William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3887 Referred in Senate (RFS)]

1st Session
H. R. 3887

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 5, 2007

Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

AN ACT

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Interagency Task Force to Monitor and Combat Trafficking.
Sec. 102. Office to Monitor and Combat Trafficking.
Sec. 103. Prevention and prosecution of trafficking in foreign
countries.
Sec. 104. Assistance for victims of trafficking in other countries.
Sec. 105. Increasing effectiveness of anti-trafficking programs.
Sec. 106. Minimum standards for the elimination of trafficking.
Sec. 107. Actions against governments failing to meet minimum
standards.
Sec. 108. Research on domestic and international trafficking in
persons.
Sec. 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons.
Sec. 110. Responsibilities of consular officers of the Department of
State.
Sec. 111. Report on activities of the Department of Labor to monitor
and combat forced labor and child labor.
Sec. 112. Sense of Congress regarding multilateral framework between
labor exporting and labor importing
countries.
TITLE II--COMBATTING TRAFFICKING IN PERSONS IN THE UNITED STATES

Subtitle A--Ensuring Availability of Possible Witnesses and Informants

Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Information for work-based nonimmigrants on legal rights and
resources.
Sec. 203. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 204. Expansion of authority to permit continued presence in the
United States.
Sec. 205. Implementation of Trafficking Victims Protection
Reauthorization Act of 2005.
Subtitle B--Assistance for Trafficking Victims

Sec. 211. Victim of trafficking certification process.
Sec. 212. Assistance for certain nonimmigrant status applicants.
Sec. 213. Interim assistance for child victims of trafficking.
Sec. 214. Ensuring assistance for all victims of trafficking in
persons.
Subtitle C--Penalties Against Traffickers and Other Crimes

Sec. 221. Enhancing trafficking and other related offenses.
Sec. 222. Jurisdiction in certain trafficking offenses.
Sec. 223. Amendment of other crimes related to trafficking.
Sec. 224. New model statute provided to States.
Subtitle D--Activities of the United States Government

Sec. 231. Annual report by the Attorney General.
Sec. 232. Anti-trafficking survey and conferences.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Efforts by Departments of Justice and Labor to combat human
trafficking.
Sec. 235. Preventing United States travel by traffickers.
Sec. 236. Enhancing efforts to combat the trafficking of children.
Sec. 237. Temporary increase in fee for certain consular services.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Trafficking Victims Protection Act of 2000.
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005.
Sec. 303. Rule of construction.
Sec. 304. Technical amendments.
TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Sense of Congress.
Sec. 405. Prohibition on provision of military assistance to foreign
governments that recruit or use child
soldiers.
Sec. 406. Reports.
Sec. 407. Training for Foreign Service officers.

TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

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

Section 105(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of
Education,'' after ``the Secretary of Homeland Security,''.

SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

(a) In General.--Section 105(e) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(e)) is amended to read as
follows:
``(e) Office to Monitor and Combat Trafficking.--
``(1) Establishment.--The Secretary of State shall
establish within the Department of State an Office to Monitor
and Combat Trafficking, which shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate, with the rank of Ambassador-at-
Large.
``(2) Responsibilities.--The Director shall have the
following responsibilities:
``(A) The Director shall have primary
responsibility for assisting the Secretary of State in
carrying out the purposes of this division, shall
provide assistance to the Task Force, and may have
additional responsibilities as determined by the
Secretary of State.
``(B) The Director shall consult with
nongovernmental organizations and multilateral
organizations, and with trafficking victims or other
affected persons. The Director shall have the authority
to take evidence in public hearings or by other means.
``(C) The Director shall, in coordination and
cooperation with the Assistant Secretary for
International Labor Affairs and other officials at the
Department of State involved in corporate
responsibility and other relevant officials of the
United States Government, be responsible for promoting,
building, and sustaining partnerships between the
United States Government and private entities
(including foundations, universities, corporations,
community-based organizations, and other
nongovernmental organizations) to ensure that United
States citizens do not use any item, product, or
material produced or extracted with the use of labor
from victims of severe forms of trafficking and to
ensure that such entities do not contribute to
trafficking in persons involving sexual exploitation,
such as through work with the airlines and tourism
industries.
``(D) The Director shall be solely responsible for
all policy, funding, and programming decisions
regarding funds made available for trafficking in
persons programs that are centrally controlled by the
Department of State.
``(3) Coordination.--Any trafficking in persons programs of
the Department of State or the United States Agency for
International Development that are not centrally controlled by
the Department of State shall be carried out with concurrence
of the Director.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should make every effort to
locate the Office to Monitor and Combat Trafficking,
established pursuant to section 105(e) of the Trafficking
Victims Protection Act of 2000 (as amended by subsection (a) of
this section), at the headquarters for the Department of State,
known as the Harry S. Truman Federal Building, located in the
District of Columbia; and
(2) the Office to Monitor and Combat Trafficking should be
assigned office space in such building that reflects the
importance of the implementation of such Act and the broad and
historic mission of the Office to end modern-day slavery.

SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN
COUNTRIES.

(a) Prevention.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the
following new subsection:
``(i) Additional Measures To Prevent and Deter Trafficking.--The
President shall establish and carry out programs to prevent and deter
trafficking in persons. Such programs may include--
``(1) technical assistance and other support for the
capacity of foreign governments to investigate, identify, and
carry out inspections of private entities, including labor
recruitment centers, at which trafficking victims may be
exploited, particularly exploitation involving forced and child
labor;
``(2) technical assistance and other support for foreign
governments and nongovernmental organizations to provide
immigrant populations with information regarding the rights of
such populations in the foreign country and any information
regarding in-country nongovernmental organization-operated
hotlines of the type described in section 107(a)(1)(A) of this
Act, with such information to be provided in the native
languages of the major immigrant groups of such populations;
``(3) technical assistance to provide legal frameworks and
other programs to foreign governments and nongovernmental
organizations to ensure that foreign migrant workers are
provided protection equal to nationals of the foreign country,
that labor recruitment firms are regulated, and that workers
providing domestic services in households are provided
protection under labor rights laws; and
``(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country
to reduce the ability of traffickers to exploit such
populations.''.
(b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before
the semi-colon the following: ``, including investigation of
individuals and entities that may be involved in trafficking in persons
involving sexual exploitation''.

SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES.

Section 107(a) of Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by inserting at the end
before the period the following: ``, and shall be
carried out in a manner which takes into account the
cross-border, regional, and transnational aspects of
trafficking in persons''; and
(B) by adding at the end the following new
subparagraph:
``(F) In cooperation and coordination with the
United Nations High Commissioner for Refugees, the
International Organization of Migration, and other
relevant organizations (including private
nongovernmental organizations that contract with the
United States Government to assist refugees and
internally displaced persons), support for increased
protections for refugees and internally displaced
persons, including outreach and education efforts to
prevent such refugees and internally displaced persons
from being exploited by traffickers and ensuring
performance of best interest determinations for
unaccompanied and separated children to identify child
trafficking victims and assist their safe integration,
reintegration, and resettlement.''; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``In carrying out this paragraph, the Secretary
and the Administrator shall take all appropriate steps to
ensure that cooperative efforts among foreign countries are
undertaken on a regional basis.''.

SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

(a) Findings.--Congress makes the following findings:
(1) United States assistance programs require enhanced
monitoring and evaluation to ensure that United States funds
are appropriately spent.
(2) Such monitoring and evaluation should measure results--
the actual effects of assistance--as well as outcomes--the
numerical product of assistance, such as the number of
individuals assisted, systems established, and funds provided
through programs.
(3) While the results of programs related to trafficking in
persons may be difficult to measure because of the criminal and
underground nature of trafficking in persons, making efforts to
measure such results are critical to learning the extent to
which United States assistance programs affect the nature and
severity of trafficking and change the fundamental conditions
that facilitate trafficking.
(b) Amendment.--The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.) is amended by inserting after section 107 the
following new section:

``SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.

``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
The head of each department and agency of the United States Government
that administers funds made available for programs described in this
division and the amendments made by this division in the United States
and foreign countries shall--
``(1) make solicitations of grants, cooperative agreements,
and contracts for such programs publicly available;
``(2) award grants, cooperative agreements, and contracts
on a full and open competitive basis, consistent with existing
law; and
``(3) ensure that internal department or agency review
process for such grants, cooperative agreements, and contracts
is not subject to ad hoc or intermittent review by individuals
or organizations outside the United States Government not
otherwise provided for in the process described in paragraphs
(1) and (2).
``(b) Evaluation of Trafficking Programs.--
``(1) In general.--The President shall establish and
implement a system to monitor and evaluate the effectiveness
and efficiency of assistance provided under anti-trafficking
programs established and carried out under this division and
the amendments made by this division on a program-by-program
basis in order to maximize the long-term sustainable
development impact of such assistance.
``(2) Requirements.--In carrying out paragraph (1), the
President shall--
``(A) establish performance goals for assistance
described in paragraph (1) and express such goals in an
objective and quantifiable form, to the extent
practicable;
``(B) ensure that performance indicators are used
for each United States program authorized by this
division and the amendments made by this division to
measure and assess the achievement of the performance
goals described in subparagraph (A); and
``(C) provide a basis for recommendations for
adjustments to assistance described in paragraph (1) to
enhance the impact of such assistance.
``(c) Targeted Use of Trafficking Programs.--The Director of the
Office to Monitor and Combat Trafficking shall undertake efforts to
provide assistance to foreign countries and nongovernmental
organizations under this division and the amendments made by this
division based on the priorities and country assessments contained in
the most recent report submitted by the Secretary of State to Congress
pursuant to section 110(b) of this Act.
``(d) Consistency With Other Programs.--The President shall take
steps to ensure that the design, monitoring, and evaluation of United
States assistance programs for emergency relief, development, and
poverty alleviation under part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 and other similar United States
assistance programs are carried out in a manner that takes into account
and are consistent with United States policies and other United States
programs relating to combatting trafficking in persons.
``(e) Authorization of Appropriations.--For each of the fiscal
years 2008 through 2011, up to 2 percent of the amounts made available
to carry out this division and the amendments made by this division may
be used to carry out this section.''.

SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

(a) Minimum Standards.--Subsection (a) of section 108 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106) is amended
in the matter preceding paragraph (1) by striking ``a significant
number of''.
(b) Criteria.--Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting at the end
before the period the following: ``, including in all
appropriate cases requiring incarceration of
individuals convicted of such acts''; and
(B) by inserting after the first sentence the
following new sentence: ``For purposes of the preceding
sentence, suspended or significantly-reduced sentences
for convictions of principal actors in cases of severe
forms of trafficking in persons shall not be considered
to be an indicator of serious and sustained efforts to
eliminate severe forms of trafficking in persons.'';
(2) in paragraph (2), by inserting at the end before the
period the following: ``, including by providing training to
law enforcement and immigration officials in the identification
and treatment of trafficking victims using approaches that
focus on the needs of the victims'';
(3) in paragraph (3), by striking ``, measures to reduce
the demand for commercial sex acts and for participation in
international sex tourism by nationals of the country'' and
inserting ``, measures to establish the identity of local
populations, including birth registration, citizenship, and
nationality''; and
(4) by adding at the end the following new paragraph:
``(11) Whether the government of the country has made
serious and sustained efforts to reduce the demand for--
``(A) commercial sex acts; and
``(B) participation in international sex tourism by
nationals of the country.''.

SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.

(a) Countries on Special Watch List Relating to Trafficking in
Persons for Two Consecutive Years.--Subsection (b)(3) of section 110 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is
amended by adding the following at the end the following new
subparagraph:
``(D) Countries on special watch list for two
consecutive years.--If a country is included on the
special watch list described in subparagraph (A) for
two consecutive years, such country shall be included
on the list of countries described in paragraph (1)(C),
unless the Secretary of State determines that (i) the
country has a written plan to begin making significant
efforts to bring itself into compliance with the
minimum standards for the elimination of trafficking,
(ii) the plan, if implemented, would constitute making
such significant efforts, and (iii) the country is
devoting sufficient resources to implement the plan,
and, as part of the report required by paragraph (1)
and the interim assessment required by subparagraph
(B), the Secretary provides to the appropriate
congressional committees credible evidence that the
country meets the requirements of clauses (i) through
(iii). The Secretary may make a determination under the
preceding sentence with respect to a country for not
more than two consecutive years.''.
(b) Clarification of Measures Against Certain Foreign Countries.--
Subsection (d)(1)(A)(ii) of such section is amended by striking ``the
United States will not provide'' and inserting ``the United States will
not provide such assistance to the government of the country for the
subsequent fiscal year and will not provide''.
(c) Translation of Trafficking in Persons Report.--
(1) Translation required.--The Secretary of State shall
expand the timely translation of the annual report required
under section 110(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)) into the principal languages of as
many countries as possible, with particular emphasis on those
countries on the lists described in subparagraphs (B) and (C)
of paragraph (1) of such section and shall ensure that such
translations are made available to the public, including
through postings on appropriate Internet websites.
(2) Matters to be included.--The translation required by
paragraph (1) shall include the introduction, other sections of
general interest, and the relevant country narratives of the
annual report. The Secretary of State shall ensure that such
translations are available on the Internet website of the
Department of State.

SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.

(a) In General.--Subsection (a)(5) of section 112A of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended
by adding at the end the following new sentence: ``Such mechanism shall
include, not later than two years after the date of the enactment of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2007, the establishment of an integrated data base by combining
all applicable data collected by each Federal department and agency
represented on the Interagency Task Force to Monitor and Combat
Trafficking (established under section 105 of this Act) and, to the
maximum extent practicable, applicable data from relevant international
organizations, for the purposes of improving coordination of the
collection of data related to trafficking in persons by each agency of
the United States Government that collects such data, promoting
uniformity of such data collection and standards and systems related to
such collection, and undertaking a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like conditions.''.
(b) Role of Government.--Subsection (b) of such section is amended
by inserting after ``subsection (a)(4)'' the following: ``and the
second sentence of subsection (a)(5)''.

SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.

The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.) is amended by inserting after section 112A the following new
section:

``SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.

``(a) Establishment of Award.--The President is authorized to
establish an award for extraordinary efforts to combat trafficking in
persons, to be known as the `Presidential Award for Extraordinary
Efforts to Combat Trafficking in Persons'. To the maximum extent
practicable, the Secretary should make the award annually to up to 5
individuals or organizations, including individuals who are United
States citizens or foreign nationals and United States or foreign
nongovernmental organizations.
``(b) Selection.--The President shall establish procedures for
selecting recipients of the award authorized under subsection (a).
``(c) Ceremony.--The President shall host an annual ceremony for
recipients of the award authorized under subsection (a) at the time the
report required by section 110(b) of this Act is submitted by the
Secretary of State to Congress pursuant to such section. The Secretary
of State is authorized to pay the costs associated with travel by each
recipient and a guest of the recipient to the ceremony.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2008 through 2011.''.

SEC. 110. RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF
STATE.

(a) Interviews.--
(1) In general.--In the case of a consular interview of an
alien for an employment- or education-based nonimmigrant visa,
the consular officer conducting the interview shall ensure that
the alien has received, both orally in a language that the
applicant understands and though the pamphlet required under
section 202, information relating to the following:
(A) The illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail and
worker exploitation in the United States, and the right
of the alien to retain the alien's passport in the
alien's possession at all times.
(B) The availability of services for victims of
human trafficking and worker exploitation in the United
States, including the contact information for relevant
community organizations that provide services to
trafficking victims (to the extent practicable),
Federal law enforcement and victim services complaint
lines, and a general description of the types of
victims services available if an individual is subject
to trafficking in persons.
(C) The legal rights of immigrant victims of
trafficking in persons, worker exploitation, and other
related crimes under immigration, labor, and employment
law, including the right to report abuse without
retaliation, the availability of immigration and public
benefits to such victims, and the right to seek redress
in United States courts.
(D) If applicable, the requirements that section
202(g)(2) places upon persons engaging in foreign labor
contracting activity.
(2) Review.--Before conducting an interview described in
paragraph (1), the consular officer shall review the summary of
the pamphlet required under section 202.
(3) Definition.--In this subsection, the term ``employment-
or education-based nonimmigrant visa'' has the meaning given
such term in section 202(h).
(b) Special Provisions Relating to Aliens Issued A-3 and G-5
Visas.--
(1) Elements of mandatory interview.--The interview
required under subsection (a) shall be required for the
issuance to an alien of a nonimmigrant visa under subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)). The consular officer
conducting the interview shall ensure that the employment
contract of the alien is in a language that the alien can
understand.
(2) Feasibility of oversight of employees of diplomats and
representatives of other institutions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report on the feasibility of--
(A) establishing a system to monitor the treatment
of aliens who have been admitted to the United States
as nonimmigrants described in subparagraph (A)(iii) or
(G)(v) of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) a range of compensation approaches, such as a
bond program, compensation fund, or insurance scheme,
to ensure that nonimmigrants described in subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the
Immigration and Nationality Act receive appropriate
compensation if their employer violates the terms of
their employment contract and, with respect to each
proposed compensation approach, an evaluation and
proposal of how claims of rights violations will be
adjudicated, compensation determinations will be made,
and the program, fund, or scheme will be administered.
(3) Assistance to law enforcement investigations.--The
Secretary of State shall cooperate, to the fullest extent
possible consistent with the United States obligations under
the Vienna Convention on Diplomatic Relations, done at Vienna,
April 18, 1961, (23 U.S.T. 3229), with any investigation by
United States law enforcement authorities of crimes related to
trafficking in persons, worker exploitation, or other related
violations of United States law with respect to an alien
described in paragraph (1).
(4) Zero tolerance for abuse.--
(A) Limitation.--The Secretary of State shall
direct consular officers not to issue a visa to an
alien who applies for a visa under subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the
Immigration and Nationality Act if the person who would
employ such an alien serves at a diplomatic mission or
an international institution described in subparagraph
(B) of this paragraph.
(B) Mission or institution.--A diplomatic mission
or international institution is referred to in
subparagraph (A) if--
(i) the Secretary of State determines that
an alien described in paragraph (1) has been
subjected to trafficking of persons, worker
exploitation, or other related violations of
United States law, by an individual serving at
such a mission or institution during the two
year period before the date of the application
for a visa referred to in subparagraph (A); or
(ii) an individual serving at such a
mission or institution has departed the United
States and there is credible evidence that such
individual trafficked, exploited, or otherwise
abused an alien described in paragraph (1).
(C) Exception.--The Secretary of State may suspend
the application of the limitation under subparagraph
(A) if the Secretary determines and reports to the
committees specified in paragraph (2) that a mechanism
is in place to ensure that such trafficking,
exploitation, or abuse does not occur again with
respect to any alien employed by such mission or
institution.
(5) Report.--Not later than June 1, 2008, and annually
thereafter, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
describing the diplomatic missions or international
institutions that are subject to the visa restriction referred
to in subparagraph (A) of paragraph (4), any exceptions that
have been made pursuant to subparagraph (C) of such paragraph
(4), and any requests for waivers of diplomatic immunity that
have been made that are related to actions involving
trafficking of persons, worker exploitation, or other related
violations of United States law. Such report may be combined
with the annual report required by section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)).

SEC. 111. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR
AND COMBAT FORCED LABOR AND CHILD LABOR.

(a) Interim Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
appropriate congressional committees an interim report on the
implementation of section 105(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112(b)), which shall include a
description of the progress made toward developing the list of goods
described in paragraph (2)(C) of such section.
(b) Final Report; Public Availability of List.--Not later than
January 15, 2009, the Secretary of Labor shall--
(1) submit to the appropriate congressional committees a
final report on the implementation of section 105(b) of the
Trafficking Victims Protection Reauthorization Act of 2005,
which shall include an initial list of goods described in
paragraph (2)(C) of such section; and
(2) make available to the public such list of goods in
accordance with paragraph (2)(C) of such section.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
the term in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).

SEC. 112. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN
LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.

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

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

Subtitle A--Ensuring Availability of Possible Witnesses and Informants

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

(a) T Visas.--Section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``Security and the Attorney General jointly;''
and inserting ``Security, in consultation with the
Attorney General,'';
(B) in subclause (I), by striking the comma at the
end and inserting a semicolon;
(C) in subclause (II), by adding at the end the
following: ``including physical presence on account of
the alien having been allowed entry into the United
States for participation in investigative or judicial
processes;'';
(D) in subclause (III)--
(i) in item (aa), by striking ``or'' at the
end;
(ii) in item (bb), by striking ``, and'' at
the end and inserting ``; and'';
(iii) by redesignating item (bb) as item
(cc); and
(iv) by inserting after item (aa) the
following:
``(bb) in the Secretary's sole and unreviewable
discretion, in consultation with the Attorney General,
that the alien is unlikely or unable to cooperate with
such a request due to physical or psychological trauma;
or''; and
(E) in subclause (IV), by adding ``and'' at the
end;
(2) in clause (ii)--
(A) in subclause (I), by striking ``or'' at the
end;
(B) in subclause (II), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding the following at the end:
``(III) any parents or siblings of an alien
described in subclause (I) or (II) who face a present
danger of retaliation, as attested to by a
representative of a law enforcement agency, as a result
of the alien's escape from the severe form of
trafficking or cooperation with law enforcement.''; and
(3) by striking clause (iii).
(b) Requirements for T Visa Issuance.--Section 214(o) of the
Immigration and Nationality Act (8 U.S.C. 1184(o)) is amended--
(1) in paragraph (7)(B)--
(A) by striking ``subparagraph (A) if a Federal''
and inserting the following:
``subparagraph (A) if--
``(i) a Federal'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(ii) the Secretary of Homeland Security determines, as a
matter of the Secretary's sole discretion, that an extension of
the period of such nonimmigrant status is warranted due to
exceptional circumstances.''; and
(2) by adding at the end the following:
``(8) In determining whether extreme hardship described in section
101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland Security, in
consultation with the Attorney General and relevant investigators,
prosecutors, and individuals responsible for working with victims and
witnesses, may consider whether the country to which the alien is
likely to be removed can adequately address security concerns and the
mental and physical health needs of the alien and of persons described
in section 101(a)(15)(T)(ii).''.
(c) Conditions on Nonimmigrant Status for Certain Crime Victims.--
Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(6)) is amended by adding at the end the following: ``The
Secretary of Homeland Security may extend the authorized period of
status of an alien as a nonimmigrant under section 101(a)(15)(U) of
this title for a period exceeding 4 years if the Secretary determines,
as a matter of the Secretary's sole discretion, that an extension of
such period is warranted due to exceptional circumstances.''.
(d) Adjustment of Status for Trafficking Victims.--Section 245(l)
of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``the Attorney General,,'' and inserting ``the
Secretary of Homeland Security in consultation with the
Attorney General,'';
(2) in paragraph (1)(B), by inserting ``subject to
paragraph (6),'' after ``(B)'';
(3) in paragraph (1)(C)(ii), by striking ``, or in the case
of subparagraph (C)(i), the Attorney General,'';
(4) in paragraph (3), by striking the period at the end and
inserting the following: ``, unless the absence is in order to
assist in the investigation or prosecution or unless an
official involved in the investigation or prosecution certifies
that the absence was otherwise justified.''; and
(5) by adding at the end the following:
``(6) For purposes of paragraph (1)(B), the Secretary of Homeland
Security, in the Secretary's sole and unreviewable discretion, may
waive consideration of a disqualification from good moral character
(described in section 101(f)) with respect to an alien if the
disqualification was caused by, or was incident to, the trafficking
described in section 101(a)(15)(T)(i)(I).''.
(e) Adjustment of Status for Crime Victims.--Section 245(m)(1) of
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``unless the
Attorney General'' and inserting ``unless the Secretary, in
consultation with the Attorney General,''.

SEC. 202. INFORMATION FOR WORK-BASED NONIMMIGRANTS ON LEGAL RIGHTS AND
RESOURCES.

