ii) 5 percent for training and technical 
                      assistance, including increasing capacity and 
                      expertise on security for and protection of 
                      service providers from intimidation or retaliation 
                      for their activities.''.

    (b) Study.--
            (1) Requirement.-- <<NOTE: Deadline. Reports.>> Not later 
        than 1 year after the date of the enactment of this Act, the 
        Attorney General and the Secretary of Health and Human Services 
        shall submit a report to the appropriate congressional 
        committees that identifies the existence and extent of any 
        service gap between victims described in section 107(b)(1) of 
        the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) 
        and individuals described in section 107(f) of such Act, as 
        amended by section 213(a) of this Act.
            (2) Elements.--In carrying out the study under subparagraph 
        (1), the Attorney General and the Secretary of Health and Human 
        Services shall--
                    (A) investigate factors relating to the legal 
                ability of the victims described in paragraph (1) to 
                access government-funded social services in general, 
                including the application of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1641(c)(5)) and the Illegal Immigration and 
                Immigrant Responsibility Act of 1996 (division C of 
                Public Law 104-208; 110 Stat. 3009 et seq.);
                    (B) investigate any other impediments to the access 
                of the victims described in paragraph (1) to government-
                funded social services;
                    (C) investigate any impediments to the access of the 
                victims described in paragraph (1) to government-funded 
                services targeted to victims of severe forms of 
                trafficking;
                    (D) investigate the effect of trafficking service-
                provider infrastructure development, continuity of care, 
                and availability of caseworkers on the eventual 
                restoration and rehabilitation of the victims described 
                in paragraph (1); and
                    (E) include findings, best practices, and 
                recommendations, if any, based on the study of the 
                elements described in subparagraphs (A) through (D) and 
                any other related information.

[[Page 122 STAT. 5067]]

       Subtitle C--Penalties Against Traffickers and Other Crimes

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

    Chapter 77 of title 18, United States Code, is amended--
            (1) in section 1593(b), by adding at the end the following:

    ``(4) The forfeiture of property under this subsection shall be 
governed by the provisions of section 413 (other than subsection (d) of 
such section) of the Controlled Substances Act (21 U.S.C. 853).''; and
            (2) in section 1595--
                    (A) in subsection (a)--
                          (i) by striking ``of section 1589, 1590, or 
                      1591''; and
                          (ii) by inserting ``(or whoever knowingly 
                      benefits, financially or by receiving anything of 
                      value from participation in a venture which that 
                      person knew or should have known has engaged in an 
                      act in violation of this chapter)'' after 
                      ``perpetrator''; and
                    (B) by adding at the end the following:

    ``(c) <<NOTE: Deadline.>> No action may be maintained under this 
section unless it is commenced not later than 10 years after the cause 
of action arose.''.
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES.

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

    (b) Preventing Obstruction.--
            (1) Enticement into slavery.--Section 1583 of title 18, 
        United States Code, is amended to read as follows:

[[Page 122 STAT. 5068]]

``Sec. 1583. Enticement into slavery

    ``(a) Whoever--
            ``(1) kidnaps or carries away any other person, with the 
        intent that such other person be sold into involuntary 
        servitude, or held as a slave;
            ``(2) entices, persuades, or induces any other person to go 
        on board any vessel or to any other place with the intent that 
        he or she may be made or held as a slave, or sent out of the 
        country to be so made or held; or
            ``(3) obstructs, or attempts to obstruct, or in any way 
        interferes with or prevents the enforcement of this section,

shall be fined under this title, imprisoned not more than 20 years, or 
both.
    ``(b) Whoever violates this section shall be fined under this title, 
imprisoned for any term of years or for life, or both if--
            ``(1) the violation results in the death of the victim; or
            ``(2) the violation includes kidnaping, an attempt to 
        kidnap, aggravated sexual abuse, an attempt to commit aggravated 
        sexual abuse, or an attempt to kill.''.
            (2) Sale into involuntary servitude.--Section 1584 of such 
        title is amended--
                    (A) by striking ``Whoever'' and inserting the 
                following:

    ``(a) Whoever''; and
                    (B) by adding at the end the following:

    ``(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties described in subsection (a).''.
            (3) Punishing financial gain from trafficked labor.--Section 
        1589 of such title is amended to read as follows:
``SEC. 1589. FORCED LABOR.

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

shall be punished as provided under subsection (d).
    ``(b) Whoever knowingly benefits, financially or by receiving 
anything of value, from participation in a venture which has engaged in 
the providing or obtaining of labor or services by any of the means 
described in subsection (a), knowing or in reckless disregard of the 
fact that the venture has engaged in the providing or obtaining of labor 
or services by any of such means, shall be punished as provided in 
subsection (d).
    ``(c) In this section:
            ``(1) The term `abuse or threatened abuse of law or legal 
        process' means the use or threatened use of a law or legal 
        process, whether administrative, civil, or criminal, in any 
        manner or for any purpose for which the law was not designed,

[[Page 122 STAT. 5069]]

        in order to exert pressure on another person to cause that 
        person to take some action or refrain from taking some action.
            ``(2) The term `serious harm' means any harm, whether 
        physical or nonphysical, including psychological, financial, or 
        reputational harm, that is sufficiently serious, under all the 
        surrounding circumstances, to compel a reasonable person of the 
        same background and in the same circumstances to perform or to 
        continue performing labor or services in order to avoid 
        incurring that harm.

    ``(d) Whoever violates this section shall be fined under this title, 
imprisoned not more than 20 years, or both. If death results from a 
violation of this section, or if the violation includes kidnaping, an 
attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the 
defendant shall be fined under this title, imprisoned for any term of 
years or life, or both.''.
            (4) Trafficking.--Section 1590 of such title is amended--
                    (A) by striking ``Whoever'' and inserting the 
                following:

    ``(a) Whoever''; and
                    (B) by adding at the end the following:

    ``(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties under subsection (a).''.
            (5) Sex trafficking of children.--Section 1591 of such title 
        is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``or 
                      obtains'' and inserting ``obtains, or maintains''; 
                      and
                          (ii) in the matter following paragraph (2), by 
                      striking ``that force, fraud, or coercion 
                      described in subsection (c)(2)'' and inserting ``, 
                      or in reckless disregard of the fact, that means 
                      of force, threats of force, fraud, coercion 
                      described in subsection (e)(2), or any combination 
                      of such means'';
                    (B) by redesignating subsection (c) as subsection 
                (e);
                    (C) in subsection (b)(1), by striking ``force, 
                fraud, or coercion'' and inserting ``means of force, 
                threats of force, fraud, or coercion described in 
                subsection (e)(2), or by any combination of such 
                means,'';
                    (D) by inserting after subsection (b) the following:

