[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 972 Enrolled Bill (ENR)]
H.R.972
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To authorize appropriations for fiscal years 2006 and 2007 for the
Trafficking Victims Protection Act of 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trafficking
Victims Protection Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Prevention of trafficking in conjunction with post-conflict
and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in
persons.
Sec. 105. Additional activities to monitor and combat forced labor and
child labor.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and
strengthen assistance programs for certain persons subject to
trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in
persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated international leadership
in combating human trafficking and slavery through the enactment of
the Trafficking Victims Protection Act of 2000 (division A of
Public Law 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking
Victims Protection Reauthorization Act of 2003 (Public Law 108-
193).
(2) The United States Government currently estimates that
600,000 to 800,000 individuals are trafficked across international
borders each year and exploited through forced labor and commercial
sex exploitation. An estimated 80 percent of such individuals are
women and girls.
(3) Since the enactment of the Trafficking Victims Protection
Act of 2000, United States efforts to combat trafficking in persons
have focused primarily on the international trafficking in persons,
including the trafficking of foreign citizens into the United
States.
(4) Trafficking in persons also occurs within the borders of a
country, including the United States.
(5) No known studies exist that quantify the problem of
trafficking in children for the purpose of commercial sexual
exploitation in the United States. According to a report issued by
researchers at the University of Pennsylvania in 2001, as many as
300,000 children in the United States are at risk for commercial
sexual exploitation, including trafficking, at any given time.
(6) Runaway and homeless children in the United States are
highly susceptible to being domestically trafficked for commercial
sexual exploitation. According to the National Runaway Switchboard,
every day in the United States, between 1,300,000 and 2,800,000
runaway and homeless youth live on the streets. One out of every
seven children will run away from home before the age of 18.
(7) Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased security
challenges and vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor exploitation.
Foreign policy and foreign aid professionals increasingly recognize
the increased activity of human traffickers in post-conflict
settings and during humanitarian emergencies.
(8) There is a need to protect populations in post-conflict
settings and humanitarian emergencies from being trafficked for
sexual or labor exploitation. The efforts of aid agencies to
address the protection needs of, among others, internally displaced
persons and refugees are useful in this regard. Nonetheless, there
is a need for further integrated programs and strategies at the
United States Agency for International Development, the Department
of State, and the Department of Defense to combat human
trafficking, including through protection and prevention
methodologies, in post-conflict environments and during
humanitarian emergencies.
(9) International and human rights organizations have
documented a correlation between international deployments of
military and civilian peacekeepers and aid workers and a resulting
increase in the number of women and girls trafficked into
prostitution in post-conflict regions.
(10) The involvement of employees and contractors of the United
States Government and members of the Armed Forces in trafficking in
persons, facilitating the trafficking in persons, or exploiting the
victims of trafficking in persons is inconsistent with United
States laws and policies and undermines the credibility and mission
of United States Government programs in post-conflict regions.
(11) Further measures are needed to ensure that United States
Government personnel and contractors are held accountable for
involvement with acts of trafficking in persons, including by
expanding United States criminal jurisdiction to all United States
Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT
AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the
following new subsection:
``(h) Prevention of Trafficking in Conjunction With Post-Conflict
and Humanitarian Emergency Assistance.--The United States Agency for
International Development, the Department of State, and the Department
of Defense shall incorporate anti-trafficking and protection measures
for vulnerable populations, particularly women and children, into their
post-conflict and humanitarian emergency assistance and program
activities.''.
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development, in consultation with the Secretary of Defense,
shall conduct a study regarding the threat and practice of
trafficking in persons generated by post-conflict and
humanitarian emergencies in foreign countries.
