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[House Report 110-430]
[From the U.S. Government Publishing Office]

110th Congress                                            Rept. 110-430
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================

 
WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT 
                                OF 2007

                                _______
                                

                November 6, 2007.--Ordered to be printed

                                _______
                                

   Mr. Lantos, from the Committee on Foreign Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3887]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Foreign Affairs, to whom was referred the 
bill (H.R. 3887) to authorize appropriations for fiscal years 
2008 through 2011 for the Trafficking Victims Protection Act of 
2000, to enhance measures to combat forced labor, and for other 
purposes, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.

                            C O N T E N T S

                                                                   Page
The Amendments...................................................     2
Summary..........................................................    33
Background and Purpose for the Legislation.......................    33
Hearings.........................................................    35
Committee Consideration..........................................    35
Votes of the Committee...........................................    35
Committee Oversight Findings.....................................    35
New Budget Authority and Tax Expenditures........................    36
Congressional Budget Office Cost Estimate........................    36
Performance Goals and Objectives.................................    43
Constitutional Authority Statement...............................    43
New Advisory Committees..........................................    44
Congressional Accountability Act.................................    44
Earmark Identification...........................................    44
Section-by-Section Analysis and Discussion.......................    44
Changes in Existing Law Made by the Bill, as Reported............    60

                             The Amendments

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

Sec. 201. Protecting trafficking victims against retaliation.
Sec. 202. Information for work-based nonimmigrants on legal rights and 
resources.
Sec. 203. Clarification of roles of Secretary of Homeland Security and 
Attorney General.
Sec. 204. Relief for certain victims pending actions on petitions and 
applications for relief.
Sec. 205. Parole for derivatives of trafficking victims.
Sec. 206. Implementation of Trafficking Victims Protection 
Reauthorization Act of 2005.

             Subtitle B--Assistance for Trafficking Victims

Sec. 211. Victim of trafficking certification process.
Sec. 212. Assistance for certain visa applicants.
Sec. 213. Interim assistance for child victims of trafficking.
Sec. 214. Ensuring assistance for all victims of trafficking in 
persons.

       Subtitle C--Penalties Against Traffickers and Other Crimes

Sec. 221. Enhancing trafficking and other related offenses.
Sec. 222. Jurisdiction in certain trafficking offenses.
Sec. 223. Amendment of other crimes related to trafficking.
Sec. 224. Model statutes provided to States.

         Subtitle D--Activities of the United States Government

Sec. 231. Annual report by the Attorney General.
Sec. 232. Annual anti-trafficking conference.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Coordinators to Combat Human Trafficking.
Sec. 235. Preventing United States travel by traffickers.
Sec. 236. Enhancing efforts to combat the trafficking of children.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

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

           TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

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

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

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

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

SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION.

    (a) T Visas.--Section 101(a)(15)(T) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended--
          (1) in clause (i)--
                  (A) in the matter preceding subclause (I), by 
                striking ``jointly;'' and inserting ``jointly,'';
                  (B) in subclause (I), by striking the comma at the 
                end and inserting a semicolon;
                  (C) in subclause (II), by adding at the end the 
                following: ``including physical presence on account of 
                the alien having been allowed entry into the United 
                States for participation in investigative or judicial 
                processes;'';
                  (D) in subclause (III)--
                          (i) in item (aa), by striking ``or'' at the 
                        end;
                          (ii) in item (bb), by striking ``, and'' at 
                        the end and inserting ``; and'';
                          (iii) by redesignating item (bb) as item 
                        (cc); and
                          (iv) by inserting after item (aa) the 
                        following:
                  ``(bb) in the Secretary's sole and unreviewable 
                discretion, that the alien is unlikely or unable to 
                cooperate with such a request due to physical or 
                psychological trauma; or''; and
                  (E) in subclause (IV)--
                          (i) by striking ``involving unusual and 
                        severe harm''; and
                          (ii) by adding ``and'' at the end;
          (2) in clause (ii)(II), by striking ``alien; and'' and 
        inserting ``alien and any parents or siblings of such alien who 
        establish a present danger of retaliation as a result of the 
        alien's cooperation with law enforcement.''; and
          (3) by striking clause (iii).
    (b) Requirements for T Visa Issuance.--Section 214(o) of the 
Immigration and Nationality Act (8 U.S.C. 1184(o)) is amended by adding 
at the end the following:
          ``(8)(A) If the Secretary of Homeland Security, in the 
        Secretary's discretion and with the consultation of the 
        Attorney General, determines that a trafficking victim, due to 
        psychological or physical trauma, is unable to cooperate with a 
        request for assistance described in section 
        101(a)(15)(T)(i)(III)(aa), the request is unreasonable.
          ``(B) In determining whether extreme hardship described in 
        section 101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland 
        Security, in consultation with investigators, prosecutors, and 
        relevant individuals responsible for working with victims and 
        witnesses shall consider whether the country to which the alien 
        is likely to be removed can adequately address security 
        concerns and the mental and physical health needs of the alien 
        and of persons described in section 101(a)(15)(T)(ii).''.
    (c) Expansion of Authority To Permit Continued Presence in the 
United States.--
          (1) In general.--Section 107(c)(3) of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended to 
        read as follows:
          ``(3) Authority to permit continued presence in the united 
        states.--
                  ``(A) Trafficking victims.--
                          ``(i) In general.--Upon application from law 
                        enforcement officials, the Secretary of 
                        Homeland Security may permit an alien's 
                        continued presence in the United States if--
                                  ``(I) after a prima facie assessment, 
                                the Secretary determines that such 
                                alien may be a victim of a severe form 
                                of trafficking; and
                                  ``(II) the Secretary is notified by 
                                such law enforcement officials that 
                                such alien may be a potential witness 
                                to such trafficking, in order to 
                                effectuate prosecution of those 
                                responsible.
                          ``(ii) Safety.--Federal law enforcement 
                        officials described in clause (i), in 
                        investigating and prosecuting traffickers, 
                        shall protect the safety of trafficking 
                        victims, including taking measures to protect 
                        trafficked persons and their family members 
                        from intimidation, threats of reprisals, and 
                        reprisals from traffickers and their 
                        associates.
                          ``(iii) Continuation of presence.--The 
                        Secretary shall continue to permit the 
                        continued presence of an alien described in 
                        clause (i) if such alien has filed a civil 
                        action under section 1595 of title 18, United 
                        States Code, until such action is concluded.
                  ``(B) Parole for relatives.--Pursuant to section 
                240A(b)(6) of the Immigration and Nationality Act (8 
                U.S.C. 1229b(b)(b)), as added by section 205 of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2007, law enforcement officials 
                may submit a written request to the Secretary of 
                Homeland Security to permit the parole into the United 
                States of certain relatives of an alien described in 
                subparagraph (A)(i).''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of enactment of this Act and 
        shall apply to requests for continued presence filed pursuant 
        to section 107(c)(3) of the Trafficking Victims Protection Act 
        (22 U.S.C. 7105(c)(3)) before, on, or after such date, except 
        that this paragraph does not permit the application of section 
        107(c)(3)(A) of such Act, as added by paragraph (1), to an 
        alien who is not present in the United States.
    (d) Adjustment of Status .--Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amended--
          (1) in paragraph (1)(B), by inserting ``subject to paragraph 
        (6),'' after ``(B)'';
          (2) in paragraph (1)(C)(ii), by striking ``involving unusual 
        and severe harm''; and
          (3) by adding at the end the following new paragraph--
    ``(6) For purposes of paragraph (1)(B), the Secretary of Homeland 
Security, in the Secretary's sole and unreviewable discretion, may 
waive consideration of a disqualification from good moral character 
(described in section 101(f)) with respect to an alien if the 
disqualification was caused by, or was incident to, the trafficking 
described in section 101(a)(15)(T)(i)(I).''.