    ``(c) In a prosecution under subsection (a)(1) in which the 
defendant had a reasonable opportunity to observe the person so 
recruited, enticed, harbored, transported, provided, obtained or 
maintained, the Government need not prove that the defendant knew that 
the person had not attained the age of 18 years.
    ``(d) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
fined under this title, imprisoned for a term not to exceed 20 years, or 
both.'';
                    (E) in subsection (e), as redesignated--
                          (i) by redesignating paragraph (3) as 
                      paragraph (5);
                          (ii) by redesignating paragraph (1) as 
                      paragraph (3);
                          (iii) by inserting before paragraph (2) the 
                      following:
            ``(1) The term `abuse or threatened abuse of law or legal 
        process' means the use or threatened use of a law or legal 
        process, whether administrative, civil, or criminal, in any

[[Page 122 STAT. 5070]]

        manner or for any purpose for which the law was not designed, in 
        order to exert pressure on another person to cause that person 
        to take some action or refrain from taking some action.''; and
                          (iv) by inserting after paragraph (3), as 
                      redesignated, the following:
            ``(4) The term `serious harm' means any harm, whether 
        physical or nonphysical, including psychological, financial, or 
        reputational harm, that is sufficiently serious, under all the 
        surrounding circumstances, to compel a reasonable person of the 
        same background and in the same circumstances to perform or to 
        continue performing commercial sexual activity in order to avoid 
        incurring that harm.''.
            (6) Unlawful conduct.--Section 1592 of such title is amended 
        by adding at the end the following:

    ``(c) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall be 
subject to the penalties described in subsection (a).''.
    (c) Holding Conspirators Accountable.--Section 1594 of title 18, 
United States Code, is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (a) the following:

    ``(b) Whoever conspires with another to violate section 1581, 1583, 
1589, 1590, or 1592 shall be punished in the same manner as a completed 
violation of such section.
    ``(c) Whoever conspires with another to violate section 1591 shall 
be fined under this title, imprisoned for any term of years or for life, 
or both.''.
    (d) Benefitting Financially From Peonage, Slavery, and Trafficking 
in Persons.--
            (1) In general.--Chapter 77 of title 18, United States Code, 
        is amended by inserting after section 1593 the following:
``Sec. 1593A. Benefitting financially from peonage, slavery, and 
                    trafficking in persons

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

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

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

[[Page 122 STAT. 5071]]

``Sec. 1351. Fraud in foreign labor contracting

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

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

    (f) Tightening Immigration Prohibitions.--
            (1) Ground of inadmissibility for trafficking.--Section 
        212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(2)(H)(i)) is amended by striking ``who is listed in a 
        report submitted pursuant to section 111(b) of the Trafficking 
        Victims Protection Act of 2000'' and inserting ``who commits or 
        conspires to commit human trafficking offenses in the United 
        States or outside the United States''.
            (2) Ground of removability.--Section 237(a)(2) of such Act 
        (8 U.S.C. 1227(a)(2)) is amended by adding at the end the 
        following:
                    ``(F) Trafficking.--Any alien described in section 
                212(a)(2)(H) is deportable.''.

    (g) <<NOTE: 28 USC 994 note.>>  Amendment to Sentencing 
Guidelines.--Pursuant to its authority under section 994 of title 28, 
United States Code, the United States Sentencing Commission shall review 
and, if appropriate, amend the sentencing guidelines and policy 
statements applicable to persons convicted of alien harboring to ensure 
conformity with the sentencing guidelines applicable to persons 
convicted of promoting a commercial sex act if--
            (1) the harboring was committed in furtherance of 
        prostitution; and
            (2) the defendant to be sentenced is an organizer, leader, 
        manager, or supervisor of the criminal activity.
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

    (a) In General.--Chapter 77 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking 
                  offenses

    ``(a) In General.--In addition to any domestic or extra-territorial 
jurisdiction otherwise provided by law, the courts of the United States 
have extra-territorial jurisdiction over any offense (or any attempt or 
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 1591 if--
            ``(1) an alleged offender is a national of the United States 
        or an alien lawfully admitted for permanent residence (as those 
        terms are defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)); or
            ``(2) an alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender.

    ``(b) Limitation on Prosecutions of Offenses Prosecuted in Other 
Countries.--No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such

[[Page 122 STAT. 5072]]

offense, except upon the approval of the Attorney General or the Deputy 
Attorney General (or a person acting in either such capacity), which 
function of approval may not be delegated.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 of title 18, United States Code, is amended by adding at the 
end the following:

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

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

    (a) Release and Detention.--Subsections (f)(1)(A) and (g)(1) of 
section 3142 of title 18, United States Code, are amended by striking 
``violence,'' each place such term appears and inserting ``violence, a 
violation of section 1591,''.
    (b) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States 
Code, is amended by inserting ``1591,'' after ``1201,''.
    (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United 
States Code, is amended, by striking ``or chapter 110'' and inserting 
``chapter 110, or section 1591''.
SEC. 225. <<NOTE: 22 USC 7101 note.>>  PROMOTING EFFECTIVE STATE 
                        ENFORCEMENT.

    (a) Relationship Among Federal and State Law.--Nothing in this Act, 
the Trafficking Victims Protection Act of 2000, the Trafficking Victims 
Protection Reauthorization Act of 2003, the Trafficking Victims 
Protection Reauthorization Act of 2005, chapters 77 and 117 of title 18, 
United States Code, or any model law issued by the Department of Justice 
to carry out the purposes of any of the aforementioned statutes--
            (1) may be construed to treat prostitution as a valid form 
        of employment under Federal law; or
            (2) shall preempt, supplant, or limit the effect of any 
        State or Federal criminal law.

    (b) Model State Criminal Provisions.--In addition to any model State 
antitrafficking statutes in effect on the date of the enactment of this 
Act, the Attorney General shall facilitate the promulgation of a model 
State statute that--
            (1) furthers a comprehensive approach to investigation and 
        prosecution through modernization of State and local 
        prostitution and pandering statutes; and
            (2) is based in part on the provisions of the Act of August 
        15, 1935 (49 Stat. 651; D.C. Code 22-2701 et seq.) (relating to 
        prostitution and pandering).

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

         Subtitle D--Activities of the United States Government

SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

    Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(d)(7)) is amended--
            (1) in subparagraph (A)--

[[Page 122 STAT. 5073]]

                    (A) by striking ``section 107(b)'' and inserting 
                ``subsections (b) and (f) of section 107''; and
                    (B) by inserting ``the Attorney General,'' after 
                ``the Secretary of Labor,'';
            (2) in subparagraph (G), by striking ``and'' at the end;
            (3) by redesignating subparagraph (H) as subparagraph (J); 
        and
            (4) by inserting after subparagraph (G) the following:
                    ``(H) activities by the Department of Defense to 
                combat trafficking in persons, including--
                          ``(i) educational efforts for, and 
                      disciplinary actions taken against, members of the 
                      United States Armed Forces;
                          ``(ii) the development of materials used to 
                      train the armed forces of foreign countries; and
                          ``(iii) efforts to ensure that United States 
                      Government contractors and their employees or 
                      United States Government subcontractors and their 
                      employees do not engage in trafficking in persons;
                    ``(I) activities or actions by Federal departments 
                and agencies to enforce--
                          ``(i) section 106(g) and any similar law, 
                      regulation, or policy relating to United States 
                      Government contractors and their employees or 
                      United States Government subcontractors and their 
                      employees that engage in severe forms of 
                      trafficking in persons, the procurement of 
                      commercial sex acts, or the use of forced labor, 
                      including debt bondage;
                          ``(ii) section 307 of the Tariff Act of 1930 
                      (19 U.S.C. 1307; relating to prohibition on 
                      importation of convict-made goods), including any 
                      determinations by the Secretary of Homeland 
                      Security to waive the restrictions of such 
                      section; and
                          ``(iii) prohibitions on the procurement by the 
                      United States Government of items or services 
                      produced by slave labor, consistent with Executive 
                      Order 13107 (December 10, 1998); and''.
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.