(B) Factors.--In carrying out the study, the Secretary of
State and the Administrator of the United States Agency for
International Development shall examine--
(i) the vulnerabilities to human trafficking of
commonly affected populations, particularly women and
children, generated by post-conflict and humanitarian
emergencies;
(ii) the various forms of trafficking in persons, both
internal and trans-border, including both sexual and labor
exploitation;
(iii) a collection of best practices implemented to
date to combat human trafficking in such areas; and
(iv) proposed recommendations to better combat
trafficking in persons in conjunction with post-conflict
reconstruction and humanitarian emergencies assistance.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, with the
concurrence of the Secretary of Defense, shall transmit to the
Committee on International Relations and the Committee on Armed
Services of the House of Representatives and the Committee on
Foreign Relations and the Committee on Armed Services of the Senate
a report that contains the results of the study conducted pursuant
to paragraph (1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to Information.--Section 107(c)(2) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by
adding at the end the following new sentence: ``To the extent
practicable, victims of severe forms of trafficking shall have access
to information about federally funded or administered anti-trafficking
programs that provide services to victims of severe forms of
trafficking.''.
(b) Establishment of Pilot Program for Residential Rehabilitative
Facilities for Victims of Trafficking.--
(1) Study.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the United
States Agency for International Development shall carry out a
study to identify best practices for the rehabilitation of
victims of trafficking in group residential facilities in
foreign countries.
(B) Factors.--In carrying out the study under subparagraph
(A), the Administrator shall--
(i) investigate factors relating to the rehabilitation
of victims of trafficking in group residential facilities,
such as the appropriate size of such facilities, services
to be provided, length of stay, and cost; and
(ii) give consideration to ensure the safety and
security of victims of trafficking, provide alternative
sources of income for such victims, assess and provide for
the educational needs of such victims, including literacy,
and assess the psychological needs of such victims and
provide professional counseling, as appropriate.
(2) Pilot program.--Upon completion of the study carried out
pursuant to paragraph (1), the Administrator of the United States
Agency for International Development shall establish and carry out
a pilot program to establish residential treatment facilities in
foreign countries for victims of trafficking based upon the best
practices identified in the study.
(3) Purposes.--The purposes of the pilot program established
pursuant to paragraph (2) are to--
(A) provide benefits and services to victims of
trafficking, including shelter, psychological counseling, and
assistance in developing independent living skills;
(B) assess the benefits of providing residential treatment
facilities for victims of trafficking, as well as the most
efficient and cost-effective means of providing such
facilities; and
(C) assess the need for and feasibility of establishing
additional residential treatment facilities for victims of
trafficking.
(4) Selection of sites.--The Administrator of the United States
Agency for International Development shall select 2 sites at which
to operate the pilot program established pursuant to paragraph (2).
(5) Form of assistance.--In order to carry out the
responsibilities of this subsection, the Administrator of the
United States Agency for International Development shall enter into
contracts with, or make grants to, organizations with relevant
expertise in the delivery of services to victims of trafficking.
(6) Report.--Not later than one year after the date on which
the first pilot program is established pursuant to paragraph (2),
the Administrator of the United States Agency for International
Development shall submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the implementation of
this subsection.
(7) Authorization of appropriations.--There are authorized to
be appropriated to the Administrator of the United States Agency
for International Development to carry out this subsection
$2,500,000 for each of the fiscal years 2006 and 2007.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial Jurisdiction Over Certain Trafficking in
Persons Offenses.--
(1) In general.--Part II of title 18, United States Code, is
amended by inserting after chapter 212 the following new chapter:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING
IN PERSONS OFFENSES
``Sec.
``3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United
States.
``3272. Definitions.
``Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government outside
the United States
``(a) Whoever, while employed by or accompanying the Federal
Government outside the United States, engages in conduct outside the
United States that would constitute an offense under chapter 77 or 117
of this title if the conduct had been engaged in within the United
States or within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``Sec. 3272. Definitions
``As used in this chapter:
``(1) The term `employed by the Federal Government outside the
United States' means--
``(A) employed as a civilian employee of the Federal
Government, as a Federal contractor (including a subcontractor
at any tier), or as an employee of a Federal contractor
(including a subcontractor at any tier);
``(B) present or residing outside the United States in
connection with such employment; and
``(C) not a national of or ordinarily resident in the host
nation.