(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State, the Attorney General, and the
Secretary of Labor, shall develop an information pamphlet, as described
in subsection (b), on legal rights and resources for aliens applying
for employment- or education-based nonimmigrant visas, and shall
distribute and make such pamphlet available as described in subsection
(e). In preparing the information pamphlet, the Secretary of Homeland
Security shall consult with nongovernmental organizations with
expertise on the legal rights of workers and victims of severe forms of
trafficking in persons.
(b) Information Pamphlet.--The information pamphlet developed under
subsection (a) shall include information on employment- or education-
based nonimmigrant visas or on student or cultural exchanges, as
follows:
(1) The nonimmigrant visa application processes, including
information about whether the particular employment- or
education-based nonimmigrant visa program includes portability
of employment or educational institution.
(2) The illegality of slavery, peonage, trafficking in
persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States.
(3) Services for victims of severe forms of trafficking in
persons and worker exploitation in the United States, including
Federal law enforcement and victim services complaint lines.
(4) The legal rights of immigrant victims of worker
exploitation and other crimes in immigration, criminal justice,
family law, and other matters, including the right of access to
immigrant and labor rights groups, the right to seek redress in
United States courts, and the right to report abuse without
retaliation.
(5) The requirements that subsection (g) places upon a
person engaging in foreign labor contracting activity,
including the disclosure of any debts.
(c) Summaries.--The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, shall develop
summaries of the information pamphlet developed under subsection (a)
that shall be used by Federal officials when reviewing the pamphlet in
interviews required by section 110.
(d) Translation.--
(1) In general.--In order to best serve the language groups
having the greatest concentration of employment- or education-
based nonimmigrant visas, the information pamphlet developed
under subsection (a) shall, subject to paragraph (2), be
translated by the Secretary of State into foreign languages,
including Russian, Spanish, Tagalog, Vietnamese, Chinese,
Ukrainian, Thai, Korean, Polish, Japanese, French, Creole,
Arabic, Portuguese, Hindi, and such other languages as the
Secretary of State, in the Secretary's discretion, may specify.
(2) Revision.--Every two years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine at least 14 specific
languages into which the information pamphlet shall be
translated based on the languages spoken by the greatest
concentrations of employment- or education-based nonimmigrant
visas.
(e) Availability and Distribution.--
(1) Posting on federal websites.--The information pamphlet
developed under subsection (a) shall be posted on the websites
of the Department of State and the Department of Homeland
Security, as well as on the websites of all United States
consular posts processing applications for nonimmigrant visas.
(2) Other distribution.--The information pamphlet developed
under subsection (a) shall also be made available to any
foreign labor broker, government agency, or nongovernmental
advocacy organization.
(f) Deadline for Pamphlet Development and Distribution.--The
information pamphlet developed under subsection (a) shall be
distributed and made available (including in the languages specified
under subsection (d)) not later than 180 days after the date of the
enactment of this Act.
(g) Protections for Workers Recruited Abroad.--
(1) Definitions.--In this section--
(A) the term ``foreign labor contractor'' means any
person who for any money or other consideration paid or
promised to be paid, performs any foreign labor
contracting activity;
(B) the term ``foreign labor contracting activity''
means recruiting, soliciting, hiring, employing, or
furnishing, an individual who resides outside of the
United States to be employed in the United States; and
(C) the term ``worker'' means an individual who is
the subject of foreign labor contracting activity.
(2) Disclosure.--Any person who engages in foreign labor
contracting activity shall ascertain and disclose in writing,
in English and in a language understood by the worker being
recruited, to each worker who is recruited for employment, at
the time of the worker's recruitment, the following
information:
(A) The location and period of employment, and any
travel or transportation expenses to be assessed.
(B) The compensation for the employment and any
other employee benefit to be provided and any costs to
be charged for each benefit.
(C) A description of employment requirements and
activities.
(D) The existence of any labor organizing effort,
strike, lockout, or other labor dispute at the place of
employment.
(E) The existence of any arrangement with any
person involving the receipt of a commission or any
other benefit for the provision of items or services to
workers.
(F) The extent to which workers will be compensated
through workers' compensation, private insurance, or
other means for injuries or death.
(G) Any education or training to be provided or
required, including the nature and cost of such
training and the person who will pay such costs, and
whether the training is a condition of employment,
continued employment, or future employment.
(3) Restriction.--No foreign labor contractor or employer
who engages in foreign labor contracting activity shall
knowingly provide materially false or misleading information to
any worker concerning any matter required to be disclosed under
paragraph (2). The disclosure required by this section is a
document concerning the proper administration of a matter
within the jurisdiction of a department or agency of the United
States for the purposes of section 1519 of title 18, United
States Code.
(4) Registration.--
(A) In general.--Before engaging in any foreign
labor contracting activity, any person who is a foreign
labor contractor shall obtain a certificate of
registration from the Secretary of Labor pursuant to
regulations promulgated by the Secretary under
subparagraph (B).
(B) Issuance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
promulgate regulations to establish an efficient
electronic process for the timely investigation and
approval of an application for a certificate of
registration of foreign labor contractors, including--
(i) requirements under paragraphs (1), (4),
and (5) of section 102 of the Migrant and
Seasonal Agricultural Worker Protection Act (29
U.S.C. 1812);
(ii) an expeditious means to update
registrations and renew certificates; and
(iii) any other requirements that the
Secretary may prescribe.
(C) Term of registration.--Unless suspended or
revoked, a certificate under this subparagraph shall be
valid for two years.
(D) Refusal to issue; revocation.--In accordance
with regulations promulgated by the Secretary of Labor,
the Secretary shall refuse to issue or renew, or shall
revoke, after notice and an opportunity for a hearing,
a certificate of registration under this subparagraph
if--
(i) the applicant for, or holder of, the
certification has knowingly made a material
misrepresentation in the application for such
certificate;
(ii) the applicant for, or holder of, the
certification is not the real party in interest
in the application or certificate of
registration and the real party in interest--
(I) is a person who has been
refused issuance or renewal of a
certificate;
(II) has had a certificate revoked;
or
(III) does not qualify for a
certificate under this paragraph;
(iii) the applicant for, or holder of, the
certification has been convicted within the
preceding five years of any crime described in
subparagraph (A) or (B) of section 103(a)(5) of
the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1813(a)(5)); or
(iv) the applicant for, or holder of, the
certification has knowingly or recklessly
failed to comply with this subsection.
(E) Complaints and investigations.--The Secretary
of Labor shall establish a process for the receipt,
investigation, and disposition of complaints filed by
any person, including complaints initiated by the
Secretary, respecting a foreign labor contractor's
compliance with this subsection. No investigation or
hearing shall be conducted on a complaint concerning a
violation of this subsection unless the complaint was
filed not later than 12 months after the date of the
violation. The Secretary may conduct an investigation
under this paragraph if there is reasonable cause to
believe that such a violation occurred.
(F) Maintenance of lists.--
(i) In general.--The Secretary shall
maintain a list of all foreign labor
contractors registered under this subsection;
and
(ii) Public availability.--The Secretary
shall make the list described in clause (i)
publicly available, including through
publication on the Internet.
(G) Re-registration of violators.--The Secretary
shall provide a procedure by which a foreign labor
contractor that has had its registration revoked may
seek to re-register under this paragraph by
demonstrating to the Secretary's satisfaction that the
foreign labor contractor has not violated this
subsection in the previous 5 years.
(5) Amendment to immigration and nationality act.--Section
214 of the Immigration and Nationality Act is amended by adding
at the end the following:
``(s) A visa shall not be issued under the subparagraph (A)(iii),
(B)(i) (but only for domestic servants described in clause (i) or (ii)
of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as
in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of
section 101(a)(15) until the consular officer--
``(1) has provided to and reviewed with the applicant, in
the applicant's language (or a language the applicant
understands), a copy of the information and resources pamphlet
required by section 202 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2007; and
``(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by such section
202.''.
(6) Enforcement provisions.--
(A) Administrative enforcement.--The Secretary of
Labor may impose against any foreign labor contractor,
for knowingly or recklessly failing to comply with the
requirements of this subsection--
(i) a fine in an amount not more than
$4,000 per violation; and
(ii) upon the occasion of a third violation
or a failure to comply with representations, a
fine of not more than $10,000 per violation.
(B) Civil action.--
(i) In general.--The Secretary of Labor may
bring a civil action against any foreign labor
contractor in any court of competent
jurisdiction--
(I) to seek remedial action,
including injunctive relief;
(II) to recover damages on behalf
of any worker harmed by a violation of
this subsection; and
(III) to ensure compliance with
requirements of this subsection.
(ii) Sums recovered.--Any sums recovered by
the Secretary on behalf of a worker under
clause (i) shall be held in a special deposit
account and shall be paid, on order of the
Secretary, directly to each employee affected.
Any such sums not paid to an employee because
of inability to do so within a period of three
years shall be credited as an offsetting
collection to the appropriations account of the
Secretary of Labor for expenses for the
administration of this subsection and shall
remain available to the Secretary until
expended.
(iii) Representation.--Except as provided
in section 518(a) of title 28, United States
Code, the Solicitor of Labor may appear for and
represent the Secretary of Labor in any civil
litigation brought under this paragraph. All
such litigation shall be subject to the
direction and control of the Attorney General.
(C) Agency liability.--Beginning 180 days after the
Secretary of Labor has promulgated regulations pursuant
to paragraph (4)(B), an employer who retains the
services of a foreign labor contractor shall only use
those foreign labor contractors who are registered
under paragraph (4). An employer who uses a foreign
labor contractor who is not registered under paragraph
(4) after such time period, or who uses a foreign labor
contractor knowing or in reckless disregard that such
contractor has violated any provision of this
subsection, shall be subject to the provisions of this
paragraph for violations committed by such foreign
labor contractor to the same extent as if the employer
were the foreign labor contractor who had committed the
violation.
(D) Retaliation.--An individual who is a victim of
a violation of section 1512(A)(2)(D), 1512(b)(4), or
1513(B)(3) of title 18, United States Code, may, in a
civil action, recover appropriate relief (including
reasonable attorneys' fees) with respect to that
violation. Any civil action under this subparagraph
shall be stayed during the pendency of any criminal
action arising out of the violation.
(E) Rule of construction.--Nothing in this section
shall be construed to preempt or alter any other rights
or remedies, including any causes of action, available
under any other Federal or State law.
(h) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant visa.--The
term ``employment- or education-based nonimmigrant visa'' means
a nonimmigrant visa issued for the purpose of employment,
education, or training in the United States, including a visas
issued under subparagraph (A)(iii), (B)(i) (but only for
domestic servants described in clause (i) or (ii) of section
274a.12(c)(17) of title 8, Code of Federal Regulations (as in
effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or
(R) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given the term in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).

SEC. 203. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND
APPLICATIONS FOR RELIEF.

Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227)
is amended by adding at the end the following:
``(d)(1) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal alien or a
derivative relative) under section 101(a)(15)(T) has been filed, if the
application sets forth a prima facie case for approval, the Secretary
of Homeland Security may grant the alien a stay of removal or
deportation until the application is approved or the application is
denied after exhaustion of administrative appeals. Any appeal of the
denial of a stay of removal or deportation under this paragraph must
accompany any appeal of the underlying substantive petition or
application for benefits.
``(2) During a period in which an alien is provided a stay of
removal under this subsection, the alien shall not be removed or
deported.
``(3) Nothing in this subsection shall be construed as limiting the
authority of the Secretary of Homeland Security to grant a stay of
removal or deportation in any case not described in this subsection.''.

SEC. 204. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE
UNITED STATES.