    (a) In General.--For each of the fiscal years 2010 through 2012, the 
Inspectors General of the Department of Defense, the Department of 
State, and the United States Agency for International Development shall 
investigate a sample of the contracts described in subsection (b).
    (b) Contracts Described.--
            (1) In general.--The contracts described in subsection (a) 
        are contracts, or subcontracts at any tier, under which there is 
        a heightened risk that a contractor may engage, knowingly or 
        unknowingly, in acts related to trafficking in persons, such 
        as--
                    (A) confiscation of an employee's passport;
                    (B) restriction on an employee's mobility;
                    (C) abrupt or evasive repatriation of an employee;
                    (D) deception of an employee regarding the work 
                destination; or
                    (E) acts otherwise described in section 106(g) of 
                the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7104).

[[Page 122 STAT. 5074]]

            (2) Consultation and information received.--In determining 
        the type of contact that should be investigated pursuant to 
        subsection (a), the Inspectors General shall--
                    (A) consult with the Director of the Office to 
                Combat Trafficking in Persons of the Department of 
                State; and
                    (B) take into account any credible information 
                received regarding report of trafficking in persons.

    (c) Congressional Notification.--
            (1) In general.-- <<NOTE: Deadlines. Reports.>> Not later 
        than January 15, 2009, and annually thereafter through January 
        15, 2011, each Inspector General shall submit a report to the 
        congressional committees listed in paragraph (3)--
                    (A) summarizing the findings of the investigations 
                conducted in the previous year, including any findings 
                regarding trafficking in persons or any improvements 
                needed to prevent trafficking in persons; and
                    (B) in the case of any contractor or subcontractor 
                with regard to which the Inspector General has found 
                substantial evidence of trafficking in persons, report 
                as to--
                          (i) whether or not the case has been referred 
                      for prosecution; and
                          (ii) whether or not the case has been treated 
                      in accordance with section 106(g) of the 
                      Trafficking Victims Protection Act of 2000 (22 
                      U.S.C. 7104) (relating to termination of certain 
                      grants, contracts and cooperative agreements).
            (2) Joint report.--The Inspectors General described in 
        subsection (a) may submit their reports jointly.
            (3) Congressional committees.--The committees list in this 
        paragraph are--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House of 
                Representatives.
SEC. 233. SENIOR POLICY OPERATING GROUP.

    Section 206 of the Trafficking Victims Protection Reauthorization 
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the 
department or agency determines appropriate,''.
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

    Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer'' and 
inserting ``consular officer, the Secretary of Homeland Security, the 
Secretary of State,''.
SEC. 235. <<NOTE: 8 USC 1232.>>  ENHANCING EFFORTS TO COMBAT THE 
                        TRAFFICKING OF CHILDREN.

    (a) Combating Child Trafficking at the Border and Ports of Entry of 
the United States.--
            (1) Policies and procedures.--In order to enhance the 
        efforts of the United States to prevent trafficking in persons, 
        the Secretary of Homeland Security, in conjunction with the 
        Secretary of State, the Attorney General, and the Secretary of 
        Health and Human Services, shall develop policies and procedures 
        to ensure that unaccompanied alien children in the

[[Page 122 STAT. 5075]]

        United States are safely repatriated to their country of 
        nationality or of last habitual residence.
            (2) Special rules for children from contiguous countries.--
                    (A) Determinations.--Any unaccompanied alien child 
                who is a national or habitual resident of a country that 
                is contiguous with the United States shall be treated in 
                accordance with subparagraph (B), if the Secretary of 
                Homeland Security determines, on a case-by-case basis, 
                that--
                          (i) such child has not been a victim of a 
                      severe form of trafficking in persons, and there 
                      is no credible evidence that such child is at risk 
                      of being trafficked upon return to the child's 
                      country of nationality or of last habitual 
                      residence;
                          (ii) such child does not have a fear of 
                      returning to the child's country of nationality or 
                      of last habitual residence owing to a credible 
                      fear of persecution; and
                          (iii) the child is able to make an independent 
                      decision to withdraw the child's application for 
                      admission to the United States.
                    (B) Return.--An immigration officer who finds an 
                unaccompanied alien child described in subparagraph (A) 
                at a land border or port of entry of the United States 
                and determines that such child is inadmissible under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
                may--
                          (i) permit such child to withdraw the child's 
                      application for admission pursuant to section 
                      235(a)(4) of the Immigration and Nationality Act 
                      (8 U.S.C. 1225(a)(4)); and
                          (ii) return such child to the child's country 
                      of nationality or country of last habitual 
                      residence.
                    (C) Contiguous country agreements.--The Secretary of 
                State shall negotiate agreements between the United 
                States and countries contiguous to the United States 
                with respect to the repatriation of children. Such 
                agreements shall be designed to protect children from 
                severe forms of trafficking in persons, and shall, at a 
                minimum, provide that--
                          (i) no child shall be returned to the child's 
                      country of nationality or of last habitual 
                      residence unless returned to appropriate employees 
                      or officials, including child welfare officials 
                      where available, of the accepting country's 
                      government;
                          (ii) no child shall be returned to the child's 
                      country of nationality or of last habitual 
                      residence outside of reasonable business hours; 
                      and
                          (iii) border personnel of the countries that 
                      are parties to such agreements are trained in the 
                      terms of such agreements.
            (3) Rule for other children.--The custody of unaccompanied 
        alien children not described in paragraph (2)(A) who are 
        apprehended at the border of the United States or at a United 
        States port of entry shall be treated in accordance with 
        subsection (b).