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

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of State and the Trafficking in Persons 
and Worker Exploitation Task Force, shall develop an information 
pamphlet, as described in subsection (b), on legal rights and resources 
for aliens applying for employment- or education-based nonimmigrant 
visas, and shall distribute and make such pamphlet available as 
described in subsection (e). In preparing the information pamphlet, the 
Secretary of Homeland Security shall consult with nongovernmental 
organizations with expertise on the legal rights of workers and victims 
of severe forms of trafficking in persons.
    (b) Information Pamphlet.--The information pamphlet developed under 
subsection (a) shall include information on employment- or education-
based nonimmigrant visas or on student or cultural exchanges, as 
follows:
          (1) The nonimmigrant visa application processes, including 
        information about whether the particular employment- or 
        education-based nonimmigrant visa program includes portability 
        of employment or educational institution.
          (2) The illegality of slavery, peonage, trafficking in 
        persons, sexual assault, extortion, blackmail, and worker 
        exploitation in the United States.
          (3) Services for victims of severe forms of trafficking in 
        persons and worker exploitation in the United States, including 
        the Trafficking in Persons and Worker Exploitation Task Force 
        complaint line and the Operation Rescue and Restore hotline.
          (4) The legal rights of immigrant victims of worker 
        exploitation and other crimes in immigration, criminal justice, 
        family law, and other matters, including the right of access to 
        immigrant and labor rights groups, the right to seek redress in 
        United States courts, and the right to report abuse without 
        retaliation.
          (5) The requirements that subsection (g) places upon a person 
        engaging in foreign labor contracting activity, including the 
        disclosure of any debts.
    (c) Summaries.--The Secretary of Homeland Security, in consultation 
with the Attorney General and the Secretary of State, shall develop 
summaries of the information pamphlet developed under subsection (a) 
that shall be used by Federal officials when reviewing the pamphlet in 
interviews required by section 110.
    (d) Translation.--
          (1) In general.--In order to best serve the language groups 
        having the greatest concentration of employment- or education-
        based nonimmigrant visas, the information pamphlet developed 
        under subsection (a) shall, subject to paragraph (2), be 
        translated by the Secretary of State into foreign languages, 
        including Russian, Spanish, Tagalog, Vietnamese, Chinese, 
        Ukrainian, Thai, Korean, Polish, Japanese, French, Creole, 
        Arabic, Portuguese, Hindi, and such other languages as the 
        Secretary of State, in the Secretary's discretion, may specify.
          (2) Revision.--Every 2 years, the Secretary of Homeland 
        Security, in consultation with the Attorney General and the 
        Secretary of State, shall determine at least 14 specific 
        languages into which the information pamphlet shall be 
        translated based on the languages spoken by the greatest 
        concentrations of employment- or education-based nonimmigrant 
        visas.
    (e) Availability and Distribution.--
          (1) Posting on federal websites.--The information pamphlet 
        developed under subsection (a) shall be posted on the websites 
        of the Department of State and the Department of Homeland 
        Security, as well as on the websites of all United States 
        consular posts processing applications for nonimmigrant visas.
          (2) Other distribution.--The information pamphlet developed 
        under subsection (a) shall also be made available to any 
        foreign labor broker, government agency, or nongovernmental 
        advocacy organization.
    (f) Deadline for Pamphlet Development and Distribution.--The 
information pamphlet developed under subsection (a) shall be 
distributed and made available (including in the languages specified 
under subsection (d)) not later than 120 days after the date of the 
enactment of this Act.
    (g) Protections for Workers Recruited Abroad.--
          (1) Definitions.--In this section--
                  (A) the term ``foreign labor contractor'' means any 
                person who for any money or other consideration paid or 
                promised to be paid, performs any foreign labor 
                contracting activity;
                  (B) the term ``foreign labor contracting activity'' 
                means recruiting, soliciting, hiring, employing, or 
                furnishing, an individual who resides outside of the 
                United States to be employed in the United States; and
                  (C) the term ``worker'' means an individual who is 
                the subject of foreign labor contracting activity.
          (2) Disclosure.--Any person who engages in foreign labor 
        contracting activity shall ascertain and disclose in writing, 
        in English and in a language understood by the worker being 
        recruited, to each worker who is recruited for employment, at 
        the time of the worker's recruitment, the following 
        information:
                  (A) The location and period of employment, and any 
                travel or transportation expenses to be assessed.
                  (B) The compensation for the employment and any other 
                employee benefit to be provided and any costs to be 
                charged for each benefit.
                  (C) A description of employment requirements and 
                activities.
                  (D) The existence of any labor organizing effort, 
                strike, lockout, or other labor dispute at the place of 
                employment.
                  (E) The existence of any arrangement with any person 
                involving the receipt of a commission or any other 
                benefit for the provision of items or services to 
                workers.
                  (F) The extent to which workers will be compensated 
                through workers' compensation, private insurance, or 
                other means for injuries or death.
                  (G) Any education or training to be provided or 
                required, including the nature and cost of such 
                training and the person who will pay such costs, and 
                whether the training is a condition of employment, 
                continued employment, or future employment.
          (3) Restriction.--No foreign labor contractor or employer who 
        engages in foreign labor contracting activity shall knowingly 
        provide materially false or misleading information to any 
        worker concerning any matter required to be disclosed under 
        paragraph (2). The disclosure required by this section is a 
        document concerning the proper administration of a matter 
        within the jurisdiction of a department or agency of the United 
        States for the purposes of section 1519 of title 18, United 
        States Code.
          (4) Registration.--
                  (A) In general.--Before engaging in any foreign labor 
                contracting activity, any person who is a foreign labor 
                contractor shall obtain a certificate of registration 
                from the Secretary of Labor specifying the activities 
                that such person is authorized to perform.
                  (B) Issuance.--The Secretary shall promulgate 
                regulations to establish an efficient electronic 
                process for the investigation and approval of an 
                application for a certificate of registration of 
                foreign labor contractors not later than 14 days after 
                such application is filed, including--
                          (i) requirements under paragraphs (1), (4), 
                        and (5) of section 102 of the Migrant and 
                        Seasonal Agricultural Worker Protection Act (29 
                        U.S.C. 1812);
                          (ii) an expeditious means to update 
                        registrations and renew certificates; and
                          (iii) any other requirements that the 
                        Secretary may prescribe.
                  (C) Term of registration.--Unless suspended or 
                revoked, a certificate under this subparagraph shall be 
                valid for 2 years.
                  (D) Refusal to issue; revocation.--In accordance with 
                regulations promulgated by the Secretary of Labor, the 
                Secretary shall refuse to issue or renew, or shall 
                revoke, after notice and an opportunity for a hearing, 
                a certificate of registration under this subparagraph 
                if--
                          (i) the applicant for, or holder of, the 
                        certification has knowingly made a material 
                        misrepresentation in the application for such 
                        certificate;
                          (ii) the applicant for, or holder of, the 
                        certification is not the real party in interest 
                        in the application or certificate of 
                        registration and the real party in interest--
                                  (I) is a person who has been refused 
                                issuance or renewal of a certificate;
                                  (II) has had a certificate revoked; 
                                or
                                  (III) does not qualify for a 
                                certificate under this paragraph; or
                          (iii) the applicant for, or holder of, the 
                        certification has failed to comply with this 
                        subsection.
                  (E) Complaints and investigations.--The Secretary of 
                Labor shall establish a process for the receipt, 
                investigation, and disposition of complaints respecting 
                a foreign labor contractor's compliance with this 
                subsection. Complaints may be filed by any aggrieved 
                person or organization (including bargaining 
                representatives). No investigation or hearing shall be 
                conducted on a complaint concerning a violation of this 
                subsection unless the complaint was filed not later 
                than 12 months after the date of the violation. The 
                Secretary shall conduct an investigation under this 
                paragraph if there is reasonable cause to believe that 
                such a violation occurred.
                  (F) Maintenance of lists.--
                          (i) In general.--The Secretary shall maintain 
                        a list of all foreign labor contractors 
                        registered under this Act; and
                          (ii) Public availability.--The Secretary 
                        shall make the list described in clause (i) 
                        publicly available, including through 
                        publication on the Internet.
                  (G) Re-registration of violators.--The Secretary 
                shall provide a procedure by which a foreign labor 
                contractor that has had its registration revoked may 
                seek to re-register under this paragraph by 
                demonstrating to the Secretary's satisfaction that the 
                foreign labor contractor has not violated this section 
                in the previous 5 years.
          (5) Amendment to immigration and nationality act.--Section 
        214 of the Immigration and Nationality Act is amended by adding 
        at the end the following:
    ``(s) A visa shall not be issued under the subparagraph (A)(iii), 
(G)(v), (H), (J), (L), (Q), or (R) of section 101(a)(15) until the 
consular officer--
          ``(1) has provided to and reviewed with the applicant, in the 
        applicant's language (or a language the applicant understands), 
        a copy of the information and resources pamphlet required by 
        section 202 of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2007; and
          ``(2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by such section 
        202.''.
          (6) Enforcement provisions.--
                  (A) Administrative enforcement.--The Secretary of 
                Labor may impose, for knowingly or recklessly failing 
                to comply with the requirements of this section--
                          (i) a fine in an amount not more than $4,000 
                        per affected worker; and
                          (ii) upon the occasion of a third offense or 
                        failure to comply with representations, a fine 
                        of not more than $10,000 per affected worker.
                  (B) Civil action.--
                          (i) In general.--The Secretary of Labor may 
                        bring a civil action in any court of competent 
                        jurisdiction--
                                  (I) to seek remedial action, 
                                including injunctive relief;
                                  (II) to recover damages suffered by 
                                any worker harmed by such a violation, 
                                which shall include wages owed, and any 
                                debts incurred or fees paid by such 
                                worker, to any person, in reliance on 
                                the representations of the defendant or 
                                agents of the defendants; and
                                  (III) to ensure compliance with 
                                requirements of this section.
                          (ii) Sums recovered.--Any sums recovered by 
                        the Secretary on behalf of an employee under 
                        clause (i) shall be held in a special deposit 
                        account and shall be paid, on order of the 
                        Secretary, directly to each employee affected. 
                        Any such sums not paid to an employee because 
                        of inability to do so within a period of 3 
                        years shall be credited as an offsetting 
                        collection to the appropriations account of the 
                        Secretary of Labor for expenses for the 
                        administration of this section and shall remain 
                        available to the Secretary until expended.
                          (iii) Representation.--Except as provided in 
                        section 518(a) of title 28, United States Code, 
                        the Solicitor of Labor may appear for and 
                        represent the Secretary of Labor in any civil 
                        litigation brought under this subsection. All 
                        such litigation shall be subject to the 
                        direction and control of the Attorney General.
                  (C) Agency liability.--An employer who retains the 
                services of a foreign labor contractor shall only use 
                those foreign labor contractors who are registered 
                under paragraph (4). An employer who uses a foreign 
                labor contractor who is not registered under paragraph 
                (4), or who uses a foreign labor contractor knowing or 
                in reckless disregard that such contractor has violated 
                any provision of this subsection, shall be subject to 
                the provisions of this paragraph for violations 
                committed by such foreign labor contractor to the same 
                extent as if the employer had committed the violation.
    (h) Definitions.--In this section:
          (1) Employment- or education-based nonimmigrant visa.--The 
        term ``employment- or education-based nonimmigrant visa'' means 
        a nonimmigrant visa issued for the purpose of employment, 
        education, or training in the United States, including a visas 
        issued under subparagraph (A)(iii), (G)(v), (H), (J), (L), (Q), 
        or (R) of section 101(a)(15) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)).
          (2) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given the term in section 103 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102).

SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF HOMELAND SECURITY AND 
                    ATTORNEY GENERAL.

    (a) T Visa Classification.--Section 101(a)(15)(T)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)), as 
amended by section 201(a), is further amended by striking ``, or in the 
case of subclause (III)(aa) the Secretary of Homeland Security and the 
Attorney General jointly,''.
    (b) Adjustment of Status for Victims of Trafficking.--Section 
245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(1)) 
is amended--
          (1) in the matter preceding subparagraph (A), by striking ``, 
        or in the case of subparagraph (C)(i), the Attorney 
        General,,'';
          (2) in subparagraph (A), by striking ``Attorney General,'' 
        and inserting ``Secretary of Homeland Security,''; and
          (3) in subparagraph (C)(ii), by striking ``, or in the case 
        of subparagraph (C)(i), the Attorney General,''.
    (c) Adjustment of Status for Crime Victims.--Section 245(m)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended, 
in the matter preceding subparagraph (A), by striking ``unless the 
Attorney General'' and inserting ``unless the Secretary''.

SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
                    APPLICATIONS FOR RELIEF.

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

SEC. 205. PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.

    Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 
1229b(b)) is amended by adding at the end the following:
          ``(6) Relatives of trafficking victims.--
                  ``(A) In general.--Upon written request by a law 
                enforcement official, the Secretary of Homeland 
                Security shall grant parole under section 212(d)(5) to 
                any alien who is a relative of an alien granted 
                continued presence pursuant to section 107(c)(3)(A) of 
                the Trafficking Victims Protection Act (22 U.S.C. 
                7105(c)(3)(A)), if the relative was, on the date on 
                which law enforcement applied for such continued 
                presence--
                          ``(i) in the case of an alien granted 
                        continued presence who is under 21 years of 
                        age, the spouse, child, parent, or unmarried 
                        sibling under 18 years of age, of the alien; or
                          ``(ii) in the case of an alien granted 
                        continued presence who is 21 years of age or 
                        older, the spouse or child of the alien, or a 
                        parent or sibling of the alien who establishes 
                        a present danger of retaliation as a result of 
                        the alien's cooperation with law enforcement.
                  ``(B) Duration of parole.--
                          ``(i) In general.--The grant of parole under 
                        subparagraph (A) shall extend until the date an 
                        application filed by the principal alien under 
                        section 101(a)(15)(T)(ii) has been finally 
                        adjudicated.
                          ``(ii) Other limits on duration.--If no such 
                        application is filed, the grant of parole shall 
                        extend until the later of--
                                  ``(I) the date on which the principal 
                                alien's continued presence in the 
                                United States under section 
                                107(c)(3)(A) of the Trafficking Victims 
                                Protection Act (22 U.S.C. 
                                7105(c)(3)(A)) is terminated; or
                                  ``(II) the date on which a civil 
                                action filed by the principal alien 
                                under section 1595 of title 18, United 
                                States Code, is concluded.
                          ``(iii) Due diligence.--Failure by the 
                        principal alien to exercise due diligence in 
                        filing a visa petition on behalf of an alien 
                        described in clause (i) or (ii) of subparagraph 
                        (A) may result in revocation of parole.''.

SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION 
                    REAUTHORIZATION ACT OF 2005.

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

             Subtitle B--Assistance for Trafficking Victims

SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROCESS.

