Authorizing Legislation

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Authorizing Legislation

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I

110TH CONGRESS
2D SESSION

H. R. 7311

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

IN THE HOUSE OF REPRESENTATIVES
DECEMBER 9, 2008
Mr. BERMAN (for himself, Mr. SMITH of New Jersey, Mr. CONYERS, Ms. ROSLEHTINEN, Mr. SCOTT of Virginia, Mr. FORTENBERRY, and Ms. ZOE
LOFGREN of California) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committees
on Energy and Commerce and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned

A BILL
To authorize appropriations for fiscal years 2008 through
2011 for the Trafficking Victims Protection Act of 2000,
to enhance measures to combat trafficking in persons,
and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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4

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘William Wilberforce Trafficking Victims Protection Re6 authorization Act of 2008’’.

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1

(b) TABLE

OF

CONTENTS.—The table of contents for

2 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN
PERSONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.

Interagency Task Force to Monitor and Combat Trafficking.
Office to Monitor and Combat Trafficking.
Prevention and prosecution of trafficking in foreign countries.
Assistance for victims of trafficking in other countries.
Increasing effectiveness of anti-trafficking programs.
Minimum standards for the elimination of trafficking.
Actions against governments failing to meet minimum standards.
Research on domestic and international trafficking in persons.
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.
Sec.
Sec.
Sec.

221.
222.
223.
224.

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

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Subtitle D—Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Investigation by the Inspectors General.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

233.
234.
235.
236.
237.
238.
239.

Senior Policy Operating Group.
Preventing United States travel by traffickers.
Enhancing efforts to combat the trafficking of children.
Restriction of passports for sex tourism.
Additional reporting on crime.
Processing of certain visas.
Temporary increase in fee for certain consular services.

TITLE III—AUTHORIZATIONS OF APPROPRIATIONS
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.

Trafficking Victims Protection Act of 2000.
Trafficking Victims Protection Reauthorization Act of 2005.
Rule of construction.
Technical amendments.
TITLE IV—CHILD SOLDIERS PREVENTION

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.
407.

Short title.
Definitions.
Sense of Congress.
Prohibition.
Reports.
Training for foreign service officers.
Effective date; applicability.

3

TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN
PERSONS

4

SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND

1
2

5

COMBAT TRAFFICKING.

6

Section 105(b) of the Trafficking Victims Protection

7 Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting
8 ‘‘the Secretary of Education,’’ after ‘‘the Secretary of
9 Homeland Security,’’.
10

SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

11

Section 105(e) of the Trafficking Victims Protection

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12 Act of 2000 (22 U.S.C. 7103(e)) is amended—

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1

(1) in the subsection heading, by striking ‘‘SUP-

2

PORT FOR THE

3

FICE

4
5

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TO MONITOR

AND

COMBAT TRAFFICKING’’;

(2) by striking ‘‘The Secretary of State is authorized to’’ and inserting the following:

6
7

TASK FORCE’’ and inserting ‘‘OF-

‘‘(1) IN

GENERAL.—The

Secretary of State

shall’’; and

8

(3) by adding at the end the following:

9

‘‘(2) COORDINATION

OF CERTAIN ACTIVITIES.—

10

‘‘(A) PARTNERSHIPS.—The Director, in

11

coordination and cooperation with other officials

12

at the Department of State involved in cor-

13

porate responsibility, the Deputy Under Sec-

14

retary for International Affairs of the Depart-

15

ment of Labor, and other relevant officials of

16

the United States Government, shall promote,

17

build, and sustain partnerships between the

18

United States Government and private entities

19

(including foundations, universities, corpora-

20

tions,

21

other nongovernmental organizations) to ensure

22

that—

community-based

organizations,

23

‘‘(i) United States citizens do not use

24

any item, product, or material produced or

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extracted with the use of labor from vic-

2

tims of severe forms of trafficking; and

3

‘‘(ii) such entities do not contribute to

4

trafficking in persons involving sexual ex-

5

ploitation.

6

‘‘(B) UNITED

7

STATES ASSISTANCE.—The

Director shall be responsible for—

8

‘‘(i) all policy, funding, and program-

9

ming decisions regarding funds made avail-

10

able for trafficking in persons programs

11

that are centrally controlled by the Office

12

to Monitor and Combat Trafficking; and

13

‘‘(ii) coordinating any trafficking in

14

persons programs of the Department of

15

State or the United States Agency for

16

International Development that are not

17

centrally controlled by the Director.’’.

18

SEC. 103. PREVENTION AND PROSECUTION OF TRAF-

19
20

FICKING IN FOREIGN COUNTRIES.

(a) PREVENTION.—Section 106 of the Trafficking

21 Victims Protection Act of 2000 (22 U.S. C. 7104) is
22 amended by adding at the end the following:
23

‘‘(i) ADDITIONAL MEASURES TO PREVENT

AND

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24 DETER TRAFFICKING.—The President shall establish and

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1 carry out programs to prevent and deter trafficking in per2 sons, including—
3

‘‘(1) technical assistance and other support to

4

improve the capacity of foreign governments to in-

5

vestigate, identify, and carry out inspections of pri-

6

vate entities, including labor recruitment centers, at

7

which trafficking victims may be exploited, particu-

8

larly exploitation involving forced and child labor;

9

‘‘(2) technical assistance and other support for

10

foreign governments and nongovernmental organiza-

11

tions to provide immigrant populations with infor-

12

mation, in the native languages of the major immi-

13

grant groups of such populations, regarding the

14

rights of such populations in the foreign country and

15

local in-country nongovernmental organization-oper-

16

ated hotlines;

17

‘‘(3) technical assistance to provide legal frame-

18

works and other programs to foreign governments

19

and nongovernmental organizations to ensure that—

20

‘‘(A) foreign migrant workers are provided

21

the same protection as nationals of the foreign

22

country;

23

‘‘(B) labor recruitment firms are regulated;

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24

and

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1

‘‘(C) workers providing domestic services

2

in households are provided protection under

3

labor rights laws; and

4

‘‘(4) assistance to foreign governments to reg-

5

ister vulnerable populations as citizens or nationals

6

of the country to reduce the ability of traffickers to

7

exploit such populations.’’.

8

(b) PROSECUTION.—Section 134(a)(2) of the Foreign

9 Assistance Act of 1961 (22 U.S.C. 2152d(a)(2)) is amend10 ed by adding at the end before the semicolon the following:
11 ‘‘, including investigation of individuals and entities that
12 may be involved in trafficking in persons involving sexual
13 exploitation’’.
14

SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN

15
16

OTHER COUNTRIES.

Section 107(a) of Trafficking Victims Protection Act

17 of 2000 (22 U.S.C. 7105(a)) is amended—

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18

(1) in paragraph (1)—

19

(A) in the second sentence, by inserting be-

20

fore the period at the end the following: ‘‘, and

21

shall be carried out in a manner which takes

22

into account the cross-border, regional, and

23

transnational aspects of trafficking in persons’’;

24

and

25

(B) by adding at the end the following:

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8
1

‘‘(F) In cooperation and coordination with

2

relevant organizations, such as the United Na-

3

tions High Commissioner for Refugees, the

4

International Organization for Migration, and

5

private nongovernmental organizations that

6

contract with, or receive grants from, the

7

United States Government to assist refugees

8

and internally displaced persons, support for—

9

‘‘(i) increased protections for refugees

10

and internally displaced persons, including

11

outreach and education efforts to prevent

12

such refugees and internally displaced per-

13

sons from being exploited by traffickers;

14

and

15

‘‘(ii) performance of best interest de-

16

terminations for unaccompanied and sepa-

17

rated children who come to the attention of

18

the United Nations High Commissioner for

19

Refugees, its partner organizations, or any

20

organization that contracts with the De-

21

partment of State in order to identify child

22

trafficking victims and to assist their safe

23

integration, reintegration, and resettle-

24

ment.’’; and

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1

(2) in paragraph (2), by adding at the end the

2

following: ‘‘In carrying out this paragraph, the Sec-

3

retary and the Administrator shall take all appro-

4

priate steps to ensure that cooperative efforts among

5

foreign countries are undertaken on a regional

6

basis.’’.

7

SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAF-

8

FICKING PROGRAMS.

9

The Trafficking Victims Protection Act of 2000 (22

10 U.S.C. 7101 et seq.) is amended by inserting after section
11 107 the following:
12

‘‘SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAF-

13

FICKING PROGRAMS.

14
15

‘‘(a) AWARDING
MENTS, AND

OF

GRANTS, COOPERATIVE AGREE-

CONTRACTS.—In administering funds made

16 available to carry out this Act within and outside the

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17 United States—
18

‘‘(1) solicitations of grants, cooperative agree-

19

ments, and contracts for such programs shall be

20

made publicly available;

21

‘‘(2) grants, cooperative agreements, and con-

22

tracts shall be subject to full and open competition,

23

in accordance with applicable laws; and

24

‘‘(3) the internal department or agency review

25

process for such grants, cooperative agreements, and

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1

contracts shall not be subject to ad hoc or intermit-

2

tent review or influence by individuals or organiza-

3

tions outside the United States Government except

4

as provided under paragraphs (1) and (2).

5

‘‘(b) ELIGIBILITY.—

6

‘‘(1) IN

applicant desiring a

7

grant, contract, or cooperative agreement under this

8

Act shall certify that, to the extent practicable, per-

9

sons or entities providing legal services, social serv-

10

ices, health services, or other assistance have com-

11

pleted, or will complete, training in connection with

12

trafficking in persons.

13

‘‘(2) DISCLOSURE.—If appropriate, applicants

14

should indicate collaboration with nongovernmental

15

organizations, including organizations with expertise

16

in trafficking in persons.

17

‘‘(c) EVALUATION

18

OF

ANTI-TRAFFICKING PRO-

GRAMS.—

19

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GENERAL.—An

‘‘(1) IN

GENERAL.—The

President shall estab-

20

lish a system to evaluate the effectiveness and effi-

21

ciency of the assistance provided under anti-traf-

22

ficking programs established under this Act on a

23

program-by-program basis in order to maximize the

24

long-term sustainable development impact of such

25

assistance.

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1

‘‘(2) REQUIREMENTS.—In carrying out para-

2

graph (1), the President shall—

3

‘‘(A) establish performance goals for the

4

assistance described in paragraph (1), ex-

5

pressed in an objective and quantifiable form,

6

to the extent practicable;

7

‘‘(B) ensure that performance indicators

8

are used for programs authorized under this

9

Act to measure and assess the achievement of

10

the performance goals described in subpara-

11

graph (A);

12

‘‘(C) provide a basis for recommendations

13

for adjustments to the assistance described in

14

paragraph (1) to enhance the impact of such

15

assistance; and

16

‘‘(D) ensure that evaluations are conducted

17

by subject matter experts in and outside the

18

United States Government, to the extent prac-

19

ticable.

20
21

‘‘(d) TARGETED USE
GRAMS.—In

OF

ANTI-TRAFFICKING PRO-

providing assistance under this division, the

22 President should take into account the priorities and coun23 try assessments contained in the most recent report sub-

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24 mitted by the Secretary of State to Congress pursuant to
25 section 110(b).

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1

‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.—The

2 President shall ensure that the design, monitoring, and
3 evaluation of United States assistance programs for emer4 gency relief, development, and poverty alleviation under
5 part I and chapter 4 of part II of the Foreign Assistance
6 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)
7 and other similar United States assistance programs are
8 consistent with United States policies and other United
9 States programs relating to combating trafficking in per10 sons.
11

‘‘(f) AUTHORIZATION

OF

APPROPRIATIONS.—For

12 each of the fiscal years 2008 through 2011, not more than
13 5 percent of the amounts made available to carry out this
14 division may be used to carry out this section, including—
15

‘‘(1) evaluations of promising anti-trafficking

16

programs and projects funded by the disbursing

17

agency pursuant to this Act; and

18

‘‘(2) evaluations of emerging problems or global

19
20

trends.’’.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF

21
22

TRAFFICKING.

Section 108 of the Trafficking Victims Protection Act

23 of 2000 (22 U.S.C. 7106) is amended—

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24
25

(1) in subsection (a), by striking ‘‘a significant
number of’’; and

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1

(2) in subsection (b)—

2

(A) in paragraph (1), by striking the pe-

3

riod at the end of the first sentence and insert-

4

ing the following: ‘‘, including, as appropriate,

5

requiring incarceration of individuals convicted

6

of such acts. For purposes of the preceding sen-

7

tence, suspended or significantly-reduced sen-

8

tences for convictions of principal actors in

9

cases of severe forms of trafficking in persons

10

shall be considered, on a case-by-case basis,

11

whether to be considered an indicator of serious

12

and sustained efforts to eliminate severe forms

13

of trafficking in persons.’’;

14

(B) in paragraph (2), by inserting before

15

the period at the end the following: ‘‘, including

16

by providing training to law enforcement and

17

immigration officials regarding the identifica-

18

tion and treatment of trafficking victims using

19

approaches that focus on the needs of the vic-

20

tims’’;

21

(C) in paragraph (3), by striking ‘‘meas-

22

ures to reduce the demand for commercial sex

23

acts and for participation in international sex

24

tourism by nationals of the country’’ and insert-

25

ing ‘‘measures to establish the identity of local

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1

populations, including birth registration, citi-

2

zenship, and nationality’’; and

3

(D) by adding at the end the following:

4

‘‘(11) Whether the government of the country

5

has made serious and sustained efforts to reduce the

6

demand for—

7

‘‘(A) commercial sex acts; and

8

‘‘(B) participation in international sex

9
10

tourism by nationals of the country.’’.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO

11

MEET MINIMUM STANDARDS.

12
13

(a) COUNTRIES
TO

TRAFFICKING

ON

IN

SPECIAL WATCH LIST RELATING
PERSONS

FOR

2 CONSECUTIVE

14 YEARS.—Section 110(b)(3) of the Trafficking Victims
15 Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amend16 ed by adding at the end the following:
17

‘‘(D) COUNTRIES

18

FOR 2 CONSECUTIVE YEARS.—

19

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ON SPECIAL WATCH LIST

‘‘(i) IN

GENERAL.—Except

20

vided under clause (ii), a country that is

21

included on the special watch list described

22

in subparagraph (A) for 2 consecutive

23

years after the date of the enactment of

24

this subparagraph, shall be included on the

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1

list of countries described in paragraph

2

(1)(C).

3

‘‘(ii) EXERCISE

OF WAIVER AUTHOR-

4

ITY.—The

5

cation of clause (i) for up to 2 years if the

6

President determines, and reports credible

7

evidence to the Committee on Foreign Re-

8

lations of the Senate and the Committee

9

on Foreign Affairs of the House of Rep-

10

resentatives, that such a waiver is justified

11

because—

President may waive the appli-

12

‘‘(I) the country has a written

13

plan to begin making significant ef-

14

forts to bring itself into compliance

15

with the minimum standards for the

16

elimination of trafficking;

17

‘‘(II) the plan, if implemented,

18

would constitute making such signifi-

19

cant efforts; and

20

‘‘(III) the country is devoting

21

sufficient resources to implement the

22

plan.’’.

23

(b) CLARIFICATION OF MEASURES AGAINST CERTAIN

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24 FOREIGN COUNTRIES.—Section 110(d)(1)(A)(ii) of the
25 Trafficking Victims Protection Act of 2000 (22 U.S.C.

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1 7107(d)(1)(A)) is amended by inserting ‘‘such assistance
2 to the government of the country for the subsequent fiscal
3 year and will not provide’’ after ‘‘will not provide’’.
4
5

(c) TRANSLATION
PORT.—The

OF

TRAFFICKING

IN

PERSONS RE-

Secretary of State shall—

6

(1) timely translate the annual report submitted

7

under section 110(b) of the Trafficking Victims Pro-

8

tection Act of 2000 (22 U.S.C. 7107(b)) into the

9

principal languages of as many countries as possible,

10

with particular emphasis on the languages of the

11

countries on the lists described in subparagraphs

12

(B) and (C) of section 110(b)(1) of such Act; and

13

(2) ensure that the translations described in

14

paragraph (1) are made available to the public

15

through postings on the Internet website of the De-

16

partment of State and other appropriate websites.

17

SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL

18
19

TRAFFICKING IN PERSONS.

(a) INTEGRATED DATABASE.—Section 112A of the

20 Trafficking Victims Protection Act of 2000 (22 U.S.C.
21 7109a) is amended—
22

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23

(1) in subsection (a), by amending paragraph
(5) to read as follows:

24

‘‘(5) An effective mechanism for quantifying the

25

number of victims of trafficking on a national, re-

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1

gional, and international basis, which shall include,

2

not later than 2 years after the date of the enact-

3

ment of the William Wilberforce Trafficking Victims

4

Protection Reauthorization Act of 2008, the estab-

5

lishment and maintenance of an integrated database

6

within the Human Smuggling and Trafficking Cen-

7

ter.’’; and

8

(2) by amending subsection (b) to read as fol-

9

lows:

10
11

‘‘(b) ROLE
FICKING

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12

HUMAN SMUGGLING

OF

AND

CENTER.—
‘‘(1) IN

GENERAL.—The

research initiatives de-

13

scribed in paragraphs (4) and (5) of subsection (a)

14

shall be carried out by the Human Smuggling and

15

Trafficking Center, established under section 7202

16

of the 9/11 Commission Implementation Act of 2004

17

(8 U.S.C. 1777).