[[Page 122 STAT. 5076]]

            (4) Screening.-- <<NOTE: Deadline.>> Within 48 hours of the 
        apprehension of a child who is believed to be described in 
        paragraph (2)(A), but in any event prior to returning such child 
        to the child's country of nationality or of last habitual 
        residence, the child shall be screened to determine whether the 
        child meets the criteria listed in paragraph (2)(A). If the 
        child does not meet such criteria, or if no determination can be 
        made within 48 hours of apprehension, the child shall 
        immediately be transferred to the Secretary of Health and Human 
        Services and treated in accordance with subsection (b). Nothing 
        in this paragraph may be construed to preclude an earlier 
        transfer of the child.
            (5) Ensuring the safe repatriation of children.--
                    (A) Repatriation pilot program.--To protect children 
                from trafficking and exploitation, the Secretary of 
                State shall create a pilot program, in conjunction with 
                the Secretary of Health and Human Services and the 
                Secretary of Homeland Security, nongovernmental 
                organizations, and other national and international 
                agencies and experts, to develop and implement best 
                practices to ensure the safe and sustainable 
                repatriation and reintegration of unaccompanied alien 
                children into their country of nationality or of last 
                habitual residence, including placement with their 
                families, legal guardians, or other sponsoring agencies.
                    (B) Assessment of country conditions.-- 
                <<NOTE: Consultation.>> The Secretary of Homeland 
                Security shall consult the Department of State's Country 
                Reports on Human Rights Practices and the Trafficking in 
                Persons Report in assessing whether to repatriate an 
                unaccompanied alien child to a particular country.
                    (C) Report on repatriation of unaccompanied alien 
                children.--Not later than 18 months after the date of 
                the enactment of this Act, and annually thereafter, the 
                Secretary of State and the Secretary of Health and Human 
                Services, with assistance from the Secretary of Homeland 
                Security, shall submit a report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on efforts to 
                improve repatriation programs for unaccompanied alien 
                children. Such report shall include--
                          (i) the number of unaccompanied alien children 
                      ordered removed and the number of such children 
                      actually removed from the United States;
                          (ii) a statement of the nationalities, ages, 
                      and gender of such children;
                          (iii) a description of the policies and 
                      procedures used to effect the removal of such 
                      children from the United States and the steps 
                      taken to ensure that such children were safely and 
                      humanely repatriated to their country of 
                      nationality or of last habitual residence, 
                      including a description of the repatriation pilot 
                      program created pursuant to subparagraph (A);
                          (iv) a description of the type of immigration 
                      relief sought and denied to such children;
                          (v) any information gathered in assessments of 
                      country and local conditions pursuant to paragraph 
                      (2); and

[[Page 122 STAT. 5077]]

                          (vi) statistical information and other data on 
                      unaccompanied alien children as provided for in 
                      section 462(b)(1)(J) of the Homeland Security Act 
                      of 2002 (6 U.S.C. 279(b)(1)(J)).
                    (D) Placement in removal proceedings.--Any 
                unaccompanied alien child sought to be removed by the 
                Department of Homeland Security, except for an 
                unaccompanied alien child from a contiguous country 
                subject to exceptions under subsection (a)(2), shall 
                be--
                          (i) placed in removal proceedings under 
                      section 240 of the Immigration and Nationality Act 
                      (8 U.S.C. 1229a);
                          (ii) eligible for relief under section 240B of 
                      such Act (8 U.S.C. 1229c) at no cost to the child; 
                      and
                          (iii) provided access to counsel in accordance 
                      with subsection (c)(5).

    (b) Combating Child Trafficking and Exploitation in the United 
States.--
            (1) Care and custody of unaccompanied alien children.--
        Consistent with section 462 of the Homeland Security Act of 2002 
        (6 U.S.C. 279), and except as otherwise provided under 
        subsection (a), the care and custody of all unaccompanied alien 
        children, including responsibility for their detention, where 
        appropriate, shall be the responsibility of the Secretary of 
        Health and Human Services.
            (2) Notification.-- <<NOTE: Deadline.>> 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.-- 
        <<NOTE: Deadline.>> Except in the case of exceptional 
        circumstances, any department or agency of the Federal 
        Government that has an unaccompanied alien child in custody 
        shall transfer the custody of such child to the Secretary of 
        Health and Human Services not later than 72 hours after 
        determining that such child is an unaccompanied alien child.
            (4) Age determinations.-- <<NOTE: 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 take into account 
        multiple forms of evidence, including the non-exclusive use of 
        radiographs, to determine the age of the unaccompanied alien.

    (c) Providing Safe and Secure Placements for Children.--
            (1) Policies and programs.--The Secretary of Health and 
        Human Services, Secretary of Homeland Security, Attorney 
        General, and Secretary of State shall establish policies and 
        programs to ensure that unaccompanied alien children in the 
        United States are protected from traffickers and other persons 
        seeking to victimize or otherwise engage such children in 
        criminal, harmful, or exploitative activity, including policies

[[Page 122 STAT. 5078]]

        and programs reflecting best practices in witness security 
        programs.
            (2) Safe and secure placements.--Subject to section 
        462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(b)(2)), an unaccompanied alien child in the custody of the 
        Secretary of Health and Human Services shall be promptly placed 
        in the least restrictive setting that is in the best interest of 
        the child. In making such placements, the Secretary may consider 
        danger to self, danger to the community, and risk of flight. 
        Placement of child trafficking victims may include placement in 
        an Unaccompanied Refugee Minor program, pursuant to section 
        412(d) of the Immigration and Nationality Act (8 U.S.C. 
        1522(d)), if a suitable family member is not available to 
        provide care. A child shall not be placed in a secure facility 
        absent a determination that the child poses a danger to self or 
        others or has been charged with having committed a criminal 
        offense. <<NOTE: Review.>>  The placement of a child in a secure 
        facility shall be reviewed, at a minimum, on a monthly basis, in 
        accordance with procedures prescribed by the Secretary, to 
        determine if such placement remains warranted.
            (3) Safety and suitability assessments.--
                    (A) In general.--Subject to the requirements of 
                subparagraph (B), an unaccompanied alien child may not 
                be placed with a person or entity unless the Secretary 
                of Health and Human Services makes a determination that 
                the proposed custodian is capable of providing for the 
                child's physical and mental well-being. Such 
                determination shall, at a minimum, include verification 
                of the custodian's identity and relationship to the 
                child, if any, as well as an independent finding that 
                the individual has not engaged in any activity that 
                would indicate a potential risk to the child.
                    (B) Home studies.--Before placing the child with an 
                individual, the Secretary of Health and Human Services 
                shall determine whether a home study is first necessary. 
                A home study shall be conducted for a child who is a 
                victim of a severe form of trafficking in persons, a 
                special needs child with a disability (as defined in 
                section 3 of the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12102(2))), a child who has been a victim of 
                physical or sexual abuse under circumstances that 
                indicate that the child's health or welfare has been 
                significantly harmed or threatened, or a child whose 
                proposed sponsor clearly presents a risk of abuse, 
                maltreatment, exploitation, or trafficking to the child 
                based on all available objective evidence. The Secretary 
                of Health and Human Services shall conduct follow-up 
                services, during the pendency of removal proceedings, on 
                children for whom a home study was conducted and is 
                authorized to conduct follow-up services in cases 
                involving children with mental health or other needs who 
                could benefit from ongoing assistance from a social 
                welfare agency.
                    (C) Access to information.-- <<NOTE: Deadline.>> Not 
                later than 2 weeks after receiving a request from the 
                Secretary of Health and Human Services, the Secretary of 
                Homeland Security shall provide information necessary to 
                conduct suitability