``(2) The term `accompanying the Federal Government outside the
United States' means--
``(A) a dependant of--
``(i) a civilian employee of the Federal Government; or
``(ii) a Federal contractor (including a subcontractor
at any tier) or an employee of a Federal contractor
(including a subcontractor at any tier);
``(B) residing with such civilian employee, contractor, or
contractor employee outside the United States; and
``(C) not a national of or ordinarily resident in the host
nation.''.
(2) Clerical amendment.--The table of chapters at the beginning
of such part is amended by inserting after the item relating to
chapter 212 the following new item:
``212A. Extraterritorial jurisdiction over certain trafficking in
persons offenses.................................................3271''.
(b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of
title 18, United States Code, is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by adding ``or'' at the end; and
(3) by adding at the end the following new clause:
``(vii) trafficking in persons, selling or buying of
children, sexual exploitation of children, or transporting,
recruiting or harboring a person, including a child, for
commercial sex acts;''.
(c) Definition of Racketeering Activity.--Section 1961(1)(B) of
title 18, United States Code, is amended by striking ``1581-1591'' and
inserting ``1581-1592''.
(d) Civil and Criminal Forfeitures.--
(1) In general.--Chapter 117 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 2428. Forfeitures
``(a) In General.--The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in addition to
any other sentence imposed and irrespective of any provision of State
law, that such person shall forfeit to the United States--
``(1) such person's interest in any property, real or personal,
that was used or intended to be used to commit or to facilitate the
commission of such violation; and
``(2) any property, real or personal, constituting or derived
from any proceeds that such person obtained, directly or
indirectly, as a result of such violation.
``(b) Property Subject to Forfeiture.--
``(1) In general.--The following shall be subject to forfeiture
to the United States and no property right shall exist in them:
``(A) Any property, real or personal, used or intended to
be used to commit or to facilitate the commission of any
violation of this chapter.
``(B) Any property, real or personal, that constitutes or
is derived from proceeds traceable to any violation of this
chapter.
``(2) Applicability of chapter 46.--The provisions of chapter
46 of this title relating to civil forfeitures shall apply to any
seizure or civil forfeiture under this subsection.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2428. Forfeitures.''.
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Appointment to Interagency Task Force to Monitor and Combat
Trafficking.--Section 105(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(b)) is amended--
(1) by striking ``the Director of Central Intelligence'' and
inserting ``the Director of National Intelligence''; and
(2) by inserting ``, the Secretary of Defense, the Secretary of
Homeland Security'' after ``the Director of National Intelligence''
(as added by paragraph (1)).
(b) Minimum Standards for the Elimination of Trafficking.--
(1) Amendments.--Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
(A) in paragraph (3), by adding at the end before the
period the following: ``, measures to reduce the demand for
commercial sex acts and for participation in international sex
tourism by nationals of the country, measures to ensure that
its nationals who are deployed abroad as part of a peacekeeping
or other similar mission do not engage in or facilitate severe
forms of trafficking in persons or exploit victims of such
trafficking, and measures to prevent the use of forced labor or
child labor in violation of international standards''; and
(B) in the first sentence of paragraph (7), by striking
``persons,'' and inserting ``persons, including nationals of
the country who are deployed abroad as part of a peacekeeping
or other similar mission who engage in or facilitate severe
forms of trafficking in persons or exploit victims of such
trafficking,''.
(2) Effective date.--The amendments made by subparagraphs (A)
and (B) of paragraph (1) take effect beginning two years after the
date of the enactment of this Act.
(c) Research.--
(1) Amendments.--Section 112A of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(A) in the first sentence of the matter preceding paragraph
(1)--
(i) by striking ``The President'' and inserting ``(a)
In General.--The President''; and
(ii) by striking ``the Director of Central
Intelligence'' and inserting ``the Director of National
Intelligence'';
(B) in paragraph (3), by adding at the end before the
period the following: ``, particularly HIV/AIDS'';
(C) by adding at the end the following new paragraphs:
``(4) Subject to subsection (b), the interrelationship between
trafficking in persons and terrorism, including the use of profits
from trafficking in persons to finance terrorism.