18

‘‘(2) DATABASE.—The database described in

19

subsection (a)(5) shall be established by combining

20

all applicable data collected by each Federal depart-

21

ment and agency represented on the Interagency

22

Task Force to Monitor and Combat Trafficking,

23

consistent with the protection of sources and meth-

24

ods, and, to the maximum extent practicable, appli-

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1

cable data from relevant international organizations,

2

to—

3

‘‘(A) improve the coordination of the col-

4

lection of data related to trafficking in persons

5

by each agency of the United States Govern-

6

ment that collects such data;

7

‘‘(B) promote uniformity of such data col-

8

lection and standards and systems related to

9

such collection;

10

‘‘(C) undertake a meta-analysis of patterns

11

of trafficking in persons, slavery, and slave-like

12

conditions to develop and analyze global trends

13

in human trafficking;

14

‘‘(D) identify emerging issues in human

15

trafficking and establishing integrated methods

16

to combat them; and

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17

‘‘(E) identify research priorities to respond

18

to global patterns and emerging issues.

19

‘‘(3) CONSULTATION.—The database estab-

20

lished in accordance with paragraph (2) shall be

21

maintained in consultation with the Director of the

22

Office to Monitor and Combat Trafficking in Per-

23

sons of the Department of State.

24

‘‘(4) AUTHORIZATION

25

OF APPROPRIATIONS.—

There are authorized to be appropriated $2,000,000

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1

to the Human Smuggling and Trafficking Center for

2

each of the fiscal years 2008 through 2011 to carry

3

out the activities described in this subsection.’’.

4

(b) REPORT.—Section 110(b)(1) of the Trafficking

5 Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1))
6 is amended—
7
8

(1) in subparagraph (C), by striking ‘‘and’’ at
the end;

9
10

(2) in subparagraph (D), by striking the period
at the end and inserting a semicolon; and

11

(3) by adding at the end the following:

12

‘‘(E) reporting and analysis on the emer-

13

gence or shifting of global patterns in human

14

trafficking, including data on the number of

15

victims trafficked to, through, or from major

16

source and destination countries, disaggregated

17

by nationality, gender, and age, to the extent

18

possible; and

19

‘‘(F) emerging issues in human traf-

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20

ficking.’’.

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1

SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EF-

2

FORTS TO COMBAT TRAFFICKING IN PER-

3

SONS.

4

The Trafficking Victims Protection Act of 2000 (22

5 U.S.C. 7101 et seq.) is amended by inserting after section
6 112A the following:
7

‘‘SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY

8

EFFORTS TO COMBAT TRAFFICKING IN PER-

9

SONS.

10

‘‘(a) ESTABLISHMENT

OF

AWARD.—The President is

11 authorized to establish an award, to be known as the
12 ‘Presidential Award for Extraordinary Efforts To Combat
13 Trafficking in Persons’, for extraordinary efforts to com14 bat trafficking in persons. To the maximum extent prac15 ticable, the Secretary of State shall present the award an16 nually to not more than 5 individuals or organizations, in17 cluding—
18
19

‘‘(1) individuals who are United States citizens
or foreign nationals; and

20

‘‘(2) United States or foreign nongovernmental

21

organizations.

22

‘‘(b) SELECTION.—The President shall establish pro-

23 cedures for selecting recipients of the award authorized

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24 under subsection (a).
25

‘‘(c) CEREMONY.—The Secretary of State shall host

26 an annual ceremony for recipients of the award authorized
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1 under subsection (a) as soon as practicable after the date
2 on which the Secretary submits to Congress the report re3 quired under section 110(b)(1). The Secretary of State
4 may pay the travel costs of each recipient and a guest
5 of each recipient who attends the ceremony.
6

‘‘(d) AUTHORIZATION

OF

APPROPRIATIONS.—There

7 are authorized to be appropriated, for each of the fiscal
8 years 2008 through 2011, such sums as may be necessary
9 to carry out this section.’’.
10

SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF

11

LABOR TO MONITOR AND COMBAT FORCED

12

LABOR AND CHILD LABOR.

13

(a) FINAL REPORT; PUBLIC AVAILABILITY

OF

14 LIST.—Not later than January 15, 2010, the Secretary
15 of Labor shall—
16

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17

(1) submit to the appropriate congressional
committees a final report that—

18

(A) describes the implementation of section

19

105(b) of the Trafficking Victims Protection

20

Reauthorization

21

7103(b)); and

Act

of

2005

(22

22

(B) includes an initial list of goods de-

23

scribed in paragraph (2)(C) of such section;

24

and

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1

(2) make the list of goods described in para-

2

graph (1)(B) available to the public.

3

(b) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this section, the term ‘‘appropriate con5 gressional committees’’ has the meaning given the term
6 in section 103 of the Trafficking Victims Protection Act
7 of 2000 (22 U.S.C. 7102).
8

SEC. 111. SENSE OF CONGRESS REGARDING MULTILAT-

9

ERAL

FRAMEWORK

10

PORTING

11

TRIES.

12

AND

BETWEEN

LABOR

LABOR

IMPORTING

EX-

COUN-

It is the sense of Congress that the Secretary of

13 State, in conjunction with the International Labour Orga14 nization, the United Nations Office of Drug and Crime
15 Prevention, and other relevant international and non16 governmental organizations, should seek to establish a
17 multilateral framework between labor exporting and labor
18 importing countries to ensure that workers migrating be19 tween such countries are protected from trafficking in per-

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20 sons.

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6

TITLE
II—COMBATING
TRAFFICKING IN PERSONS IN THE
UNITED STATES
Subtitle A—Ensuring Availability
of Possible Witnesses and Informants

7

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RE-

1
2
3
4
5

8
9

TALIATION.

(a) T VISAS.—Section 101(a)(15)(T) of the Immigra-

10 tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is
11 amended—
12

(1) in clause (i)—

13

(A) in the matter preceding subclause (I),

14

by striking ‘‘Security and the Attorney General

15

jointly;’’ and inserting ‘‘Security, in consulta-

16

tion with the Attorney General,’’;

17

(B) in subclause (I), by striking the

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18

comma at the end and inserting a semicolon;

19

(C) in subclause (II), by adding at the end

20

the following: ‘‘including physical presence on

21

account of the alien having been allowed entry

22

into the United States for participation in in-

23

vestigative or judicial processes associated with

24

an act or a perpetrator of trafficking;’’;

25

(D) in subclause (III)—
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1

(i) in item (aa), by striking ‘‘or’’ at

2

the end;

3

(ii) by redesignating item (bb) as item

4

(cc);

5

(iii) by inserting after item (aa) the

6

following:

7

‘‘(bb) in consultation with the Attorney

8

General, as appropriate, is unable to cooperate

9

with a request described in item (aa) due to

10

physical or psychological trauma; or’’; and

11

(iv) in item (cc), as redesignated, by

12

striking ‘‘, and’’ at the end and inserting

13

‘‘; and’’; and

14

(E) in subclause (IV), by adding ‘‘and’’ at

15

the end;

16

(2) in clause (ii)—

17

(A) in subclause (I), by striking ‘‘or’’ at

18

the end;

19

(B) in subclause (II), by striking ‘‘and’’ at

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20

the end and inserting ‘‘or’’; and

21

(C) by adding at the end the following:

22

‘‘(III) any parent or unmarried sibling

23

under 18 years of age of an alien described in

24

subclause (I) or (II) who the Secretary of

25

Homeland Security, in consultation with the

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1

law enforcement officer investigating a severe

2

form of trafficking, determines faces a present

3

danger of retaliation as a result of the alien’s

4

escape from the severe form of trafficking or

5

cooperation with law enforcement.’’; and

6

(3) by striking clause (iii).

7

(b) REQUIREMENTS

FOR

T VISA ISSUANCE.—Section

8 214(o)(7) of the Immigration and Nationality Act (8
9 U.S.C. 1184(o)(7)) is amended—
10

(1) in subparagraph (B)—

11

(A) by striking ‘‘subparagraph (A) if a

12

Federal’’ and inserting the following: ‘‘subpara-

13

graph (A) if—

14

‘‘(i) a Federal’’;

15

(B) by striking the period at the end and

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16

inserting a semicolon; and

17

(C) by adding at the end the following:

18

‘‘(ii) the alien is eligible for relief under section

19

245(l) and is unable to obtain such relief because

20

regulations have not been issued to implement such

21

section; or

22

‘‘(iii) the Secretary of Homeland Security deter-

23

mines that an extension of the period of such non-

24

immigrant status is warranted due to exceptional

25

circumstances.’’; and

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1
2

(2) by adding at the end the following:
‘‘(C)

Nonimmigrant

status

under

section

3 101(a)(15)(T) shall be extended during the pendency of
4 an application for adjustment of status under section
5 245(l).’’.
6

(c) CONDITIONS

ON

NONIMMIGRANT STATUS

FOR

7 CERTAIN CRIME VICTIMS.—Section 214(p)(6) of the Im8 migration and Nationality Act (8 U.S.C. 1184(p)(6)) is
9 amended by adding at the end the following: ‘‘The Sec10 retary of Homeland Security may extend, beyond the 411 year period authorized under this section, the authorized
12 period of status of an alien as a nonimmigrant under sec13 tion 101(a)(15)(U) if the Secretary determines that an ex14 tension of such period is warranted due to exceptional cir15 cumstances. Such alien’s nonimmigrant status shall be ex16 tended beyond the 4-year period authorized under this sec17 tion if the alien is eligible for relief under section 245(m)
18 and is unable to obtain such relief because regulations
19 have not been issued to implement such section and shall
20 be extended during the pendency of an application for ad21 justment of status under section 245(m). The Secretary
22 may grant work authorization to any alien who has a
23 pending, bona fide application for nonimmigrant status

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24 under section 101(a)(15)(U).’’.

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1
2

(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VICTIMS.—Section

245(l) of the Immigration and Nationality

3 Act (8 U.S.C. 1255(l)) is amended—
4

(1) in paragraph (1)—

5

(A) in the matter preceding subparagraph

6

(A), by striking ‘‘the Attorney General,,’’ and

7

inserting ‘‘in the opinion of the Secretary of

8

Homeland Security, in consultation with the At-

9

torney General, as appropriate’’;

10

(B) in subparagraph (B)—

11

(i) by inserting ‘‘subject to paragraph

12

(6),’’ after ‘‘(B)’’; and

13

(ii) by striking ‘‘, and’’ and inserting

14

‘‘; and’’; and

15

(C) in subparagraph (C)—

16

(i) in clause (i), by striking ‘‘, or’’ and

17

inserting a semicolon;

18

(ii) in clause (ii), by striking ‘‘, or in

19

the case of subparagraph (C)(i), the Attor-

20

ney General, as appropriate’’; and

21

(iii) by striking the period at the end

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22

and inserting the following: ‘‘; or

23

‘‘(iii) was younger than 18 years of

24

age at the time of the victimization quali-

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1

fying the alien for relief under section

2

101(a)(15)(T).’’;

3

(2) in paragraph (3), by striking the period at

4

the end and inserting the following: ‘‘, unless—

5

‘‘(A) the absence was necessary to assist in the

6

investigation or prosecution described in paragraph

7

(1)(A); or

8

‘‘(B) an official involved in the investigation or

9

prosecution certifies that the absence was otherwise

10

justified.’’; and

11

(3) by adding at the end the following:

12

‘‘(6) For purposes of paragraph (1)(B), the Secretary

13 of Homeland Security may waive consideration of a dis14 qualification from good moral character with respect to
15 an alien if the disqualification was caused by, or incident
16 to, the trafficking described in section 101(a)(15)(T)(i)(I).
17

‘‘(7) The Secretary of Homeland Security shall per-

18 mit aliens to apply for a waiver of any fees associated with
19 filing an application for relief through final adjudication
20 of the adjustment of status for a VAWA self-petitioner
21 and

for

relief

under

sections

101(a)(15)(T),

22 101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in ef-

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23 fect on March 31, 1997).’’.

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1

(e) ADJUSTMENT

OF

STATUS

FOR

CRIME VICTIMS.—

2 Section 245(m) of the Immigration and Nationality Act
3 (8 U.S.C. 1255(m)) is amended—
4

(1) in paragraph (1), in the matter preceding

5

subparagraph (A), by striking ‘‘unless the Attorney

6

General’’ and inserting ‘‘unless the Secretary’’; and

7
8

(2) by adding at the end the following:
‘‘(5)(A) The Secretary of Homeland Security shall

9 consult with the Attorney General, as appropriate, in mak10 ing a determination under paragraph (1) whether affirma11 tive evidence demonstrates that the alien unreasonably re12 fused to provide assistance to a Federal law enforcement
13 official, Federal prosecutor, Federal judge, or other Fed14 eral authority investigating or prosecuting criminal activ15 ity described in section 101(a)(15)(U)(iii).
16

‘‘(B) Nothing in paragraph (1)(B) may be construed

17 to prevent the Secretary from consulting with the Attorney
18 General in making a determination whether affirmative
19 evidence demonstrates that the alien unreasonably refused
20 to provide assistance to a State or local law enforcement
21 official, State or local prosecutor, State or local judge, or
22 other State or local authority investigating or prosecuting
23 criminal activity described in section 101(a)(15)(U)(iii).’’.

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24

(f) EFFECTIVE DATE.—The amendments made by

25 this section shall—

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1

(1) take effect on the date of enactment of the

2

Act; and

3

(2) apply to applications for immigration bene-

4
5

fits filed on or after such date.
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND

6
7

OTHER NONIMMIGRANTS.

(a) INFORMATION PAMPHLET.—

8

(1) DEVELOPMENT

AND DISTRIBUTION.—The

9

Secretary of State, in consultation with the Sec-

10

retary of Homeland Security, the Attorney General,

11

and the Secretary of Labor, shall develop an infor-

12

mation pamphlet on legal rights and resources for

13

aliens applying for employment- or education-based

14

nonimmigrant visas.

15

(2) CONSULTATION.—In developing the infor-

16

mation pamphlet under paragraph (1), the Secretary

17

of State shall consult with nongovernmental organi-

18

zations with expertise on the legal rights of workers

19

and victims of severe forms of trafficking in persons.

20

(b) CONTENTS.—The information pamphlet devel-

21 oped under subsection (a) shall include information con-

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22 cerning items such as—
23

(1) the nonimmigrant visa application proc-

24

esses, including information about the portability of

25

employment;

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(2) the legal rights of employment or education-

2

based nonimmigrant visa holders under Federal im-

3

migration, labor, and employment law;

4

(3) the illegality of slavery, peonage, trafficking

5

in persons, sexual assault, extortion, blackmail, and

6

worker exploitation in the United States;

7

(4) the legal rights of immigrant victims of

8

trafficking in persons and worker exploitation, in-

9

cluding—

10

(A) the right of access to immigrant and

11

labor rights groups;

12

(B) the right to seek redress in United

13

States courts;

14

(C) the right to report abuse without retal-

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15

iation;

16

(D) the right of the nonimmigrant to relin-

17

quish possession of his or her passport to his or

18

her employer;

19

(E) the requirement of an employment

20

contract between the employer and the non-

21

immigrant; and

22

(F) an explanation of the rights and pro-

23

tections included in the contract described in

24

subparagraph (E); and

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(5) information about nongovernmental organi-

2

zations that provide services for victims of traf-

3

ficking in persons and worker exploitation, includ-

4

ing—

5

(A) anti-trafficking in persons telephone

6

hotlines operated by the Federal Government;

7

(B) the Operation Rescue and Restore hot-

8

line; and

9

(C) a general description of the types of

10

victims services available for individuals subject

11

to trafficking in persons or worker exploitation.

12

(c) TRANSLATION.—

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13

(1) IN

GENERAL.—To

best serve the language

14

groups having the greatest concentration of employ-

15

ment-based nonimmigrant visas, the Secretary of

16

State shall translate the information pamphlet devel-

17

oped under subsection (a) into all relevant foreign

18

languages, to be determined by the Secretary based

19

on the languages spoken by the greatest concentra-

20

tions of employment- or education-based non-

21

immigrant visa applicants.

22

(2) REVISION.—Every 2 years, the Secretary of

23

State, in consultation with the Attorney General and

24

the Secretary of Homeland Security, shall determine

25

the specific languages into which the information

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pamphlet will be translated based on the languages

2

spoken

3

employment- or education-based nonimmigrant visa

4

applicants.

5

(d) AVAILABILITY AND DISTRIBUTION.—

6

the

(1) POSTING

greatest

concentrations

ON FEDERAL WEBSITES.—The

in-

formation pamphlet developed under subsection (a)

8

shall be posted on the websites of the Department

9

of State, the Department of Homeland Security, the

10

Department of Justice, the Department of Labor,

11

and all United States consular posts processing ap-

12

plications for employment- or education-based non-

13

immigrant visas.

14

(2) OTHER

DISTRIBUTION.—The

information

15

pamphlet developed under subsection (a) shall be

16

made available to any—

17

(A) government agency;

18

(B) nongovernmental advocacy organization; or

20

(C) foreign labor broker doing business in

21

the United States.

22

(3) DEADLINE

FOR PAMPHLET DEVELOPMENT

23

AND DISTRIBUTION.—Not

24

the date of the enactment of this Act, the Secretary

25

of State shall distribute and make available the in-

later than 180 days after

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7

19

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formation pamphlet developed under subsection (a)

2

in all the languages referred to in subsection (c).