[[Page 122 STAT. 5079]]

                assessments from appropriate Federal, State, and local 
                law enforcement and immigration databases.
            (4) Legal orientation presentations.--The Secretary of 
        Health and Human Services shall cooperate with the Executive 
        Office for Immigration Review to ensure that custodians receive 
        legal orientation presentations provided through the Legal 
        Orientation Program administered by the Executive Office for 
        Immigration Review. At a minimum, such presentations shall 
        address the custodian's responsibility to attempt to ensure the 
        child's appearance at all immigration proceedings and to protect 
        the child from mistreatment, exploitation, and trafficking.
            (5) Access to counsel.--The Secretary of Health and Human 
        Services shall ensure, to the greatest extent practicable and 
        consistent with section 292 of the Immigration and Nationality 
        Act (8 U.S.C. 1362), that all unaccompanied alien children who 
        are or have been in the custody of the Secretary or the 
        Secretary of Homeland Security, and who are not described in 
        subsection (a)(2)(A), have counsel to represent them in legal 
        proceedings or matters and protect them from mistreatment, 
        exploitation, and trafficking. To the greatest extent 
        practicable, the Secretary of Health and Human Services shall 
        make every effort to utilize the services of pro bono counsel 
        who agree to provide representation to such children without 
        charge.
            (6) Child advocates.--The Secretary of Health and Human 
        Services is authorized to appoint independent child advocates 
        for child trafficking victims and other vulnerable unaccompanied 
        alien children. A child advocate shall be provided access to 
        materials necessary to effectively advocate for the best 
        interest of the child. The child advocate shall not be compelled 
        to testify or provide evidence in any proceeding concerning any 
        information or opinion received from the child in the course of 
        serving as a child advocate. The child advocate shall be 
        presumed to be acting in good faith and be immune from civil and 
        criminal liability for lawful conduct of duties as described in 
        this provision.

    (d) Permanent Protection for Certain At-Risk Children.--
            (1) In general.--Section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
                    (A) in clause (i), by striking ``State and who has 
                been deemed eligible by that court for long-term foster 
                care due to abuse, neglect, or abandonment;'' and 
                inserting ``State, or an individual or entity appointed 
                by a State or juvenile court located in the United 
                States, and whose reunification with 1 or both of the 
                immigrant's parents is not viable due to abuse, neglect, 
                abandonment, or a similar basis found under State 
                law;''; and
                    (B) in clause (iii)--
                          (i) in the matter preceding subclause (I), by 
                      striking ``the Attorney General expressly consents 
                      to the dependency order serving as a precondition 
                      to the grant of special immigrant juvenile 
                      status;'' and inserting ``the Secretary of 
                      Homeland Security consents to the grant of special 
                      immigrant juvenile status,''; and
                          (ii) in subclause (I), by striking ``in the 
                      actual or constructive custody of the Attorney 
                      General unless

[[Page 122 STAT. 5080]]

                      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.-- <<NOTE: Deadline.>> All 
        applications for special immigrant status under section 
        101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(27)(J)) shall be adjudicated by the Secretary of 
        Homeland Security not later than 180 days after the date on 
        which the application is filed.
            (3) Adjustment of status.--Section 245(h)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
        amended to read as follows:
                    ``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
                (6)(D), (7)(A), and (9)(B) of section 212(a) shall not 
                apply; and''.
            (4) Eligibility for assistance.--
                    (A) In general.--A child who has been granted 
                special immigrant status under section 101(a)(27)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)) and who was either in the custody of the 
                Secretary of Health and Human Services at the time a 
                dependency order was granted for such child or who was 
                receiving services pursuant to section 501(a) of the 
                Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 
                note) at the time such dependency order was granted, 
                shall be eligible for placement and services under 
                section 412(d) of the Immigration and Nationality Act (8 
                U.S.C. 1522(d)) until the earlier of--
                          (i) the date on which the child reaches the 
                      age designated in section 412(d)(2)(B) of the 
                      Immigration and Nationality Act (8 U.S.C. 
                      1522(d)(2)(B)); or
                          (ii) the date on which the child is placed in 
                      a permanent adoptive home.
                    (B) State reimbursement.--Subject to the 
                availability of appropriations, if State foster care 
                funds are expended on behalf of a child who is not 
                described in subparagraph (A) and has been granted 
                special immigrant status under section 101(a)(27)(J) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)), the Federal Government shall reimburse 
                the State in which the child resides for such 
                expenditures by the State.
            (5) State courts acting in loco parentis.--A department or 
        agency of a State, or an individual or entity appointed by a 
        State court or juvenile court located in the United States, 
        acting in loco parentis, shall not be considered a legal 
        guardian for purposes of this section or section 462 of the 
        Homeland Security Act of 2002 (6 U.S.C. 279).
            (6) Transition rule.--Notwithstanding any other provision of 
        law, an alien described in section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
        amended by paragraph (1), may not be denied special immigrant 
        status under such section after the date of the enactment of 
        this Act based on age if the alien was a child on the date on 
        which the alien applied for such status.
            (7) Access to asylum protections.--Section 208 of the 
        Immigration and Nationality Act (8 U.S.C. 1158) is amended--

[[Page 122 STAT. 5081]]

                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child (as 
                defined in section 462(g) of the Homeland Security Act 
                of 2002 (6 U.S.C. 279(g))).''; and
                    (B) in subsection (b)(3), by adding at the end the 
                following:
                    ``(C) Initial jurisdiction.--An asylum officer (as 
                defined in section 235(b)(1)(E)) shall have initial 
                jurisdiction over any asylum application filed by an 
                unaccompanied alien child (as defined in section 462(g) 
                of the Homeland Security Act of 2002 (6 U.S.C. 279(g))), 
                regardless of whether filed in accordance with this 
                section or section 235(b).''.
            (8) Specialized needs of unaccompanied alien children.--
        Applications for asylum and other forms of relief from removal 
        in which an unaccompanied alien child is the principal applicant 
        shall be governed by regulations which take into account the 
        specialized needs of unaccompanied alien children and which 
        address both procedural and substantive aspects of handling 
        unaccompanied alien children's cases.

    (e) Training.--The Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services, and the Attorney 
General shall provide specialized training to all Federal personnel, and 
upon request, state and local personnel, who have substantive contact 
with unaccompanied alien children. Such personnel shall be trained to 
work with unaccompanied alien children, including identifying children 
who are victims of severe forms of trafficking in persons, and children 
for whom asylum or special immigrant relief may be appropriate, 
including children described in subsection (a)(2).
    (f) Amendments to the Homeland Security Act of 2002.--
            (1) Additional responsibilities.--Section 462(b)(1)(L) of 
        the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is 
        amended by striking the period at the end and inserting ``, 
        including regular follow-up visits to such facilities, 
        placements, and other entities, to assess the continued 
        suitability of such placements.''.
            (2) Technical corrections.--Section 462(b) of such Act (6 
        U.S.C. 279(b)) is further amended--
                    (A) in paragraph (3), by striking ``paragraph 
                (1)(G),'' and inserting ``paragraph (1),''; and
                    (B) by adding at the end the following:
            ``(4) Rule of construction.--Nothing in paragraph (2)(B) may 
        be construed to require that a bond be posted for an 
        unaccompanied alien child who is released to a qualified 
        sponsor.''.