    Subsection 107(b)(1)(E) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7105(b)(1)(E)), is amended--
          (1) in clause (i)--
                  (A) in the matter preceding subclause (I), by 
                striking ``consultation'' and all that follows through 
                ``person'' and inserting ``consultation with the 
                Attorney General or the Secretary of Homeland Security, 
                that the person''; and
                  (B) in subclause (II)(bb), by striking ``United 
                States'' and all that follows through ``ensuring'' and 
                inserting ``United States the Secretary of Homeland 
                Security is ensuring''; and
          (2) in clause (ii), by striking ``so long as'' and all that 
        follows through ``determines'' and inserting ``so long as the 
        Secretary of Homeland Security determines''.

SEC. 212. ASSISTANCE FOR CERTAIN VISA APPLICANTS.

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

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

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

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

    (a) Amendments to the Trafficking Victims Protection Act of 2000.--
          (1) Assistance for united states citizens.--Section 107 of 
        the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) 
        is amended by adding at the end the following:
    ``(h) Assistance for United States Citizens.--
          ``(1) In general.--The Secretary of Health and Human Services 
        and the Attorney General, in consultation with the Secretary of 
        State and the Secretary of Labor, are authorized to establish a 
        program to provide assistance to United States citizens who are 
        victims of severe forms of trafficking. In determining the 
        types of assistance that would be most beneficial for such 
        victims, the Secretary of Health and Human Services and the 
        Attorney General shall consult with nongovernmental 
        organizations that provide services to victims of severe forms 
        of trafficking in the United States.
          ``(2) Use of existing programs.--In addition to such other 
        specialized services as may be required for victims described 
        in paragraph (1), the program established pursuant to paragraph 
        (1) shall facilitate communication and coordination between the 
        providers of assistance to such victims, and provide a means of 
        identifying such providers and making referrals to programs for 
        which such victims are already eligible (including programs 
        administered by the Department of Justice and the Department of 
        Health and Human Services).
          ``(3) Grants.--The Secretary of Health and Human Services and 
        the Attorney General may make grants to States, Indian tribes, 
        units of local government, and non-profit, nongovernmental 
        victims' service organizations to develop, expand, and 
        strengthen victim service programs authorized under this 
        subsection. The Federal share of a grant made under this 
        subsection may not exceed 75 percent of the total costs of the 
        projects described in the application submitted.''.
          (2) Authorization of appropriations.--Section 113 of such Act 
        (22 U.S.C. 7110) is amended--
                  (A) in subsection (b), by adding at the end the 
                following new sentence: ``To carry out the purposes of 
                section 107(h), there are authorized to be appropriated 
                to the Secretary of Health and Human Services 
                $2,500,000 for fiscal year 2008, $5,000,0000 for fiscal 
                year 2009, $10,000,000 for fiscal year 2010, and 
                $15,000,000 for fiscal year 2011.''; and
                  (B) in subsection (d), by adding at the end the 
                following new sentence: ``To carry out the purposes of 
                section 107(h), there are authorized to be appropriated 
                to the Attorney General $2,500,000 for fiscal year 
                2008, $5,000,0000 for fiscal year 2009, $10,000,000 for 
                fiscal year 2010, and $15,000,000 for fiscal year 
                2011.''.
    (b) Assistance for Potential Victims of Trafficking and Related 
Crimes.--
          (1) Victims of crimes act.--The Attorney General is 
        authorized to use funds available under the Victims of Crimes 
        Act of 1984 to provide assistance to persons victimized in 
        cases brought under chapter 117 of title 18, United States 
        Code.
          (2) Use of existing programs.--The President is authorized to 
        facilitate communication and coordination between the providers 
        of assistance to persons victimized in cases brought under 
        chapter 117 of title 18, United States Code, and to provide a 
        means of identifying such providers and making referrals to 
        programs for which such victims are already eligible (including 
        programs administered by the Department of Justice and the 
        Department of Health and Human Services).
          (3) Effect on other programs.--Nothing in this section or the 
        amendments made by this section shall derogate from the 
        programs for victims of sexual abuse or commercial sexual 
        exploitation or survivors of sexual abuse or commercial sexual 
        exploitation authorized by section 202 of the Trafficking 
        Victims Protection Reauthorization of 2005.
    (c) Partnerships Among Organizations.--Beginning not later than 120 
days after the date of the enactment of this Act, all applications for 
grants made by the Attorney General or the Secretary of Health and 
Human Services to States, Indian tribes, units of local government, and 
nonprofit, nongovernmental victims' service organizations to establish 
or maintain assistance programs for victims of severe forms of 
trafficking in persons or sex trafficking that occurs, in whole or in 
part, within the territorial jurisdiction of the United States shall 
include a statement by the applicant of whether the services will be 
available to both United States citizens and foreign trafficking 
victims, or if the applicant intends to specialize in serving a 
particular victim population, what referral mechanisms or collaborative 
relationships they will undertake to ensure that all victims are 
assisted regardless of alienage. The statement required by this section 
will not be used to make a determination regarding the award of the 
grant.
    (d) Study.--
          (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act, the Attorney General and the 
        Secretary of Health and Human Services shall submit to the 
        appropriate congressional committees a report identifying the 
        existence or extent of any service gap between foreign and 
        United States citizen victims of severe forms of trafficking 
        and victims of sex trafficking, as defined in section 103 of 
        the Trafficking Victims Protection Act of 2000.
          (2) Elements.--In carrying out the study under subparagraph 
        (1), the Attorney General and Secretary of Health and Human 
        Services shall--
                  (A) investigate factors relating to the legal ability 
                of foreign and United States citizen victims of 
                trafficking to access government-funded social services 
                in general, including the application of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal 
                Immigration and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208; 110 Stat. 3009 et 
                seq.);
                  (B) investigate any other impediments to the access 
                of foreign and United States citizen victims of 
                trafficking to government-funded social services in 
                general;
                  (C) investigate any impediments to the access of 
                foreign and United States citizen victims of 
                trafficking to government-funded services targeted to 
                victims of severe forms of trafficking and victims of 
                sex trafficking;
                  (D) investigate the effect of trafficking service-
                provider infrastructure development, continuity of 
                care, and availability of caseworkers on the eventual 
                restoration and rehabilitation of foreign and United 
                States citizen victims of trafficking; and
                  (E) include findings, best practices, and 
                recommendations based on the study of the elements in 
                subparagraphs (A) through (D) and any other related 
                information.

       Subtitle C--Penalties Against Traffickers and Other Crimes

SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED OFFENSES.

    (a) Clarifying Amendment.--Section 1591(a) of title 18, United 
States Code, is amended--
          (1) by striking ``that the person has not attained the age of 
        18 years and'' and inserting ``that the person (being a person 
        who has not attained the age of 18 years)''; and
          (2) by inserting at the end ``In a prosecution under this 
        subsection, the Government need not prove that the defendant 
        knew that the person had not attained the age of 18 years.''.
    (b) Compelled Service.--
          (1) In general.--Section 1592 of title 18, United States 
        Code, is amended to read as follows:

``Sec. 1592. Unlawful compelled service

    ``(a) Generally.--Whoever knowingly, with intent to obtain or 
maintain the labor or services of a person or to obtain or maintain a 
person for use in a commercial sex act (as defined in section 1591)--
          ``(1) destroys, conceals, removes, confiscates, or possesses 
        any actual or purported passport or other immigration document, 
        or any other actual or purported government identification 
        document, of another person to prevent or restrict or to 
        attempt to prevent or restrict, without lawful authority, the 
        persons ability to move or travel;
          ``(2) improperly uses a position of real or apparent 
        governmental authority;
          ``(3) asserts as fact, exposes, or threatens to expose, a 
        matter, whether true or false, tending to subject some person 
        to hatred, contempt or ridicule; or
          ``(4) exposes any person to bankruptcy or other financial 
        harm,
shall be punished as provided in subsection (b).
    ``(b) Punishment.--A violator of subsection (a) shall--
          ``(1) if the offense involved a violation of subsection 
        (a)(1) or (2), or a violation of subsection (a)(3) in which 
        bodily injury, incarceration, or deportation occurred as a 
        result of the blackmail, be fined under this title or 
        imprisoned not more than 5 years, or both;
          ``(2) if the offense involved a violation of subsection 
        (a)(3) not resulting in bodily injury or incarceration, or a 
        violation of subsection (a)(4) in which bankruptcy or financial 
        harm occurred and the loss of at least one person was over ten 
        thousand dollars, be fined under this title or imprisoned not 
        more than 3 years, or both; and
          ``(3) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than one year, or both.
    ``(c) Definition.--For purposes of this paragraph, `financial harm' 
includes the factors set forth in section 892(b) of this title, and 
fees charged for foreign labor contracting activity, as defined in 
section 202(g) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2007, that are not reasonably related 
to services provided to the foreign worker.''.
          (2) Clerical amendment.--The item relating to section 1592 in 
        the table of sections at the beginning of chapter 77 of title 
        18, United States Code, is amended to read as follows:

``1592.Unlawful compelled service.''.

    (c) Restitution of Forfeited Assets.--(1) Section 1593(b) of title 
18, United States Code, is amended by inserting at the end the 
following:
    ``(4) The distribution of proceeds among multiple victims in an 
order of restitution under this section shall govern the distribution 
of forfeited funds through the processes of remission or restoration 
under this section or any other statute that explicitly authorizes 
restoration or remission of forfeited property.''
    (2) Section 1594 of title 18, United States Code, is amended--
          (A) in subsection (b), by striking ``The court,'' and 
        inserting ``Subject to remission or restoration, the court,''; 
        and
          (B) in subsection (c), by adding at the end the following:
    ``(3) The Attorney General shall grant restoration or remission of 
property to victims of an offense under this chapter that result in 
forfeiture under this section or under any other statute that 
explicitly authorizes restoration or remission of forfeited property.
    ``(4) In a prosecution brought under any other provision of Federal 
law, the Attorney General may grant restoration or remission of 
property to victims of severe forms of trafficking as defined in 
section 103 of the Trafficking Victims Protection Act of 2000, in 
accordance with section 1594(b)(4).''.
    (d) Enhancement of Civil Action.--Section 1595 of title 18, United 
States Code, is amended--
          (1) in subsection (a) by--
                  (A) by striking ``of section 1589, 1590, or 1591''; 
                and
                  (B) by inserting ``(or any person who knowingly 
                benefits, financially or by receiving anything of value 
                from participation in a venture which has engaged in an 
                act in violation of this chapter)'' after 
                ``perpetrator''.
          (2) by adding at the end the following:
    ``(c) No action shall be maintained under this section unless it is 
commenced within 10 years after the cause of action arose.''.
    (e) Ending Foreign Labor Contracting Abuses.--
          (1) In general.--Chapter 73 of title 18, United States Code, 
        is amended by adding at the end the following:

``Sec. 1521. Retaliation in foreign labor contracting

    ``(a)(1) Whoever knowingly uses intimidation, threatens, or 
corruptly persuades another person, or attempts to do so, or engages in 
misleading conduct toward another person, with intent to prevent or to 
retaliate against such person for--
          ``(A) the disclosure of information by such person concerning 
        violations with respect to aliens of the provisions of 
        employment-based immigration programs or any other Federal 
        labor or employment law; or
          ``(B) the cooperation of such person in an investigation or 
        other proceeding concerning compliance with respect to aliens 
        with the requirements of employment-based immigration programs 
        or any other Federal labor or employment law,
shall be punished as provided in paragraph (2).
    ``(2) A violator of paragraph (1) shall--
          ``(A) if death results from the violation, or if the 
        violation includes kidnapping or an attempt to kidnap, 
        aggravated sexual abuse, or the attempt to commit aggravated 
        sexual abuse, or an attempt to kill, be fined under this title 
        or imprisoned for any term of years or life, or both;
          ``(B) if the offense resulted in bodily injury, but not 
        death, be fined under this title or imprisoned for not more 
        than 10 years, or both; or
          ``(C) in any other case, be fined under this title or 
        imprisoned not more than 5 years, or both.
    ``(b) An individual who is the victim of an offense under this 
section may, in a civil action, recover damages (including reasonable 
attorneys' fees) for the harm done the victim by that offense. Any 
civil action filed under this section shall be stayed during the 
pendency of any criminal action arising out of the same occurrence in 
which the claimant is the victim.
    ``(c) For the purposes of this section, the term `employment-based 
immigration' means a nonimmigrant visa issued for the purpose of 
employment, student exchange employment, or job training in the United 
States, including those issued under subparagraph (A)(iii), (G)(v), 
(H), (J), (L), (Q), or (R) of section 101(a)(15) of the Immigration and 
Nationality Act.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 73 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``1521. Retaliation in foreign labor contracting.''.