3

(e) RESPONSIBILITIES

4

THE

CONSULAR OFFICERS

DEPARTMENT OF STATE.—
(1) INTERVIEWS.—A consular officer con-

6

ducting an interview of an alien for an employment-

7

based nonimmigrant visa shall—

8

(A)(i) confirm that the alien has received,

9

read, and understood the contents of the pam-

10

phlet described in subsections (a) and (b); and

11

(ii) if the alien has not received, read, or

12

understood the contents of the pamphlet de-

13

scribed in subsections (a) and (b), distribute

14

and orally disclose to the alien the information

15

described in paragraphs (2) and (3) in a lan-

16

guage that the alien understands; and

17

(B) offer to answer any questions the alien

18

may have regarding the contents of the pam-

19

phlet described in subsections (a) and (b).

20

(2) LEGAL

RIGHTS.—The

consular officer shall

disclose to the alien—

22

(A) the legal rights of employment-based

23

nonimmigrants

24

labor, and employment laws;

under

Federal

immigration,

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5

21

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(B) the illegality of slavery, peonage, traf-

2

ficking in persons, sexual assault, extortion,

3

blackmail, and worker exploitation in the

4

United States; and

5

(C) the legal rights of immigrant victims of

6

trafficking in persons, worker exploitation, and

7

other related crimes, including—

8

(i) the right of access to immigrant

9

and labor rights groups;

10

(ii) the right to seek redress in United

11

States courts; and

12

(iii) the right to report abuse without

13

retaliation.

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14

(3) VICTIM

SERVICES.—In

carrying out the dis-

15

closure requirement under this subsection, the con-

16

sular officer shall disclose to the alien the avail-

17

ability of services for victims of human trafficking

18

and worker exploitation in the United States, includ-

19

ing victim services complaint hotlines.

20

(f) DEFINITIONS.—In this section:

21

(1) EMPLOYMENT-

OR EDUCATION-BASED NON-

22

IMMIGRANT VISA.—The

term ‘‘employment- or edu-

23

cation-based nonimmigrant visa’’ means—

24

(A) a nonimmigrant visa issued under sub-

25

paragraph (A)(iii), (G)(v), (H), or (J) of section

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36
1

101(a)(15) of the Immigration and Nationality

2

Act (8 U.S.C. 1101(a)(15)); and

3

(B) any nonimmigrant visa issued to a per-

4

sonal or domestic servant who is accompanying

5

or following to join an employer.

6

(2) SEVERE

FORMS OF TRAFFICKING IN PER-

7

SONS.—The

8

persons’’ has the meaning given the term in section

9

103 of the Trafficking Victims Protection Act of

10

term ‘‘severe forms of trafficking in

2000 (22 U.S.C. 7102).

11

(3) SECRETARY.—The term ‘‘Secretary’’ means

12

the Secretary of State.

13

(4) ABUSING

AND

EXPLOITING.—The

term

14

‘‘abusing and exploiting’’ means any conduct which

15

would constitute a violation of section 1466A, 1589,

16

1591, 1592, 2251, or 2251A of title 18, United

17

States Code.

18

SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON

19
20

ISSUANCE FOR A–3 AND G–5 VISAS.

(a) LIMITATIONS

ISSUANCE

ON

OF

A–3

AND

G–5

21 VISAS.—

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22

(1)

CONTRACT

REQUIREMENT.—Notwith-

23

standing any other provision of law, the Secretary of

24

State may not issue—

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1

(A) an A–3 visa unless the applicant is em-

2

ployed, or has signed a contract to be employed

3

containing the requirements set forth in sub-

4

section (d)(2), by an officer of a diplomatic mis-

5

sion or consular post; or

6

(B) a G–5 visa unless the applicant is em-

7

ployed, or has signed a contract to be employed

8

by an employee in an international organiza-

9

tion.

10

(2)

REQUIREMENT.—Notwith-

11

standing any other provision of law, the Secretary

12

shall suspend, for such period as the Secretary de-

13

termines necessary, the issuance of A–3 visas or G–

14

5 visas to applicants seeking to work for officials of

15

a diplomatic mission or an international organiza-

16

tion, if the Secretary determines that there is cred-

17

ible evidence that 1 or more employees of such mis-

18

sion or international organization have abused or ex-

19

ploited 1 or more nonimmigrants holding an A–3

20

visa or a G–5 visa, and that the diplomatic mission

21

or international organization tolerated such actions.

22

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SUSPENSION

(3) ACTION

BY

DIPLOMATIC

MISSIONS

23

INTERNATIONAL

24

may suspend the application of the limitation under

25

paragraph (2) if the Secretary determines and re-

ORGANIZATIONS.—The

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Secretary

38
1

ports to the appropriate congressional committees

2

that a mechanism is in place to ensure that such

3

abuse or exploitation does not reoccur with respect

4

to any alien employed by an employee of such mis-

5

sion or institution.

6

(b) PROTECTIONS

AND

REMEDIES

7 5 NONIMMIGRANTS EMPLOYED

BY

A–3

FOR

AND

DIPLOMATS

G–

AND

8 STAFF OF INTERNATIONAL ORGANIZATIONS.—
9

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10

(1) IN

GENERAL.—The

Secretary may not issue

or renew an A–3 visa or a G–5 visa unless—

11

(A) the visa applicant has executed a con-

12

tract with the employer or prospective employer

13

containing provisions described in paragraph

14

(2); and

15

(B) a consular officer has conducted a per-

16

sonal interview with the applicant outside the

17

presence of the employer or any recruitment

18

agent in which the officer reviewed the terms of

19

the contract and the provisions of the pamphlet

20

required under section 202.

21

(2) MANDATORY

CONTRACT.—The

contract be-

22

tween the employer and domestic worker required

23

under paragraph (1) shall include—

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1

(A) an agreement by the employer to abide

2

by all Federal, State, and local laws in the

3

United States;

4

(B) information on the frequency and form

5

of payment, work duties, weekly work hours,

6

holidays, sick days, and vacation days; and

7

(C) an agreement by the employer not to

8

withhold the passport, employment contract, or

9

other personal property of the employee.

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10

(3) TRAINING

OF CONSULAR OFFICERS.—The

11

Secretary shall provide appropriate training to con-

12

sular officers on the fair labor standards described

13

in the pamphlet required under section 202, traf-

14

ficking in persons, and the provisions of this section.

15

(4) RECORD

16

(A) IN

KEEPING.—
GENERAL.—The

Secretary shall

17

maintain records on the presence of non-

18

immigrants holding an A–3 visa or a G–5 visa

19

in the United States, including—

20

(i) information about when the non-

21

immigrant entered and permanently exited

22

the country of residence;

23

(ii) the official title, contact informa-

24

tion, and immunity level of the employer;

25

and

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40
1

(iii) information regarding any allega-

2

tions of employer abuse received by the

3

Department of State.

4

(c) PROTECTION FROM REMOVAL DURING LEGAL

5 ACTIONS AGAINST FORMER EMPLOYERS.—
6

(1) REMAINING

7

SEEK LEGAL REDRESS.—

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8

(A) EFFECT

IN THE UNITED STATES TO

OF COMPLAINT FILING.—Ex-

9

cept as provided in subparagraph (B), if a non-

10

immigrant holding an A–3 visa or a G–5 visa

11

working in the United States files a civil action

12

under section 1595 of title 18, United States

13

Code, or a civil action regarding a violation of

14

any of the terms contained in the contract or

15

violation of any other Federal, State, or local

16

law in the United States governing the terms

17

and conditions of employment of the non-

18

immigrant that are associated with acts covered

19

by such section, the Attorney General and the

20

Secretary of Homeland Security shall permit

21

the nonimmigrant to remain legally in the

22

United States for time sufficient to fully and ef-

23

fectively participate in all legal proceedings re-

24

lated to such action.

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41
1

(B) EXCEPTION.—An alien described in

2

subparagraph (A) may be deported before the

3

conclusion of the legal proceedings related to a

4

civil action described in such subparagraph if

5

such alien is—

6

(i)

7

(2)(A)(i)(II),

8

(2)(H),

9

(3)(B), (3)(C), or (3)(F) of section 212(a)

10

of the Immigration and Nationality Act (8

11

U.S.C. 1182(a)); or

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12

(ii)

inadmissible
(2)(B),

(2)(I),

under
(2)(C),

(3)(A)(i),

deportable

paragraph

(3)(A)(iii),

under

paragraph

13

(2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii),

14

(4)(B), or (4)(C) of section 237(a) of such

15

Act (8 U.S.C. 1227(a)).

16

(C) FAILURE

TO

EXERCISE

DUE

DILI-

17

GENCE.—If

18

rity, after consultation with the Attorney Gen-

19

eral, determines that the nonimmigrant holding

20

an A–3 visa or a G–5 visa has failed to exercise

21

due diligence in pursuing an action described in

22

subparagraph (A), the Secretary may terminate

23

the status of the A–3 or G–5 nonimmigrant.

24

(2) AUTHORIZATION

25

the Secretary of Homeland Secu-

TO WORK.—The

01:28 Dec 10, 2008

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General and the Secretary of Homeland Security

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42
1

shall authorize any nonimmigrant described in para-

2

graph (1) to engage in employment in the United

3

States during the period the nonimmigrant is in the

4

United States pursuant to paragraph (1).

5

(d) STUDY AND REPORT.—

6

(1) INVESTIGATION

7

(A) IN

GENERAL.—Not

later than 180

8

days after the date of the enactment of this

9

Act, and every 2 years thereafter for the fol-

10

lowing 10 years, the Secretary shall submit a

11

report to the appropriate congressional commit-

12

tees on the implementation of this section.

13

(B) CONTENTS.—The report submitted

14

under subparagraph (A) shall include—

15

(i) an assessment of the actions taken

16

by the Department of State and the De-

17

partment of Justice to investigate allega-

18

tions of trafficking or abuse of non-

19

immigrants holding an A–3 visa or a G–5

20

visa; and

21

(ii) the results of such investigations.

22

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REPORT.—

(2) FEASIBILITY

OF OVERSIGHT OF EMPLOYEES

23

OF DIPLOMATS AND REPRESENTATIVES OF OTHER

24

INSTITUTIONS REPORT.—Not

25

after the date of the enactment of this Act, the Sec-

later than 180 days

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43
1

retary shall submit a report to the appropriate con-

2

gressional committees on the feasibility of—

3

(A) establishing a system to monitor the

4

treatment of nonimmigrants holding an A–3

5

visa or a G–5 visa who have been admitted to

6

the United States;

7

(B) a range of compensation approaches,

8

such as a bond program, compensation fund, or

9

insurance scheme, to ensure that such non-

10

immigrants receive appropriate compensation if

11

their employers violate the terms of their em-

12

ployment contracts; and

13

(C) with respect to each proposed com-

14

pensation approach described in subparagraph

15

(B), an evaluation and proposal describing the

16

proposed processes for—

17

(i) adjudicating claims of rights viola-

18

tions;

19

(ii) determining the level of compensa-

20

tion; and

21

(iii) administering the program, fund,

22

or scheme.

23

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24

(e) ASSISTANCE
TIONS.—The

TO

LAW ENFORCEMENT INVESTIGA-

Secretary shall cooperate, to the fullest ex-

25 tent possible consistent with the United States obligations

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44
1 under the Vienna Convention on Diplomatic Relations,
2 done at Vienna, April 18, 1961, (23 U.S.T. 3229), with
3 any investigation by United States law enforcement au4 thorities of crimes related to abuse or exploitation of a
5 nonimmigrant holding an A–3 visa or a G–5 visa.
6

(f) DEFINITIONS.—In this section:

7

(1) A–3

term ‘‘A–3 visa’’ means a

8

nonimmigrant visa issued pursuant to section

9

101(a)(15)(A)(iii) of the Immigration and Nation-

10

ality Act (8 U.S.C. 1101(a)(15)(A)(iii)).

11

(2) G–5

VISA.—The

term ‘‘G–5 visa’’ means a

12

nonimmigrant visa issued pursuant to section

13

101(a)(15)(G)(v) of the Immigration and Nation-

14

ality Act (8 U.S.C. 1101(a)(15)(G)(v)).

15
16

(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.

17

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VISA.—The

(4) APPROPRIATE

18

TEES.—The

19

mittees’’ means—

CONGRESSIONAL

term ‘‘appropriate congressional com-

20

(A) the Committee on Foreign Affairs and

21

the Committee on the Judiciary of the House of

22

Representatives; and

23

(B) the Committee on Foreign Relations

24

and the Committee on the Judiciary of the Sen-

25

ate.

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45
1

SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING AC-

2

TIONS ON PETITIONS AND APPLICATIONS

3

FOR RELIEF.

4

Section 237 of the Immigration and Nationality Act

5 (8 U.S.C. 1227) is amended by adding at the end the fol6 lowing:
7

‘‘(d)(1) If the Secretary of Homeland Security deter-

8 mines that an application for nonimmigrant status under
9 subparagraph (T) or (U) of section 101(a)(15) filed for
10 an alien in the United States sets forth a prima facie case
11 for approval, the Secretary may grant the alien an admin12 istrative stay of a final order of removal under section
13 241(c)(2) until—
14

‘‘(A) the application for nonimmigrant status

15

under such subparagraph (T) or (U) is approved; or

16

‘‘(B) there is a final administrative denial of

17

the application for such nonimmigrant status after

18

the exhaustion of administrative appeals.

19

‘‘(2) The denial of a request for an administrative

20 stay of removal under this subsection shall not preclude
21 the alien from applying for a stay of removal, deferred
22 action, or a continuance or abeyance of removal pro23 ceedings under any other provision of the immigration

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24 laws of the United States.
25

‘‘(3) During any period in which the administrative

26 stay of removal is in effect, the alien shall not be removed.
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46
1

‘‘(4) Nothing in this subsection may be construed to

2 limit the authority of the Secretary of Homeland Security
3 or the Attorney General to grant a stay of removal or de4 portation in any case not described in this subsection.’’.
5

SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTIN-

6
7

UED PRESENCE IN THE UNITED STATES.

(a) EXPANSION OF AUTHORITY.—

8
9
10

(1) IN

U.S.C. 7105(c)(3)) is amended to read as follows:
‘‘(3) AUTHORITY

TO PERMIT CONTINUED PRES-

ENCE IN THE UNITED STATES.—

13

‘‘(A) TRAFFICKING

14

‘‘(i) IN

VICTIMS.—

GENERAL.—If

a Federal law

15

enforcement official files an application

16

stating that an alien is a victim of a severe

17

form of trafficking and may be a potential

18

witness to such trafficking, the Secretary

19

of Homeland Security may permit the alien

20

to remain in the United States to facilitate

21

the investigation and prosecution of those

22

responsible for such crime.

23

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107(c)(3) of the

Trafficking Victims Protection Act of 2000 (22

11
12

GENERAL.—Section

‘‘(ii)

SAFETY.—While

investigating

24

and prosecuting suspected traffickers, Fed-

25

eral law enforcement officials described in

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47
1

clause (i) shall endeavor to make reason-

2

able efforts to protect the safety of traf-

3

ficking victims, including taking measures

4

to protect trafficked persons and their

5

family members from intimidation, threats

6

of reprisals, and reprisals from traffickers

7

and their associates.

8

‘‘(iii)

9

ENCE.—The

OF

Secretary shall permit an

alien described in clause (i) who has filed

11

a civil action under section 1595 of title

12

18, United States Code, to remain in the

13

United States until such action is con-

14

cluded. If the Secretary, in consultation

15

with the Attorney General, determines that

16

the alien has failed to exercise due dili-

17

gence in pursuing such action, the Sec-

18

retary may revoke the order permitting the

19

alien to remain in the United States.
‘‘(iv)

EXCEPTION.—Notwithstanding

21

clause (iii), an alien described in such

22

clause may be deported before the conclu-

23

sion of the administrative and legal pro-

24

ceedings related to a complaint described

25

in such clause if such alien is inadmissible

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10

20

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1

under

2

(2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i),

3

(3)(A)(iii), (3)(B), or (3)(C) of section

4

212(a) of the Immigration and Nationality

5

Act (8 U.S.C. 1182(a)).

6

‘‘(B) PAROLE

(2)(A)(i)(II),

FOR RELATIVES.—Law

en-

forcement officials may submit written requests

8

to the Secretary of Homeland Security, in ac-

9

cordance with section 240A(b)(6) of the Immi-

10

gration

11

1229b(b)(6)), to permit the parole into the

12

United States of certain relatives of an alien de-

13

scribed in subparagraph (A)(i).

and

Nationality

‘‘(C) STATE

Act

(8

U.S.C.

AND LOCAL LAW ENFORCE-

15

MENT.—The

16

in consultation with the Attorney General,

17

shall—

Secretary of Homeland Security,

18

‘‘(i) develop materials to assist State

19

and local law enforcement officials in work-

20

ing with Federal law enforcement to obtain

21

continued presence for victims of a severe

22

form of trafficking in cases investigated or

23

prosecuted at the State or local level; and

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7

14

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1

‘‘(ii) distribute the materials devel-

2

oped under clause (i) to State and local

3

law enforcement officials.’’.

4

(2) EFFECTIVE

5

DATE.—The

amendment made

by paragraph (1)—

6

(A) shall take effect on the date of the en-

7

actment of this Act;

8

(B) shall apply to pending requests for

9

continued presence filed pursuant to section

10

107(c)(3) of the Trafficking Victims Protection

11

Act (22 U.S.C. 7105(c)(3)) and requests filed

12

on or after such date; and

13

(C) may not be applied to an alien who is

14

not present in the United States.