``(5) An effective mechanism for quantifying the number of
victims of trafficking on a national, regional, and international
basis.
``(6) The abduction and enslavement of children for use as
soldiers, including steps taken to eliminate the abduction and
enslavement of children for use as soldiers and recommendations for
such further steps as may be necessary to rapidly end the abduction
and enslavement of children for use as soldiers.''; and
(D) by further adding at the end the following new
subsections:
``(b) Role of Human Smuggling and Trafficking Center.--The research
initiatives described in subsection (a)(4) shall be carried out by the
Human Smuggling and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)).
``(c) Definitions.--In this section:
``(1) AIDS.--The term `AIDS' means the acquired immune
deficiency syndrome.
``(2) HIV.--The term `HIV' means the human immunodeficiency
virus, the pathogen that causes AIDS.
``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to an
individual, an individual who is infected with HIV or living with
AIDS.''.
(2) Report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Human Smuggling and Trafficking
Center (established pursuant to section 7202 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)) shall submit to the appropriate
congressional committees a report on the results of the
research initiatives carried out pursuant to section 112A(4) of
the Trafficking Victims Protection Act of 2000 (as added by
paragraph (1)(C) of this subsection).
(B) Definition.--In this paragraph, the term ``appropriate
congressional committees'' means--
(i) the Committee on International Relations and the
Committee on the Judiciary of the House of Representatives;
and
(ii) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
(d) Foreign Service Officer Training.--Section 708(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``, the
Director of the Office to Monitor and Combat Trafficking,'' after
``the International Religious Freedom Act of 1998'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) instruction on international documents and United States
policy on trafficking in persons, including provisions of the
Trafficking Victims Protection Act of 2000 (division A of Public
Law 106-386; 22 U.S.C. 7101 et seq.) which may affect the United
States bilateral relationships.''.
(e) Prevention of Trafficking by Peacekeepers.--
(1) Inclusion in trafficking in persons report.--Section
110(b)(1) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) information on the measures taken by the United
Nations, the Organization for Security and Cooperation in
Europe, the North Atlantic Treaty Organization and, as
appropriate, other multilateral organizations in which the
United States participates, to prevent the involvement of the
organization's employees, contractor personnel, and
peacekeeping forces in trafficking in persons or the
exploitation of victims of trafficking.''.
(2) Report by secretary of state.--At least 15 days prior to
voting for a new or reauthorized peacekeeping mission under the
auspices of the United Nations, the North Atlantic Treaty
Organization, or any other multilateral organization in which the
United States participates (or in an emergency, as far in advance
as is practicable), the Secretary of State shall submit to the
Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the Senate,
and any other appropriate congressional committee a report that
contains--
(A) a description of measures taken by the organization to
prevent the organization's employees, contractor personnel, and
peacekeeping forces serving in the peacekeeping mission from
trafficking in persons, exploiting victims of trafficking, or
committing acts of sexual exploitation or abuse, and the
measures in place to hold accountable any such individuals who
engage in any such acts while participating in the peacekeeping
mission; and
(B) an analysis of the effectiveness of each of the
measures referred to in subparagraph (A).
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) Activities of the Department of State.--
(1) Finding.--Congress finds that in the report submitted to
Congress by the Secretary of State in June 2005 pursuant to section
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)), the list of countries whose governments do not comply
with the minimum standards for the elimination of trafficking and
are not making significant efforts to bring themselves into
compliance was composed of a large number of countries in which the
trafficking involved forced labor, including the trafficking of
women into domestic servitude.
(2) Sense of congress.--It is the sense of Congress that the
Director of the Office to Monitor and Combat Trafficking of the
Department of State should intensify the focus of the Office on
forced labor in the countries described in paragraph (1) and other
countries in which forced labor continues to be a serious human
rights concern.
(b) Activities of the Department of Labor.--
(1) In general.--The Secretary of Labor, acting through the
head of the Bureau of International Labor Affairs of the Department
of Labor, shall carry out additional activities to monitor and
combat forced labor and child labor in foreign countries as
described in paragraph (2).