    (f) Transportation Generally.--Section 2422(a) of title 18, United 
States Code, is amended--
          (1) by inserting ``or affecting'' after ``travel in''; and
          (2) by inserting ``in the special maritime and territorial 
        jurisdiction of the United States,'' after ``foreign 
        commerce,''.
    (g) Sex Tourism.--
          (1) Generally.--Chapter 117 of title 18, United States Code, 
        is amended by inserting after section 2423 the following:

``Sec. 2423A. Sex tourism

    ``(a) Travel With Intent To Engage in Illicit Sexual Conduct.--A 
person who travels in interstate commerce or travels into the United 
States, or a United States citizen or an alien admitted for permanent 
residence in the United States who travels in foreign commerce, for the 
purpose of engaging in any illicit sexual conduct with another person 
shall be fined under this title or imprisoned not more than 10 years, 
or both.
    ``(b) Engaging in Illicit Sexual Conduct in Foreign Places.--Any 
United States citizen or alien admitted for permanent residence who 
travels in foreign commerce, and engages in any illicit sexual conduct 
with another person shall be fined under this title or imprisoned not 
more than 10 years, or both.
    ``(c) Arranging Travel and Related Conduct.--Whoever, for the 
purpose of commercial advantage or private financial gain, arranges, 
induces, procures, or facilitates the travel of a person knowing that 
such a person is traveling in interstate commerce or foreign commerce 
for the purpose of engaging in illicit sexual conduct shall be fined 
under this title, imprisoned not more than 10 years, or both.
    ``(d) Increased Penalty for Offenses Involving Children.--If the 
illicit sexual conduct is with a child, the maximum term of 
imprisonment for an offense under this section is 30 years.
    ``(e) Attempt and Conspiracy.--Whoever attempts or conspires to 
violate this section shall be punishable in the same manner as for the 
completed violation.
    ``(f) Definitions.--As used in this section--
          ``(1) the term `illicit sexual conduct' means--
                  ``(A) a sexual act (as defined in section 2246) that 
                would be in violation of chapter 109A if the sexual act 
                occurred in the special maritime and territorial 
                jurisdiction of the United States; or
                  ``(B) any commercial sex act (as defined in section 
                1591); and
          ``(2) the term `child' means a person under 18 years of age.
    ``(g) Defense.--In a prosecution under this section for a violation 
where an element of the offense involves a commercial sex act with a 
child, it is a defense, which the defendant must establish by a 
preponderance of the evidence, that the person engaging in that act 
reasonably believed that the other person was not a child.'';
          (2) Conforming amendment.--Section 2423 of title 18, United 
        States Code, is amended by striking subsections (b) through 
        (g).
          (3) Amendment to table of sections.--The table of sections at 
        the beginning of chapter 117 of title 18, United States Code, 
        is amended by inserting after the item relating to section 2423 
        the following new item:

``2423A. Sex tourism.''.

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

SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES.

    (a) In General.--Chapter 77 of title 18, United States Code, is 
amended by adding at the end the following:

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

    ``(a) In General.--In addition to any domestic or extra-territorial 
jurisdiction otherwise provided by law, the courts of the United States 
have extra-territorial jurisdiction over any offense (or any attempt or 
conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 1591 if--
          ``(1) an alleged offender or victim of the offense is a 
        national of the United States or an alien lawfully admitted for 
        permanent residence (as those terms are defined in section 101 
        of the Immigration and Nationality Act (8 U.S.C. 1101)); or
          ``(2) an alleged offender is present in the United States, 
        irrespective of the nationality of the alleged offender.
    ``(b) Limitation on Prosecutions of Offenses Prosecuted in Other 
Countries.--No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 of title 18, United States Code, is amended by adding at the 
end the following new item:

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

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

    (a) Aliens Entering the United States.--
          (1) In general.--Section 278 of the Immigration and 
        Nationality Act (8 U.S.C. 1328) is amended to read as follows:
                        ``aliens in prostitution
    ``Sec. 278.  (a) Generally.--Whoever, for the purposes of 
prostitution or for any other any sexual activity for which any person 
can be charged with a criminal offense--
          ``(1) knowingly imports or attempts to import any alien; or
          ``(2) knowing or in reckless disregard of the fact that an 
        individual is an alien who lacks lawful authority to come to, 
        enter, or reside in the United States, knowingly holds, keeps, 
        maintains, supports, employs, or harbors the individual in any 
        place in the United States, including any building or any means 
        of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not 
more than 10 years, or both.
    ``(b) Special Evidentiary Rule.--In all prosecutions under this 
section, the testimony of a husband or wife shall be admissible and 
competent evidence against each other.''.
          (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by amending the item 
        relating to section 278 to read as follows:

``Sec. 278. Aliens in prostitution.''.

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

SEC. 224. MODEL STATUTES PROVIDED TO STATES.

    (a) Required Changes to Model Statute.--The Attorney General shall 
ensure that any model antitrafficking statute provided to any State 
shall specifically provide that no provision of such model statute 
shall be construed as derogating from or in any way limiting or 
constraining the operation of State law relating to prostitution and 
individuals involved in securing, exploiting, or otherwise abusing 
prostitutes.
    (b) Publication.--The Attorney General shall ensure that any new 
model statute that is consistent with subsection (a) shall be 
immediately put on the website of the Department of Justice in place of 
the existing statute.
    (c) Additional Model State Statute.--The Department of Justice 
shall draft and post on the website of the Department of Justice a 
model state statute setting forth best legislative practices in the 
area of state and local antiprostitution enforcement for use by States 
of the United States.

         Subtitle D--Activities of the United States Government

SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.

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

SEC. 232. ANNUAL ANTI-TRAFFICKING CONFERENCE.

    Section 201(a)(2)(A)(ii) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (42 U.S.C. 14044(a)(2)(A)(ii)) is amended 
by inserting before the semi-colon at the end the following: ``and the 
use of existing Federal and State criminal laws that do not require 
force, fraud, or coercion as an element of a felony crime to prosecute 
such persons''.

SEC. 233. SENIOR POLICY OPERATING GROUP.

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

SEC. 234. COORDINATORS TO COMBAT HUMAN TRAFFICKING.

    (a) Department of Justice.--
          (1) Establishment.--The Attorney General shall establish 
        within the Office of the Deputy Attorney General a Coordinator 
        to Combat Human Trafficking.
          (2) Duties.--In addition to any other responsibilities that 
        the Attorney General may assign, the Coordinator shall have the 
        following responsibilities:
                  (A) Ensure coordination of policies relating to 
                victims of trafficking among the various offices and 
                components of the Department of Justice, including the 
                Civil Division, the Criminal Division, the Office of 
                Justice Programs, and the Federal Bureau of 
                Investigation.
                  (B) Monitor, review, and make recommendations 
                regarding assistance to victims of trafficking to 
                ensure that assistance policies are consistent with the 
                Department's prosecution strategies and activities.
                  (C) Ensure improved communication and coordination 
                with State and local law enforcement agencies regarding 
                prosecution of offenses relating to victims of 
                trafficking.
                  (D) Represent the Department at inter-agency 
                mechanisms relating to trafficking in persons, 
                including the Senior Policy Operating Group.
                  (E) Serve, in conjunction with the Coordinator to 
                Combat Human Trafficking of the Department of Labor 
                (established pursuant to subsection (b)), as the 
                executive secretariat of the Trafficking in Persons and 
                Worker Exploitation Task Force.
          (3) Staff.--The Attorney General shall ensure that the 
        Coordinator has sufficient staff to carry out the duties 
        described in paragraph (2).
          (4) Authorization of appropriations.--There is authorized to 
        be appropriated such sums as may be necessary to carry out this 
        subsection.
    (b) Department of Labor.--
          (1) Establishment.--The Secretary of Labor shall establish 
        within the Department of Labor a Coordinator to Combat Human 
        Trafficking.
          (2) Duties.--In addition to any other responsibilities that 
        the Secretary of Labor may assign, the Coordinator shall have 
        the following responsibilities:
                  (A) Ensure coordination of policies relating to 
                victims of trafficking, both in the United States and 
                abroad, among the various offices and components of the 
                Department of Labor, including the Office of the 
                Solicitor, the Employment Standards Administration, the 
                Wage and Hour Division, the Bureau of International 
                Labor Affairs, and the Office of Child Labor, Forced 
                Labor, and Human Trafficking.
                  (B) Ensure improved communication and coordination 
                with State labor agencies relating to trafficking in 
                persons.
                  (C) Represent the Department at inter-agency 
                mechanisms relating to trafficking in persons, 
                including the Senior Policy Operating Group.
                  (D) Serve, in conjunction with the Coordinator to 
                Combat Human Trafficking of the Department of Justice 
                (established pursuant to subsection (a)), as the 
                executive secretariat of the Trafficking in Persons and 
                Worker Exploitation Task.
          (3) Staff.--The Secretary of Labor shall ensure that the 
        Coordinator has sufficient staff to carry out the duties 
        described in paragraph (2).
          (4) Authorization of appropriations.--There is authorized to 
        be appropriated such sums as may be necessary to carry out this 
        subsection.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as affecting or derogating from the responsibilities of the 
Senior Policy Operating Group established by section 206 of the 
Trafficking Victims Protection Reauthorization Act of 2005.
    (d) Definition.--In this section, the term ``victim of 
trafficking'' has the meaning given the term in section 103 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS.