    (g) Definition of Unaccompanied Alien Child.--For purposes of this 
section, the term ``unaccompanied alien child'' has the meaning given 
such term in section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)).
    (h) Effective Date.--This section--
            (1) shall take effect on the date that is 90 days after the 
        date of the enactment of this Act; and
            (2) <<NOTE: Applicability.>>  shall also apply to all aliens 
        in the United States in pending proceedings before the 
        Department of Homeland

[[Page 122 STAT. 5082]]

        Security or the Executive Office for Immigration Review, or 
        related administrative or Federal appeals, on the date of the 
        enactment of this Act.

    (i) Grants and Contracts.--The Secretary of Health and Human 
Services may award grants to, and enter into contracts with, voluntary 
agencies to carry out this section and section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279).
SEC. 236. <<NOTE: 22 USC 212a.>>  RESTRICTION OF PASSPORTS FOR SEX 
                        TOURISM.

    (a) In General.-- <<NOTE: Notification.>> Following any conviction 
of an individual for a violation of section 2423 of title 18, United 
States Code, the Attorney General shall notify in a timely manner--
            (1) the Secretary of State for appropriate action under 
        subsection (b); and
            (2) the Secretary of Homeland Security for appropriate 
        action under the Immigration and Nationality Act.

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

[[Page 122 STAT. 5083]]

SEC. 237. ADDITIONAL REPORTING ON CRIME.

    (a) <<NOTE: 28 USC 534 note.>> Trafficking Offense Classification.--
The Director of the Federal Bureau of Investigation shall--
            (1) classify the offense of human trafficking as a Part I 
        crime in the Uniform Crime Reports;
            (2) to the extent feasible, establish subcategories for 
        State sex crimes that involve--
                    (A) a person who is younger than 18 years of age;
                    (B) the use of force, fraud or coercion; or
                    (C) neither of the elements described in 
                subparagraphs (A) and (B); and
            (3) classify the offense of human trafficking as a Group A 
        offense for purpose of the National Incident-Based Reporting 
        System.

    (b) <<NOTE: Revision. 28 USC 534 note.>> Additional Information.--
The Director of the Federal Bureau of Investigation shall revise the 
Uniform Crime Reporting System and the National Incident-Based Reporting 
System to distinguish between reports of--
            (1) incidents of assisting or promoting prostitution, which 
        shall include crimes committed by persons who--
                    (A) do not directly engage in commercial sex acts; 
                and
                    (B) direct, manage, or profit from such acts, such 
                as State pimping and pandering crimes;
            (2) incidents of purchasing prostitution, which shall 
        include crimes committed by persons who purchase or attempt to 
        purchase or trade anything of value for commercial sex acts; and
            (3) incidents of prostitution, which shall include crimes 
        committed by persons providing or attempting to provide 
        commercial sex acts.

    (c) Reports and Studies.--
            (1) Reports.--Not later than February 1, 2010, the Attorney 
        General shall submit to the Committee on Foreign Affairs and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate reports on the following:
                    (A) Activities or actions, in fiscal years 2001 
                through 2009, by Federal departments and agencies to 
                enforce the offenses set forth in chapter 117 of title 
                18, United States Code, including information regarding 
                the number of prosecutions, the number of convictions, 
                an identification of multiple-defendant cases and the 
                results thereof, and, for fiscal years 2008 and 2009, 
                the number of prosecutions, the number of convictions, 
                and an identification of multiple-defendant case and the 
                results thereof, the use of expanded statutes of 
                limitation and other tools to prosecute crimes against 
                children who reached the age of eighteen years since the 
                time the crime was committed.
                    (B) The interaction, in Federal human trafficking 
                prosecutions in fiscal years 2001 through 2010, of 
                Federal restitution provisions with those provisions of 
                law allowing restoration and remission of criminally and 
                civilly forfeited property, including the distribution 
                of proceeds among multiple victims.
                    (C) Activities or actions, in fiscal years 2001 
                through 2010, to enforce the offenses set forth in 
                chapters 95 and

[[Page 122 STAT. 5084]]

                96 of title 18, United States Code, in cases involving 
                human trafficking, sex trafficking, or prostitution 
                offenses.
                    (D) Activities or actions, in fiscal years 2008 and 
                2009, by Federal departments and agencies to enforce the 
                offenses set forth in the Act of August 15, 1935 (49 
                Stat. 651; D.C. Code 22-2701 et seq.) (relating to 
                prostitution and pandering), including information 
                regarding the number of prosecutions, the number of 
                convictions, and an identification of multiple-defendant 
                cases and the results thereof.
            (2) Studies.--Subject to availability of appropriations, the 
        head of the National Institute of Justice shall conduct--
                    (A) a comprehensive study to examine the use of 
                Internet-based businesses and services by criminal 
                actors in the sex industry, and to disseminate best 
                practices for investigation and prosecution of 
                trafficking and prostitution offenses involving the 
                Internet; and
                    (B) a comprehensive study to examine the application 
                of State human trafficking statutes, including such 
                statutes based on the model law developed by the 
                Department of Justice, cases prosecuted thereunder, and 
                the impact, if any, on enforcement of other State 
                criminal statutes.
            (3) Studies previously required by law.-- 
        <<NOTE: Deadline. Reports.>> Not later than 90 days after the 
        date of the enactment of this Act, the Attorney General shall 
        report to the Committee on Foreign Affairs and the Committee on 
        the Judiciary of the House of Representatives and the Committee 
        on Foreign Relations and the Committee on the Judiciary of the 
        Senate on the status of the studies required by paragraph (B)(i) 
        and (ii) of section 201(a)(1) of the Trafficking Victims 
        Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)(1)) 
        and indicate the projected date when such studies will be 
        completed.
SEC. 238. PROCESSING OF CERTAIN VISAS.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committee on Foreign Affairs and the Committee on the Judiciary of the 
House of Representatives and the Committee on Foreign Relations and the 
Committee on the Judiciary of the Senate a report on the operations of 
the specially-trained Violence Against Women Act Unit at the Citizenship 
and Immigration Service's Vermont Service Center.
    (b) Elements.--The report required by subsection (a) shall include 
the following elements:
            (1) Detailed information about the funds expended to support 
        the work of the Violence Against Women Act Unit at the Vermont 
        Service Center.
            (2) A description of training for adjudicators, victim 
        witness liaison officers, managers, and others working in the 
        Violence Against Women Act Unit, including general training and 
        training on confidentiality issues.
            (3) Measures taken to ensure the retention of specially-
        trained staff within the Violence Against Women Act Unit.
            (4) Measures taken to ensure the creation and retention of a 
        core of supervisory staff within the Violence Against Women Act 
        Unit and the Vermont Service Center with responsibility over 
        resource allocation, policy, program development,