15
16

(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.—Section

240A(b) of the Immigration and Nation-

17 ality Act (8 U.S.C. 1229b(b)) is amended by adding at

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18 the end the following:
19

‘‘(6) RELATIVES

20

‘‘(A) IN

OF TRAFFICKING VICTIMS.—

GENERAL.—Upon

written request

21

by a law enforcement official, the Secretary of

22

Homeland Security may parole under section

23

212(d)(5) any alien who is a relative of an alien

24

granted

25

107(c)(3)(A) of the Trafficking Victims Protec-

continued

presence

under

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section

50
1

tion Act (22 U.S.C. 7105(c)(3)(A)), if the rel-

2

ative—

3

‘‘(i) was, on the date on which law en-

4

forcement applied for such continued pres-

5

ence—

6

‘‘(I) in the case of an alien grant-

7

ed continued presence who is under

8

21 years of age, the spouse, child,

9

parent, or unmarried sibling under 18

10

years of age, of the alien; or

11

‘‘(II) in the case of an alien

12

granted continued presence who is 21

13

years of age or older, the spouse or

14

child of the alien; or

15

‘‘(ii) is a parent or sibling of the alien

16

who the requesting law enforcement offi-

17

cial, in consultation with the Secretary of

18

Homeland Security, as appropriate, deter-

19

mines to be in present danger of retaliation

20

as a result of the alien’s escape from the

21

severe form of trafficking or cooperation

22

with law enforcement, irrespective of age.

23

‘‘(B) DURATION

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24

‘‘(i) IN

25

OF PAROLE.—

GENERAL.—The

may extend the parole granted under sub-

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1

paragraph (A) until the final adjudication

2

of the application filed by the principal

3

alien under section 101(a)(15)(T)(ii).

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4

‘‘(ii) OTHER

LIMITS ON DURATION.—

5

If an application described in clause (i) is

6

not filed, the parole granted under sub-

7

paragraph (A) may extend until the later

8

of—

9

‘‘(I) the date on which the prin-

10

cipal alien’s authority to remain in the

11

United

12

107(c)(3)(A) of the Trafficking Vic-

13

tims

14

7105(c)(3)(A)) is terminated; or

States

Protection

under

Act

(22

U.S.C.

15

‘‘(II) the date on which a civil ac-

16

tion filed by the principal alien under

17

section 1595 of title 18, United States

18

Code, is concluded.

19

‘‘(iii) DUE

DILIGENCE.—Failure

by

20

the principal alien to exercise due diligence

21

in filing a visa petition on behalf of an

22

alien described in clause (i) or (ii) of sub-

23

paragraph (A), or in pursuing the civil ac-

24

tion described in clause (ii)(II) (as deter-

25

mined by the Secretary of Homeland Secu-

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1

rity in consultation with the Attorney Gen-

2

eral), may result in revocation of parole.

3

‘‘(C) OTHER

LIMITATIONS.—A

relative

4

may not be granted parole under this para-

5

graph if—

6

‘‘(i) the Secretary of Homeland Secu-

7

rity or the Attorney General has reason to

8

believe that the relative was knowingly

9

complicit in the trafficking of an alien per-

10

mitted to remain in the United States

11

under section 107(c)(3)(A) of the Traf-

12

ficking Victims Protection Act (22 U.S.C.

13

7105(c)(3)(A)); or

14

‘‘(ii) the relative is an alien described

15

in paragraph (2) or (3) of section 212(a)

16

or

17

237(a).’’.

paragraph

(2)

or

(4)

of

section

19

Subtitle B—Assistance for
Trafficking Victims

20

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STA-

18

21
22

TUS APPLICANTS.

(a) IN GENERAL.—Section 431(c) of the Personal

23 Responsibility and Work Opportunity Reconciliation Act

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24 of 1996 (8 U.S.C. 1641(c)) is amended—

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1

(1) in paragraph (2)(B), by striking ‘‘or’’ at the

2

end;

3

(2) in paragraph (3)(B), by striking the period

4

at the end and inserting ‘‘; or’’; and

5

(3) by inserting after paragraph (3) the fol-

6

lowing:

7

‘‘(4) an alien who has been granted non-

8

immigrant status under section 101(a)(15)(T) of the

9

Immigration

and

Nationality

Act

(8

U.S.C.

10

1101(a)(15)(T)) or who has a pending application

11

that sets forth a prima facie case for eligibility for

12

such nonimmigrant status.’’.

13

(b) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall apply to applications for public bene15 fits and public benefits provided on or after the date of
16 the enactment of this Act without regard to whether regu17 lations have been implemented to carry out such amend18 ments.
19

SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.

20

(a) IN GENERAL.—Section 107(b)(1) of the Traf-

21 ficking Victims Protection Act of 2000 (22 U.S.C.

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22 7105(b)(1)) is amended—
23

(1) in subparagraph (E)(i)(I), by inserting ‘‘or

24

is unable to cooperate with such a request due to

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1

physical or psychological trauma’’ before the semi-

2

colon; and

3

(2) by adding at the end the following:

4

‘‘(F) ELIGIBILITY

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5

FOR INTERIM ASSIST-

ANCE OF CHILDREN.—

6

‘‘(i) DETERMINATION.—Upon receiv-

7

ing credible information that a child de-

8

scribed in subparagraph (C)(ii)(I) who is

9

seeking assistance under this paragraph

10

may have been subjected to a severe form

11

of trafficking in persons, the Secretary of

12

Health and Human Services shall promptly

13

determine if the child is eligible for interim

14

assistance under this paragraph. The Sec-

15

retary shall have exclusive authority to

16

make interim eligibility determinations

17

under this clause. A determination of in-

18

terim eligibility under this clause shall not

19

affect

20

whether a child is a victim of a severe form

21

of trafficking.

the

independent

determination

22

‘‘(ii) NOTIFICATION.—The Secretary

23

of Health and Human Services shall notify

24

the Attorney General and the Secretary of

25

Homeland Security not later than 24 hours

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after all interim eligibility determinations

2

have been made under clause (i).

3

‘‘(iii) DURATION.—Assistance under

4

this paragraph may be provided to individ-

5

uals determined to be eligible under clause

6

(i) for a period of up to 90 days and may

7

be extended for an additional 30 days.

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8

‘‘(iv) LONG-TERM

ASSISTANCE

9

CHILDREN.—

10

‘‘(I)

11

TION.—Before

12

period for interim assistance under

13

clause (iii), the Secretary of Health

14

and Human Services shall determine

15

if the child referred to in clause (i) is

16

eligible for assistance under this para-

17

graph.

ELIGIBILITY

DETERMINA-

the expiration of the

18

‘‘(II) CONSULTATION.—In mak-

19

ing a determination under subclause

20

(I), the Secretary shall consult with

21

the Attorney General, the Secretary of

22

Homeland Security, and nongovern-

23

mental organizations with expertise on

24

victims of severe form of trafficking.

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1

‘‘(III)

LETTER

OF

ELIGI-

2

BILITY.—If

3

ceiving information the Secretary be-

4

lieves, taken as a whole, indicates that

5

the child is eligible for assistance

6

under this paragraph, the Secretary

7

shall issue a letter of eligibility. The

8

Secretary may not require that the

9

child cooperate with law enforcement

10

as a condition for receiving such letter

11

of eligibility.

12

the Secretary, after re-

‘‘(G) NOTIFICATION

OF CHILDREN FOR IN-

13

TERIM ASSISTANCE.—Not

14

after a Federal, State, or local official discovers

15

that a person who is under 18 years of age may

16

be a victim of a severe form of trafficking in

17

persons, the official shall notify the Secretary of

18

Health and Human Services to facilitate the

19

provision of interim assistance under subpara-

20

graph (F).’’.

21

(b) TRAINING

OF

later than 24 hours

GOVERNMENT PERSONNEL.—Sec-

22 tion 107(c)(4) of the Trafficking Victims Protection Act

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23 of 2000 (22 U.S.C. 7105(c)(4)) is amended—
24

(1) by inserting ‘‘, the Department of Home-

25

land Security, the Department of Health and

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Human Services,’’ after ‘‘the Department of State’’;

2

and

3

(2) by inserting ‘‘, including juvenile victims.

4

The Attorney General and the Secretary of Health

5

and Human Services shall provide training to State

6

and local officials to improve the identification and

7

protection of such victims’’ before the period at the

8

end.

9

SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF

10

TRAFFICKING IN PERSONS.

11
12

(a) AMENDMENTS
TECTION

13

ACT OF 2000.—
(1) ASSISTANCE

FOR UNITED STATES CITIZENS

14

AND

15

107 of the Trafficking Victims Protection Act of

16

2000 (22 U.S.C. 7105) is amended by inserting

17

after subsection (e) the following:

18

‘‘(f) ASSISTANCE

19

AND

LAWFUL

PERMANENT

FOR

RESIDENTS.—Section

UNITED STATES CITIZENS

LAWFUL PERMANENT RESIDENTS.—

20

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TRAFFICKING VICTIMS PRO-

TO

‘‘(1) IN

GENERAL.—The

Secretary of Health

21

and Human Services and the Attorney General, in

22

consultation with the Secretary of Labor, shall es-

23

tablish a program to assist United States citizens

24

and aliens lawfully admitted for permanent residence

25

(as defined in section 101(a)(20) of the Immigration

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1

and Nationality Act (8 U.S.C. 1101(a)(20))) who

2

are victims of severe forms of trafficking. In deter-

3

mining the assistance that would be most beneficial

4

for such victims, the Secretary and the Attorney

5

General shall consult with nongovernmental organi-

6

zations that provide services to victims of severe

7

forms of trafficking in the United States.

8

‘‘(2) USE

tion to specialized services required for victims de-

10

scribed in paragraph (1), the program established

11

pursuant to paragraph (1) shall—

12

‘‘(A) facilitate communication and coordi-

13

nation between the providers of assistance to

14

such victims;
‘‘(B) provide a means to identify such pro-

16

viders; and

17

‘‘(C) provide a means to make referrals to

18

programs for which such victims are already eli-

19

gible, including programs administered by the

20

Department of Justice and the Department of

21

Health and Human Services.

22

‘‘(3) GRANTS.—

23

‘‘(A) IN

GENERAL.—The

Secretary of

24

Health and Human Services and the Attorney

25

General may award grants to States, Indian

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addi-

9

15

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1

tribes, units of local government, and nonprofit,

2

nongovernmental victim service organizations to

3

develop, expand, and strengthen victim service

4

programs authorized under this subsection.

5

‘‘(B) MAXIMUM

SHARE.—The

6

Federal share of a grant awarded under this

7

paragraph may not exceed 75 percent of the

8

total costs of the projects described in the appli-

9

cation submitted by the grantee.’’.

10

(2) AUTHORIZATION

OF

APPROPRIATIONS.—

11

Section 113 of the Trafficking Victims Protection

12

Act of 2000 (22 U.S.C. 7110) is amended—

13

(A) in subsection (b)—

14

(i) by striking ‘‘To carry out’’ and in-

15

serting the following:

16
17

‘‘(1) ELIGIBILITY
ANCE.—To

FOR BENEFITS AND ASSIST-

carry out’’; and

18

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FEDERAL

(ii) by adding at the end the fol-

19

lowing:

20

‘‘(2) ADDITIONAL

BENEFITS FOR TRAFFICKING

21

VICTIMS.—To

22

107(f), there are authorized to be appropriated to

23

the Secretary of Health and Human Services—

24

‘‘(A) $2,500,000 for fiscal year 2008;

25

‘‘(B) $5,000,0000 for fiscal year 2009;

carry out the purposes of section

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1

‘‘(C) $7,000,000 for fiscal year 2010; and

2

‘‘(D) $7,000,000 for fiscal year 2011.’’;

3

and

4

(B) in subsection (d)—

5

(i) by striking ‘‘To carry out the pur-

6

poses of section 107(b)’’ and inserting the

7

following:

8

‘‘(A) ELIGIBILITY

9

SISTANCE.—To

10

carry out the purposes of sec-

tion 107(b)’’;

11

(ii) by striking ‘‘To carry out the pur-

12

poses of section 134’’ and inserting the fol-

13

lowing:

14

‘‘(B) ASSISTANCE

15

TRIES.—To

16

134’’; and

17

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FOR BENEFITS AND AS-

TO

FOREIGN

carry out the purposes of section

(iii) by adding at the end the fol-

18

lowing:

19

‘‘(C) ADDITIONAL

BENEFITS FOR TRAF-

20

FICKING VICTIMS.—To

carry out the purposes

21

of section 107(f), there are authorized to be ap-

22

propriated to the Attorney General—

23

‘‘(i) $2,500,000 for fiscal year 2008;

24

‘‘(ii) $5,000,0000 for fiscal year 2009;

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1

‘‘(iii) $7,000,000 for fiscal year 2010;

2

and

3

‘‘(iv)

4

for

fiscal

(3)

TECHNICAL

ASSISTANCE.—Section

6

107(b)(2)(B)(ii) of the Trafficking Victims Protec-

7

tion Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is

8

amended to read as follows:

9

‘‘(ii) 5 percent for training and tech-

10

nical assistance, including increasing ca-

11

pacity and expertise on security for and

12

protection of service providers from intimi-

13

dation or retaliation for their activities.’’.

14

(b) STUDY.—

15

(1) REQUIREMENT.—Not later than 1 year

16

after the date of the enactment of this Act, the At-

17

torney General and the Secretary of Health and

18

Human Services shall submit a report to the appro-

19

priate congressional committees that identifies the

20

existence and extent of any service gap between vic-

21

tims described in section 107(b)(1) of the Traf-

22

ficking Victims Protection Act of 2000 (22 U.S.C.

23

7105) and individuals described in section 107(f) of

24

such Act, as amended by section 213(a) of this Act.

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year

2011.’’.

5

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1

(2) ELEMENTS.—In carrying out the study

2

under subparagraph (1), the Attorney General and

3

the Secretary of Health and Human Services shall—

4

(A) investigate factors relating to the legal

5

ability of the victims described in paragraph (1)

6

to access government-funded social services in

7

general, including the application of the Per-

8

sonal Responsibility and Work Opportunity

9

Reconciliation

of

1996

(8

1641(c)(5)) and the Illegal Immigration and

11

Immigrant Responsibility Act of 1996 (division

12

C of Public Law 104–208; 110 Stat. 3009 et

13

seq.);

14

(B) investigate any other impediments to

15

the access of the victims described in paragraph

16

(1) to government-funded social services;

17

(C) investigate any impediments to the ac-

18

cess of the victims described in paragraph (1)

19

to government-funded services targeted to vic-

20

tims of severe forms of trafficking;
(D) investigate the effect of trafficking

22

service-provider

23

continuity of care, and availability of case-

24

workers on the eventual restoration and reha-

infrastructure

development,

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U.S.C.

10

21

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1

bilitation of the victims described in paragraph

2

(1); and

3

(E) include findings, best practices, and

4

recommendations, if any, based on the study of

5

the elements described in subparagraphs (A)

6

through (D) and any other related information.

8

Subtitle C—Penalties Against
Traffickers and Other Crimes

9

SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCE-

7

10

MENT OF CIVIL ACTION.

11

Chapter 77 of title 18, United States Code, is amend-

12 ed—
13

(1) in section 1593(b), by adding at the end the

14

following:

15

‘‘(4) The forfeiture of property under this subsection

16 shall be governed by the provisions of section 413 (other
17 than subsection (d) of such section) of the Controlled Sub18 stances Act (21 U.S.C. 853).’’; and
19

(2) in section 1595—

20

(A) in subsection (a)—

21

(i) by striking ‘‘of section 1589, 1590,

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22

or 1591’’; and

23

(ii) by inserting ‘‘(or whoever know-

24

ingly benefits, financially or by receiving

25

anything of value from participation in a

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1

venture which that person knew or should

2

have known has engaged in an act in viola-

3

tion of this chapter)’’ after ‘‘perpetrator’’;

4

and

5

(B) by adding at the end the following:

6

‘‘(c) No action may be maintained under this section

7 unless it is commenced not later than 10 years after the
8 cause of action arose.’’.
9

SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OF-

10
11

FENSES.

(a) DETENTION.—Section 3142(e) of title 18, United

12 States Code, is amended—
13

(1) by redesignating paragraphs (1), (2), and

14

(3) as subparagraphs (A), (B), and (C), respectively;

15

(2) by inserting ‘‘(1)’’ before ‘‘If, after a hear-

16

ing’’;

17

(3) by inserting ‘‘(2)’’ before ‘‘In a case’’;

18

(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebut-

19

tal’’;

20

(5) by striking ‘‘paragraph (1) of this sub-

21

section’’ each place it appears and inserting ‘‘sub-

22

paragraph (A)’’;

23

(6) in paragraph (3), as redesignated—

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24

(A) by striking ‘‘committed an offense’’

25

and inserting the following: ‘‘committed—

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‘‘(A) an offense’’;

2

(B) by striking ‘‘46, an offense’’ and in-

3

serting the following: ‘‘46;

4

‘‘(B) an offense’’;

5

(C) by striking ‘‘title, or an offense’’ and

6

inserting the following: ‘‘title;

7

‘‘(C) an offense’’; and

8

(D) by striking ‘‘prescribed or an offense’’

9

and inserting the following: ‘‘prescribed;

10

‘‘(D) an offense under chapter 77 of this title

11

for which a maximum term of imprisonment of 20

12

years or more is prescribed; or

13
14

‘‘(E) an offense’’.
(b) PREVENTING OBSTRUCTION.—

15

(1)

ENTICEMENT

INTO

SLAVERY.—Section

16

1583 of title 18, United States Code, is amended to

17

read as follows:

18 ‘‘§ 1583. Enticement into slavery

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19

‘‘(a) Whoever—

20

‘‘(1) kidnaps or carries away any other person,

21

with the intent that such other person be sold into

22

involuntary servitude, or held as a slave;

23

‘‘(2) entices, persuades, or induces any other

24

person to go on board any vessel or to any other

25

place with the intent that he or she may be made

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1

or held as a slave, or sent out of the country to be

2

so made or held; or

3

‘‘(3) obstructs, or attempts to obstruct, or in

4

any way interferes with or prevents the enforcement

5

of this section,

6 shall be fined under this title, imprisoned not more than
7 20 years, or both.
8

‘‘(b) Whoever violates this section shall be fined

9 under this title, imprisoned for any term of years or for
10 life, or both if—
11
12

‘‘(1) the violation results in the death of the
victim; or

13

‘‘(2) the violation includes kidnaping, an at-

14

tempt to kidnap, aggravated sexual abuse, an at-

15

tempt to commit aggravated sexual abuse, or an at-

16

tempt to kill.’’.