(2) Additional activities described.--The additional activities
referred to in paragraph (1) are--
(A) to monitor the use of forced labor and child labor in
violation of international standards;
(B) to provide information regarding trafficking in persons
for the purpose of forced labor to the Office to Monitor and
Combat Trafficking of the Department of State for inclusion in
trafficking in persons report required by section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b));
(C) to develop and make available to the public a list of
goods from countries that the Bureau of International Labor
Affairs has reason to believe are produced by forced labor or
child labor in violation of international standards;
(D) to work with persons who are involved in the production
of goods on the list described in subparagraph (C) to create a
standard set of practices that will reduce the likelihood that
such persons will produce goods using the labor described in
such subparagraph; and
(E) to consult with other departments and agencies of the
United States Government to reduce forced and child labor
internationally and ensure that products made by forced labor
and child labor in violation of international standards are not
imported into the United States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program to Reduce Trafficking in Persons and Demand for
Commercial Sex Acts in the United States.--
(1) Comprehensive research and statistical review and analysis
of incidents of trafficking in persons and commercial sex acts.--
(A) In general.--The Attorney General shall use available
data from State and local authorities as well as research data
to carry out a biennial comprehensive research and statistical
review and analysis of severe forms of trafficking in persons,
and a biennial comprehensive research and statistical review
and analysis of sex trafficking and unlawful commercial sex
acts in the United States, and shall submit to Congress
separate biennial reports on the findings.
(B) Contents.--The research and statistical review and
analysis under this paragraph shall consist of two separate
studies, utilizing the same statistical data where appropriate,
as follows:
(i) The first study shall address severe forms of
trafficking in persons in the United States and shall
include, but need not be limited to--
(I) the estimated number and demographic
characteristics of persons engaged in acts of severe
forms of trafficking in persons; and
(II) the number of investigations, arrests,
prosecutions, and incarcerations of persons engaged in
acts of severe forms of trafficking in persons by
States and their political subdivisions.
(ii) The second study shall address sex trafficking and
unlawful commercial sex acts in the United States and shall
include, but need not be limited to--
(I) the estimated number and demographic
characteristics of persons engaged in sex trafficking
and commercial sex acts, including purchasers of
commercial sex acts;
(II) the estimated value in dollars of the
commercial sex economy, including the estimated average
annual personal income derived from acts of sex
trafficking;
(III) the number of investigations, arrests,
prosecutions, and incarcerations of persons engaged in
sex trafficking and unlawful commercial sex acts,
including purchasers of commercial sex acts, by States
and their political subdivisions; and
(IV) a description of the differences in the
enforcement of laws relating to unlawful commercial sex
acts across the United States.
(2) Trafficking conference.--
(A) In general.--The Attorney General, in consultation and
cooperation with the Secretary of Health and Human Services,
shall conduct an annual conference in each of the fiscal years
2006, 2007, and 2008, and thereafter conduct a biennial
conference, addressing severe forms of trafficking in persons
and commercial sex acts that occur, in whole or in part, within
the territorial jurisdiction of the United States. At each such
conference, the Attorney General, or his designee, shall--
(i) announce and evaluate the findings contained in the
research and statistical reviews carried out under
paragraph (1);
(ii) disseminate best methods and practices for
enforcement of laws prohibiting acts of severe forms of
trafficking in persons and other laws related to acts of
trafficking in persons, including, but not limited to, best
methods and practices for training State and local law
enforcement personnel on the enforcement of such laws;
(iii) disseminate best methods and practices for
training State and local law enforcement personnel on the
enforcement of laws prohibiting sex trafficking and
commercial sex acts, including, but not limited to, best
methods for investigating and prosecuting exploiters and
persons who solicit or purchase an unlawful commercial sex
act; and
(iv) disseminate best methods and practices for
training State and local law enforcement personnel on
collaborating with social service providers and relevant
nongovernmental organizations and establishing trust of
persons subjected to commercial sex acts or severe forms of
trafficking in persons.