[[Page 122 STAT. 5085]]

        training and other substantive or operational issues affecting 
        the Unit, who have historical knowledge and experience with the 
        Trafficking Victims Protection Act of 2000, the Violence Against 
        Women Act of 1994, Violence Against Women Act of 1994 
        confidentiality, and the specialized policies and procedures of 
        the Department of Homeland Security and its predecessor agencies 
        in such cases.
            (5) Measures taken to ensure routine consultation between 
        the Violence Against Women Act Unit, U.S. Citizenship and 
        Immigration Services Headquarters, and the Office of Policy and 
        Strategy during the development of any Department of Homeland 
        Security regulations or policies that impact Violence Against 
        Women Act of 1994 confidentiality-protected victims and their 
        derivative family members.
            (6) Information on any circumstances in which victim-based 
        immigration applications have been adjudicated by entities other 
        than the Violence Against Women Act Unit at the Vermont Service 
        Center, including reasons for such action and what steps, if 
        any, were taken to ensure that such applications were handled by 
        trained personnel and what steps were taken to comply with the 
        confidentiality provisions of the Violence Against Women Act of 
        1994.
            (7) Information on the time in which it takes to adjudicate 
        victim-based immigration applications, including the issuance of 
        visas, work authorization and deferred action in a timely manner 
        consistent with the safe and competent processing of such 
        applications, and steps taken to improve in this area.
SEC. 239. <<NOTE: 8 USC 1351 note.>>  TEMPORARY INCREASE IN FEE 
                        FOR CERTAIN CONSULAR SERVICES.

    (a) Increase in Fee.-- <<NOTE: Deadline.>> Notwithstanding any other 
provision of law, not later than October 1, 2009, the Secretary of State 
shall increase by $1 the fee or surcharge assessed under section 140(a) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 8 U.S.C. 1351 note) for processing machine-readable 
nonimmigrant visas and machine-readable combined border crossing 
identification cards and nonimmigrant visas.

    (b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 8 U.S.C. 1351 note), the additional amount collected 
pursuant the fee increase under subsection (a) shall be deposited in the 
Treasury.
    (c) Duration of Increase.-- <<NOTE: Termination date.>> The fee 
increase authorized under subsection (a) shall terminate on the date 
that is 3 years after the first date on which such increased fee is 
collected.

               TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

    Section 113 of the Trafficking Victims Protection Act of 2000, as 
amended by section 213(a)(2), <<NOTE: 22 USC 7110.>>  is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                          (i) by striking ``section 104, and''; and

[[Page 122 STAT. 5086]]

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

[[Page 122 STAT. 5087]]

            (7) in subsection (h), by striking ``fiscal year 2006'' and 
        inserting ``each of the fiscal years 2008 through 2011''; and
            (8) in subsection (i), by striking ``2006 and 2007'' and 
        inserting ``2008 through 2011''.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 
                        2005.

    The Trafficking Victims Protection Reauthorization Act of 2005 
(Public Law 109-164) is amended--
            (1) in section 102(b)(7), <<NOTE: 22 USC 7105 note.>>  by 
        striking ``2006 and 2007'' and inserting ``2008 through 2011'';
            (2) in section 201(c)-- <<NOTE: 42 USC 14044.>> 
                    (A) in paragraph (1), by striking ``$2,500,000 for 
                each of the fiscal years 2006 and 2007'' each place it 
                appears and inserting ``$1,500,000 for each of the 
                fiscal years 2008 through 2011''; and
                    (B) in paragraph (2), by striking ``2006 and 2007'' 
                and inserting ``2008 through 2011'';
            (3) in section 202(d), <<NOTE: 42 USC 14044a.>>  by striking 
        ``$10,000,000 for each of the fiscal years 2006 and 2007'' and 
        inserting ``$8,000,000 for each of the fiscal years 2008 through 
        2011'';
            (4) in section 203(g), <<NOTE: 42 USC 14044b.>>  by striking 
        ``2006 and 2007'' and inserting ``2008 through 2011''; and
            (5) in section 204(d), <<NOTE: 42 USC 14044c.>>  by striking 
        ``$25,000,000 for each of the fiscal years 2006 and 2007'' and 
        inserting ``$20,000,000 for each of the fiscal years 2008 
        through 2011''.
SEC. 303. <<NOTE: 22 USC 7110 note.>>  RULE OF CONSTRUCTION.

    The amendments made by sections 301 and 302 may not be construed to 
affect the availability of funds appropriated pursuant to the 
authorizations of appropriations under the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7101 
et seq.) and the Trafficking Victims Protection Reauthorization Act of 
2005 (Public Law 109-164) before the date of the enactment of this Act.
SEC. 304. TECHNICAL AMENDMENTS.

    (a) Trafficking Victims Protection Act of 2000.--Sections 103(1) and 
105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(1) and 7103(d)(7)) are each amended by striking ``Committee on 
International Relations'' each place it appears and inserting 
``Committee on Foreign Affairs''.
    (b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section 
104 <<NOTE: 22 USC 7109a, 7111.>>  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-- <<NOTE: Child Soldiers Prevention Act of 2008.>> CHILD 
SOLDIERS PREVENTION
SEC. 401. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

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

[[Page 122 STAT. 5088]]

SEC. 402. <<NOTE: 22 USC 2370c.>>  DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House of 
                Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Child soldier.--Consistent with the provisions of the 
        Optional Protocol to the Convention of the Rights of the Child, 
        the term ``child soldier''--
                    (A) means--
                          (i) any person under 18 years of age who takes 
                      a direct part in hostilities as a member of 
                      governmental armed forces;
                          (ii) any person under 18 years of age who has 
                      been compulsorily recruited into governmental 
                      armed forces;
                          (iii) any person under 15 years of age who has 
                      been voluntarily recruited into governmental armed 
                      forces; or
                          (iv) any person under 18 years of age who has 
                      been recruited or used in hostilities by armed 
                      forces distinct from the armed forces of a state; 
                      and
                    (B) includes any person described in clauses (ii), 
                (iii), or (iv) of subparagraph (A) who is serving in any 
                capacity, including in a support role such as a cook, 
                porter, messenger, medic, guard, or sex slave.
SEC. 403. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States Government should condemn the 
        conscription, forced recruitment, or use of children by 
        governments, paramilitaries, or other organizations;
            (2) the United States Government should support and, to the 
        extent practicable, lead efforts to establish and uphold 
        international standards designed to end the abuse of human 
        rights described in paragraph (1);
            (3) the United States Government should expand ongoing 
        services to rehabilitate recovered child soldiers and to 
        reintegrate such children back into their respective communities 
        by--
                    (A) offering ongoing psychological services to help 
                such children--
                          (i) to recover from the trauma suffered during 
                      their forced military involvement;
                          (ii) to relearn how to interact with others in 
                      nonviolent ways so that such children are no 
                      longer a danger to their respective communities; 
                      and
                          (iii) by taking into consideration the needs 
                      of girl soldiers, who may be at risk of exclusion 
                      from disarmament, demobilization, and 
                      reintegration programs;
                    (B) facilitating reconciliation with such 
                communities through negotiations with traditional 
                leaders and elders