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

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

    (a) Findings and Sense of Congress.--
          (1) Findings.--The Congress finds as follows:
                  (A) The United States Government currently estimates 
                that up to 17,500 individuals are trafficked into the 
                United States each year. Of these, some 50 percent are 
                believed to be under the age of 18. Many of these 
                children are victims of sex trafficking and are forced 
                into prostitution and other exploitative activities in 
                the United States.
                  (B) Despite the large number of children trafficked 
                into the United States every year, the Department of 
                Health and Human Services has identified an average of 
                20 children per year as trafficking victims through 
                fiscal year 2006. This disparity between estimated and 
                identified victims demonstrates that much more needs to 
                be done in educating individuals who may be coming into 
                contact with trafficked children.
          (2) Sense of congress.--It is the sense of the Congress that, 
        to the extent consistent with the treaties and other 
        international agreements to which the United States is a party, 
        and to the extent practicable, the United States Government 
        should undertake efforts to protect children from severe forms 
        of trafficking and ensure that it does not repatriate children 
        in Federal custody into settings that would threaten their life 
        or safety.
    (b) Combatting Child Trafficking at the Border and Ports of Entry 
of the United States.--
          (1) Policies and procedures.--In order to enhance the efforts 
        of the United States to prevent trafficking in persons, the 
        Secretary of State, in conjunction with the Secretary of 
        Homeland Security and the Secretary of Health and Human 
        Services, shall develop policies and procedures to ensure that 
        unaccompanied alien children in the United States are safely 
        repatriated to their country of nationality or of last habitual 
        residence.
          (2) Special rules for children from contiguous countries.--
                  (A) Determinations.--Any unaccompanied alien child 
                who is a national or habitual resident of a country 
                that is contiguous with the United States and has an 
                agreement in writing with the United States described 
                in subparagraph (C), shall be treated in accordance 
                with subparagraph (B), if the Secretary of Homeland 
                Security determines, on a case-by-case basis, that--
                          (i) such child has not been a victim of a 
                        severe form of trafficking in persons, and such 
                        child does not have a fear of being trafficked 
                        upon return to the child's country of 
                        nationality or of last habitual residence;
                          (ii) such child does not have a fear of 
                        returning to the child's country of nationality 
                        or of last habitual residence owing to a fear 
                        of persecution;
                          (iii) the return of such child to the child's 
                        country of nationality or of last habitual 
                        residence would not endanger the life or safety 
                        of such child; and
                          (iv) the child is able to make an independent 
                        decision to withdraw the child's application 
                        for admission to the United States.
                  (B) Return.--An immigration officer who finds an 
                unaccompanied alien child described in subparagraph (A) 
                at a land border or port of entry of the United States 
                and determines that such child is inadmissible under 
                the Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.) shall--
                          (i) permit such child to withdraw the child's 
                        application for admission pursuant to section 
                        235(a)(4) of the Immigration and Nationality 
                        Act (8 U.S.C. 1225(a)(4)); and
                          (ii) return such child to the child's country 
                        of nationality or country of last habitual 
                        residence.
                  (C) Contiguous country agreements.--The Secretary of 
                State shall ensure that any agreements entered into 
                between the United States and a country contiguous to 
                the United States with respect to the repatriation of 
                children shall be designed to protect children from 
                severe forms of trafficking in persons. Such agreements 
                shall, at a minimum, provide that--
                          (i) no child shall be returned to the child's 
                        country of nationality or of last habitual 
                        residence unless returned to appropriate 
                        officials or employees of the accepting 
                        country's government;
                          (ii) no child shall be returned to the 
                        child's country of nationality or of last 
                        habitual residence outside of reasonable 
                        business hours; and
                          (iii) border personnel of the countries that 
                        are parties to such agreements are trained in 
                        the terms of such agreements.
          (3) Rule for other children.--The custody of unaccompanied 
        alien children not described in paragraph (2)(A) who are 
        apprehended at the border of the United States or at a United 
        States port of entry shall be treated in accordance with 
        subsection (c).
          (4) Screening.--Within 48 hours of the apprehension of a 
        child who is believed to be described in paragraph (2)(A), but 
        in any event prior to returning such child to the child's 
        country of nationality or of last habitual residence, the child 
        shall be screened to determine whether the child meets the 
        criteria listed in paragraph (2)(A). If the child does not meet 
        such criteria, or if no determination can be made within 48 
        hours of apprehension, the child shall immediately be 
        transferred to the Secretary of Health and Human Services and 
        treated in accordance with subsection (c).
          (5) Ensuring the safe repatriation of children.--
                  (A) Repatriation pilot program.--To protect children 
                from trafficking and exploitation, the Secretary of 
                State shall create a pilot program, in conjunction with 
                non-governmental organizations and other national and 
                international agencies and experts, to develop and 
                implement best practices to ensure the safe and secure 
                repatriation and reintegration of unaccompanied alien 
                children into their country of nationality or of last 
                habitual residence, including placement with their 
                families or other sponsoring agencies.
                  (B) Assessment of country conditions.--The Secretary 
                of Homeland Security shall consult the State 
                Department's Country Reports on Human Rights Practices 
                and the Trafficking in Persons Report in assessing 
                whether to repatriate an unaccompanied alien child to a 
                particular country. Such assessment shall consider 
                whether there is reasonable risk that repatriation of 
                an unaccompanied alien child would threaten the life or 
                safety of the child.
                  (C) Report on repatriation of unaccompanied alien 
                children.--Not later than 18 months after the date of 
                the enactment of this Act, and annually thereafter, the 
                Secretary of Homeland Security, in conjunction with the 
                Secretary of State and Secretary of Health and Human 
                Services, shall submit a report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on efforts to 
                repatriate unaccompanied alien children. Such report 
                shall include--
                          (i) the number of unaccompanied alien 
                        children ordered removed and the number of such 
                        children actually removed from the United 
                        States;
                          (ii) a statement of the nationalities, ages, 
                        and gender of such children;
                          (iii) a description of the policies and 
                        procedures used to effect the removal of such 
                        children from the United States and the steps 
                        taken to ensure that such children were safely 
                        and humanely repatriated to their country of 
                        nationality or of last habitual residence, 
                        including a description of the repatriation 
                        pilot program created pursuant to subparagraph 
                        (A);
                          (iv) a description of the type of immigration 
                        relief sought and denied to such children;
                          (v) any information gathered in assessments 
                        of country and local conditions pursuant to 
                        paragraph (2); and
                          (vi) statistical information and other data 
                        on unaccompanied alien children as provided for 
                        in section 462(b)(1)(J) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 279(b)(1)(J)).
                  (D) Placement in removal proceedings.--Any 
                unaccompanied alien child sought to be removed by the 
                Department of Homeland Security, except for an 
                unaccompanied alien child from a contiguous country 
                subject to exceptions under subsection (b)(2), shall be 
                placed in removal proceedings under section 240 of the 
                Immigration and Nationality Act (8 U.S.C. 1229a).
    (c) Combatting Child Trafficking and Exploitation in the United 
States.--
          (1) Care and custody of unaccompanied alien children.--
                  (A) In general.--Except as otherwise provided under 
                subparagraphs (B) and (C) and subsection (b), the care 
                and custody of all unaccompanied alien children, 
                including responsibility for their detention, where 
                appropriate, shall be the responsibility of the 
                Secretary of Health and Human Services.
                  (B) Exception for children who have committed 
                crimes.--Notwithstanding subparagraph (A), the Attorney 
                General shall retain or assume the custody and care of 
                any unaccompanied alien child who is pending 
                prosecution for a Federal crime or serving a sentence 
                pursuant to a conviction for a Federal crime.
                  (C) Exception for children who threaten national 
                security.--Notwithstanding subparagraph (A), the 
                Secretary of Homeland Security shall retain or assume 
                the custody and care of an unaccompanied alien child if 
                the Secretary of Homeland Security has substantial 
                evidence, based on an individualized determination, 
                that such child could personally endanger the national 
                security of the United States.
          (2) Notification.--Each department or agency of the Federal 
        Government shall notify the Department of Health and Human 
        services within 48 hours upon--
                  (A) the apprehension or discovery of an unaccompanied 
                alien child; or
                  (B) any claim or suspicion that an alien in the 
                custody of such department or agency is under 18 years 
                of age.
          (3) Transfers of unaccompanied alien children.--Any 
        department or agency of the Federal Government that has an 
        unaccompanied alien child in its custody shall transfer the 
        custody of such child to the Secretary of Health and Human 
        Services within 72 hours--
                  (A) upon a determination that such child is an 
                unaccompanied alien child, if the child is not 
                described in subparagraph (B) or (C) of paragraph (1); 
                or
                  (B) if the custody and care of the child has been 
                retained or assumed by the Attorney General under 
                paragraph (1)(B) or by the Secretary of Homeland 
                Security under paragraph (1)(C), upon a determination 
                that the child no longer meets the description set 
                forth in such subparagraphs.
          (4) Age determinations.--
                  (A) In general.--The Secretary of Health and Human 
                Services shall make an age determination for an alien 
                described in paragraph (2)(B) and take whatever other 
                steps are necessary to determine whether such alien is 
                eligible for treatment under this section or section 
                462 of the Homeland Security Act of 2002 (6 U.S.C. 
                279).
                  (B) Procedures.--The Secretary of Health and Human 
                Services, in consultation with the Secretary of 
                Homeland Security, shall develop procedures to make a 
                prompt determination of the age of an alien, which 
                shall be used by the Secretary of Homeland Security and 
                the Secretary of Health and Human Services for children 
                in their respective custody. At a minimum, these 
                procedures shall permit the presentation of multiple 
                forms of evidence, including the non-exclusive use of 
                radiographs, to determine the age of the unaccompanied 
                alien.
    (d) Providing Safe and Secure Placements for Children.--
          (1) Policies and programs.--The Secretary of Health and Human 
        Services, Secretary of Homeland Security, Attorney General, and 
        Secretary of State shall establish policies and programs to 
        ensure that unaccompanied alien children in the United States 
        are protected from traffickers and other persons seeking to 
        victimize or otherwise engage such children in criminal, 
        harmful, or exploitative activity, including policies and 
        programs reflecting best practices in witness security 
        programs.
          (2) Safe and secure placements.--Subject to section 462(b)(2) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)), an 
        unaccompanied alien child in the custody of the Secretary of 
        Health and Human Services shall be promptly placed in the least 
        restrictive setting that is in the best interest of the child. 
        Placement of child trafficking victims may include placement 
        with competent adult victims of the same trafficking scheme in 
        order to ensure continuity of care and support. A child shall 
        not be placed in a secure facility absent an independent 
        finding that the child poses a danger to self or others.
          (3) Safety and suitability assessments.--
                  (A) In general.--Subject to the requirements of 
                subparagraph (B), an unaccompanied alien child may not 
                be placed with a person or entity unless the Secretary 
                of Health and Human Services makes a determination that 
                the proposed custodian is capable of providing for the 
                child's physical and mental well-being. Such 
                determination shall, at a minimum, include verification 
                of the custodian's identity and relationship to the 
                child, if any, as well as an independent finding that 
                the individual has not engaged in any activity that 
                would indicate a potential risk to the child.
                  (B) Home studies.--Before placing the child with an 
                individual, the Secretary of Health and Human Services 
                shall determine whether a home study is first 
                necessary. A home study shall be conducted for a child 
                who is a victim of a severe form of trafficking in 
                persons, a special needs child with a disability (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102(2))), or a child who has 
                been a victim of physical or sexual abuse under 
                circumstances that indicate that the child's health or 
                welfare has been significantly harmed or threatened. 
                The Secretary of Health and Human Services shall 
                conduct follow-up services, during the pendency of 
                removal proceedings, on children and custodians for 
                whom a home study was conducted.
                  (C) Database access.--In conducting suitability 
                assessments, the Secretary of Health and Human Services 
                shall have access to all relevant information in the 
                appropriate Federal, State, and local law enforcement 
                and immigration databases.
          (4) Legal orientation presentations.--The Secretary of Health 
        and Human Services shall ensure that custodians receive legal 
        orientation presentations provided through the Legal 
        Orientation Program administered by the Executive Office for 
        Immigration Review. At a minimum, such presentations shall 
        address the custodian's responsibility to ensure the child's 
        appearance at all immigration proceedings and to protect the 
        child from mistreatment, exploitation, and trafficking.
          (5) Access to counsel.--The Secretary of Health and Human 
        Services shall ensure, to the greatest extent practicable, that 
        all unaccompanied alien children who are or have been in the 
        custody of the Secretary or the Secretary of Homeland Security, 
        and who are not described in subsection (b)(2)(A), have 
        competent counsel to represent them in legal proceedings or 
        matters and protect them from mistreatment, exploitation, and 
        trafficking. To the greatest extent practicable, the Secretary 
        of Health and Human Services shall make every effort to utilize 
        the services of competent pro bono counsel who agree to provide 
        representation to such children without charge.
          (6) Guardians ad litem.--The Secretary of Health and Human 
        Services shall implement a program to appoint independent 
        guardians ad litem for child trafficking victims and other 
        vulnerable unaccompanied alien children. A guardian ad litem 
        shall be provided access to materials necessary to effectively 
        advocate for the best interest of the child. The guardian ad 
        litem shall not be compelled to testify or provide evidence in 
        any proceeding concerning any information or opinion received 
        from the child in the course of serving as a guardian ad litem. 
        The guardian ad litem shall be presumed to be acting in good 
        faith and be immune from civil and criminal liability for 
        lawful conduct of duties as described in this provision.
          (7) Confidentiality.--The Secretary of Health and Human 
        Services shall maintain the privacy and confidentiality of all 
        information gathered in the course of the care, custody, and 
        placement of unaccompanied alien children, consistent with its 
        role and responsibilities under the Homeland Security Act of 
        2002 to act as guardian in loco parentis in the best interest 
        of the unaccompanied alien child, by not disclosing such 
        information to other government agencies or nonparental third 
        parties. The Secretary may provide information to a duly 
        recognized law enforcement entity in connection with a 
        prosecution or investigation of an offense described in 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), when such information is 
        requested in writing by such entity.
    (e) Permanent Protection for Certain At-Risk Children.--
          (1) In general.--Section 101(a)(27)(J) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
                  (A) in clause (i), by striking ``State and who has 
                been deemed eligible by that court for long-term foster 
                care due to abuse, neglect, or abandonment;'' and 
                inserting ``State, or an individual or entity appointed 
                by a State or juvenile court located in the United 
                States, and whose reunification with one or both of the 
                immigrant's parents is not viable due to abuse, 
                neglect, abandonment, or a similar basis found under 
                State law;'';
                  (B) in clause (iii), in the matter preceding 
                subclause (I), by striking ``the Attorney General 
                expressly consents to the dependency order serving as a 
                precondition to the grant of special immigrant juvenile 
                status;'' and inserting ``the Secretary of Homeland 
                Security consents to the grant of special immigrant 
                juvenile status,''; and
                  (C) in clause (iii)(I), by striking ``in the actual 
                or constructive custody of the Attorney General unless 
                the Attorney General specifically consents to such 
                jurisdiction;'' and inserting ``in the custody of the 
                Secretary of Health and Human Services unless the 
                Secretary of Health and Human Services specifically 
                consents to such jurisdiction;''.
          (2) Expeditious adjudication.--All applications for special 
        immigrant status under section 101(a)(27)(J) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be 
        adjudicated by the Secretary of Homeland Security not later 
        than 180 days after the date of filing the application.
          (3) Adjustment of status.--Section 245(h)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
        amended to read as follows:
                  ``(A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), 
                (7)(A), 9(B), and 9(C)(i)(I) of section 212(a) shall 
                not apply; and''.
          (4) Eligibility for assistance.--
                  (A) In general.--A child who has been granted special 
                immigrant status under section 101(a)(27)(J) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)) and who was either in the custody of 
                the Secretary of Health and Human Services at the time 
                a dependency order was granted for such child or who 
                was receiving services pursuant to section 501(a) of 
                the Refugee Education Assistance Act of 1980 (8 U.S.C. 
                1522 note) at the time such dependency order was 
                granted, shall be eligible for placement and services 
                under section 412(d) of the Immigration and Nationality 
                Act (8 U.S.C. 1522(d)) until the earlier of--
                          (i) the date on which the child reaches the 
                        age designated in section 412(d)(2)(B) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1522(d)(2)(B)); or
                          (ii) the date on which the child is placed in 
                        a permanent adoptive home.
                  (B) State reimbursement.--If State foster care funds 
                are expended on behalf of a child who is not described 
                in subparagraph (A) and has been granted special 
                immigrant status under section 101(a)(27)(J) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)(J)), the Federal Government shall reimburse 
                the State in which the child resides for such 
                expenditures by the State.
          (5) State courts acting in loco parentis.--A department or 
        agency of a State, or an individual or entity appointed by a 
        State court or juvenile court located in the United States, 
        acting in loco parentis, shall not be considered a legal 
        guardian for purposes of this section or section 462 of the 
        Homeland Security Act of 2002 (6 U.S.C. 279).
          (6) Transition rule.--Notwithstanding any other provision of 
        law, an alien described in section 101(a)(27)(J) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
        amended by paragraph (1), may not be denied special immigrant 
        status under such section after the date of the enactment of 
        this Act based on age if the alien was a child on the date on 
        which the alien applied for such status.
          (7) Access to asylum protections.--Section 208 of the 
        Immigration and Nationality Act (8 U.S.C. 1158) is amended--
                  (A) in subsection (a)(2), by adding at the end the 
                following:
                  ``(E) Applicability.--Subparagraphs (A) and (B) shall 
                not apply to an unaccompanied alien child (as defined 
                in section 462(g) of the Homeland Security Act of 2002 
                (6 U.S.C. 279(g))).''; and
                  (B) in subsection (b)(3), by adding at the end the 
                following:
                  ``(C) Initial jurisdiction.--An asylum officer (as 
                defined in section 235(b)(1)(E)) shall have initial 
                jurisdiction over any asylum application filed by an 
                unaccompanied alien child (as defined in section 462(g) 
                of the Homeland Security Act of 2002 (6 U.S.C. 
                279(g))), regardless of whether filed in accordance 
                with this section or section 235(b).''.
          (8) Specialized needs of children.--Applications for asylum 
        and other forms of relief from removal in which a child is the 
        principal applicant shall be governed by regulations which take 
        into account the specialized needs of children and which 
        address both procedural and substantive aspects of handling 
        children's cases.
    (f) Training.--The Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services and the Attorney 
General shall provide specialized training to all Federal personnel who 
come into contact with unaccompanied alien children. Such personnel 
shall be trained to work with unaccompanied alien children, including 
identifying children who are a victim of a severe form of trafficking 
in persons, and children for whom asylum or special immigrant relief 
may be appropriate, including children described in subsection (b)(2).
    (g) Amendments to the Homeland Security Act of 2002.--
          (1) Additional responsibilities.--Section 462(b)(1)(L) of the 
        Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(L)) is 
        amended by striking the period at the end and inserting ``, 
        including regular follow-up visits to such facilities, 
        placements, and other entities, to assess the continued 
        suitability of such placements.''.
          (2) Technical corrections.--Section 462(b) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(b)) is amended--
                  (A) in paragraph (3), by striking ``paragraph 
                (1)(G),'' and inserting ``paragraph (1),''; and
                  (B) by adding at the end the following:
          ``(4) Rule of construction.--Nothing in paragraph (2)(B) may 
        be construed to require that a bond be posted for an 
        unaccompanied alien child who is released to a qualified 
        sponsor.''.
    (h) Definition of Unaccompanied Alien Child.--
          (1) In general.--For purposes of this section, the term 
        ``unaccompanied alien child'' has the meaning given such term 
        in section 462(g) of the Homeland Security Act of 2002 (6 
        U.S.C. 279(g)).
          (2) Clarification of definition.--For the purposes of section 
        462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(g)(2)) and this section, a parent or legal guardian shall 
        not be considered to be available to provide care and physical 
        custody of an alien child unless such parent is in the physical 
        presence of, and able to exercise parental responsibilities 
        over, such child at the time of such child's apprehension and 
        during the child's detention.
    (i) Effective Date.--This section shall take effect on the date 
that is 90 days after the date of the enactment of this Act.
    (j) Applicability.--This section shall apply to all aliens in the 
United States before, on, or after the date of the enactment of this 
Act.
    (k) Grants and Contracts.--The Secretary of Health and Human 
Services may award grants to, and enter into contracts with, voluntary 
agencies to carry out this section and section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279).