(B) Participation.--Each annual conference conducted under
this paragraph shall involve the participation of persons with
expertise or professional responsibilities with relevance to
trafficking in persons, including, but not limited to--
(i) Federal Government officials, including law
enforcement and prosecutorial officials;
(ii) State and local government officials, including
law enforcement and prosecutorial officials;
(iii) persons who have been subjected to severe forms
of trafficking in persons or commercial sex acts;
(iv) medical personnel;
(v) social service providers and relevant
nongovernmental organizations; and
(vi) academic experts.
(C) Reports.--The Attorney General and the Secretary of
Health and Human Services shall prepare and post on the
respective Internet Web sites of the Department of Justice and
the Department of Health and Human Services reports on the
findings and best practices identified and disseminated at the
conference described in this paragraph.
(b) Termination of Certain Grants, Contracts, and Cooperative
Agreements.--Section 106(g) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104) is amended--
(1) by striking ``Cooperative Agreements.--'' and all that
follows through ``The President shall'' and inserting ``Cooperative
Agreements.--The President shall'';
(2) by striking ``described in paragraph (2)''; and
(3) by striking paragraph (2).
(c) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $2,500,000 for each of the fiscal years 2006 and 2007 to
carry out the activities described in subsection (a)(1)(B)(i) and
$2,500,000 for each of the fiscal years 2006 and 2007 to carry out
the activities described in subsection (a)(1)(B)(ii); and
(2) $1,000,000 for each of the fiscal years 2006 through 2007
to carry out the activities described in subsection (a)(2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
(a) Grant Program.--The Secretary of Health and Human Services may
make grants to States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service organizations to establish,
develop, expand, and strengthen assistance programs for United States
citizens or aliens admitted for permanent residence who are the subject
of sex trafficking or severe forms of trafficking in persons that
occurs, in whole or in part, within the territorial jurisdiction of the
United States.
(b) Selection Factor.--In selecting among applicants for grants
under subsection (a), the Secretary shall give priority to applicants
with experience in the delivery of services to persons who have been
subjected to sexual abuse or commercial sexual exploitation and to
applicants who would employ survivors of sexual abuse or commercial
sexual exploitation as a part of their proposed project.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to
carry out the activities described in this section.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) Establishment of Pilot Program.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Health and
Human Services shall establish and carry out a pilot program to
establish residential treatment facilities in the United States for
juveniles subjected to trafficking.
(b) Purposes.--The purposes of the pilot program established
pursuant to subsection (a) are to--
(1) provide benefits and services to juveniles subjected to
trafficking, including shelter, psychological counseling, and
assistance in developing independent living skills;
(2) assess the benefits of providing residential treatment
facilities for juveniles subjected to trafficking, as well as the
most efficient and cost-effective means of providing such
facilities; and
(3) assess the need for and feasibility of establishing
additional residential treatment facilities for juveniles subjected
to trafficking.
(c) Selection of Sites.--The Secretary of Health and Human Services
shall select three sites at which to operate the pilot program
established pursuant to subsection (a).
(d) Form of Assistance.--In order to carry out the responsibilities
of this section, the Secretary of Health and Human Services shall enter
into contracts with, or make grants to, organizations that--
(1) have relevant expertise in the delivery of services to
juveniles who have been subjected to sexual abuse or commercial
sexual exploitation; or
(2) have entered into partnerships with organizations that have
expertise as described in paragraph (1) for the purpose of
implementing the contracts or grants.
(e) Report.--Not later than one year after the date on which the
first pilot program is established pursuant to subsection (a), the
Secretary of Health and Human Services shall submit to Congress a
report on the implementation of this section.