(a) Expansion of Authority.--
(1) In general.--Section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is
amended to read as follows:
``(3) Authority to permit continued presence in the united
states.--
``(A) Trafficking victims.--
``(i) In general.--Upon application from a
Federal law enforcement official that makes a
prima facie showing that an alien is a victim
of a severe form of trafficking and a potential
witness to such trafficking, in order to
effectuate investigation and prosecution of
those responsible, the Secretary of Homeland
Security may permit an alien's continued
presence in the United States.
``(ii) Safety.--Federal law enforcement
officials described in clause (i), in
investigating and prosecuting traffickers,
shall endeavor to protect the safety of
trafficking victims, including taking measures
to protect trafficked persons and their family
members from intimidation, threats of
reprisals, and reprisals from traffickers and
their associates.
``(iii) Continuation of presence.--The
Secretary shall continue to permit the
continued presence of an alien described in
clause (i) if such alien has filed a civil
action under section 1595 of title 18, United
States Code, until such action is concluded.
Failure to exercise due diligence in pursuing
such a civil action, as determined by the
Secretary in consultation with the Attorney
General, may result in revocation of continued
presence.
``(B) Parole for relatives.--Pursuant to section
240A(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(b)), as added by section 204(b) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, law enforcement officials
may submit a written request to the Secretary of
Homeland Security to permit the parole into the United
States of certain relatives of an alien described in
subparagraph (A)(i).
``(C) State and local law enforcement.--The
Secretary of Homeland Security, in consultation with
the Attorney General, shall develop materials for State
and local law enforcement on working with Federal law
enforcement to obtain continued presence for victims of
a severe form of trafficking in cases investigated or
prosecuted at the State or local level, for
distribution to State and local law enforcement by each
Immigration and Customs Enforcement Special Agent in
Charge.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to requests for continued presence filed pursuant
to section 107(c)(3) of the Trafficking Victims Protection Act
(22 U.S.C. 7105(c)(3)) before, on, or after such date, except
that this paragraph does not permit the application of section
107(c)(3)(A) of such Act, as added by paragraph (1), to an
alien who is not present in the United States.
(b) Parole for Derivatives of Trafficking Victims.--Section 240A(b)
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended
by adding at the end the following:
``(6) Relatives of trafficking victims.--
``(A) In general.--Upon written request by a law
enforcement official, the Secretary of Homeland
Security may grant parole under section 212(d)(5) to
any alien who is a relative of an alien granted
continued presence pursuant to section 107(c)(3)(A) of
the Trafficking Victims Protection Act (22 U.S.C.
7105(c)(3)(A)), if the relative--
``(i) was, on the date on which law
enforcement applied for such continued
presence--
``(I) in the case of an alien
granted continued presence who is under
21 years of age, the spouse, child,
parent, or unmarried sibling under 18
years of age, of the alien; or
``(II) in the case of an alien
granted continued presence who is 21
years of age or older, the spouse or
child of the alien, or
``(ii) is a parent or sibling of the alien
who, in the judgment of the requesting law
enforcement official, is in present danger of
retaliation as a result of the alien's escape
from the severe form of trafficking or
cooperation with law enforcement, irrespective
of age.
``(B) Duration of parole.--
``(i) In general.--The grant of parole
under subparagraph (A) shall extend until the
date an application filed by the principal
alien under section 101(a)(15)(T)(ii) has been
finally adjudicated.
``(ii) Other limits on duration.--If no
such application is filed, the grant of parole
shall extend until the later of--
``(I) the date on which the
principal alien's continued presence in
the United States under section
107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C.
7105(c)(3)(A)) is terminated; or
``(II) the date on which a civil
action filed by the principal alien
under section 1595 of title 18, United
States Code, is concluded.
``(iii) Due diligence.--Failure by the
principal alien to exercise due diligence in
filing a visa petition on behalf of an alien
described in clause (i) or (ii) of subparagraph
(A), or in pursuing the civil action described
in clause (ii)(II) (as determined by the
Secretary of Homeland Security in consultation
with the Attorney General), may result in
revocation of parole.''.

SEC. 205. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION
REAUTHORIZATION ACT OF 2005.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall issue interim regulations
regarding the adjustment of status to permanent residence for
nonimmigrants admitted into the United States under section
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)). If the regulations are not issued before such
deadline, the Secretary shall submit a report to the Committee on
Foreign Affairs and the Committee on the Judiciary of the House of
Representatives and the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate explaining in detail the
reasons such regulations have not been issued.

Subtitle B--Assistance for Trafficking Victims

SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROCESS.

Section 107(b)(1)(E) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)(1)(E)), is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``consultation'' and all that follows through
``person'' and inserting ``consultation with the
Attorney General and the Secretary of Homeland
Security, that the person'';
(B) in subclause (I), by adding at the end before
the semicolon the following: ``or is unlikely or unable
to cooperate with such a request due to physical or
psychological trauma;''; and
(C) in subclause (II)(bb), by striking ``United
States'' and all that follows through ``ensuring'' and
inserting ``United States the Secretary of Homeland
Security is ensuring''; and
(2) in clause (ii), by striking ``so long as'' and all that
follows through ``determines'' and inserting ``so long as the
Secretary of Homeland Security determines''.

SEC. 212. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.

(a) In General.--Section 431(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is
amended--
(1) by striking ``or'' at the end of paragraph (2)(B);
(2) by striking the period at the end of paragraph (3)(B)
and inserting ``; or''; and
(3) by adding at the end the following:
``(4) an alien who has had approved, or has pending, a
petition that sets forth a prima facie case for status as a
nonimmigrant under section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)).''.
(b) Construction.--The provisions of section 431(c)(4) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(4)), as added by subsection (a), are in addition to
the access to public benefits provided in the Trafficking Victims
Protection Act of 2000 and the Trafficking Victims Reauthorization Act
of 2003.
(c) Effective Date.--The amendments made by subsection (a) apply to
applications for public benefits and public benefits provided on or
after the date of the enactment of this Act without regard to whether
regulations to carry out such amendments are implemented.

SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF TRAFFICKING.

(a) In General.--Subsection (b)(1) of section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended
by adding at the end the following new subparagraphs:
``(F) Eligibility of interim assistance for child
victims.--
``(i) Determination.--With respect to a
person referred to in subparagraph (C)(ii)(I)
who is seeking assistance under this paragraph,
if credible information is presented on behalf
of the person that the person has been
subjected to a severe form of trafficking in
persons, the Secretary of Health and Human
Services shall promptly make a determination of
the person's eligibility under this paragraph.
``(ii) Exclusive authority.--The Secretary
of Health and Human Services shall have
exclusive authority in making determinations of
eligibility under clause (i).
``(iii) Duration.--Assistance provided
under this paragraph for an individual
determined to be eligible under clause (i) may
be provided for up to 90 days and may be
extended for an additional 30 days.
``(iv) Sense of congress.--It is the sense
of Congress that--
``(I) to ensure the best interests
of the child and to create an increased
chance of cooperation by child victims
of severe forms of trafficking in
persons, the United States Government
should provide assistance to protect
and care for such child victims during
the pendency of proceedings to
determine whether a child is a victim
of severe forms of trafficking; and
``(II) in order to further the
objective of subclause (I), the
Secretary of Health and Human Services
should make the determination of
eligibility for assistance under clause
(i) on the basis of the information
provided and the Secretary's own
assessment of such information without
regard to the assessments by other
departments and agencies of the United
States Government regarding whether
such child victim's application for
relief or benefits under this Act or
the Immigration and Nationality Act
will be approved.
``(G)  Notification of child victims for interim
assistance.--
``(i) Federal officials.--Any Federal
official who has reason to believe that a
person may be a juvenile victim of trafficking
referred to in subparagraph (C)(ii)(I) shall
notify the Secretary of Health and Human
Services not later than 48 hours after the
official first learns that the person may be a
juvenile victim of trafficking for the purpose
of facilitating the provision of interim
assistance under subparagraph (F).
``(ii) State and local officials.--Any
State or local official who has reason to
believe that a person may be a juvenile victim
of trafficking referred to in subparagraph
(C)(ii)(I) shall notify the Secretary of Health
and Human Services not later than 72 hours
after the official first learns that the person
may be a juvenile victim of trafficking for the
purpose of facilitating the provision of
interim assistance under subparagraph (F).''.
(b) Training of Government Personnel.--Subsection (c)(4) of such
section is amended--
(1) by striking ``and the Department of Justice'' and
inserting ``, the Department of Homeland Security, and the
Department of Health and Human Services'';
(2) by inserting before the period at the end the
following: ``, including the identification of juvenile victims
of trafficking''; and
(3) by adding at the end the following new sentence: ``The
Attorney General and the Secretary of Heath and Human Services
shall provide education and guidance to State and local
officials on the identification of aliens who are the victims
of severe forms of trafficking, and in particular child victims
of trafficking, including education and guidance on the
requirements of subsection (b)(1)(G)(ii).''.

SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.

(a) Amendments to the Trafficking Victims Protection Act of 2000.--
(1) Assistance for united states citizens and lawful
permanent residents.--Section 107 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105) is amended by adding at
the end the following:
``(h) Assistance for United States Citizens and Lawful Permanent
Residents.--
``(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with the
Secretary of Labor, are authorized to establish a program to
provide assistance to citizens of the United States, and aliens
who are lawfully admitted for permanent residence (as defined
in section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20))), who are victims of severe forms of
trafficking. In determining the types of assistance that would
be most beneficial for such victims, the Secretary of Health
and Human Services and the Attorney General shall consult with
nongovernmental organizations that provide services to victims
of severe forms of trafficking in the United States.
``(2) Use of existing programs.--In addition to such other
specialized services as may be required for victims described
in paragraph (1), the program established pursuant to paragraph
(1) shall facilitate communication and coordination between the
providers of assistance to such victims, and provide a means of
identifying such providers and making referrals to programs for
which such victims are already eligible (including programs
administered by the Department of Justice and the Department of
Health and Human Services).
``(3) Grants.--The Secretary of Health and Human Services
and the Attorney General may make grants to States, Indian
tribes, units of local government, and non-profit,
nongovernmental victims' service organizations to develop,
expand, and strengthen victim service programs authorized under
this subsection. The Federal share of a grant made under this
subsection may not exceed 75 percent of the total costs of the
projects described in the application submitted.''.
(2) Authorization of appropriations.--Section 113 of such
Act (22 U.S.C. 7110) is amended--
(A) in subsection (b), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Secretary of Health and Human Services
$2,500,000 for fiscal year 2008, $5,000,0000 for fiscal
year 2009, $10,000,000 for fiscal year 2010, and
$15,000,000 for fiscal year 2011.''; and
(B) in subsection (d), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Attorney General $2,500,000 for fiscal year
2008, $5,000,0000 for fiscal year 2009, $10,000,000 for
fiscal year 2010, and $15,000,000 for fiscal year
2011.''.
(3) Technical assistance.--Section 107(b)(2)(B)(ii) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(2)(B)(ii)) is amended to read as follows:
``(ii) five percent for training and
technical assistance, including increasing
capacity and expertise on security for and
protection of service providers from
intimidation or retaliation for their
activities.''.
(b) Assistance for Potential Victims of Trafficking and Related
Crimes.--
(1) Victims of crime act.--The Victims of Crime Act of 1984
(42 U.S.C. 10601 et seq.)) is amended by inserting after
section 1404E the following new section:

``SEC. 1404F. VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION AND OTHER
CRIMES.

``Notwithstanding any statutory or regulatory limitation on
providing assistance for offender rehabilitation or for any individual
who may have violated Federal or State law, and except as provided in
sections 1404B and 1404C, in this chapter the terms `victim', `crime
victim', and `victim of crime' include an individual who is exploited
or otherwise victimized by any person who is in violation of an offense
described by chapter 117 of title 18, United States Code, or section
1328 of title 8, United States Code, or any similar offense under State
law, regardless of whether such offense involves participation by such
individual in any commercial sex act (as defined in section 2429 of
title 18, United States Code).''.
(2) Use of existing programs.--The President is authorized
to facilitate communication and coordination between the
providers of assistance to persons victimized in cases brought
under chapter 117 of title 18, United States Code, and to
provide a means of identifying such providers and making
referrals to programs for which such victims are already
eligible (including programs administered by the Department of
Justice and the Department of Health and Human Services).
(3) Effect on other programs.--Nothing in this section or
the amendments made by this section shall derogate from the
programs for victims of sexual abuse or commercial sexual
exploitation or survivors of sexual abuse or commercial sexual
exploitation authorized by section 202 of the Trafficking
Victims Protection Reauthorization of 2005.
(c) Partnerships Among Organizations.--Beginning not later than 120
days after the date of the enactment of this Act, all applications for
grants made by the Attorney General or the Secretary of Health and
Human Services to States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service organizations to establish
or maintain assistance programs for victims of severe forms of
trafficking in persons or sex trafficking that occurs, in whole or in
part, within the territorial jurisdiction of the United States shall
include a statement by the applicant of whether the services will be
available to both United States citizens and foreign trafficking
victims, or if the applicant intends to specialize in serving a
particular victim population, what referral mechanisms or collaborative
relationships they will undertake to ensure that all victims are
assisted regardless of alienage. The statement required by this section
will not be used to make a determination regarding the award of the
grant.
(d) Study.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall submit to the
appropriate congressional committees a report identifying the
existence or extent of any service gap between foreign and
United States citizen victims of severe forms of trafficking
and victims of sex trafficking, as defined in section 103 of
the Trafficking Victims Protection Act of 2000.
(2) Elements.--In carrying out the study under subparagraph
(1), the Attorney General and Secretary of Health and Human
Services shall--
(A) investigate factors relating to the legal
ability of foreign and United States citizen victims of
trafficking to access government-funded social services
in general, including the application of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal
Immigration and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009 et
seq.);
(B) investigate any other impediments to the access
of foreign and United States citizen victims of
trafficking to government-funded social services in
general;
(C) investigate any impediments to the access of
foreign and United States citizen victims of
trafficking to government-funded services targeted to
victims of severe forms of trafficking and victims of
sex trafficking;
(D) investigate the effect of trafficking service-
provider infrastructure development, continuity of
care, and availability of caseworkers on the eventual
restoration and rehabilitation of foreign and United
States citizen victims of trafficking; and
(E) include findings, best practices, and
recommendations based on the study of the elements in
subparagraphs (A) through (D) and any other related
information.