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.

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

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

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

SEC. 303. RULE OF CONSTRUCTION.

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

SEC. 304. TECHNICAL AMENDMENTS.

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

           TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

SEC. 401. SHORT TITLE.

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

SEC. 402. DEFINITIONS.

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

SEC. 403. FINDINGS.

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

SEC. 404. SENSE OF CONGRESS.

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

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

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

SEC. 406. REPORTS.

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

SEC. 407. TRAINING FOR FOREIGN SERVICE OFFICERS.

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

    Amend the title so as to read:

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

                                Summary

    H.R. 3887, the ``William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2007,'' reauthorizes existing 
U.S. programs to combat human trafficking and establishes new 
requirements and programs regarding trafficking into both 
sexual exploitation and forced labor. Among a wide range of 
initiatives, H.R. 3887 establishes new programs to prevent 
trafficking from occurring in foreign countries where 
trafficking begins, widens U.S. assistance programs to U.S. 
citizens, and provides additional protections for trafficking 
survivors who are threatened by trafficking perpetrators, and 
for children who are at risk of being repatriated into the 
hands of traffickers or abusers. H.R. 3887 also creates new or 
enhances existing criminal penalties against trafficking 
perpetrators, including strengthening crimes relating to sex 
tourism and unscrupulous labor recruiters. Unlike previous 
reauthorizations, this reauthorization is for four years, from 
fiscal years 2008 to 2011, recognizing that U.S. anti-
trafficking programs have become more established.