17

(2) SALE

18

Section 1584 of such title is amended—

19

(A) by striking ‘‘Whoever’’ and inserting

20
21

the following:
‘‘(a) Whoever’’; and

22
23

INTO INVOLUNTARY SERVITUDE.—

(B) by adding at the end the following:
‘‘(b) Whoever obstructs, attempts to obstruct, or in

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24 any way interferes with or prevents the enforcement of

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1 this section, shall be subject to the penalties described in
2 subsection (a).’’.
3

(3) PUNISHING

FINANCIAL GAIN FROM TRAF-

4

FICKED

5

amended to read as follows:

6

LABOR.—Section

1589 of such title is

‘‘SEC. 1589. FORCED LABOR.

7

‘‘(a) Whoever knowingly provides or obtains the labor

8 or services of a person by any one of, or by any combina9 tion of, the following means—
10

‘‘(1) by means of force, threats of force, phys-

11

ical restraint, or threats of physical restraint to that

12

person or another person;

13
14

‘‘(2) by means of serious harm or threats of serious harm to that person or another person;

15
16

‘‘(3) by means of the abuse or threatened abuse
of law or legal process; or

17

‘‘(4) by means of any scheme, plan, or pattern

18

intended to cause the person to believe that, if that

19

person did not perform such labor or services, that

20

person or another person would suffer serious harm

21

or physical restraint,

22 shall be punished as provided under subsection (d).
23

‘‘(b) Whoever knowingly benefits, financially or by re-

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24 ceiving anything of value, from participation in a venture
25 which has engaged in the providing or obtaining of labor

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1 or services by any of the means described in subsection
2 (a), knowing or in reckless disregard of the fact that the
3 venture has engaged in the providing or obtaining of labor
4 or services by any of such means, shall be punished as
5 provided in subsection (d).
6

‘‘(c) In this section:

7

‘‘(1) The term ‘abuse or threatened abuse of

8

law or legal process’ means the use or threatened

9

use of a law or legal process, whether administrative,

10

civil, or criminal, in any manner or for any purpose

11

for which the law was not designed, in order to exert

12

pressure on another person to cause that person to

13

take some action or refrain from taking some action.

14

‘‘(2) The term ‘serious harm’ means any harm,

15

whether physical or nonphysical, including psycho-

16

logical, financial, or reputational harm, that is suffi-

17

ciently serious, under all the surrounding cir-

18

cumstances, to compel a reasonable person of the

19

same background and in the same circumstances to

20

perform or to continue performing labor or services

21

in order to avoid incurring that harm.

22

‘‘(d) Whoever violates this section shall be fined

23 under this title, imprisoned not more than 20 years, or

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24 both. If death results from a violation of this section, or
25 if the violation includes kidnaping, an attempt to kidnap,

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1 aggravated sexual abuse, or an attempt to kill, the defend2 ant shall be fined under this title, imprisoned for any term
3 of years or life, or both.’’.
4
5

(4) TRAFFICKING.—Section 1590 of such title
is amended—

6

(A) by striking ‘‘Whoever’’ and inserting

7
8

the following:
‘‘(a) Whoever’’; and

9
10

(B) by adding at the end the following:
‘‘(b) Whoever obstructs, attempts to obstruct, or in

11 any way interferes with or prevents the enforcement of
12 this section, shall be subject to the penalties under sub13 section (a).’’.
14
15

(5) SEX

1591 of such title is amended—

16

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TRAFFICKING OF CHILDREN.—Section

(A) in subsection (a)—

17

(i) in paragraph (1), by striking ‘‘or

18

obtains’’ and inserting ‘‘obtains, or main-

19

tains’’; and

20

(ii) in the matter following paragraph

21

(2), by striking ‘‘that force, fraud, or coer-

22

cion described in subsection (c)(2)’’ and in-

23

serting ‘‘, or in reckless disregard of the

24

fact, that means of force, threats of force,

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fraud, coercion described in subsection

2

(e)(2), or any combination of such means’’;

3

(B) by redesignating subsection (c) as sub-

4

section (e);

5

(C) in subsection (b)(1), by striking ‘‘force,

6

fraud, or coercion’’ and inserting ‘‘means of

7

force, threats of force, fraud, or coercion de-

8

scribed in subsection (e)(2), or by any combina-

9

tion of such means,’’;

10

(D) by inserting after subsection (b) the

11
12

following:
‘‘(c) In a prosecution under subsection (a)(1) in

13 which the defendant had a reasonable opportunity to ob14 serve the person so recruited, enticed, harbored, trans15 ported, provided, obtained or maintained, the Government
16 need not prove that the defendant knew that the person
17 had not attained the age of 18 years.
18

‘‘(d) Whoever obstructs, attempts to obstruct, or in

19 any way interferes with or prevents the enforcement of
20 this section, shall be fined under this title, imprisoned for
21 a term not to exceed 20 years, or both.’’;
22

(E) in subsection (e), as redesignated—

23

(i) by redesignating paragraph (3) as

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24

paragraph (5);

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1

(ii) by redesignating paragraph (1) as

2

paragraph (3);

3

(iii) by inserting before paragraph (2)

4

the following:

5

‘‘(1) The term ‘abuse or threatened abuse of

6

law or legal process’ means the use or threatened

7

use of a law or legal process, whether administrative,

8

civil, or criminal, in any manner or for any purpose

9

for which the law was not designed, in order to exert

10

pressure on another person to cause that person to

11

take some action or refrain from taking some ac-

12

tion.’’; and

13

(iv) by inserting after paragraph (3),

14

as redesignated, the following:

15

‘‘(4) The term ‘serious harm’ means any harm,

16

whether physical or nonphysical, including psycho-

17

logical, financial, or reputational harm, that is suffi-

18

ciently serious, under all the surrounding cir-

19

cumstances, to compel a reasonable person of the

20

same background and in the same circumstances to

21

perform or to continue performing commercial sex-

22

ual activity in order to avoid incurring that harm.’’.

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23

(6) UNLAWFUL

CONDUCT.—Section

24

such title is amended by adding at the end the fol-

25

lowing:

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1

‘‘(c) Whoever obstructs, attempts to obstruct, or in

2 any way interferes with or prevents the enforcement of
3 this section, shall be subject to the penalties described in
4 subsection (a).’’.
5

(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Sec-

6 tion 1594 of title 18, United States Code, is amended—
7

(1) by redesignating subsections (b), (c), and

8

(d) as subsections (d), (e), and (f), respectively; and

9

(2) by inserting after subsection (a) the fol-

10

lowing:

11

‘‘(b) Whoever conspires with another to violate sec-

12 tion 1581, 1583, 1589, 1590, or 1592 shall be punished
13 in the same manner as a completed violation of such sec14 tion.
15

‘‘(c) Whoever conspires with another to violate sec-

16 tion 1591 shall be fined under this title, imprisoned for
17 any term of years or for life, or both.’’.
18

(d) BENEFITTING FINANCIALLY FROM PEONAGE,

19 SLAVERY, AND TRAFFICKING IN PERSONS.—

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20

(1) IN

GENERAL.—Chapter

77 of title 18,

21

United States Code, is amended by inserting after

22

section 1593 the following:

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1 ‘‘§ 1593A. Benefitting financially from peonage, slav2

ery, and trafficking in persons

3

‘‘Whoever knowingly benefits, financially or by receiv-

4 ing anything of value, from participation in a venture
5 which has engaged in any act in violation of section
6 1581(a), 1592, or 1595(a), knowing or in reckless dis7 regard of the fact that the venture has engaged in such
8 violation, shall be fined under this title or imprisoned in
9 the same manner as a completed violation of such sec10 tion.’’.
11

(2) CLERICAL

AMENDMENT.—The

table of sec-

12

tions at the beginning of such chapter is amended

13

by inserting after the item relating to section 1593

14

the following:
‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in
persons.’’.

15
16

(e)

RETALIATION

TRACTING.—Chapter

IN

FOREIGN

LABOR

CON-

63 of title 18, United States Code,

17 is amended—
18

(1) in the chapter heading, by adding at the

19

end the following: ‘‘AND OTHER FRAUD OF-

20

FENSES’’;

21

(2) by adding at the end the following:

22 ‘‘§ 1351. Fraud in foreign labor contracting

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23

‘‘Whoever knowingly and with intent to defraud re-

24 cruits, solicits or hires a person outside the United States
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1 for purposes of employment in the United States by means
2 of materially false or fraudulent pretenses, representations
3 or promises regarding that employment shall be fined
4 under this title or imprisoned for not more than 5 years,
5 or both.’’; and
6

(3) in the table of sections, by inserting after

7

the item relating to section 1350 the following:
‘‘1351. Fraud in foreign labor contracting.’’.

8

(f) TIGHTENING IMMIGRATION PROHIBITIONS.—

9

(1) GROUND

10

FICKING.—Section

11

tion

12

1182(a)(2)(H)(i)) is amended by striking ‘‘who is

13

listed in a report submitted pursuant to section

14

111(b) of the Trafficking Victims Protection Act of

15

2000’’ and inserting ‘‘who commits or conspires to

16

commit human trafficking offenses in the United

17

States or outside the United States’’.

18

and

(2)

212(a)(2)(H)(i) of the Immigra-

Nationality

GROUND

OF

Act

(8

U.S.C.

REMOVABILITY.—Section

19

237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is

20

amended by adding at the end the following:

21

‘‘(F) TRAFFICKING.—Any alien described

22
23
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OF INADMISSIBILITY FOR TRAF-

in section 212(a)(2)(H) is deportable.’’.
(g) AMENDMENT

TO

SENTENCING GUIDELINES.—

24 Pursuant to its authority under section 994 of title 28,
25 United States Code, the United States Sentencing Com•HR 7311 IH
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1 mission shall review and, if appropriate, amend the sen2 tencing guidelines and policy statements applicable to per3 sons convicted of alien harboring to ensure conformity
4 with the sentencing guidelines applicable to persons con5 victed of promoting a commercial sex act if—
6

(1) the harboring was committed in furtherance

7

of prostitution; and

8

(2) the defendant to be sentenced is an orga-

9

nizer, leader, manager, or supervisor of the criminal

10
11

activity.
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OF-

12
13

FENSES.

(a) IN GENERAL.—Chapter 77 of title 18, United

14 States Code, is amended by adding at the end the fol15 lowing:
16 ‘‘§ 1596. Additional jurisdiction in certain trafficking
17
18

offenses

‘‘(a) IN GENERAL.—In addition to any domestic or

19 extra-territorial jurisdiction otherwise provided by law, the
20 courts of the United States have extra-territorial jurisdic21 tion over any offense (or any attempt or conspiracy to
22 commit an offense) under section 1581, 1583, 1584, 1589,

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23 1590, or 1591 if—
24

‘‘(1) an alleged offender is a national of the

25

United States or an alien lawfully admitted for per-

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76
1

manent residence (as those terms are defined in sec-

2

tion 101 of the Immigration and Nationality Act (8

3

U.S.C. 1101)); or

4

‘‘(2) an alleged offender is present in the

5

United States, irrespective of the nationality of the

6

alleged offender.

7

‘‘(b) LIMITATION

8 PROSECUTED

IN

ON

PROSECUTIONS

OF

OFFENSES

OTHER COUNTRIES.—No prosecution

9 may be commenced against a person under this section
10 if a foreign government, in accordance with jurisdiction
11 recognized by the United States, has prosecuted or is pros12 ecuting such person for the conduct constituting such of13 fense, except upon the approval of the Attorney General
14 or the Deputy Attorney General (or a person acting in
15 either such capacity), which function of approval may not
16 be delegated.’’.
17

(b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 77 of title 18, United States
19 Code, is amended by adding at the end the following:
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’.

20

SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OF-

21
22

FENDER PENALTIES FOR SEX TRAFFICKING.

(a)

RELEASE

AND

DETENTION.—Subsections

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23 (f)(1)(A) and (g)(1) of section 3142 of title 18, United
24 States Code, are amended by striking ‘‘violence,’’ each

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77
1 place such term appears and inserting ‘‘violence, a viola2 tion of section 1591,’’.
3

(b) SUBPOENAS.—Section 3486(a)(1)(D) of title 18,

4 United States Code, is amended by inserting ‘‘1591,’’
5 after ‘‘1201,’’.
6

(c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of

7 title 18, United States Code, is amended, by striking ‘‘or
8 chapter 110’’ and inserting ‘‘chapter 110, or section
9 1591’’.
10

SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT.

11

(a) RELATIONSHIP AMONG FEDERAL

AND

STATE

12 LAW.—Nothing in this Act, the Trafficking Victims Pro13 tection Act of 2000, the Trafficking Victims Protection
14 Reauthorization Act of 2003, the Trafficking Victims Pro15 tection Reauthorization Act of 2005, chapters 77 and 117
16 of title 18, United States Code, or any model law issued
17 by the Department of Justice to carry out the purposes
18 of any of the aforementioned statutes—
19
20

(1) may be construed to treat prostitution as a
valid form of employment under Federal law; or

21

(2) shall preempt, supplant, or limit the effect

22

of any State or Federal criminal law.

23

(b) MODEL STATE CRIMINAL PROVISIONS.—In addi-

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24 tion to any model State antitrafficking statutes in effect
25 on the date of the enactment of this Act, the Attorney

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1 General shall facilitate the promulgation of a model State
2 statute that—
3

(1) furthers a comprehensive approach to inves-

4

tigation and prosecution through modernization of

5

State and local prostitution and pandering statutes;

6

and

7

(2) is based in part on the provisions of the Act

8

of August 15, 1935 (49 Stat. 651; D.C. Code 22–

9

2701 et seq.) (relating to prostitution and pan-

10

dering).

11

(c) DISTRIBUTION.—The model statute described in

12 subsection (b) and the text of chapter 27 of the Criminal
13 Code of the District of Columbia (D.C. Code 22–2701 et
14 seq.) shall be—
15

(1) posted on the website of the Department of

16

Justice; and

17

(2) distributed to the Attorney General of each

18

State.

20

Subtitle D—Activities of the United
States Government

21

SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

19

22

Section 105(d)(7) of the Trafficking Victims Protec-

23 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—

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24

(1) in subparagraph (A)—

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1

(A) by striking ‘‘section 107(b)’’ and in-

2

serting ‘‘subsections (b) and (f) of section 107’’;

3

and

4

(B) by inserting ‘‘the Attorney General,’’

5

after ‘‘the Secretary of Labor,’’;

6

(2) in subparagraph (G), by striking ‘‘and’’ at

7

the end;

8
9

(3) by redesignating subparagraph (H) as subparagraph (J); and

10

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11

(4) by inserting after subparagraph (G) the following:

12

‘‘(H) activities by the Department of De-

13

fense to combat trafficking in persons, includ-

14

ing—

15

‘‘(i) educational efforts for, and dis-

16

ciplinary actions taken against, members

17

of the United States Armed Forces;

18

‘‘(ii) the development of materials

19

used to train the armed forces of foreign

20

countries; and

21

‘‘(iii) efforts to ensure that United

22

States Government contractors and their

23

employees or United States Government

24

subcontractors and their employees do not

25

engage in trafficking in persons;

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1

‘‘(I) activities or actions by Federal depart-

2

ments and agencies to enforce—

3

‘‘(i) section 106(g) and any similar

4

law, regulation, or policy relating to United

5

States Government contractors and their

6

employees or United States Government

7

subcontractors and their employees that

8

engage in severe forms of trafficking in

9

persons, the procurement of commercial

10

sex acts, or the use of forced labor, includ-

11

ing debt bondage;

12

‘‘(ii) section 307 of the Tariff Act of

13

1930 (19 U.S.C. 1307; relating to prohibi-

14

tion

15

goods), including any determinations by

16

the Secretary of Homeland Security to

17

waive the restrictions of such section; and

18

‘‘(iii) prohibitions on the procurement

19

by the United States Government of items

20

or services produced by slave labor, con-

21

sistent with Executive Order 13107 (De-

22

cember 10, 1998); and’’.

23

importation

of

convict-made

SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.

24
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on

(a) IN GENERAL.—For each of the fiscal years 2010

25 through 2012, the Inspectors General of the Department

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81
1 of Defense, the Department of State, and the United
2 States Agency for International Development shall inves3 tigate a sample of the contracts described in subsection
4 (b).
5

(b) CONTRACTS DESCRIBED.—

6

(1) IN

contracts described in

7

subsection (a) are contracts, or subcontracts at any

8

tier, under which there is a heightened risk that a

9

contractor may engage, knowingly or unknowingly,

10

in acts related to trafficking in persons, such as—

11

(A) confiscation of an employee’s passport;

12

(B) restriction on an employee’s mobility;

13

(C) abrupt or evasive repatriation of an

14

employee;

15

(D) deception of an employee regarding

16

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GENERAL.—The

the work destination; or

17

(E) acts otherwise described in section

18

106(g) of the Trafficking Victims Protection

19

Act of 2000 (22 U.S.C. 7104).