Subtitle C--Penalties Against Traffickers and Other Crimes

SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED OFFENSES.

(a) Transfer and Modification of Section 1591.--
(1) New section.--Chapter 117 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2429. Aggravated sex trafficking
``(a) Whoever knowingly--
``(1) in or affecting interstate or foreign commerce, or
within the special maritime and territorial jurisdiction of the
United States, recruits, entices, harbors, transports,
provides, or obtains by any means a person; or
``(2) benefits, financially or by receiving anything of
value, from participation in a venture which has engaged in an
act described in violation of paragraph (1),
knowing that force, fraud, or coercion will be used to cause the person
to engage in a commercial sex act, or, in the case of a person who has
not attained the age of 18 years, that the person will be caused to
engage in a commercial sex act, or attempts to do so, shall be punished
as provided in subsection (b).
``(b) In a prosecution under this subsection, the Government need
not prove that the defendant knew that the person had not attained the
age of 18 years.
``(c) The punishment for an offense under this section is--
``(1) if the offense was effected by force, fraud, or
coercion or if the person recruited, enticed, harbored,
transported, provided, or obtained had not attained the age of
14 years at the time of such offense, by a fine under this
title and imprisonment for any term of years not less than 15
or for life; or
``(2) if the offense was not so effected, and the person
recruited, enticed, harbored, transported, provided, or
obtained had attained the age of 14 years but had not attained
the age of 18 years at the time of such offense, by a fine
under this title and imprisonment for not less than 10 years or
for life.
``(d)(1) Section 1593 (relating to mandatory restitution) applies
to an offense under this section to the same extent and in the same
manner as it applies to an offense under chapter 77.
``(2) Section 1595 (relating to civil remedy) applies with respect
to a violation of this section to the same extent and in the same
manner it applies to a violation of a section to which section 1595 is
made applicable by section 1595.
``(e) In this section--
``(1) the term `commercial sex act' means any sex act, on
account of which anything of value is given to or received by
any person;
``(2) the term `coercion' means--
``(A) threats of serious harm to or physical
restraint against any person;
``(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to perform an
act would result in serious harm to or physical
restraint against any person; or
``(C) the abuse or threatened abuse of law or the
legal process; and
``(3) the term `venture' means any group of two or more
individuals associated in fact, whether or not a legal
entity.''.
(2) Repeal of transferred section.--Section 1591 of title
18, United States Code, is repealed.
(3) Elimination of cross references to repealed section.--
(A) Section 1594 of title 18, United States Code,
is amended by striking ``1590, or 1591'' and inserting
``or 1591''.
(B) Section 1595 of title 18, United States Code,
is amended by striking ``, 1590, or 1591'' and
inserting ``or 1591''.
(4) Clerical amendments to tables of sections.--
(A) The table of sections for chapter 77 of title
18, United States Code, is amended by striking the item
relating to section 1591.
(B) The table of sections for chapter 117 of title
18, United States Code, is amended by adding at the end
the following new item:

``2429. Aggravated sex trafficking.''.
(5) Change in chapter headings.--
(A) The heading for chapter 77 of title 18, United
States Code, is amended to read as follows:

``CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING INTO SERVITUDE''.

(B) The heading for chapter 117 of title 18, United
States Code, is amended to read as follows:

``CHAPTER 117--SEX TRAFFICKING, SEX TOURISM, AND OTHER TRANSPORTATION
FOR ILLEGAL SEXUAL ACTIVITY''.

(C) The table of chapters at the beginning of part
I of title 18, United States Code, is amended--
(i) so that the item relating to chapter 77
reads as follows:

``77. Peonage, Slavery, and Trafficking into Servitude..... 1581''; and
(ii) so that the item relating to chapter
117 reads as follows:

``117. Sex Trafficking, Sex Tourism, and Other                  2421''.
Transportation for Illegal
Sexual Activity.
(b) Compelled Service.--
(1) In general.--Section 1592 of title 18, United States
Code, is amended to read as follows:
``Sec. 1592. Unlawful compelled service
``(a) Generally.--Whoever knowingly, with intent to obtain or
maintain the labor or services of a person or to obtain or maintain a
person for use in a commercial sex act (as defined in section 2429)--
``(1) destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration
document, or any other actual or purported government
identification document, of another person to prevent or
restrict or to attempt to prevent or restrict, without lawful
authority, the person's ability to move or travel;
``(2) acts or fails to act, or threatens to do so, under
color of official right;
``(3) blackmails another person; or
``(4) causes or exploits financial harm or a fear of
financial harm on the part of that person;
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Definition.--For purposes of this paragraph, `financial harm'
includes the factors set forth in section 892(b) of this title, and
fees charged for foreign labor contracting activity, as defined in
section 202(g) of the William Wilberforce Trafficking Reauthorization
Act of 2007, that are not reasonably related to services provided to
the foreign worker.''.
(2) Clerical amendment.--The item relating to section 1592
in the table of sections at the beginning of chapter 77 of
title 18, United States Code, is amended to read as follows:

``1592.Unlawful compelled service.''.
(c) Restitution of Forfeited Assets.--(1) Section 1593(b) of title
18, United States Code, is amended by inserting at the end the
following:
``(4) The distribution of proceeds among multiple victims in an
order of restitution under this section shall govern the distribution
of forfeited funds through the processes of remission or restoration
under this section or any other statute that explicitly authorizes
restoration or remission of forfeited property.''
(2) Section 1594 of title 18, United States Code, is amended--
(A) in subsection (b), by striking ``The court,'' and
inserting ``Subject to remission or restoration, the court,'';
and
(B) in subsection (c), by adding at the end the following:
``(3) The Attorney General shall grant restoration or remission of
property to victims of an offense under this chapter that result in
forfeiture under this section or under any other statute that
explicitly authorizes restoration or remission of forfeited property.
``(4) In a prosecution brought under any other provision of Federal
law, the Attorney General may grant restoration or remission of
property to victims of severe forms of trafficking as defined in
section 103 of the Trafficking Victims Protection Act of 2000, in
accordance with section 1594(b)(4).''.
(d) Enhancement of Civil Action.--Section 1595 of title 18, United
States Code, is amended--
(1) in subsection (a) by--
(A) by striking ``of section 1589, 1590, or 1591'';
and
(B) by inserting ``(or any person who knowingly
benefits, financially or by receiving anything of value
from participation in a venture which has engaged in an
act in violation of this chapter)'' after
``perpetrator''.
(2) by adding at the end the following:
``(c) No action shall be maintained under this section unless it is
commenced within 10 years after the cause of action arose.''.
(e) Retaliation in Foreign Labor Contracting.--Title 18, United
States Code, is amended--
(1) in section 1512(a)(2)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking ``proceedings;'' at the end of
subparagraph (C) and inserting ``proceedings; or''; and
(C) by inserting immediately after subparagraph (C)
the following:
``(D) hinder, delay or prevent the disclosure of
information concerning a violation with respect to aliens of
the requirements of an employment-based visa or any Federal
labor or employment law;'';
(2) in section 1512(b)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking ``proceedings;'' at the end of
paragraph (3) and inserting ``proceedings; or''; and
(C) by inserting immediately after paragraph (3)
the following:
``(4) hinder, delay, or prevent the cooperation of any
person in an investigation or other proceeding concerning
compliance with respect to aliens with the requirements of
employment-based visas or any Federal labor or employment
law;'';
(3) in section 1513(b)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by inserting ``or'' at the end of paragraph
(2); and
(C) by inserting immediately after paragraph (2)
the following:
``(3) hinder, delay, or prevent the cooperation of any
person in an investigation or other proceeding concerning
compliance with respect to aliens with the requirements of
employment-based visas or any other Federal labor or employment
law;''; and
(4) in section 1515(a)--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following:
``(7) the term `employment-based visa' means a nonimmigrant
visa issued for the purpose of employment, student exchange
employment, or job training in the United States, including
those issued under subparagraph (A)(iii), (B)(i) (but only for
domestic servants described in clause (i) or (ii) of section
274a.12(c)(17) of title 8, Code of Federal Regulations (as in
effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or
(R) of section 101(a)(15) of the Immigration and Nationality
Act.''.
(f)  Sex Trafficking.--
(1) New offense.--Chapter 117 of title 18, United States
Code, is amended by inserting at the end the following:
``Sec. 2430. Sex trafficking
``Whoever knowingly, in or affecting interstate or foreign
commerce, within the special maritime and territorial jurisdiction of
the United States, or in any territory or possession of the United
States, persuades, induces, or entices any individual to engage in
prostitution for which any person can be charged with an offense, or
attempts to do so, shall be fined under this title or imprisoned not
more than 10 years, or both''.
(2) Amendment to the table of sections.--The table of
sections at the beginning of chapter 117 of title 18, United
States Code, is amended by inserting at the end the following
new item:

``2430. Sex trafficking.''.
(g) Sex Tourism.--
(1) Generally.--Chapter 117 of title 18, United States
Code, is amended by inserting at the end the following:
``Sec. 2431. Sex tourism
``(a) Arranging Travel and Related Conduct.--Whoever, for the
purpose of commercial advantage or private financial gain, knowingly
arranges, induces, or procures the travel of a person in foreign
commerce for the purpose of engaging in any commercial sex act (as
defined in section 2429), or attempts to do so, shall be fined under
this title, imprisoned not more than 10 years, or both.
``(b) Increased Penalty for Offenses Involving Children.--If the
commercial sex act is with a person under 18 years of age, the maximum
term of imprisonment for an offense under this section is 30 years.'';
(2) Amendment to table of sections.--The table of sections
at the beginning of chapter 117 of title 18, United States
Code, is amended by inserting at the end the following new
item:

``2431. Sex tourism.''.
(h) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable--
(1) to persons convicted of offenses created by this
section other than those created by subsections (f) and (g), to
ensure conformity with the United States Sentencing Guidelines,
sections 2H4.1 (peonage offenses) and 2H4.2 (labor offenses);
and
(2) to persons convicted of offenses created by subsection
(f) or (g) of this section, to ensure conformity with the
United States Sentencing Guidelines, sections 2G1.1 (promoting
commercial sex acts with persons other than minors) and 2G1.3
(promoting commercial sex acts or prohibited sexual conduct
with a minor, and related offenses.

SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

(a) In General.--Chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
``(a) In General.--In addition to any domestic or extra-territorial
jurisdiction otherwise provided by law, the courts of the United States
have extra-territorial jurisdiction over any offense (or any attempt or
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589,
1590, or 2429 if--
``(1) an alleged offender or victim of the offense is a
national of the United States or an alien lawfully admitted for
permanent residence (as those terms are defined in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101)); or
``(2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
``(b) Limitation on Prosecutions of Offenses Prosecuted in Other
Countries.--No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 77 of title 18, United States Code, is amended by adding at the
end the following new item:

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

SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO TRAFFICKING.