[[Page 122 STAT. 5089]]

                to enable recovered abductees to resume normal lives in 
                such communities; and
                    (C) providing educational and vocational assistance;
            (4) the United States should work with the international 
        community, including, as appropriate, third country governments, 
        nongovernmental organizations, faith-based organizations, United 
        Nations agencies, local governments, labor unions, and private 
        enterprises--
                    (A) to bring to justice rebel and paramilitary 
                forces that kidnap children for use as child soldiers;
                    (B) to recover those children who have been 
                abducted; and
                    (C) to assist such children to be rehabilitated and 
                reintegrated into their respective communities;
            (5) the Secretary of State, the Secretary of Labor, and the 
        Secretary of Defense should coordinate programs to achieve the 
        goals described in paragraph (3);
            (6) United States diplomatic missions in countries in which 
        the use of child soldiers is an issue, whether or not such use 
        is supported or sanctioned by the governments of such countries, 
        should include in their mission program plans a strategy to 
        achieve the goals described in paragraph (3);
            (7) United States diplomatic missions in countries in which 
        governments use or tolerate child soldiers should develop 
        strategies, as part of annual program planning--
                    (A) to promote efforts to end such abuse of human 
                rights; and
                    (B) to identify and integrate global best practices, 
                as available, into such strategies to avoid duplication 
                of effort; and
            (8) in allocating or recommending the allocation of funds or 
        recommending candidates for programs and grants funded by the 
        United States Government, United States diplomatic missions 
        should give serious consideration to those programs and 
        candidates that are expected to promote the end to the abuse of 
        human rights described in this section.
SEC. 404. <<NOTE: 22 USC 2370c-1.>>  PROHIBITION.

    (a) In General.--Subject to subsections (b), (c), and (d), the 
authorities contained in section 516 or 541 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export 
Control Act (22 U.S.C. 2763) may not be used to provide assistance to, 
and no licenses for direct commercial sales of military equipment may be 
issued to, the government of a country that is clearly identified, 
pursuant to subsection (b), for the most recent year preceding the 
fiscal year in which the authorities or license would have been used or 
issued in the absence of a violation of this title, as having 
governmental armed forces or government-supported armed groups, 
including paramilitaries, militias, or civil defense forces, that 
recruit and use child soldiers.
    (b) Identification and Notification to Countries in Violation of 
Standards.--
            (1) Publication of list of foreign governments.--The 
        Secretary of State shall include a list of the foreign 
        governments that have violated the standards under this title 
        and are subject to the prohibition in subsection (a) in the 
        report required under

[[Page 122 STAT. 5090]]

        section 110(b) of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7107(b)).
            (2) Notification of foreign countries.--The Secretary of 
        State shall formally notify any government identified pursuant 
        to subsection (a).

    (c) National Interest Waiver.--
            (1) Waiver.--The President may waive the application to a 
        country of the prohibition in subsection (a) if the President 
        determines that such waiver is in the national interest of the 
        United States.
            (2) Publication and notification.-- 
        <<NOTE: Deadline. President.>> Not later than 45 days after each 
        waiver is granted under paragraph (1), the President shall 
        notify the appropriate congressional committees of the waiver 
        and the justification for granting such waiver.

    (d) Reinstatement of Assistance.--The President may provide to a 
country assistance otherwise prohibited under subsection (a) upon 
certifying to the appropriate congressional committees that the 
government of such country--
            (1) has implemented measures that include an action plan and 
        actual steps to come into compliance with the standards outlined 
        in section 404(b); and
            (2) has implemented policies and mechanisms to prohibit and 
        prevent future government or government-supported use of child 
        soldiers and to ensure that no children are recruited, 
        conscripted, or otherwise compelled to serve as child soldiers.

    (e) Exception for Programs Directly Related To Addressing the 
Problem of Child Soldiers or Professionalization of the Military.--
            (1) In general.--The President may provide assistance to a 
        country for international military education, training, and 
        nonlethal supplies (as defined in section 2557(d)(1)(B) of title 
        10, United States Code) otherwise prohibited under subsection 
        (a) upon certifying to the appropriate congressional committees 
        that--
                    (A) the government of such country is taking 
                reasonable steps to implement effective measures to 
                demobilize child soldiers in its forces or in 
                government-supported paramilitaries and is taking 
                reasonable steps within the context of its national 
                resources to provide demobilization, rehabilitation, and 
                reintegration assistance to those former child soldiers; 
                and
                    (B) the assistance provided by the United States 
                Government to the government of such country will go to 
                programs that will directly support professionalization 
                of the military.
            (2) Limitation.--The exception under paragraph (1) may not 
        remain in effect for a country for more than 5 years.
SEC. 405. <<NOTE: 22 USC 2370c-2.>>  REPORTS.

    (a) Investigation of Allegations Regarding Child Soldiers.--United 
States missions abroad shall thoroughly investigate reports of the use 
of child soldiers.
    (b) Information for Annual Human Rights Reports.--In preparing those 
portions of the annual Human Rights Report that relate to child soldiers 
under sections 116 and 502B of the Foreign

[[Page 122 STAT. 5091]]

Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary 
of State shall ensure that such reports include a description of the use 
of child soldiers in each foreign country, including--
            (1) trends toward improvement in such country of the status 
        of child soldiers or the continued or increased tolerance of 
        such practices; and
            (2) the role of the government of such country in engaging 
        in or tolerating the use of child soldiers.

    (c) Annual Report to Congress.-- <<NOTE: President.>> If, during any 
of the 5 years following the date of the enactment of this Act, a 
country is notified pursuant to section 404(b)(2), or a wavier is 
granted pursuant to section 404(c)(1), the President shall submit a 
report to the appropriate congressional committees not later than June 
15 of the following year. The report shall include--
            (1) a list of the countries receiving notification that they 
        are in violation of the standards under this title;
            (2) a list of any waivers or exceptions exercised under this 
        title;
            (3) justification for any such waivers and exceptions; and
            (4) a description of any assistance provided under this 
        title pursuant to the issuance of such waiver.
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended by adding at the end the following:
    ``(c) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided for 
chiefs of mission, deputy chiefs of mission, and other officers of the 
Service who are or will be involved in the assessment of child soldier 
use or the drafting of the annual Human Rights Report instruction on 
matters related to child soldiers, and the substance of the Child 
Soldiers Prevention Act of 2008.''.
SEC. 407. <<NOTE: 22 USC 2370c note.>>  EFFECTIVE DATE; 
                        APPLICABILITY.

    This title, and the amendments made by this title, shall take effect 
180 days after the date of the enactment of this Act.

    Approved December 23, 2008.

LEGISLATIVE HISTORY--H.R. 7311:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Dec. 10, considered and passed House and Senate.

                                  <all>