20

(2) CONSULTATION

AND

INFORMATION

21

CEIVED.—In

22

should be investigated pursuant to subsection (a),

23

the Inspectors General shall—

determining the type of contact that

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82
1

(A) consult with the Director of the Office

2

to Combat Trafficking in Persons of the De-

3

partment of State; and

4

(B) take into account any credible infor-

5

mation received regarding report of trafficking

6

in persons.

7

(c) CONGRESSIONAL NOTIFICATION.—

8

(1) IN

later than January 15,

9

2009, and annually thereafter through January 15,

10

2011, each Inspector General shall submit a report

11

to the congressional committees listed in paragraph

12

(3)—

13

(A) summarizing the findings of the inves-

14

tigations conducted in the previous year, includ-

15

ing any findings regarding trafficking in per-

16

sons or any improvements needed to prevent

17

trafficking in persons; and

18

(B) in the case of any contractor or sub-

19

contractor with regard to which the Inspector

20

General has found substantial evidence of traf-

21

ficking in persons, report as to—

22

(i) whether or not the case has been

23

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GENERAL.—Not

referred for prosecution; and

24

(ii) whether or not the case has been

25

treated in accordance with section 106(g)

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83
1

of the Trafficking Victims Protection Act

2

of 2000 (22 U.S.C. 7104) (relating to ter-

3

mination of certain grants, contracts and

4

cooperative agreements).

5

(2) JOINT

REPORT.—The

Inspectors General

6

described in subsection (a) may submit their reports

7

jointly.

8

(3) CONGRESSIONAL

9

com-

mittees list in this paragraph are—

10

(A) the Committee on Armed Services of

11

the Senate;

12

(B) the Committee on Foreign Relations of

13

the Senate;

14

(C) the Committee on Armed Services of

15

the House of Representatives; and

16

(D) the Committee on Foreign Affairs of

17
18

COMMITTEES.—The

the House of Representatives.
SEC. 233. SENIOR POLICY OPERATING GROUP.

19

Section 206 of the Trafficking Victims Protection Re-

20 authorization Act of 2005 (42 U.S.C. 14044d) is amended
21 by striking ‘‘, as the department or agency determines ap-

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22 propriate,’’.

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1

SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAF-

2

FICKERS.

3

Section 212(a)(2)(H)(i) of the Immigration and Na-

4 tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by
5 striking ‘‘consular officer’’ and inserting ‘‘consular officer,
6 the Secretary of Homeland Security, the Secretary of
7 State,’’.
8

SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAF-

9

FICKING OF CHILDREN.

10
11

(a) COMBATING CHILD TRAFFICKING
DER AND

12

PORTS

ENTRY

(1) POLICIES

OF THE

UNITED STATES.—

AND PROCEDURES.—In

order to

enhance the efforts of the United States to prevent

14

trafficking in persons, the Secretary of Homeland

15

Security, in conjunction with the Secretary of State,

16

the Attorney General, and the Secretary of Health

17

and Human Services, shall develop policies and pro-

18

cedures to ensure that unaccompanied alien children

19

in the United States are safely repatriated to their

20

country of nationality or of last habitual residence.

22

(2) SPECIAL

RULES FOR CHILDREN FROM CON-

TIGUOUS COUNTRIES.—

23

(A)

DETERMINATIONS.—Any

unaccom-

24

panied alien child who is a national or habitual

25

resident of a country that is contiguous with

26

the United States shall be treated in accordance
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13

21

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AT THE

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85
1

with subparagraph (B), if the Secretary of

2

Homeland Security determines, on a case-by-

3

case basis, that—

4

(i) such child has not been a victim of

5

a severe form of trafficking in persons, and

6

there is no credible evidence that such

7

child is at risk of being trafficked upon re-

8

turn to the child’s country of nationality or

9

of last habitual residence;

10

(ii) such child does not have a fear of

11

returning to the child’s country of nation-

12

ality or of last habitual residence owing to

13

a credible fear of persecution; and

14

(iii) the child is able to make an inde-

15

pendent decision to withdraw the child’s

16

application for admission to the United

17

States.

18

(B) RETURN.—An immigration officer who

19

finds an unaccompanied alien child described in

20

subparagraph (A) at a land border or port of

21

entry of the United States and determines that

22

such child is inadmissible under the Immigra-

23

tion and Nationality Act (8 U.S.C. 1101 et

24

seq.) may—

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86
1

(i) permit such child to withdraw the

2

child’s application for admission pursuant

3

to section 235(a)(4) of the Immigration

4

and Nationality Act (8 U.S.C. 1225(a)(4));

5

and

6

(ii) return such child to the child’s

7

country of nationality or country of last

8

habitual residence.

9

(C)

CONTIGUOUS

COUNTRY

10

MENTS.—The

11

agreements between the United States and

12

countries contiguous to the United States with

13

respect to the repatriation of children. Such

14

agreements shall be designed to protect children

15

from severe forms of trafficking in persons, and

16

shall, at a minimum, provide that—

Secretary of State shall negotiate

17

(i) no child shall be returned to the

18

child’s country of nationality or of last ha-

19

bitual residence unless returned to appro-

20

priate employees or officials, including

21

child welfare officials where available, of

22

the accepting country’s government;

23

(ii) no child shall be returned to the

24

child’s country of nationality or of last ha-

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87
1

bitual residence outside of reasonable busi-

2

ness hours; and

3

(iii) border personnel of the countries

4

that are parties to such agreements are

5

trained in the terms of such agreements.

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6

(3) RULE

FOR OTHER CHILDREN.—The

7

of unaccompanied alien children not described in

8

paragraph (2)(A) who are apprehended at the bor-

9

der of the United States or at a United States port

10

of entry shall be treated in accordance with sub-

11

section (b).

12

(4) SCREENING.—Within 48 hours of the ap-

13

prehension of a child who is believed to be described

14

in paragraph (2)(A), but in any event prior to re-

15

turning such child to the child’s country of nation-

16

ality or of last habitual residence, the child shall be

17

screened to determine whether the child meets the

18

criteria listed in paragraph (2)(A). If the child does

19

not meet such criteria, or if no determination can be

20

made within 48 hours of apprehension, the child

21

shall immediately be transferred to the Secretary of

22

Health and Human Services and treated in accord-

23

ance with subsection (b). Nothing in this paragraph

24

may be construed to preclude an earlier transfer of

25

the child.

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1
2

(5) ENSURING
CHILDREN.—

3

(A) REPATRIATION

PILOT PROGRAM.—To

4

protect children from trafficking and exploi-

5

tation, the Secretary of State shall create a

6

pilot program, in conjunction with the Secretary

7

of Health and Human Services and the Sec-

8

retary of Homeland Security, nongovernmental

9

organizations, and other national and inter-

10

national agencies and experts, to develop and

11

implement best practices to ensure the safe and

12

sustainable repatriation and reintegration of

13

unaccompanied alien children into their country

14

of nationality or of last habitual residence, in-

15

cluding placement with their families, legal

16

guardians, or other sponsoring agencies.

17

(B) ASSESSMENT

OF

COUNTRY

TIONS.—The

19

shall consult the Department of State’s Country

20

Reports on Human Rights Practices and the

21

Trafficking in Persons Report in assessing

22

whether to repatriate an unaccompanied alien

23

child to a particular country.

Secretary of Homeland Security

(C) REPORT

25

ON REPATRIATION OF UNAC-

COMPANIED ALIEN CHILDREN.—Not

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CONDI-

18

24
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later than

89
1

18 months after the date of the enactment of

2

this Act, and annually thereafter, the Secretary

3

of State and the Secretary of Health and

4

Human Services, with assistance from the Sec-

5

retary of Homeland Security, shall submit a re-

6

port to the Committee on the Judiciary of the

7

Senate and the Committee on the Judiciary of

8

the House of Representatives on efforts to im-

9

prove repatriation programs for unaccompanied

10

alien children. Such report shall include—

11

(i) the number of unaccompanied

12

alien children ordered removed and the

13

number of such children actually removed

14

from the United States;

15

(ii) a statement of the nationalities,

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16

ages, and gender of such children;

17

(iii) a description of the policies and

18

procedures used to effect the removal of

19

such children from the United States and

20

the steps taken to ensure that such chil-

21

dren were safely and humanely repatriated

22

to their country of nationality or of last

23

habitual residence, including a description

24

of the repatriation pilot program created

25

pursuant to subparagraph (A);

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90
1

(iv) a description of the type of immi-

2

gration relief sought and denied to such

3

children;

4

(v) any information gathered in as-

5

sessments of country and local conditions

6

pursuant to paragraph (2); and

7

(vi) statistical information and other

8

data on unaccompanied alien children as

9

provided for in section 462(b)(1)(J) of the

10

Homeland Security Act of 2002 (6 U.S.C.

11

279(b)(1)(J)).

12

(D)

PLACEMENT

IN

REMOVAL

13

CEEDINGS.—Any

14

sought to be removed by the Department of

15

Homeland Security, except for an unaccom-

16

panied alien child from a contiguous country

17

subject to exceptions under subsection (a)(2),

18

shall be—

unaccompanied alien child

19

(i) placed in removal proceedings

20

under section 240 of the Immigration and

21

Nationality Act (8 U.S.C. 1229a);

22

(ii) eligible for relief under section

23

240B of such Act (8 U.S.C. 1229c) at no

24

cost to the child; and

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1

(iii) provided access to counsel in ac-

2

cordance with subsection (c)(5).

3
4

(b) COMBATING CHILD TRAFFICKING
TATION IN THE

5

AND CUSTODY OF UNACCOMPANIED

6

ALIEN CHILDREN.—Consistent

7

the Homeland Security Act of 2002 (6 U.S.C. 279),

8

and except as otherwise provided under subsection

9

(a), the care and custody of all unaccompanied alien

10

children, including responsibility for their detention,

11

where appropriate, shall be the responsibility of the

12

Secretary of Health and Human Services.

with section 462 of

13

(2) NOTIFICATION.—Each department or agen-

14

cy of the Federal Government shall notify the De-

15

partment of Health and Human services within 48

16

hours upon—
(A) the apprehension or discovery of an

18

unaccompanied alien child; or

19

(B) any claim or suspicion that an alien in

20

the custody of such department or agency is

21

under 18 years of age.

22

(3) TRANSFERS

OF

UNACCOMPANIED

ALIEN

23

CHILDREN.—Except

24

cumstances, any department or agency of the Fed-

25

eral Government that has an unaccompanied alien

in the case of exceptional cir-

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EXPLOI-

UNITED STATES.—

(1) CARE

17

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AND

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child in custody shall transfer the custody of such

2

child to the Secretary of Health and Human Serv-

3

ices not later than 72 hours after determining that

4

such child is an unaccompanied alien child.

5

(4) AGE

DETERMINATIONS.—The

Secretary of

6

Health and Human Services, in consultation with

7

the Secretary of Homeland Security, shall develop

8

procedures to make a prompt determination of the

9

age of an alien, which shall be used by the Secretary

10

of Homeland Security and the Secretary of Health

11

and Human Services for children in their respective

12

custody. At a minimum, these procedures shall take

13

into account multiple forms of evidence, including

14

the non-exclusive use of radiographs, to determine

15

the age of the unaccompanied alien.

16

(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

17 CHILDREN.—

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18

(1) POLICIES

AND PROGRAMS.—The

19

of Health and Human Services, Secretary of Home-

20

land Security, Attorney General, and Secretary of

21

State shall establish policies and programs to ensure

22

that unaccompanied alien children in the United

23

States are protected from traffickers and other per-

24

sons seeking to victimize or otherwise engage such

25

children in criminal, harmful, or exploitative activity,

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including policies and programs reflecting best prac-

2

tices in witness security programs.

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3

(2) SAFE

AND SECURE PLACEMENTS.—Subject

4

to section 462(b)(2) of the Homeland Security Act

5

of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied

6

alien child in the custody of the Secretary of Health

7

and Human Services shall be promptly placed in the

8

least restrictive setting that is in the best interest of

9

the child. In making such placements, the Secretary

10

may consider danger to self, danger to the commu-

11

nity, and risk of flight. Placement of child traf-

12

ficking victims may include placement in an Unac-

13

companied Refugee Minor program, pursuant to sec-

14

tion 412(d) of the Immigration and Nationality Act

15

(8 U.S.C. 1522(d)), if a suitable family member is

16

not available to provide care. A child shall not be

17

placed in a secure facility absent a determination

18

that the child poses a danger to self or others or has

19

been charged with having committed a criminal of-

20

fense. The placement of a child in a secure facility

21

shall be reviewed, at a minimum, on a monthly

22

basis, in accordance with procedures prescribed by

23

the Secretary, to determine if such placement re-

24

mains warranted.

25

(3) SAFETY

AND SUITABILITY ASSESSMENTS.—

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1

(A) IN

to the require-

2

ments of subparagraph (B), an unaccompanied

3

alien child may not be placed with a person or

4

entity unless the Secretary of Health and

5

Human Services makes a determination that

6

the proposed custodian is capable of providing

7

for the child’s physical and mental well-being.

8

Such determination shall, at a minimum, in-

9

clude verification of the custodian’s identity and

10

relationship to the child, if any, as well as an

11

independent finding that the individual has not

12

engaged in any activity that would indicate a

13

potential risk to the child.

14

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GENERAL.—Subject

(B) HOME

STUDIES.—Before

placing the

15

child with an individual, the Secretary of

16

Health and Human Services shall determine

17

whether a home study is first necessary. A

18

home study shall be conducted for a child who

19

is a victim of a severe form of trafficking in

20

persons, a special needs child with a disability

21

(as defined in section 3 of the Americans with

22

Disabilities Act of 1990 (42 U.S.C. 12102(2))),

23

a child who has been a victim of physical or

24

sexual abuse under circumstances that indicate

25

that the child’s health or welfare has been sig-

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95
1

nificantly harmed or threatened, or a child

2

whose proposed sponsor clearly presents a risk

3

of abuse, maltreatment, exploitation, or traf-

4

ficking to the child based on all available objec-

5

tive evidence. The Secretary of Health and

6

Human Services shall conduct follow-up serv-

7

ices, during the pendency of removal pro-

8

ceedings, on children for whom a home study

9

was conducted and is authorized to conduct fol-

10

low-up services in cases involving children with

11

mental health or other needs who could benefit

12

from ongoing assistance from a social welfare

13

agency.

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14

(C) ACCESS

TO INFORMATION.—Not

15

than 2 weeks after receiving a request from the

16

Secretary of Health and Human Services, the

17

Secretary of Homeland Security shall provide

18

information necessary to conduct suitability as-

19

sessments from appropriate Federal, State, and

20

local law enforcement and immigration data-

21

bases.

22

(4) LEGAL

ORIENTATION

PRESENTATIONS.—

23

The Secretary of Health and Human Services shall

24

cooperate with the Executive Office for Immigration

25

Review to ensure that custodians receive legal ori-

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entation presentations provided through the Legal

2

Orientation Program administered by the Executive

3

Office for Immigration Review. At a minimum, such

4

presentations shall address the custodian’s responsi-

5

bility to attempt to ensure the child’s appearance at

6

all immigration proceedings and to protect the child

7

from mistreatment, exploitation, and trafficking.

8

(5) ACCESS

Secretary of

9

Health and Human Services shall ensure, to the

10

greatest extent practicable and consistent with sec-

11

tion 292 of the Immigration and Nationality Act (8

12

U.S.C. 1362), that all unaccompanied alien children

13

who are or have been in the custody of the Secretary

14

or the Secretary of Homeland Security, and who are

15

not described in subsection (a)(2)(A), have counsel

16

to represent them in legal proceedings or matters

17

and protect them from mistreatment, exploitation,

18

and trafficking. To the greatest extent practicable,

19

the Secretary of Health and Human Services shall

20

make every effort to utilize the services of pro bono

21

counsel who agree to provide representation to such

22

children without charge.

23

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TO COUNSEL.—The

(6) CHILD

ADVOCATES.—The

Secretary of

24

Health and Human Services is authorized to appoint

25

independent child advocates for child trafficking vic-

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tims and other vulnerable unaccompanied alien chil-

2

dren. A child advocate shall be provided access to

3

materials necessary to effectively advocate for the

4

best interest of the child. The child advocate shall

5

not be compelled to testify or provide evidence in

6

any proceeding concerning any information or opin-

7

ion received from the child in the course of serving

8

as a child advocate. The child advocate shall be pre-

9

sumed to be acting in good faith and be immune

10

from civil and criminal liability for lawful conduct of

11

duties as described in this provision.

12

(d) PERMANENT PROTECTION

FOR

CERTAIN AT-

13 RISK CHILDREN.—

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14

(1) IN

GENERAL.—Section

15

Immigration

16

1101(a)(27)(J)) is amended—

and

101(a)(27)(J) of the

Nationality

Act

(8

17

(A) in clause (i), by striking ‘‘State and

18

who has been deemed eligible by that court for

19

long-term foster care due to abuse, neglect, or

20

abandonment;’’ and inserting ‘‘State, or an in-

21

dividual or entity appointed by a State or juve-

22

nile court located in the United States, and

23

whose reunification with one or both of the im-

24

migrant’s parents is not viable due to abuse,

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neglect, abandonment, or a similar basis found

2

under State law;’’; and

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3

(B) in clause (iii)—

4

(i) in the matter preceding subclause

5

(I), by striking ‘‘the Attorney General ex-

6

pressly consents to the dependency order

7

serving as a precondition to the grant of

8

special immigrant juvenile status;’’ and in-

9

serting ‘‘the Secretary of Homeland Secu-

10

rity consents to the grant of special immi-

11

grant juvenile status,’’; and

12

(ii) in subclause (I), by striking ‘‘in

13

the actual or constructive custody of the

14

Attorney General unless the Attorney Gen-

15

eral specifically consents to such jurisdic-

16

tion;’’ and inserting ‘‘in the custody of the

17

Secretary of Health and Human Services

18

unless the Secretary of Health and Human

19

Services specifically consents to such juris-

20

diction;’’.