               Background and Purpose for the Legislation

    Trafficking in Persons represents an emerging and dangerous 
abuse of the increasingly interconnected nature of the 
international economic system. In this sense, it has often been 
referred to as the ``dark side of globalization.'' The 
International Labor Organization has estimated that as many as 
12.3 million individuals are trafficked annually, with 40 
percent being trafficked into sexual exploitation and a third 
into forced labor. Each year, up to two million of those 
victims cross international borders. These individuals are 
caught up in schemes of organized crime. Transnational 
criminals have increasingly become involved in trafficking, 
which may be the third most lucrative crime after the trade in 
illegal narcotics and the illegal sale of weapons. Trafficking 
has been estimated to yield $12 to $17 billion each year, 
giving traffickers increasing resources to avoid punishment.
    These vast numbers obscure the human tragedy inherent in 
human trafficking. Women and girls are sold into sexual 
slavery, with personal testimonials suggesting that they are 
forced to commit commercial sex acts day after day for little 
or no pay, and are subject to coercion and violence. 
Individuals are forced to work in agriculture, domestic 
servitude, sweatshops and restaurants and hotels, often for no 
pay or in debt bondage that eliminates any hope of freedom. 
Passports are seized, threats of injury or retaliation against 
victims are made, and violence is perpetrated. Trafficking in 
persons is not just a transnational problem but also a human 
calamity.
    The Committee has taken an intense interest in combating 
this developing horror and has repeatedly acted to combat it. 
The Trafficking Victims Protection Act (TVPA), P.L. 106-386, 
was enacted in October 2000 to combat trafficking in persons, 
ensure the prosecution of traffickers, and protect the victims 
of trafficking. The TVPA was amended and funding was 
reauthorized in the Foreign Relations Authorization Act, Fiscal 
Year 2003 (P.L. 107-228). The TVPA was further amended and 
funding reauthorized for fiscal years 2004 and 2005 through the 
Trafficking Victims Protection Reauthorization Act of 2003 
(P.L. 108-193). The TVPA was again reauthorized in 2006 with 
the enactment of the Trafficking Victims Protection Act of 2005 
(P.L. 109-164). A variety of other statutes have updated the 
TVPA, including the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162) and 
the Adam Walsh Child Protection and Safety Act of 2006 (Public 
Law 109-248). The TVPA and its progeny also give modern meaning 
to the Constitution's prohibition against involuntary servitude 
and comport with the customary and treaty law prohibition on 
slavery and involuntary servitude. Most recently, this and 
related issues were addressed by the Protocol to Prevent, 
Suppress and Punish Trafficking in Persons, Especially Women 
and Children, Supplementing the United Nations Convention 
Against Transnational Organized Crime, to which the United 
States is a party.
    On October 18, 2007, the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2007 was introduced. 
Recognizing the immense contributions of British 
Parliamentarian William Wilberforce to the abolition of the 
global slave trade in the 19th Century, H.R. 3887 was 
introduced by Chairman Lantos and had as its original 
cosponsors Mr. Smith of New Jersey, Mr. Conyers, Mr. Wolf, Mr. 
George Miller of California, Ms. Ros-Lehtinen, Ms. Lofgren, Mr. 
Pitts, Ms. Maloney of New York, Ms. Drake, Mr. Nadler, and Mr. 
Hastings of Florida. As with past legislative efforts, the 
legislation creates new anti-trafficking initiatives and 
directly confronts the issue of trafficking for sexual 
exploitation. H.R. 3887 also contains significant enhancements 
to combat labor slavery. Just as we are asking foreign 
countries to increase their labor protections of foreign 
workers and establish agreements relating to export of 
laborers, this bill also contains domestic measures to prevent 
unscrupulous labor recruiters from exploiting foreign workers 
here in the United States and give continuing effect to the 
content and aspirations of the 13th Amendment to the 
Constitution.
    Some of the key international initiatives in the 
legislation include:

         LRequiring a comprehensive analysis of 
        trafficking data to help us better understand where 
        victims are actually going and how to free them.
         LProviding more help for countries to inspect 
        locations where slavery or slave-like conditions occur, 
        to register vulnerable populations and to provide more 
        protection to foreign workers.
         LEnsuring that U.S. assistance programs are 
        transparent and effective.
         LUrging the Administration to work with our 
        friends to reach agreements between labor exporters and 
        labor importers so that vulnerable workers have more, 
        rather than less protection.
         LAddressing the issue of child soldiers.

    Key provisions relating to combating trafficking in the 
United States include:

         LProtecting victims from retaliation by the 
        criminals who trafficked them.
         LExpanding and revising U.S. criminal 
        violations, including creating crimes against sex tour 
        operators and facilitating extraterritorial 
        prosecutions against international trafficking 
        criminals.
         LEnsuring assistance to U.S. victims of 
        trafficking in persons.
         LPreventing the trafficking of unaccompanied 
        alien children found in the United States by ensuring 
        that they are not repatriated into the hands of 
        traffickers or abusive families, and are well cared 
        for.

                                Hearings

    The Committee on Foreign Affairs held a Full Committee 
Hearing on ``International Trafficking in Persons: Taking 
Action to Eliminate Modern Day Slavery'' on October 18, 2007.

                        Committee Consideration

    The Committee marked up H.R. 3887 on October 23, 2007, and 
reported it favorably to the House, as amended, by voice vote, 
a quorum being present.

                         Votes of the Committee

    There were no recorded votes on H.R. 3887.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 1, 2007.
Hon. Tom Lantos,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3887, the William 
Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte.
            Sincerely,
                                           Peter R. Orszag.
Enclosure.

H.R. 3887--William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2007

                                SUMMARY

    H.R. 3887 would reauthorize several programs within the 
Departments of State, Labor, Justice, and Health and Human 
Services, and other agencies that combat trafficking in 
persons. The bill would specifically authorize the 
appropriation of $207 million in 2008 and $872 million over the 
2008-2011 period. In addition, CBO estimates that the bill 
would increase the responsibilities of the Department of Labor 
(DOL) with respect to foreign labor contractors and spending by 
the Department of Health and Human Services (HHS) on medical 
and foster care for certain unaccompanied alien children. In 
total, CBO estimates that implementing the bill would increase 
discretionary costs by about $825 million over the 2008-2012 
period, assuming appropriation of the specified and estimated 
amounts.
    In addition, CBO estimates H.R. 3887 would increase direct 
spending by $1 million in 2008, $20 million over the 2008-2012 
period, and $61 million over the 2008-2017 period, primarily by 
expanding eligibility for certain public assistance programs. 
Finally, the bill would increase collections of certain fines 
(recorded as revenues), but CBO estimates those effects would 
not be significant.
    Section 4 of Unfunded Mandates Reform Act (UMRA) excludes 
from the application of that act any legislative provisions 
that enforce the constitutional rights of individuals. CBO has 
determined that section 236(d)(5) addresses the due process 
rights of aliens in certain legal proceedings and thus would 
fall within that exclusion. Therefore, CBO has not reviewed 
that section of the bill for intergovernmental and private-
sector mandates.
    Other provisions of H.R. 3887 contain intergovernmental 
mandates as defined in UMRA, but CBO estimates that the annual 
cost of those mandates would not exceed the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation).
    H.R. 3887 also would impose private-sector mandates, as 
defined in UMRA, on foreign labor contractors and employers who 
use such contractors. (Foreign labor contractors include 
persons who recruit, solicit, or hire foreign workers living 
outside the United States for employment in the United States.) 
The bill would require foreign labor contractors to obtain a 
certificate of registration from DOL before engaging in 
contracting activities and to disclose certain information in 
writing about employment opportunities. In addition, the bill 
would require employers who use foreign labor contractors to 
use only those that have registered with DOL. Based on 
information from DOL, CBO estimates the aggregate direct cost 
to comply with those mandates would not exceed the annual 
threshold for private-sector mandates established in UMRA ($131 
million in 2007, adjusted annually for inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3887 is shown in 
Table 1. The costs of this legislation fall within budget 
functions 150 (international affairs), 500 (education, 
training, employment, and social services), 550 (health), 600 
(income security), and 750 (administration of justice).

                              TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 3887\1\
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................      220      230      241      252       21
Estimated Outlays..................................................       88      159      197      224      155

                                          CHANGES IN DIRECT SPENDING\2\

Estimated Budget Authority.........................................        1        4        4        5        6
Estimated Outlays..................................................        1        4        4        5        6
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals in text because of rounding.
\1\In addition to effects on spending subject to appropriation and direct spending, CBO estimates enacting H.R.
  3887 would have an insignificant effect on revenues.
\2\In addition to the direct spending effects shown here, enacting H.R. 3887 would have additional effects on
  direct spending after 2012 (see Table 3). The bill would increase direct spending by $20 million over the 2008-
  2012 period and by $61 million over the 2008-2017 period, CBO estimates.

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that H.R. 3887 will be 
enacted before the end of calendar year 2007, that the 
specified and estimated authorization amounts will be 
appropriated near the start of each fiscal year, and that 
outlays will follow historical spending patterns for existing 
and similar programs.
Spending Subject to Appropriation
    H.R. 3887 would specifically authorize the appropriation of 
$207 million in 2008 and $872 million over the 2008-2011 
period. CBO estimates that new responsibilities and reports 
contained in the bill would require additional appropriations 
of $13 million in 2008 and $91 million over the 2008-2012 
period. In total, CBO estimates that implementing this 
legislation would cost about $825 million over the 2008-2012 
period, assuming appropriation of the specified and estimated 
amounts (see Table 2).
    Department of Justice. As detailed below, H.R. 3887 would 
authorize the appropriation of $83 million in 2008 and $355 
million over the 2008-2012 period for Department of Justice 
(DOJ) programs to combat trafficking in persons. CBO estimates 
that implementing those provisions would cost $309 million over 
the 2008-2012 period, assuming appropriation of the specified 
amounts.

         LSection 214 would authorize the appropriation 
        of $33 million over the 2008-2011 period for DOJ to 
        make grants to state, local, and tribal governments and 
        nonprofit organizations for programs to assist victims 
        of human trafficking.
         LSection 301 would authorize the appropriation 
        of $16 million for each of fiscal years 2008-2011 for 
        DOJ to make grants to state, local, and tribal 
        governments and nonprofit organizations for other 
        programs to serve victims of trafficking.
         LSection 301 would authorize the appropriation 
        of $15 million for each of fiscal years 2008-2011 for 
        the Federal Bureau of Investigation to investigate 
        severe forms of trafficking in persons.

                    TABLE 2.--COMPONENTS OF SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3887
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\

Department of Justice:
    Authorization Level............................................       83       86       91       96        0
    Estimated Outlays..............................................       42       63       73       83       48

Overseas Assistance:
    Estimated Authorization Level..................................       64       64       64       64        *
    Estimated Outlays..............................................        8       33       48       56       50

Department of Health and Human Services:
    Estimated Authorization Level..................................       41       48       55       61       12
    Estimated Outlays..............................................       16       37       48       56       43

Department of Labor:
    Estimated Authorization Level..................................       24       24       24       24        8
    Estimated Outlays..............................................       16       19       21       22       12

Department of State:
    Estimated Authorization Level..................................        7        7        7        7        0
      Estimated Outlays............................................        5        6        6        6        1

Other Provisions:
    Estimated Authorization Level..................................        1        1        1        1        1
    Estimated Outlays..............................................        1        1        1        1        1

Total Changes:
    Estimated Authorization Level..................................      220      230      241      252       21
    Estimated Outlays..............................................       88      159      197      224      155
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
\1\Five-year costs in text and totals in the table differ slightly from a summation of the annual costs shown
  here because of rounding.

         LSection 301 would authorize the appropriation 
        of $18 million for each of fiscal years 2008-2011 for 
        Immigration and Customs Enforcement to investigate 
        severe forms of trafficking in persons.
         LSection 302 would authorize the appropriation 
        of $25 million for each of fiscal years 2008-2011 for 
        DOJ to make grants to state, local, and tribal 
        governments for programs to combat trafficking in 
        persons.
         LSection 302 also would authorize the 
        appropriation of $7 million for each of fiscal years 
        2008-2011 for DOJ programs to reduce trafficking in 
        persons in the United States.