(f) Definition.--In this section, the term ``juvenile subjected to
trafficking'' means a United States citizen, or alien admitted for
permanent residence, who is the subject of sex trafficking or severe
forms of trafficking in persons that occurs, in whole or in part,
within the territorial jurisdiction of the United States and who has
not attained 18 years of age at the time the person is identified as
having been the subject of sex trafficking or severe forms of
trafficking in persons.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $5,000,000 for each of the fiscal years 2006 and 2007.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of Grant Program for Law Enforcement.--
(1) In general.--The Attorney General may make grants to States
and local law enforcement agencies to establish, develop, expand,
or strengthen programs--
(A) to investigate and prosecute acts of severe forms of
trafficking in persons, and related offenses, which involve
United States citizens, or aliens admitted for permanent
residence, and that occur, in whole or in part, within the
territorial jurisdiction of the United States;
(B) to investigate and prosecute persons who engage in the
purchase of commercial sex acts;
(C) to educate persons charged with, or convicted of,
purchasing or attempting to purchase commercial sex acts; and
(D) to educate and train law enforcement personnel in how
to establish trust of persons subjected to trafficking and
encourage cooperation with prosecution efforts.
(2) Definition.--In this subsection, the term ``related
offenses'' includes violations of tax laws, transacting in
illegally derived proceeds, money laundering, racketeering, and
other violations of criminal laws committed in connection with an
act of sex trafficking or a severe form of trafficking in persons.
(b) Multi-Disciplinary Approach Required.--Grants under subsection
(a) may be made only for programs in which the State or local law
enforcement agency works collaboratively with social service providers
and relevant nongovernmental organizations, including organizations
with experience in the delivery of services to persons who are the
subject of trafficking in persons.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$25,000,000 for each of the fiscal years 2006 and 2007.
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) the amount, recipient, and purpose of each grant
under sections 202 and 204 of the Trafficking Victims
Protection Act of 2005; and''.
SEC. 206. SENIOR POLICY OPERATING GROUP.
Each Federal department or agency involved in grant activities
related to combatting trafficking or providing services to persons
subjected to trafficking inside the United States shall, as the
department or agency determines appropriate, apprise the Senior Policy
Operating Group established by section 105(f) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)),
under the procedures established by the Senior Policy Operating Group,
of such activities of the department or agency to ensure that the
activities are consistent with the purposes of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).
SEC. 207. DEFINITIONS.
In this title:
(1) Severe forms of trafficking in persons.--The term ``severe
forms of trafficking in persons'' has the meaning given the term in
section 103(8) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102(8)).
(2) Sex trafficking.--The term ``sex trafficking'' has the
meaning given the term in section 103(9) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(9)).
(3) Commercial sex act.--The term ``commercial sex act'' has
the meaning given the term in section 103(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(3)).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) by striking ``and $5,000,000'' and inserting
``$5,000,000'';
(B) by adding at the end before the period the following:
``, and $5,500,000 for each of the fiscal years 2006 and
2007''; and
(C) by further adding at the end the following new
sentence: ``In addition, there are authorized to be
appropriated to the Office to Monitor and Combat Trafficking
for official reception and representation expenses $3,000 for
each of the fiscal years 2006 and 2007.'';
(2) in subsection (b), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007'';
(3) in subsection (c)(1), by striking ``2004 and 2005'' each
place it appears and inserting ``2004, 2005, 2006, and 2007'';
(4) in subsection (d), by striking ``2004 and 2005'' each place
it appears and inserting ``2004, 2005, 2006, and 2007'';
(5) in subsection (e)--
(A) in paragraphs (1) and (2), by striking ``2003 through
2005'' and inserting ``2003 through 2007''; and
(B) in paragraph (3), by striking ``$300,000 for fiscal
year 2004 and $300,000 for fiscal year 2005'' and inserting
``$300,000 for each of the fiscal years 2004 through 2007'';
(6) in subsection (f), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007''; and
(7) by adding at the end the following new subsections:
``(h) Authorization of Appropriations to Director of the FBI.--
There are authorized to be appropriated to the Director of the Federal
Bureau of Investigation $15,000,000 for fiscal year 2006, to remain
available until expended, to investigate severe forms of trafficking in
persons.
``(i) Authorization of Appropriations to the Secretary of Homeland
Security.--There are authorized to be appropriated to the Secretary of
Homeland Security, $18,000,000 for each of the fiscal years 2006 and
2007, to remain available until expended, for investigations by the
Bureau of Immigration and Customs Enforcement of severe forms of
trafficking in persons.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.