21

(2) EXPEDITIOUS

ADJUDICATION.—All

22

tions for special immigrant status under section

23

101(a)(27)(J) of the Immigration and Nationality

24

Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated

25

by the Secretary of Homeland Security not later

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than 180 days after the date on which the applica-

2

tion is filed.

3

(3)

STATUS.—Section

OF

4

245(h)(2)(A) of the Immigration and Nationality

5

Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as

6

follows:

7

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ADJUSTMENT

‘‘(A)

paragraphs

(4),

(5)(A),

8

(6)(C), (6)(D), (7)(A), and (9)(B) of section

9

212(a) shall not apply; and’’.

10

(4) ELIGIBILITY

11

(A) IN

FOR ASSISTANCE.—

GENERAL.—A

child who has been

12

granted special immigrant status under section

13

101(a)(27)(J) of the Immigration and Nation-

14

ality Act (8 U.S.C. 1101(a)(27)(J)) and who

15

was either in the custody of the Secretary of

16

Health and Human Services at the time a de-

17

pendency order was granted for such child or

18

who was receiving services pursuant to section

19

501(a) of the Refugee Education Assistance Act

20

of 1980 (8 U.S.C. 1522 note) at the time such

21

dependency order was granted, shall be eligible

22

for placement and services under section 412(d)

23

of the Immigration and Nationality Act (8

24

U.S.C. 1522(d)) until the earlier of—

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(i) the date on which the child reaches

2

the age designated in section 412(d)(2)(B)

3

of the Immigration and Nationality Act (8

4

U.S.C. 1522(d)(2)(B)); or

5

(ii) the date on which the child is

6

placed in a permanent adoptive home.

7

(B) STATE

the availability of appropriations, if State foster

9

care funds are expended on behalf of a child

10

who is not described in subparagraph (A) and

11

has been granted special immigrant status

12

under section 101(a)(27)(J) of the Immigration

13

and Nationality Act (8 U.S.C. 1101(a)(27)(J)),

14

the Federal Government shall reimburse the

15

State in which the child resides for such ex-

16

penditures by the State.

17

(5)

STATE

COURTS

ACTING

IN

LOCO

18

PARENTIS.—A

19

an individual or entity appointed by a State court or

20

juvenile court located in the United States, acting in

21

loco parentis, shall not be considered a legal guard-

22

ian for purposes of this section or section 462 of the

23

Homeland Security Act of 2002 (6 U.S.C. 279).

25

department or agency of a State, or

(6) TRANSITION

RULE.—Notwithstanding

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any

other provision of law, an alien described in section

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to

8

24
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101
1

101(a)(27)(J) of the Immigration and Nationality

2

Act (8 U.S.C. 1101(a)(27)(J)), as amended by para-

3

graph (1), may not be denied special immigrant sta-

4

tus under such section after the date of the enact-

5

ment of this Act based on age if the alien was a

6

child on the date on which the alien applied for such

7

status.

8
9
10

(7) ACCESS

tion 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended—

11

(A) in subsection (a)(2), by adding at the

12

end the following:

13

‘‘(E) APPLICABILITY.—Subparagraphs (A)

14

and (B) shall not apply to an unaccompanied

15

alien child (as defined in section 462(g) of the

16

Homeland Security Act of 2002 (6 U.S.C.

17

279(g))).’’; and

18

(B) in subsection (b)(3), by adding at the

19

end the following:

20

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TO ASYLUM PROTECTIONS.—Sec-

‘‘(C) INITIAL

JURISDICTION.—An

21

officer (as defined in section 235(b)(1)(E))

22

shall have initial jurisdiction over any asylum

23

application filed by an unaccompanied alien

24

child (as defined in section 462(g) of the Home-

25

land Security Act of 2002 (6 U.S.C. 279(g))),

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102
1

regardless of whether filed in accordance with

2

this section or section 235(b).’’.

3

(8) SPECIALIZED

NEEDS OF UNACCOMPANIED

4

ALIEN

5

other forms of relief from removal in which an unac-

6

companied alien child is the principal applicant shall

7

be governed by regulations which take into account

8

the specialized needs of unaccompanied alien chil-

9

dren and which address both procedural and sub-

10

stantive aspects of handling unaccompanied alien

11

children’s cases.

12

(e) TRAINING.—The Secretary of State, the Sec-

CHILDREN.—Applications

for asylum and

13 retary of Homeland Security, the Secretary of Health and
14 Human Services, and the Attorney General shall provide
15 specialized training to all Federal personnel, and upon re16 quest, state and local personnel, who have substantive con17 tact with unaccompanied alien children. Such personnel
18 shall be trained to work with unaccompanied alien chil19 dren, including identifying children who are victims of se20 vere forms of trafficking in persons, and children for
21 whom asylum or special immigrant relief may be appro22 priate, including children described in subsection (a)(2).
23

(f) AMENDMENTS

TO THE

HOMELAND SECURITY

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24 ACT OF 2002.—

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(1) ADDITIONAL

RESPONSIBILITIES.—Section

2

462(b)(1)(L) of the Homeland Security Act of 2002

3

(6 U.S.C. 279(b)(1)(L)) is amended by striking the

4

period at the end and inserting ‘‘, including regular

5

follow-up visits to such facilities, placements, and

6

other entities, to assess the continued suitability of

7

such placements.’’.

8

(2) TECHNICAL

CORRECTIONS.—Section

462(b)

9

of such Act (6 U.S.C. 279(b)) is further amended—

10

(A) in paragraph (3), by striking ‘‘para-

11

graph (1)(G),’’ and inserting ‘‘paragraph (1),’’;

12

and

13

(B) by adding at the end the following:

14

‘‘(4) RULE

OF

CONSTRUCTION.—Nothing

in

15

paragraph (2)(B) may be construed to require that

16

a bond be posted for an unaccompanied alien child

17

who is released to a qualified sponsor.’’.

18

(g)

DEFINITION

OF

UNACCOMPANIED

ALIEN

19 CHILD.—For purposes of this section, the term ‘‘unaccom20 panied alien child’’ has the meaning given such term in
21 section 462(g) of the Homeland Security Act of 2002 (6
22 U.S.C. 279(g)).
23

(h) EFFECTIVE DATE.—This section—

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24
25

(1) shall take effect on the date that is 90 days
after the date of the enactment of this Act; and

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(2) shall also apply to all aliens in the United

2

States in pending proceedings before the Depart-

3

ment of Homeland Security or the Executive Office

4

for Immigration Review, or related administrative or

5

Federal appeals, on the date of the enactment of

6

this Act.

7

(i) GRANTS

AND

CONTRACTS.—The Secretary of

8 Health and Human Services may award grants to, and
9 enter into contracts with, voluntary agencies to carry out
10 this section and section 462 of the Homeland Security Act
11 of 2002 (6 U.S.C. 279).
12

SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM.

13

(a) IN GENERAL.—Following any conviction of an in-

14 dividual for a violation of section 2423 of title 18, United
15 States Code, the Attorney General shall notify in a timely
16 manner—
17
18

(1) the Secretary of State for appropriate action under subsection (b); and

19

(2) the Secretary of Homeland Security for ap-

20

propriate action under the Immigration and Nation-

21

ality Act.

22

(b) AUTHORITY TO RESTRICT PASSPORT.—

23

(1) INELIGIBILITY

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24

(A) IN

25

FOR PASSPORT.—

GENERAL.—The

Secretary of State

shall not issue a passport or passport card to

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105
1

an individual who is convicted of a violation of

2

section 2423 of title 18, United States Code,

3

during the covered period if the individual used

4

a passport or passport card or otherwise

5

crossed an international border in committing

6

the offense.

7

(B) PASSPORT

retary of State shall revoke a passport or pass-

9

port card previously issued to an individual de-

10

scribed in subparagraph (A).

11

(2) EXCEPTIONS.—
(A) EMERGENCY

AND HUMANITARIAN SIT-

13

UATIONS.—Notwithstanding

14

Secretary of State may issue a passport or

15

passport card, in emergency circumstances or

16

for humanitarian reasons, to an individual de-

17

scribed in paragraph (1)(A).

paragraph (1), the

18

(B) LIMITATION

19

STATES.—Notwithstanding

20

Secretary of State may, prior to revocation,

21

limit a previously issued passport or passport

22

card only for return travel to the United States,

23

or may issue a limited passport or passport

24

card that only permits return travel to the

25

United States.

FOR RETURN TO UNITED

paragraph (1), the

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8

12

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1

(3) DEFINITIONS.—In this subsection—

2

(A) the term ‘‘covered period’’ means the

3

period beginning on the date on which an indi-

4

vidual is convicted of a violation of section 2423

5

of title 18, United States Code, and ending on

6

the later of—

7

(i) the date on which the individual is

8

released from a sentence of imprisonment

9

relating to the offense; and

10

(ii) the end of a period of parole or

11

other supervised release of the covered in-

12

dividual relating to the offense; and

13

(B) the term ‘‘imprisonment’’ means being

14

confined in or otherwise restricted to a jail,

15

prison, half-way house, treatment facility, or

16

another institution, on a full or part-time basis,

17

pursuant to the sentence imposed as the result

18

of a criminal conviction.

19

SEC. 237. ADDITIONAL REPORTING ON CRIME.

20

(a) TRAFFICKING OFFENSE CLASSIFICATION.—The

21 Director of the Federal Bureau of Investigation shall—
22
23

(1) classify the offense of human trafficking as
a part I crime in the Uniform Crime Reports;

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24
25

(2) to the extent feasible, establish subcategories for State sex crimes that involve—

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1

(A) a person who is younger than 18 years

2

of age;

3

(B) the use of force, fraud or coercion; or

4

(C) neither of the elements described in

5

subparagraphs (A) and (B); and

6

(3) classify the offense of human trafficking as

7

a Group A offense for purpose of the National Inci-

8

dent-Based Reporting System.

9

(b) ADDITIONAL INFORMATION.—The Director of the

10 Federal Bureau of Investigation shall revise the Uniform
11 Crime Reporting System and the National Incident-Based
12 Reporting System to distinguish between reports of—
13

(1) incidents of assisting or promoting prostitu-

14

tion, which shall include crimes committed by per-

15

sons who—

16

(A) do not directly engage in commercial

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17

sex acts; and

18

(B) direct, manage, or profit from such

19

acts, such as State pimping and pandering

20

crimes;

21

(2) incidents of purchasing prostitution, which

22

shall include crimes committed by persons who pur-

23

chase or attempt to purchase or trade anything of

24

value for commercial sex acts; and

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108
1

(3) incidents of prostitution, which shall include

2

crimes committed by persons providing or attempt-

3

ing to provide commercial sex acts.

4

(c) REPORTS AND STUDIES.—

5

(1) REPORTS.—Not later than February 1,

6

2010, the Attorney General shall submit to the Com-

7

mittee on Foreign Affairs and the Committee on the

8

Judiciary of the House of Representatives and the

9

Committee on Foreign Relations and the Committee

10

on the Judiciary of the Senate reports on the fol-

11

lowing:

12

(A) Activities or actions, in fiscal years

13

2001 through 2009, by Federal departments

14

and agencies to enforce the offenses set forth in

15

chapter 117 of title 18, United States Code, in-

16

cluding information regarding the number of

17

prosecutions, the number of convictions, an

18

identification of multiple-defendant cases and

19

the results thereof, and, for fiscal years 2008

20

and 2009, the number of prosecutions, the

21

number of convictions, and an identification of

22

multiple-defendant case and the results thereof,

23

the use of expanded statutes of limitation and

24

other tools to prosecute crimes against children

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109
1

who reached the age of eighteen years since the

2

time the crime was committed.

3

(B) The interaction, in Federal human

4

trafficking prosecutions in fiscal years 2001

5

through 2010, of Federal restitution provisions

6

with those provisions of law allowing restoration

7

and remission of criminally and civilly forfeited

8

property, including the distribution of proceeds

9

among multiple victims.

10

(C) Activities or actions, in fiscal years

11

2001 through 2010, to enforce the offenses set

12

forth in chapters 95 and 96 of title 18, United

13

States Code, in cases involving human traf-

14

ficking, sex trafficking, or prostitution offenses.

15

(D) Activities or actions, in fiscal years

16

2008 and 2009, by Federal departments and

17

agencies to enforce the offenses set forth in the

18

Act of August 15, 1935 (49 Stat. 651; D.C.

19

Code 22–2701 et seq.) (relating to prostitution

20

and pandering), including information regard-

21

ing the number of prosecutions, the number of

22

convictions, and an identification of multiple-de-

23

fendant cases and the results thereof.

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110
1

(2) STUDIES.—Subject to availability of appro-

2

priations, the head of the National Institute of Jus-

3

tice shall conduct—

4

(A) a comprehensive study to examine the

5

use of Internet-based businesses and services by

6

criminal actors in the sex industry, and to dis-

7

seminate best practices for investigation and

8

prosecution of trafficking and prostitution of-

9

fenses involving the Internet; and

10

(B) a comprehensive study to examine the

11

application of State human trafficking statutes,

12

including such statutes based on the model law

13

developed by the Department of Justice, cases

14

prosecuted thereunder, and the impact, if any,

15

on enforcement of other State criminal statutes.

16

(3)

STUDIES

PREVIOUSLY

REQUIRED

17

LAW.—Not

18

enactment of this Act, the Attorney General shall re-

19

port to the Committee on Foreign Affairs and the

20

Committee on the Judiciary of the House of Rep-

21

resentatives and the Committee on Foreign Rela-

22

tions and the Committee on the Judiciary of the

23

Senate on the status of the studies required by para-

24

graph (B)(i) and (ii) of section 201(a)(1) of the

25

Trafficking Victims Protection Reauthorization Act

later than 90 days after the date of the

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111
1

of 2005 (42 U.S.C. 14044(a)(1)) and indicate the

2

projected date when such studies will be completed.

3

SEC. 238. PROCESSING OF CERTAIN VISAS.

4

(a) REPORT.—Not later than 180 days after the date

5 of the enactment of this Act, the Secretary of Homeland
6 Security shall submit to the Committee on Foreign Affairs
7 and the Committee on the Judiciary of the House of Rep8 resentatives and the Committee on Foreign Relations and
9 the Committee on the Judiciary of the Senate a report
10 on the operations of the specially-trained Violence Against
11 Women Act Unit at the Citizenship and Immigration Serv12 ice’s Vermont Service Center.
13

(b) ELEMENTS.—The report required by subsection

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14 (a) shall include the following elements:
15

(1) Detailed information about the funds ex-

16

pended to support the work of the Violence Against

17

Women Act Unit at the Vermont Service Center.

18

(2) A description of training for adjudicators,

19

victim witness liaison officers, managers, and others

20

working in the Violence Against Women Act Unit,

21

including general training and training on confiden-

22

tiality issues.

23

(3) Measures taken to ensure the retention of

24

specially-trained staff within the Violence Against

25

Women Act Unit.

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112
1

(4) Measures taken to ensure the creation and

2

retention of a core of supervisory staff within the Vi-

3

olence Against Women Act Unit and the Vermont

4

Service Center with responsibility over resource allo-

5

cation, policy, program development, training and

6

other substantive or operational issues affecting the

7

Unit, who have historical knowledge and experience

8

with the Trafficking Victims Protection Act of 2000,

9

the Violence Against Women Act of 1994, Violence

10

Against Women Act of 1994 confidentiality, and the

11

specialized policies and procedures of the Depart-

12

ment of Homeland Security and its predecessor

13

agencies in such cases.

14

(5) Measures taken to ensure routine consulta-

15

tion between the Violence Against Women Act Unit,

16

U.S. Citizenship and Immigration Services Head-

17

quarters, and the Office of Policy and Strategy dur-

18

ing the development of any Department of Home-

19

land Security regulations or policies that impact Vio-

20

lence Against Women Act of 1994 confidentiality-

21

protected victims and their derivative family mem-

22

bers.

23

(6) Information on any circumstances in which

24

victim-based immigration applications have been ad-

25

judicated by entities other than the Violence Against

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1

Women Act Unit at the Vermont Service Center, in-

2

cluding reasons for such action and what steps, if

3

any, were taken to ensure that such applications

4

were handled by trained personnel and what steps

5

were taken to comply with the confidentiality provi-

6

sions of the Violence Against Women Act of 1994.

7

(7) Information on the time in which it takes

8

to adjudicate victim-based immigration applications,

9

including the issuance of visas, work authorization

10

and deferred action in a timely manner consistent

11

with the safe and competent processing of such ap-

12

plications, and steps taken to improve in this area.

13

SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN

14
15

CONSULAR SERVICES.

(a) INCREASE

IN

FEE.—Notwithstanding any other

16 provision of law, not later than October 1, 2009, the Sec17 retary of State shall increase by $1 the fee or surcharge
18 assessed under section 140(a) of the Foreign Relations
19 Authorization Act, Fiscal Years 1994 and 1995 (Public
20 Law 103–236; 8 U.S.C. 1351 note) for processing ma21 chine-readable nonimmigrant visas and machine-readable
22 combined border crossing identification cards and non23 immigrant visas.