(a) Aliens Entering the United States.--
(1) In general.--Section 278 of the Immigration and
Nationality Act (8 U.S.C. 1328) is amended to read as follows:

``aliens in prostitution

``Sec. 278.  (a) Generally.--Whoever, for the purposes of
prostitution or for any other sexual activity for which any person can
be charged with a criminal offense--
``(1) knowingly imports or attempts to import any alien; or
``(2) knowing or in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to come to,
enter, or reside in the United States, knowingly holds, keeps,
maintains, supports, employs, or harbors the individual in any
place in the United States, including any building or any means
of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not
more than 10 years, or both.
``(b) Special Evidentiary Rule.--In all prosecutions under this
section, the testimony of a husband or wife shall be admissible and
competent evidence against each other.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by amending the item
relating to section 278 to read as follows:

``Sec. 278. Aliens in prostitution.''.
(b) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable to persons convicted of offenses created
by this section to ensure conformity with the United States Sentencing
Guidelines, section 2H4.1 (peonage offenses) in violations involving a
holding under section 278(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1328(a)(2)), and section.2G1.1 otherwise.
(c) IMBRA Violations.--Section 833(d)(5)(B) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) is amended by striking ``interstate or foreign commerce, an
international marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates'' and inserting
``interstate or foreign commerce or within the special maritime and
territorial jurisdiction of the United States, an international
marriage broker that violates''.

SEC. 224. NEW MODEL STATUTE PROVIDED TO STATES.

(a) New Model Statute.--The Attorney General shall provide a new
model law for State anti-trafficking offenses that shall reflect all
concepts relating to trafficking in persons included in Chapters 77 and
117 of title 18, United States Code, as amended by this title,
including crimes related to forced labor, sex trafficking, and related
offenses, with the elements of force, fraud or coercion or age in sex
trafficking used as the bases for aggravated crimes or sentencing
enhancements
(b) Distribution.--The model law described in subsection (a) shall
be posted on the website of the Department of Justice and shall be
distributed to the States and at the anti-trafficking conference
described in section 201(a)(2) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044(a)).
(c) Adoption of Model Statute.--
(1) Assistance.--The Attorney General shall provide
assistance to States and local governments to adopt and apply
the model law described in subsection (a).
(2) Report.--Not later than six months after the enactment
of this Act, and annually thereafter, the Attorney General
shall submit to the Committees on Foreign Affairs and the
Judiciary of the House and the Committees on Foreign Relations
and the Judiciary of the Senate a report describing the
assistance provided pursuant to paragraph (1) and the results
achieved by such assistance, including a list of State and
local governments that have adopted the model law.

Subtitle D--Activities of the United States Government

SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``section 107(b)'' and inserting
``subsections (b) and (h) of section 107''; and
(B) by inserting ``the Attorney General,'' after
``the Secretary of Labor,'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) by redesignating subparagraph (H) as subparagraph (J);
and
(4) by inserting after subparagraph (G) the following new
subparagraphs:
``(H) activities by the Department of Defense to
combat trafficking in persons, including educational
efforts for and disciplinary actions taken against
members of the United States Armed Forces, materials
included in training of the armed forces of foreign
countries, and efforts to ensure that United States
Government contractors and their employees or United
States Government subcontractors and their employees do
not engage in trafficking in persons;
``(I) activities or actions by Federal departments
and agencies to enforce--
``(i) section 106(g) of this Act and any
similar provision of law, regulation, or policy
relating to United States Government
contractors and their employees or United
States Government subcontractors and their
employees that engage in severe forms of
trafficking in persons, procurement of
commercial sex acts, or use of forced labor,
including debt bondage;
``(ii) section 307 of the Tariff Act of
1930 (19 U.S.C. 1307; relating to prohibition
on importation of convict made goods),
including any determinations by the Secretary
of Homeland Security to waive the restrictions
of such section; and
``(iii) prohibitions on the procurement by
the United States Government of items or
services produced by slave labor, consistent
with Executive Order 13107 (December 10, 1998);
and''.

SEC. 232. ANTI-TRAFFICKING SURVEY AND CONFERENCES.

(a) Survey.--Paragraph (1) of section 201(a) of the Trafficking
Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)) is
amended by adding at the end the following:
``(C) Additional requirements.--With respect to the
study described in subparagraph (B)(ii), the Attorney
General shall solicit on a biennial basis, beginning as
soon as practicable after the date of the enactment of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, requests for proposals for
such a study from nongovernmental entities with
expertise in the field of illegal economic activities
and shall complete such study not later than one year
after the date of the enactment of such Act.''
(b) Annual Conference.--Paragraph (2)(A) of such section is
amended--
(1) in the first sentence, by striking ``in consultation''
and inserting ``in coordination with the Secretary of State and
in consultation''; and
(2) in clause (ii), by inserting before the semicolon at
the end the following: ``and the use of existing Federal and
State criminal laws that do not require force, fraud, or
coercion as an element of a felony crime to prosecute such
person.''.

SEC. 233. SENIOR POLICY OPERATING GROUP.

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

SEC. 234. EFFORTS BY DEPARTMENTS OF JUSTICE AND LABOR TO COMBAT HUMAN
TRAFFICKING.

(a) Activities at the Department of Justice.--
(1) Role of criminal division in trafficking cases.--
(A) Redesignation.--The Child Exploitation and
Obscenity Section of the Criminal Division of the
Department of Justice shall be redesignated as the
Sexual Exploitation and Obscenity Section.
(B) Expansion.--The Attorney General shall expand
the responsibilities of the Innocence Lost Task Forces
to incorporate situations involving adults who are
sexually exploited by persons in violation of offenses
such as section 2430.
(C) Responsibilities.--The chief of the section
described in subsection (a) should work with other
parts of the Department of Justice and State and local
law enforcement to ensure effective prosecutions
through the task force described in subparagraph (B).
(D) References.--Any reference to the Child
Exploitation and Obscenity Section of the Criminal
Division in any law, regulation, rule, directive,
instruction or other official United States Government
document in effect on the date of enactment of this Act
shall be deemed to refer to the Sexual Exploitation and
Obscenity Section.
(2) Construction.--Nothing in this subsection shall be
construed as affecting the activities of the Criminal Section
of the Civil Rights Division relating to the 13th Amendment's
prohibition of slavery and involuntary servitude.
(b) Department of Labor.--
(1) Establishment.--The Secretary of Labor shall establish
within the Department of Labor a Coordinator to Combat Human
Trafficking.
(2) Duties.--In addition to any other responsibilities that
the Secretary of Labor may assign, the Coordinator shall have
the following responsibilities:
(A) Ensure coordination of policies relating to
victims of trafficking, both in the United States and
abroad, among the various offices and components of the
Department of Labor, including the Office of the
Solicitor, the Employment Standards Administration, the
Wage and Hour Division, the Bureau of International
Labor Affairs, and the Office of Child Labor, Forced
Labor, and Human Trafficking.
(B) Ensure improved communication and coordination
with State labor agencies relating to trafficking in
persons.
(C) Represent the Department at inter-agency
mechanisms relating to trafficking in persons,
including assisting appropriate high-level officials of
the Department of Labor who are members of the Senior
Policy Operating Group.
(D) Serve, in conjunction with the Coordinator to
Combat Human Trafficking of the Department of Justice
(established pursuant to subsection (a)), as the
executive secretariat of the Trafficking in Persons and
Worker Exploitation Task.
(3) Staff.--The Secretary of Labor shall ensure that the
Coordinator has sufficient staff to carry out the duties
described in paragraph (2).
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Rule of Construction.--Nothing in this section shall be
construed as affecting or derogating from the responsibilities of the
Senior Policy Operating Group established by section 206 of the
Trafficking Victims Protection Reauthorization Act of 2005.
(d) Definition.--In this section, the term ``victim of
trafficking'' has the meaning given the term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

Section 212(a)(2)(H)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(H)(i)) is amended by striking ``consular officer''
and inserting ``consular officer, the Secretary of Homeland Security,
the Secretary of State,''.

SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.