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24

(b) DEPOSIT

OF

AMOUNTS.—Notwithstanding sec-

25 tion 140(a)(2) of the Foreign Relations Authorization Act,

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114
1 Fiscal Years 1994 and 1995 (Public Law 103–236; 8
2 U.S.C. 1351 note), the additional amount collected pursu3 ant the fee increase under subsection (a) shall be deposited
4 in the Treasury.
5

(c) DURATION

OF

INCREASE.—The fee increase au-

6 thorized under subsection (a) shall terminate on the date
7 that is 3 years after the first date on which such increased
8 fee is collected.

10

TITLE III—AUTHORIZATIONS OF
APPROPRIATIONS

11

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

12

Section 113 of the Trafficking Victims Protection Act

9

13 of 2000, as amended by section 213(a)(2), is amended—
14

(1) in subsection (a)—

15

(A) in the first sentence—

16

(i) by striking ‘‘section 104, and’’;

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17

and

18

(ii) by striking ‘‘$1,500,000’’ and all

19

that follows through ‘‘$5,500,000 for each

20

of the fiscal years 2006 and 2007’’ and in-

21

serting ‘‘$5,500,000 for each of the fiscal

22

years 2008 through 2011’’; and

23

(B) in the second sentence—

24

(i) by striking ‘‘for official reception

25

and representation expenses $3,000’’ and

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1

inserting ‘‘$1,500,000 for additional per-

2

sonnel for each of the fiscal years 2008

3

through 2011, and $3,000 for official re-

4

ception and representation expenses’’; and

5

(ii) by striking ‘‘2006 and 2007’’ and

6

inserting ‘‘2008 through 2011’’;

7

(2)

subsection

(b)(1),

by

‘‘$5,000,000’’ and all that follows and inserting

9

‘‘$12,500,000 for each of the fiscal years 2008
through 2011’’;

11

(3) in subsection (c)—

12

(A) in paragraph (1)—

13

(i) by striking ‘‘2004, 2005, 2006,

14

and 2007’’ each place it appears and in-

15

serting ‘‘2008 through 2011’’; and

16

(ii) in subparagraph (B), by adding at

17

the end the following: ‘‘To carry out the

18

purposes of section 107(a)(1)(F), there are

19

authorized to be appropriated to the Sec-

20

retary of State $1,000,000 for each of the

21

fiscal years 2008 through 2011.’’;

22

(B) by striking paragraph (2);

23

(C) by redesignating paragraph (3) as

24

paragraph (2); and

25

(D) in paragraph (2), as redesignated—

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8

10

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1

(i) by striking ‘‘section 104’’ and in-

2

serting ‘‘sections 116(f) and 502B(h) of

3

the Foreign Assistance Act of 1961 (22

4

U.S.C. 2151n(f) and 2304(h))’’; and

5

(ii) by striking ‘‘, including the prepa-

6

ration’’ and all that follows and inserting

7

a period;

8

(4) in subsection (d)—

9

(A) in the first sentence, by striking

10

‘‘$5,000,000’’ and all that follows through

11

‘‘2007’’ and inserting ‘‘$10,000,000 for each of

12

the fiscal years 2008 through 2011’’; and

13

(B) in the second sentence, by striking

14

‘‘2004, 2005, 2006, and 2007’’ and inserting

15

‘‘2008 through 2011’’;

16

(5) in subsection (e)—

17

(A)

paragraph

(1),

by

‘‘$5,000,000’’ and all that follows and inserting

19

‘‘$15,000,000 for each of the fiscal years 2008

20

through 2011.’’;
(B) in paragraph (2)—

22

(i) by striking ‘‘section 109’’ and in-

23

serting ‘‘section 134 of the Foreign Assist-

24

ance Act of 1961 (22 U.S.C. 2152d)’’; and

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18

21

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1

(ii) by striking ‘‘$5,000,000’’ and all

2

that follows and inserting ‘‘$15,000,000

3

for each of the fiscal years 2008 through

4

2011.’’; and

5

(C)

in

paragraph

(3),

by

striking

6

‘‘$300,000’’ and all that follows and inserting

7

‘‘$2,000,000 for each of the fiscal years 2008

8

through 2011.’’;

9

(6) in subsection (f), by striking ‘‘$5,000,000’’

10

and all that follows and inserting ‘‘$10,000,000 for

11

each of the fiscal years 2008 through 2011.’’;

12

(7) in subsection (h), by striking ‘‘fiscal year

13

2006’’ and inserting ‘‘each of the fiscal years 2008

14

through 2011’’; and

15

(8) in subsection (i), by striking ‘‘2006 and

16
17

2007’’ and inserting ‘‘2008 through 2011’’.
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR-

18
19

IZATION ACT OF 2005.

The Trafficking Victims Protection Reauthorization

20 Act of 2005 (Public Law 109–164) is amended—
21
22

(1) in section 102(b)(7), by striking ‘‘2006 and
2007’’ and inserting ‘‘2008 through 2011’’;

23

(2) in section 201(c)—

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24

(A)

25

in

paragraph

(1),

by

‘‘$2,500,000 for each of the fiscal years 2006

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1

and 2007’’ each place it appears and inserting

2

‘‘$1,500,000 for each of the fiscal years 2008

3

through 2011’’; and

4

(B) in paragraph (2), by striking ‘‘2006

5

and 2007’’ and inserting ‘‘2008 through 2011’’;

6

(3) in section 202(d), by striking ‘‘$10,000,000

7

for each of the fiscal years 2006 and 2007’’ and in-

8

serting ‘‘$8,000,000 for each of the fiscal years

9

2008 through 2011’’;

10

(4) in section 203(g), by striking ‘‘2006 and

11

2007’’ and inserting ‘‘2008 through 2011’’; and

12

(5) in section 204(d), by striking ‘‘$25,000,000

13

for each of the fiscal years 2006 and 2007’’ and in-

14

serting ‘‘$20,000,000 for each of the fiscal years

15

2008 through 2011’’.

16

SEC. 303. RULE OF CONSTRUCTION.

17

The amendments made by sections 301 and 302 may

18 not be construed to affect the availability of funds appro19 priated pursuant to the authorizations of appropriations
20 under the Trafficking Victims Protection Act of 2000 (di21 vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.)
22 and the Trafficking Victims Protection Reauthorization
23 Act of 2005 (Public Law 109–164) before the date of the

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24 enactment of this Act.

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1

SEC. 304. TECHNICAL AMENDMENTS.

2

(a) TRAFFICKING VICTIMS PROTECTION ACT

OF

3 2000.—Sections 103(1) and 105(d)(7) of the Trafficking
4 Victims Protection Act of 2000 (22 U.S.C. 7102(1) and
5 7103(d)(7)) are each amended by striking ‘‘Committee on
6 International Relations’’ each place it appears and insert7 ing ‘‘Committee on Foreign Affairs’’.
8
9

(b) TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION

ACT

OF

2005.—Section 102(b)(6) and sub-

10 sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf11 ficking Victims Protection Reauthorization Act of 2005
12 (Public Law 109–164) are amended by striking ‘‘Com13 mittee on International Relations’’ each place it appears
14 and inserting ‘‘Committee on Foreign Affairs’’.

TITLE IV—CHILD SOLDIERS
PREVENTION

15
16
17

SEC. 401. SHORT TITLE.

18

This title may be cited as the ‘‘Child Soldiers Preven-

19 tion Act of 2008’’.
20

SEC. 402. DEFINITIONS.

21

In this title:

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22

(1) APPROPRIATE

23

TEES.—The

24

mittees’’ means—

25

CONGRESSIONAL

term ‘‘appropriate congressional com-

(A) the Committee on Foreign Relations of

26

the Senate;
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1

(B) the Committee on Appropriations of

2

the Senate;

3

(C) the Committee on Foreign Affairs of

4

the House of Representatives; and

5

(D) the Committee on Appropriations of

6

the House of Representatives.

7

(2) CHILD

with the pro-

8

visions of the Optional Protocol to the Convention of

9

the Rights of the Child, the term ‘‘child soldier’’—

10

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SOLDIER.—Consistent

(A) means—

11

(i) any person under 18 years of age

12

who takes a direct part in hostilities as a

13

member of governmental armed forces;

14

(ii) any person under 18 years of age

15

who has been compulsorily recruited into

16

governmental armed forces;

17

(iii) any person under 15 years of age

18

who has been voluntarily recruited into

19

governmental armed forces; or

20

(iv) any person under 18 years of age

21

who has been recruited or used in hos-

22

tilities by armed forces distinct from the

23

armed forces of a state; and

24

(B) includes any person described in

25

clauses (ii), (iii), or (iv) of subparagraph (A)

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1

who is serving in any capacity, including in a

2

support role such as a cook, porter, messenger,

3

medic, guard, or sex slave.

4

SEC. 403. SENSE OF CONGRESS.

5

It is the sense of Congress that—

6

(1) the United States Government should con-

7

demn the conscription, forced recruitment, or use of

8

children by governments, paramilitaries, or other or-

9

ganizations;

10

(2) the United States Government should sup-

11

port and, to the extent practicable, lead efforts to es-

12

tablish and uphold international standards designed

13

to end the abuse of human rights described in para-

14

graph (1);

15

(3) the United States Government should ex-

16

pand ongoing services to rehabilitate recovered child

17

soldiers and to reintegrate such children back into

18

their respective communities by—

19

(A) offering ongoing psychological services

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20

to help such children—

21

(i) to recover from the trauma suf-

22

fered during their forced military involve-

23

ment;

24

(ii) to relearn how to interact with

25

others in nonviolent ways so that such chil-

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1

dren are no longer a danger to their re-

2

spective communities; and

3

(iii) by taking into consideration the

4

needs of girl soldiers, who may be at risk

5

of exclusion from disarmament, demobiliza-

6

tion, and reintegration programs;

7

(B) facilitating reconciliation with such

8

communities through negotiations with tradi-

9

tional leaders and elders to enable recovered

10

abductees to resume normal lives in such com-

11

munities; and

12

(C) providing educational and vocational

13

assistance;

14

(4) the United States should work with the

15

international community, including, as appropriate,

16

third country governments, nongovernmental organi-

17

zations, faith-based organizations, United Nations

18

agencies, local governments, labor unions, and pri-

19

vate enterprises—

20

(A) to bring to justice rebel and para-

21

military forces that kidnap children for use as

22

child soldiers;

23

(B) to recover those children who have

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24

been abducted; and

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1

(C) to assist such children to be rehabili-

2

tated and reintegrated into their respective

3

communities;

4

(5) the Secretary of State, the Secretary of

5

Labor, and the Secretary of Defense should coordi-

6

nate programs to achieve the goals described in

7

paragraph (3);

8

(6) United States diplomatic missions in coun-

9

tries in which the use of child soldiers is an issue,

10

whether or not such use is supported or sanctioned

11

by the governments of such countries, should include

12

in their mission program plans a strategy to achieve

13

the goals described in paragraph (3);

14

(7) United States diplomatic missions in coun-

15

tries in which governments use or tolerate child sol-

16

diers should develop strategies, as part of annual

17

program planning—

18

(A) to promote efforts to end such abuse

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19

of human rights; and

20

(B) to identify and integrate global best

21

practices, as available, into such strategies to

22

avoid duplication of effort; and

23

(8) in allocating or recommending the allocation

24

of funds or recommending candidates for programs

25

and grants funded by the United States Govern-

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1

ment, United States diplomatic missions should give

2

serious consideration to those programs and can-

3

didates that are expected to promote the end to the

4

abuse of human rights described in this section.

5

SEC. 404. PROHIBITION.

6

(a) IN GENERAL.—Subject to subsections (b), (c),

7 and (d), the authorities contained in section 516 or 541
8 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j
9 or 2347) or section 23 of the Arms Export Control Act
10 (22 U.S.C. 2763) may not be used to provide assistance
11 to, and no licenses for direct commercial sales of military
12 equipment may be issued to, the government of a country
13 that is clearly identified, pursuant to subsection (b), for
14 the most recent year preceding the fiscal year in which
15 the authorities or license would have been used or issued
16 in the absence of a violation of this title, as having govern17 mental armed forces or government-supported armed
18 groups, including paramilitaries, militias, or civil defense
19 forces, that recruit and use child soldiers.
20
21

(b) IDENTIFICATION
TRIES IN

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22

AND

NOTIFICATION

COUN-

VIOLATION OF STANDARDS.—
(1) PUBLICATION

OF LIST OF FOREIGN GOV-

23

ERNMENTS.—The

24

list of the foreign governments that have violated the

25

standards under this title and are subject to the pro-

Secretary of State shall include a

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1

hibition in subsection (a) in the report required

2

under section 110(b) of the Trafficking Victims Pro-

3

tection Act of 2000 (22 U.S.C. 7107(b)).

4

(2) NOTIFICATION

OF FOREIGN COUNTRIES.—

5

The Secretary of State shall formally notify any gov-

6

ernment identified pursuant to subsection (a).

7

(c) NATIONAL INTEREST WAIVER.—

8

(1) WAIVER.—The President may waive the ap-

9

plication to a country of the prohibition in sub-

10

section (a) if the President determines that such

11

waiver is in the national interest of the United

12

States.

13

(2) PUBLICATION

AND

NOTIFICATION.—Not

14

later than 45 days after each waiver is granted

15

under paragraph (1), the President shall notify the

16

appropriate congressional committees of the waiver

17

and the justification for granting such waiver.

18

(d) REINSTATEMENT

OF

ASSISTANCE.—The Presi-

19 dent may provide to a country assistance otherwise prohib20 ited under subsection (a) upon certifying to the appro21 priate congressional committees that the government of

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22 such country—
23

(1) has implemented measures that include an

24

action plan and actual steps to come into compliance

25

with the standards outlined in section 404(b); and

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1

(2) has implemented policies and mechanisms

2

to prohibit and prevent future government or gov-

3

ernment-supported use of child soldiers and to en-

4

sure that no children are recruited, conscripted, or

5

otherwise compelled to serve as child soldiers.

6

(e) EXCEPTION

7

TO

ADDRESSING

FOR

THE

PROGRAMS DIRECTLY RELATED

PROBLEM

OF

CHILD SOLDIERS

OR

8 PROFESSIONALIZATION OF THE MILITARY.—

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9

(1) IN

GENERAL.—The

President may provide

10

assistance to a country for international military

11

education, training, and nonlethal supplies (as de-

12

fined in section 2557(d)(1)(B) of title 10, United

13

States Code) otherwise prohibited under subsection

14

(a) upon certifying to the appropriate congressional

15

committees that—

16

(A) the government of such country is tak-

17

ing reasonable steps to implement effective

18

measures to demobilize child soldiers in its

19

forces or in government-supported paramili-

20

taries and is taking reasonable steps within the

21

context of its national resources to provide de-

22

mobilization, rehabilitation, and reintegration

23

assistance to those former child soldiers; and

24

(B) the assistance provided by the United

25

States Government to the government of such

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1

country will go to programs that will directly

2

support professionalization of the military.

3

(2) LIMITATION.—The exception under para-

4

graph (1) may not remain in effect for a country for

5

more than 5 years.

6

SEC. 405. REPORTS.

7

(a) INVESTIGATION

OF

ALLEGATIONS REGARDING

8 CHILD SOLDIERS.—United States missions abroad shall
9 thoroughly investigate reports of the use of child soldiers.
10
11

(b) INFORMATION
PORTS.—In

FOR

ANNUAL HUMAN RIGHTS RE-

preparing those portions of the annual

12 Human Rights Report that relate to child soldiers under
13 sections 116 and 502B of the Foreign Assistance Act of
14 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of
15 State shall ensure that such reports include a description
16 of the use of child soldiers in each foreign country, includ17 ing—
18

(1) trends toward improvement in such country

19

of the status of child soldiers or the continued or in-

20

creased tolerance of such practices; and

21

(2) the role of the government of such country

22

in engaging in or tolerating the use of child soldiers.

23

(c) ANNUAL REPORT

TO

CONGRESS.—If, during any

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24 of the 5 years following the date of the enactment of this
25 Act, a country is notified pursuant to section 404(b)(2),

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1 or a wavier is granted pursuant to section 404(c)(1), the
2 President shall submit a report to the appropriate con3 gressional committees not later than June 15 of the fol4 lowing year. The report shall include—
5

(1) a list of the countries receiving notification

6

that they are in violation of the standards under this

7

title;

8

(2) a list of any waivers or exceptions exercised

9

under this title;

10

(3) justification for any such waivers and excep-

11

tions; and

12

(4) a description of any assistance provided

13

under this title pursuant to the issuance of such

14

waiver.

15

SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.

16

Section 708 of the Foreign Service Act of 1980 (22

17 U.S.C. 4028) is amended by adding at the end the fol18 lowing:
19

‘‘(c) The Secretary of State, with the assistance of

20 other relevant officials, shall establish as part of the stand21 ard training provided for chiefs of mission, deputy chiefs
22 of mission, and other officers of the Service who are or
23 will be involved in the assessment of child soldier use or

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24 the drafting of the annual Human Rights Report instruc-

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1 tion on matters related to child soldiers, and the substance
2 of the Child Soldiers Prevention Act of 2008.’’.
3

SEC. 407. EFFECTIVE DATE; APPLICABILITY.

4

This title, and the amendments made by this title,

5 shall take effect 180 days after the date of the enactment
6 of this Act.

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Æ

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