(a) Findings and Sense of Congress.--
(1) Findings.--The Congress finds as follows:
(A) The United States Government currently
estimates that up to 17,500 individuals are trafficked
into the United States each year. Of these, some 50
percent are believed to be under the age of 18. Many of
these children are victims of sex trafficking and are
forced into prostitution and other exploitative
activities in the United States.
(B) Despite the large number of children trafficked
into the United States every year, the Department of
Health and Human Services has identified an average of
20 children per year as trafficking victims through
fiscal year 2006. This disparity between estimated and
identified victims demonstrates that much more needs to
be done in educating individuals who may be coming into
contact with trafficked children.
(2) Sense of congress.--It is the sense of the Congress
that, to the extent consistent with the treaties and other
international agreements to which the United States is a party,
and to the extent practicable, the United States Government
should undertake efforts to protect children from severe forms
of trafficking and ensure that it does not repatriate children
in Federal custody into settings that would threaten their life
or safety.
(b) Combatting Child Trafficking at the Border and Ports of Entry
of the United States.--
(1) Policies and procedures.--In order to enhance the
efforts of the United States to prevent trafficking in persons,
the Secretary of State, in conjunction with the Secretary of
Homeland Security and the Secretary of Health and Human
Services, shall develop policies and procedures to ensure that
unaccompanied alien children in the United States are safely
repatriated to their country of nationality or of last habitual
residence.
(2) Special rules for children from contiguous countries.--
(A) Determinations.--Any unaccompanied alien child
who is a national or habitual resident of a country
that is contiguous with the United States shall be
treated in accordance with subparagraph (B), if the
Secretary of Homeland Security determines, on a case-
by-case basis, that--
(i) such child has not been a victim of a
severe form of trafficking in persons, and
there is no credible evidence that such child
is at risk of being trafficked upon return to
the child's country of nationality or of last
habitual residence;
(ii) such child does not have a fear of
returning to the child's country of nationality
or of last habitual residence owing to a
credible fear of persecution; and
(iii) the child is able to make an
independent decision to withdraw the child's
application for admission to the United States.
(B) Return.--An immigration officer who finds an
unaccompanied alien child described in subparagraph (A)
at a land border or port of entry of the United States
and determines that such child is inadmissible under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) may--
(i) permit such child to withdraw the
child's application for admission pursuant to
section 235(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child's
country of nationality or country of last
habitual residence.
(C) Contiguous country agreements.--The Secretary
of State shall negotiate agreements between the United
States and countries contiguous to the United States
with respect to the repatriation of children. Such
agreements shall be designed to protect children from
severe forms of trafficking in persons, and shall, at a
minimum, provide that--
(i) no child shall be returned to the
child's country of nationality or of last
habitual residence unless returned to
appropriate officials or employees of the
accepting country's government;
(ii) no child shall be returned to the
child's country of nationality or of last
habitual residence outside of reasonable
business hours; and
(iii) border personnel of the countries
that are parties to such agreements are trained
in the terms of such agreements.
(3) Rule for other children.--The custody of unaccompanied
alien children not described in paragraph (2)(A) who are
apprehended at the border of the United States or at a United
States port of entry shall be treated in accordance with
subsection (c).
(4) Screening.--Within 48 hours of the apprehension of a
child who is believed to be described in paragraph (2)(A), but
in any event prior to returning such child to the child's
country of nationality or of last habitual residence, the child
shall be screened to determine whether the child meets the
criteria listed in paragraph (2)(A). If the child does not meet
such criteria, or if no determination can be made within 48
hours of apprehension, the child shall immediately be
transferred to the Secretary of Health and Human Services and
treated in accordance with subsection (c).
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect
children from trafficking and exploitation, the
Secretary of State shall create a pilot program, in
conjunction with non-governmental organizations and
other national and international agencies and experts,
to develop and implement best practices to ensure the
safe and secure repatriation and reintegration of
unaccompanied alien children into their country of
nationality or of last habitual residence, including
placement with their families or other sponsoring
agencies.
(B) Report on repatriation of unaccompanied alien
children.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security, in conjunction with the
Secretary of State and Secretary of Health and Human
Services, shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to
repatriate unaccompanied alien children. Such report
shall include--
(i) the number of unaccompanied alien
children ordered removed and the number of such
children actually removed from the United
States;
(ii) a statement of the nationalities,
ages, and gender of such children;
(iii) a description of the policies and
procedures used to effect the removal of such
children from the United States and the steps
taken to ensure that such children were safely
and humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation
pilot program created pursuant to subparagraph
(A);
(iv) a description of the type of
immigration relief sought and denied to such
children; and
(v) statistical information and other data
on unaccompanied alien children as provided for
in section 462(b)(1)(J) of the Homeland
Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
(C) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed by the
Department of Homeland Security, except for an
unaccompanied alien child from a contiguous country
subject to exceptions under subsection (b)(2), shall be
placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(c) Combatting Child Trafficking and Exploitation in the United
States.--
(1) Care and custody of unaccompanied alien children.--
Consistent with section 462 of the Homeland Security Act of
2002 (6 U.S.C. 279), and except as otherwise provided under
subsection (b), the care and custody of all unaccompanied alien
children, including responsibility for their detention, where
appropriate, shall be the responsibility of the Secretary of
Health and Human Services.
(2) Notification.--Each department or agency of the Federal
Government shall notify the Department of Health and Human
services within 48 hours upon--
(A) the apprehension or discovery of an
unaccompanied alien child; or
(B) any claim or suspicion that an alien in the
custody of such department or agency is under 18 years
of age and is unaccompanied.
(3) Transfers of unaccompanied alien children.--Any
department or agency of the Federal Government that has an
unaccompanied alien child in its custody shall transfer the
custody of such child to the Secretary of Health and Human
Services within 72 hours, except in the case of exceptional
circumstances, upon a determination that such child is an
unaccompanied alien child.
(4) Age determinations.--
(A) In general.--The Secretary of Health and Human
Services shall make an age determination for an alien
described in paragraph (2)(B) and take whatever other
steps are necessary to determine whether such alien is
eligible for treatment under this section or section
462 of the Homeland Security Act of 2002 (6 U.S.C.
279).
(B) Procedures.--The Secretary of Health and Human
Services, in consultation with the Secretary of
Homeland Security, shall develop procedures to make a
prompt determination of the age of an alien, which
shall be used by the Secretary of Homeland Security and
the Secretary of Health and Human Services for children
in their respective custody. At a minimum, these
procedures shall permit the presentation of multiple
forms of evidence, including the non-exclusive use of
radiographs, to determine the age of the unaccompanied
alien.
(d) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health and
Human Services, Secretary of Homeland Security, Attorney
General, and Secretary of State shall establish policies and
programs to ensure that unaccompanied alien children in the
United States are protected from traffickers and other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including policies
and programs reflecting best practices in witness security
programs.
(2) Safe and secure placements.--Subject to section
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of the
Secretary of Health and Human Services shall be promptly placed
in the least restrictive setting that is in the best interest
of the child. In making such placements, the Secretary of
Health and Human Services may consider danger to self, danger
to the community, and risk of flight. Placement of child
trafficking victims may include placement with competent adult
victims of the same trafficking scheme in order to ensure
continuity of care and support. A child shall not be placed in
a juvenile delinquency or other secure detention facility (as
defined in section 103(12) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603(12)) absent
a determination that the child poses a danger to others or has
been accused of having committed a criminal offense.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements of
subparagraph (B), an unaccompanied alien child may not
be placed with a person or entity unless the Secretary
of Health and Human Services makes a determination that
the proposed custodian is capable of providing for the
child's physical and mental well-being. Such
determination shall, at a minimum, include verification
of the custodian's identity and relationship to the
child, if any, as well as an independent finding that
the individual has not engaged in any activity that
would indicate a potential risk to the child.
(B) Home studies.--Before placing the child with an
individual, the Secretary of Health and Human Services
shall determine whether a home study is first
necessary. A home study shall be conducted for a child
who is a victim of a severe form of trafficking in
persons, a special needs child with a disability (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2))), or a child who has
been a victim of physical or sexual abuse under
circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened.
The Secretary of Health and Human Services shall
conduct follow-up services, during the pendency of
removal proceedings, on children and custodians for
whom a home study was conducted.
(C) Access to information.--Upon request from the
Secretary of Health and Human Services, the Secretary
of Homeland Security shall provide information
necessary to conduct suitability assessments from
appropriate Federal, State, and local law enforcement
and immigration databases.
(4) Legal orientation presentations.--The Secretary of
Health and Human Services shall cooperate with the Executive
Office for Immigration Review to ensure that custodians receive
legal orientation presentations provided through the Legal
Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such presentations shall
address the custodian's responsibility to ensure the child's
appearance at all immigration proceedings and to protect the
child from mistreatment, exploitation, and trafficking.
(5) Access to counsel.--The Secretary of Health and Human
Services shall ensure, to the greatest extent practicable and
consistent with section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362), that all unaccompanied alien children who
are or have been in the custody of the Secretary or the
Secretary of Homeland Security, and who are not described in
subsection (b)(2)(A), have competent counsel to represent them
in legal proceedings or matters and protect them from
mistreatment, exploitation, and trafficking. To the greatest
extent practicable, the Secretary of Health and Human Services
shall make every effort to utilize the services of competent
pro bono counsel who agree to provide representation to such
children without charge.
(6) Child advocates.--The Secretary of Health and Human
Services is authorized to appoint independent child advocates
for child trafficking victims and other vulnerable
unaccompanied children. A child advocate shall be provided
access to materials necessary to effectively advocate for the
best interest of the child. The child advocate shall not be
compelled to testify or provide evidence in any proceeding
concerning any information or opinion received from the child
in the course of serving as a child advocate. The child
advocate shall be presumed to be acting in good faith and be
immune from civil and criminal liability for lawful conduct of
duties as described in this paragraph.
(e) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(A) in clause (i), by striking ``State and who has
been deemed eligible by that court for long-term foster
care due to abuse, neglect, or abandonment;'' and
inserting ``State, or an individual or entity appointed
by a State or juvenile court located in the United
States, and whose reunification with one or both of the
immigrant's parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under
State law;'';
(B) in clause (iii), in the matter preceding
subclause (I), by striking ``the Attorney General
expressly consents to the dependency order serving as a
precondition to the grant of special immigrant juvenile
status;'' and inserting ``the Secretary of Homeland
Security consents to the grant of special immigrant
juvenile status,''; and
(C) in clause (iii)(I), by striking ``in the actual
or constructive custody of the Attorney General unless
the Attorney General specifically consents to such
jurisdiction;'' and inserting ``in the custody of the
Secretary of Health and Human Services unless the
Secretary of Health and Human Services specifically
consents to such jurisdiction;''.
(2) Adjustment of status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), (6)(C),
(6)(D), (7)(A), and (9)(C)(i)(I) of section 212(a)
shall not apply; and''.
(3) Eligibility for assistance.--A child who has been
granted special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J))
and who was either in the custody of the Secretary of Health
and Human Services at the time a dependency order was granted
for such child or who was receiving services pursuant to
section 501(a) of the Refugee Education Assistance Act of 1980
(8 U.S.C. 1522 note) at the time such dependency order was
granted, shall be eligible for placement and services under
section 412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)) until the earlier of--
(A) the date on which the child reaches the age
designated in section 412(d)(2)(B) of the Immigration
and Nationality Act (8 U.S.C. 1522(d)(2)(B)); or
(B) the date on which the child is placed in a
permanent adoptive home.
(4) State courts acting in loco parentis.--A department or
agency of a State, or an individual or entity appointed by a
State court or juvenile court located in the United States,
acting in loco parentis, shall not be considered a legal
guardian for purposes of this section or section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(5) Transition rule.--Notwithstanding any other provision
of law, an alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as
amended by paragraph (1), may not be denied special immigrant
status under such section after the date of the enactment of
this Act based on age if the alien was a child on the date on
which the alien applied for such status.
(6) Access to asylum protections.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g))).''; and
(B) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C.
279(g))), regardless of whether filed in accordance
with this section or section 235(b).''.
(7) Specialized needs of children.--Applications for asylum
and other forms of relief from removal in which a child is the
principal applicant shall be governed by regulations which take
into account the specialized needs of children and which
address both procedural and substantive aspects of handling
children's cases.
(f) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services and the Attorney
General shall provide specialized training to all Federal personnel who
come into contact with unaccompanied alien children. Such personnel
shall be trained to work with unaccompanied alien children, including
identifying children who are a victim of a severe form of trafficking
in persons, and children for whom asylum or special immigrant relief
may be appropriate, including children described in subsection (b)(2).
(g) Amendments to the Homeland Security Act of 2002.--
(1) Additional responsibilities.--Section 462(b)(1)(L) of
the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is
amended by striking the period at the end and inserting ``,
including regular follow-up visits to such facilities,
placements, and other entities, to assess the continued
suitability of such placements.''.
(2) Technical corrections.--Section 462(b) of the Homeland
Security Act of 2002 (6 U.S.C. 279(b)) is amended--
(A) in paragraph (3), by striking ``paragraph
(1)(G),'' and inserting ``paragraph (1),''; and
(B) by adding at the end the following:
``(4) Rule of construction.--Nothing in paragraph (2)(B)
may be construed to require that a bond be posted for an
unaccompanied alien child who is released to a qualified
sponsor.''.
(h) Definition of Unaccompanied Alien Child.--For purposes of this
section, the term ``unaccompanied alien child'' has the meaning given
such term in section 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
(i) Effective Date.--This section shall take effect on the date
that is 90 days after the date of the enactment of this Act.
(j) Grants and Contracts.--The Secretary of Health and Human
Services may award grants to, and enter into contracts with, voluntary
agencies to carry out this section and section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).

SEC. 237. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.

(a) Increase in Fee.--Notwithstanding any other provision of law,
not later than October 1, 2008, the Secretary of State shall increase
by $2.00 the fee or surcharge assessed under section 140(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 8 U.S.C. 1351 note) for processing machine readable
nonimmigrant visas and machine readable combined border crossing
identification cards and nonimmigrant visas.
(b) Deposit of Amounts.--Notwithstanding section 140(a)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 8 U.S.C. 1351 note), fees collected under the authority of
subsection (a) shall be deposited in the Treasury.
(c) Duration of Increase.--The fee increase authorized under
subsection (a) shall terminate on the date that is 2 years after the
date on which such fee is first collected.

TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``104,''; and
(ii) by striking ``$1,500,000'' and all
that follows through ``2007'' and inserting
``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(B) in the second sentence--
(i) by inserting ``$1,500,000 for
additional personnel for each of the fiscal
years 2008 through 2011'' after ``Office to
Monitor and Combat Trafficking''; and
(ii) by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in the first sentence of subsection (b), by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 for each of the fiscal years 2008
through 2011'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``2004, 2005, 2006, and
2007'' each place it appears and inserting
``2008 through 2011'';
(ii) in subparagraph (B)--
(I) by striking ``$15,000,000'' and
inserting ``$10,000,000''; and
(II) by adding at the end the
following new sentence: ``To carry out
the purposes of section 107(a)(1)(F),
there are authorized to be appropriated
to the Secretary of State $500,000 for
fiscal year 2008, $750,000 for fiscal
year 2009, and $1,000,000 for each of
the fiscal years 2010 and 2011.''; and
(iii) in subparagraph (C), by inserting
``(as added by section 109)'' after ``section
134 of the Foreign Assistance Act of 1961'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2) (as redesignated by
subparagraph (C))--
(i) by striking ``section 104'' and
inserting ``sections 116(f) and 502B(h) of the
Foreign Assistance Act of 1961 (as added by
section 104)''; and
(ii) by striking ``, including the
preparation'' and all that follows through
``section'';
(4) in subsection (d)--
(A) in the first sentence, by striking
``$10,000,000'' and all that follows through ``2007''
and inserting ``$15,000,000 for each of the fiscal
years 2008 through 2011''; and
(B) in the second sentence, by striking
``$250,000'' and all that follows through ``2007'' and
inserting ``$500,000 for each of the fiscal years 2008
through 2011'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``$5,000,000''
and all that follows through ``2007'' and inserting
``$15,000,000 for each of the fiscal years 2008 through
2011'';
(B) in paragraph (2)--
(i) by striking ``section 109'' and
inserting ``section 134 of the Foreign
Assistance Act of 1961 (as added by section
109)''; and
(ii) by striking ``$5,000,000'' and all
that follows through ``2007'' and inserting
``$15,000,000 for each of the fiscal years 2008
through 2011''; and
(C) in paragraph (3), by striking ``$300,000'' and
all that follows through ``2007'' and inserting
``$1,000,000 for each of the fiscal years 2008 through
2011'';
(6) in subsection (f)--
(A) by striking ``section 107(b)'' and inserting
``section 107(b) of this Act and section 202(g) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007''; and
(B) by striking ``$5,000,000'' and all that follows
through ``2007'' and inserting ``$15,000,000 for each
of the fiscal years 2008 through 2011'';
(7) in subsection (h), by striking ``fiscal year 2006'' and
inserting ``each of the fiscal years 2008 through 2011''; and
(8) in subsection (i), by striking ``$18,000,000'' and all
that follows through ``2007'' and inserting ``$18,000,000 for
each of the fiscal years 2008 through 2011''.

SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005.

The Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) is amended--
(1) in paragraph (7) of section 102(b), by striking ``2006
and 2007'' and inserting ``2008 through 2011'';
(2) in subsection (b) of section 105, by adding at the end
the following new paragraph:
``(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Secretary of Labor $1,000,000 for each of the fiscal years 2008
through 2011.'';
(3) in subsection (c) of section 201--
(A) in paragraph (1), by striking ``$2,500,000 for
each of the fiscal years 2006 and 2007'' each place it
appears and inserting ``$3,000,000 for each of the
fiscal years 2008 through 2011''; and
(B) in paragraph (2), by striking ``$1,000,000''
and all that follows through ``2007'' and inserting
``$1,000,000 for each of the fiscal years 2008 through
2011'';
(4) in subsection (d) of section 202, by striking
``$10,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 for each of the fiscal years 2008
through 2011'';
(5) in subsection (g) of section 203, by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(6) in subsection (d) of section 204, by striking
``$25,000,000'' and all that follows through ``2007'' and
inserting ``$25,000,000 for each of the fiscal years 2008
through 2011''.

SEC. 303. RULE OF CONSTRUCTION.

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

SEC. 304. TECHNICAL AMENDMENTS.

(a) Trafficking Victims Protection Act of 2000.--Sections 103(1)
and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(1) and 7103(d)(7)) are amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
(b) Trafficking Victims Protection Reauthorization Act of 2005.--
Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section
104 of the Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164) are amended by striking ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.

TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

SEC. 401. SHORT TITLE.

This title may be cited as the ``Child Soldier Prevention Act of
2007''.

SEC. 402. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Child soldier.--Consistent with the provisions of the
Optional Protocol, the term ``child soldier''--
(A) means--
(i) any person under age 18 who takes a
direct part in hostilities as a member of
governmental armed forces, where the government
has failed to take all feasible measures to
ensure that members of its armed forced under
age 18 do not take a direct part in
hostilities;
(ii) any person under age 18 who has been
compulsorily recruited into governmental armed
forces;
(iii) any person under age 16 voluntarily
recruited into governmental armed forces; and
(iv) any person under age 18 recruited or
used in hostilities by armed forces distinct
from the armed forces of a state, where the
government has failed to take all feasible
measures to prevent such recruitment and use,
including the adoption of legal measures
necessary to prohibit and criminalize such
practices; and
(B) includes any person described in clauses (ii),
(iii), and (iv) of subparagraph (A) who is serving in
any capacity, including in a support role such as a
cook, porter, messenger, medic, guard, or sex slave.
(3) Optional protocol.--The term ``Optional Protocol''
means the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflict,
which establishes 18 as the minimum age for conscription or
forced recruitment and requires states party to take all
feasible measures to ensure that members of their armed forces
under the age of 18 do not take a direct part in hostilities
(4) United states munitions list.--The term ``United States
Munitions List'' means the list referred to in section 38(a)(1)
of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 403. FINDINGS.

Congress makes the following findings:
(1) According to the September 7, 2005, report to the
General Assembly of the United Nations by the Special
Representative of the Secretary-General for Children and Armed
Conflict, ``In the last decade, two million children have been
killed in situations of armed conflict, while six million
children have been permanently disabled or injured. Over
250,000 children continue to be exploited as child soldiers and
tens of thousands of girls are being subjected to rape and
other forms of sexual violence.''.
(2) According to the Center for Emerging Threats and
Opportunities (CETO), Marine Corps Warfighting Laboratory,
``The Child Soldier Phenomenon has become a post-Cold War
epidemic that has proliferated to every continent with the
exception of Antarctica and Australia.''.
(3) Many of the children currently serving in armed forces
or paramilitaries were forcibly conscripted through kidnapping
or coercion, a form of human trafficking, while others joined
military units due to economic necessity, to avenge the loss of
a family member, or for their own personal safety.
(4) Some military and militia commanders force child
soldiers to commit gruesome acts of ritual killings or torture,
including acts of violence against other children.
(5) Many female child soldiers face the additional
psychological and physical horrors of rape and sexual abuse,
enslavement for sexual purposes by militia commanders, and
severe social stigma should they return home.
(6) Some military and militia commanders target children
for recruitment because of their psychological immaturity and
vulnerability to manipulation and indoctrination. Children are
often separated from their families in order to foster
dependence on military units and leaders. Consequently, many of
these children suffer from deep trauma and are in need of
psychological counseling and rehabilitation.
(7) Child soldiers are exposed to hazardous conditions and
are at risk of physical injury and disability, psychological
trauma, sexually transmitted diseases, respiratory and skin
infections, and often death.
(8) On May 25, 2000, the United Nations adopted and opened
for signature, ratification, and accession the Optional
Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict.
(9) On June 18, 2002, the Senate unanimously approved the
resolution advising and consenting to the ratification of the
Optional Protocol.
(10) On December 23, 2002, the United States presented the
ratified Optional Protocol to the United Nations.
(11) More than 110 governments worldwide have ratified the
Optional Protocol, establishing a clear international norm
concerning the use of children in combat.
(12) On December 2, 1999, the United States ratified
International Labour Convention 182, the Convention concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour, which includes the use of child
soldiers among the worst forms of child labor.
(13) On October 7, 2005, the Senate gave its advice and
consent to the ratification of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime.
(14) It is in the national security interest of the United
States to reduce the chances that members of the United States
Armed Forces will be forced to encounter children in combat
situations.
(15) Section 502B(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is
directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise''.

SEC. 404. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the United States Government should condemn the
conscription, forced recruitment or use of children by
governments, paramilitaries, or other organizations in
hostilities;
(2) the United States Government should support and, where
practicable, lead efforts to establish and uphold international
standards designed to end this abuse of human rights;
(3) the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate them back into their communities by--
(A) offering ongoing psychological services to help
victims recover from their trauma and relearn how to
deal with others in nonviolent ways such that they are
no longer a danger to their community, taking into
consideration the needs of girl soldiers, who may be at
risk of exclusion from disarmament, demobilization, and
reintegration programs;
(B) facilitating reconciliation with their
communities through negotiations with traditional
leaders and elders to enable recovered abductees to
resume normal lives in their communities; and
(C) providing educational and vocational
assistance;
(4) the United States should work with the international
community, including, where appropriate, third country
governments, nongovernmental organizations, faith-based
organizations, United Nations agencies, local governments,
labor unions, and private enterprise--
(A) on efforts to bring to justice rebel
organizations that kidnap children for use as child
soldiers, including the Lord's Resistance Army (LRA) in
Uganda, Fuerzas Armadas Revolucionarias de Colombia
(FARC), and Liberation Tigers of Tamil Eelam (LTTE) in
Sri Lanka, including, where feasible, by arresting the
leaders of such groups; and
(B) on efforts to recover those children who have
been abducted and to assist them in their
rehabilitation and reintegration into communities;
(5) the Secretary of State, the Secretary of Labor, and the
Secretary of Defense should coordinate programs to achieve the
goals specified in paragraph (3), and in countries where the
use of child soldiers is an issue, whether or not it is
supported or sanctioned by the governments of such countries,
United States diplomatic missions should include in their
mission program plans a strategy to achieve the goals specified
in such paragraph;
(6) United States diplomatic missions in countries in which
governments use or tolerate child soldiers should develop, as
part of annual program planning, strategies to promote efforts
to end this abuse of human rights, identifying and integrating
global best practices, as available, into such strategies to
avoid duplication of effort; and
(7) in allocating or recommending the allocation of funds
or recommending candidates for programs and grants funded by
the United States Government, United States diplomatic missions
should give serious consideration to those programs and
candidates deemed to promote the end to this abuse of human
rights.

SEC. 405. PROHIBITION ON PROVISION OF MILITARY ASSISTANCE TO FOREIGN
GOVERNMENTS THAT RECRUIT OR USE CHILD SOLDIERS.

(a) In General.--Subject to subsections (b), (c), and (d), none of
the funds made available to carry out sections 516 or 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23
of the Arms Export Control Act (22 U.S.C. 2763) may be used to provide
assistance to the government of a country that the Secretary of State
determines has governmental armed forces or government supported armed
groups, including paramilitaries, militias, or civil defense forces,
that recruit or use child soldiers.
(b) Publication of List of Foreign Governments and Notification to
Foreign Governments.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments subject to the prohibition in subsection (a) in the
report required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)).
(2) Notification to foreign governments.--The Secretary of
State shall formally notify each foreign government subject to
the prohibition in subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
foreign government of the prohibition in subsection (a) if the
President determines that such waiver is in the interest of the
United States.
(2) Publication and notification.--The President shall
publish each waiver granted under paragraph (1) in the Federal
Register and shall notify the appropriate congressional
committees of each such waiver, including the justification for
the waiver, in accordance with the regular notification
procedures of such committees.
(d) Reinstatement of Assistance.--The President may provide to a
foreign government assistance otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional committees that the
foreign government--
(1) has implemented effective measures to come into
compliance with the standards of this title; and
(2) has implemented effective policies and mechanisms to
prohibit and prevent future use of child soldiers and to ensure
that no children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exceptions.--
(1) Assistance to address the problem of child soldiers and
professionalization of the military.--
(A) In general.--The President may provide to a
foreign government assistance under section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347;
relating to international military education and
training) otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional
committees that--
(i) the government is implementing
effective measures to demobilize child soldiers
in its forces or in government supported
paramilitaries and to provide demobilization,
rehabilitation, and reintegration assistance to
those former child soldiers; and
(ii) the assistance provided by the United
States Government to the government will go to
programs that will directly support
professionalization of the military.
(B) Limitation.--The exception under subparagraph
(A) may not remain in effect for more than 2 years
following the date of notification specified in
subsection (b)(2).
(2) Assistance for demining activities, the clearance of
unexploded ordinance, the destruction of small arms, and
related activities.--The President may use funds made available
under section 23 of the Arms Export Control Act (22 U.S.C.
2763; relating to credit sales) to provide to a foreign
government assistance otherwise prohibited under subsection (a)
if the purpose of the assistance is to carry out demining
activities, the clearance of unexploded ordinance, the
destruction of small arms, or related activities.
(3) Assistance to further cooperation with the united
states to combat international terrorism.--The President may
provide to a foreign government assistance under any provision
of law specified in subsection (a) if the purpose of the
assistance is specifically designed to further cooperation
between the United States and the foreign government to combat
international terrorism.
(f) Effective Date; Applicability.--This section takes effect 180
days after the date of the enactment of this Act and shall apply to
funds made available for the first fiscal year beginning after such
effective date and each subsequent fiscal year.

SEC. 406. REPORTS.

(a) Preparation of Reports Regarding Child Soldiers.--The Secretary
of State shall ensure that United States missions abroad thoroughly
investigate reports of the use of child soldiers in the countries in
which such missions are located.
(b) Information for Annual Human Rights Reports.--In preparing
those portions of the Department of State's annual Country Reports on
Human Rights Practices that relate to child soldiers, the Secretary of
State shall ensure that such portions include a description of the use
of child soldiers in each foreign country, including--
(1) trends toward improvement in such country of the status
of child soldiers or the continued or increased tolerance of
such practices; and
(2) the role of the government of such country in engaging
in or tolerating the use of child soldiers.
(c) Notification to Congress.--Not later than June 15 of each year
for 10 years following the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees--
(1) a list of any waivers or exceptions exercised under
section 405;
(2) a justification for those waivers and exceptions; and
(3) a description of any assistance provided pursuant to
section 405.
(d) Report on Implementation of Title.--Not later than 180 days
after the date of the enactment of this Act, the President shall submit
to appropriate congressional committees a report setting forth a
strategy for achieving the policy objectives of this title, including a
description of an effective mechanism for coordination of United States
Government efforts to implement this strategy.
(e) Report on Child Soldiers in Burma.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report of the
recruitment and use of child soldiers by the governmental armed forces
or government-supported armed groups of the Government of Burma,
including paramilitaries, militias, or civil defense forces.

SEC. 407. TRAINING FOR FOREIGN SERVICE OFFICERS.

Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
after January 1, 2008, for members of the Service, including chiefs of
mission, instruction on matters related to child soldiers and the terms
of the Child Soldier Prevention Act of 2007.''.

Passed the House of Representatives December 4, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.