    Overseas Assistance. Section 301 would authorize the 
appropriation of $31 million a year over the 2008-2011 period 
to the Secretary of State and $31 million a year to the 
President in those same years for programs to prevent 
trafficking in persons, to protect victims of trafficking, for 
research on domestic and international trafficking in persons, 
to prevent refugees and internally displaced persons from being 
exploited by traffickers, and to assist foreign states in 
eliminating trafficking in persons. In addition, the U.S. 
Agency for International Development (USAID) would be required 
to make annual reports to the Congress on human rights 
practices; CBO estimates this requirement would cost less than 
$500,000 each year, assuming availability of appropriated 
funds. Section 302 would authorize the appropriation of $3 
million a year for 2008 through 2011 to USAID to continue a 
pilot program that establishes residential treatment facilities 
in foreign countries to treat victims of trafficking. CBO 
estimates that implementing those provisions would cost $8 
million in 2008 and $195 million over the 2008-2012 period, 
assuming appropriation of the necessary amounts.
    Department of Health and Human Services. As detailed below, 
H.R. 3887 would specifically authorize the appropriation of $38 
million in 2008 and $173 million over the 2008-2012 period for 
HHS programs. Furthermore, CBO estimates that one provision 
would require additional appropriations of $44 million over the 
2008-2012 period. CBO estimates that implementing those 
provisions would cost $16 million in 2008 and $200 million over 
the 2008-2012 period, assuming appropriation of the necessary 
amounts.

         LSection 214 would authorize the appropriation 
        of $33 million over the 2008-2011 period for HHS to 
        make grants to state, local, and tribal governments and 
        nonprofit organizations for programs to assist victims 
        of human trafficking.
         LSection 301 would authorize the appropriation 
        of $15 million for each of fiscal years 2008-2011 for 
        HHS to provide assistance to trafficking victims in the 
        United States, including those who would gain 
        eligibility as a result of changes made in Title II.
         LSection 302 also would authorize the 
        appropriation of $15 million annually over the 2008-
        2011 period for HHS to make grants to victims' services 
        organizations.
         LSection 302 would authorize the appropriation 
        of $5 million annually over the 2008-2011 period for 
        HHS to establish residential treatment facilities for 
        juveniles subjected to trafficking.

    Section 236 would change current law regarding the 
repatriation of unaccompanied alien children in the United 
States and would authorize HHS to provide individuals who have 
special status as juvenile immigrants with both foster care and 
medical care. Based on information from HHS and the Department 
of Homeland Security (DHS), CBO estimates that, in 2008, the 
requirement to provide foster care payments would affect about 
400 children and the requirement to provide medical care would 
affect about 500 children, with the estimated number of 
children doubling by 2017. Using information from HHS and the 
Centers for Medicare and Medicaid Services, CBO estimates the 
average monthly foster care payment would be $1,300 and the 
average annual medical costs would be about $2,600 in 2008. 
Adjusting for inflation and a slight lag in implementing the 
provision in 2008, CBO estimates that implementing those 
provisions would cost $3 million in 2008 and $43 million over 
the 2008-2012 period, assuming appropriation of the necessary 
amounts.
    Department of Labor. CBO estimates that, in total, H.R. 
3887 would increase spending for DOL by $16 million in 2008 and 
$90 million over the 2008-2012 period, assuming appropriation 
of the necessary amounts.
    The bill would authorize appropriations of $15 million for 
each of fiscal years 2008-2011 for DOL to provide benefits and 
services to victims of severe forms of trafficking of persons 
in the United States and $1 million annually over the same time 
period to fund activities at the Bureau of International Labor 
Affairs to combat forced labor and child labor. CBO estimates 
that implementing those provisions would cost $58 million over 
the 2008-2012 period, assuming appropriation of the authorized 
amounts.
    Section 202 would require DOL to establish an electronic 
process for registering foreign labor contractors, and would 
require the department to investigate and dispose of complaints 
related to any foreign labor contractor's failure to comply 
with the act. DOL currently performs such duties for farm labor 
contractors under the Migrant and Seasonal Farmworkers Act. 
Based on the current costs of those activities, CBO estimates 
that DOL would require additional discretionary resources of $8 
million a year. CBO estimates that implementing this provision 
would cost $5 million in 2008 and $32 million over the 2008-
2012 period, assuming appropriation of the estimated amounts.
    Department of State. Section 301 would authorize the 
appropriation of $7 million for each of fiscal years 2008-2011 
for operating expenses of the Interagency Task Force, which 
coordinates the implementation of the Trafficking Victims 
Protection Act, and the department's Office to Combat and 
Monitor Trafficking. CBO estimates that implementing those 
provisions would cost $5 million in 2008 and $24 million over 
the 2008-2012 period, assuming appropriation of the authorized 
amounts. In addition, the bill would establish a new rewards 
program to recognize individuals or organizations for their 
extraordinary efforts in fighting trafficking in people. Based 
on information from the department about a comparable program, 
CBO estimates this provision would cost about $250,000 a year, 
assuming availability of appropriated funds.
    Other Provisions. Section 405 would prohibit funds from 
being used to carry out military programs with governments that 
the Secretary of State determines use child soldiers. Such 
programs include educating and training soldiers from other 
nations and financing the procurement of weapons for other 
countries. The President would be able to waive the prohibition 
if it were in the interest of the United States to do so. CBO 
has no basis for projecting how this provision would be 
implemented by the Administration, and therefore cannot 
estimate its effect on federal spending.
    CBO estimates that several other provisions in H.R. 3887, 
when combined, would cost $1 million annually over the 2008-
2012 period, assuming availability of appropriated funds. Some 
of those provisions would impose new or expanded reporting 
requirements, require a new information pamphlet on legal 
rights and resources for certain visa applicants, and create 
new positions at the DOJ and DOL to better coordinate anti-
trafficking programs.
Direct Spending and Revenues
    CBO estimates that H.R. 3887 would increase direct spending 
by $1 million in 2008, $20 million over the 2008-2012 period, 
and $61 million over the 2008-2017 period, primarily by 
expanding eligibility for certain entitlement programs. The 
bill also would increase collections of certain fines 
(revenues), but CBO estimates that those effects would not be 
significant (see Table 3).

                                                 TABLE 3.--COMPONENTS OF DIRECT SPENDING UNDER H.R. 3887
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in millions of dollars--
                                                 -------------------------------------------------------------------------------------------------------
                                                   2008    2009    2010    2011    2012    2013    2014    2015    2016    2017   2008-2012   2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Foster Care:
    Estimated Budget Authority..................       1       3       3       4       4       5       5       6       6       7         15          44
    Estimated Outlays...........................       1       3       3       4       4       5       5       6       6       7         15          44

Public Assistance:
    Estimated Budget Authority..................       *       1       1       1       2       2       2       2       3       3          5          17
    Estimated Outlays...........................       *       1       1       1       2       2       2       2       3       3          5          17

1Total Changes:
    Estimated Budget Authority..................       1       4       4       5       6       7       7       8       9      10         20          61
    Estimated Outlays...........................       1       4       4       5       6       7       7       8       9      10         20          61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Foster Care. Section 236 would require the federal 
government to reimburse states for the cost of foster care 
provided to special immigrant juveniles not covered elsewhere 
in the bill (see the heading ``Department of Health and Human 
Services'' above in the section on ``Spending Subject to 
Appropriation''). We estimate that this provision would affect 
about 160 children in 2008, with the number of children 
doubling by 2017, and that the average monthly foster care 
payment would be about $1,300 in 2008. Adjusting for 
anticipated inflation and a slight lag in implementing the 
program in 2008, CBO estimates that providing foster care 
payments to those children would increase direct spending by $1 
million in 2008, $15 million over the 2008-2012 period, and $44 
million over the 2008-2017 period.
    Public Assistance. H.R. 3887 would affect public benefits 
such as Food Stamps, Medicaid, and Supplemental Security Income 
(SSI) in five ways:

         LSection 201 would expand eligibility for T 
        visas, a nonimmigrant visa, for those brought into the 
        country as witnesses in a judicial proceeding and for 
        adult victims' parents and siblings who are threatened 
        because of the victim's cooperation with law 
        enforcement;
         LSection 201 would expand eligibility for 
        continued presence in the United States, a nonimmigrant 
        legal status, for trafficking victims who have filed a 
        civil suit against their traffickers;
         LSection 201 would expand eligibility for 
        parole, a nonimmigrant legal status that allows entry 
        into the United States, for relatives of victims with 
        continued presence status;
         LSection 212 would grant interim access to 
        benefits to those individuals whose application for a T 
        visa is pending; and
         LSection 213 would grant interim benefits to 
        children whose certification as a victim of severe 
        trafficking is pending.

    Based on information from DHS and DOL, and conversations 
with other immigration and trafficking experts, CBO projects 
that those provisions would enable 100-150 additional people 
per year to become eligible for the entitlement benefits 
available to refugees, such as Food Stamps, Medicaid, and SSI. 
In addition, CBO forecasts that 125-150 people per year would 
become eligible for benefits sooner than they would have 
otherwise. Drawing on information from HHS, CBO expects 40 
percent of the affected individuals would be eligible for the 
Food Stamp program and roughly 15 percent would be eligible for 
Medicaid and SSI. Presuming average per capita costs, we 
estimate that those provisions would increase outlays by less 
than $500,000 in fiscal year 2008 and $17 million over the 
2008-2017 period.
    Criminal Fines. Section 221 would establish new federal 
crimes for certain offenses relating to human trafficking. 
Because those prosecuted and convicted under H.R. 3887 would be 
subject to criminal fines, the federal government might collect 
additional fines if the bill is enacted. Collections of such 
fines are recorded in the budget as revenues, deposited in the 
Crime Victims Fund, and later spent. CBO expects that any 
additional revenues and direct spending would not be 
significant.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    Section 4 of UMRA excludes from the application of that act 
any legislative provisions that enforce the constitutional 
rights of individuals. CBO has determined that section 
236(d)(5) addresses the due process rights of aliens in certain 
legal proceedings and thus would fall within that exclusion. 
Therefore, CBO has not reviewed that section of the bill for 
intergovernmental and private-sector mandates.
    Other provisions of H.R. 3887 contain intergovernmental 
mandates as defined in UMRA, but CBO estimates that the annual 
cost of those mandates would not exceed the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation).
    If state or local officials have reason to believe a person 
may be a juvenile victim of trafficking, the bill would require 
those officials to notify the Secretary of HHS within 72 hours. 
CBO estimates that the administrative cost of this mandate 
would not be significant.
    In addition, H.R. 3887 would require the Secretary of HHS 
to place a juvenile victim of trafficking with a person capable 
of providing for the child's physical and mental well-being. 
For this purpose, the bill would require state and local 
agencies to give the federal government access to law 
enforcement and immigration databases to verify the potential 
caretaker's identity and to investigate any criminal record. 
State and local governments would incur administrative costs 
associated with any increased usage of their databases, but CBO 
estimates that requests associated with the placement of 
juvenile victims of trafficking would be infrequent, and any 
incremental administrative costs would be small.
    The bill would impose private-sector mandates, as defined 
in UMRA, on foreign labor contractors and employers who use 
such contractors. The bill would require any person who is a 
foreign labor contractor to obtain a certificate of 
registration from DOL before engaging in contracting 
activities. As defined in the bill, such activities include 
recruiting, soliciting, hiring, employing, or furnishing an 
individual who lives outside of the United States to be 
employed in the United States. Foreign labor contractors also 
would be required to disclose certain information about the 
employment opportunity in writing to each worker who is 
recruited for employment. In addition, the bill would require 
employers who use foreign labor contractors to use only those 
that have registered with the DOL. Based on information from 
DOL, CBO estimates the aggregate direct cost to comply with 
those mandates would not exceed the annual threshold for 
private-sector mandates established in UMRA ($131 million in 
2007, adjusted annually for inflation).

                         ESTIMATE PREPARED BY:

Federal Costs:
  Department of Justice--Mark Grabowicz
  Overseas Assistance--Michelle S. Patterson
  Department of Health and Human Services--Jonathan Morancy and 
        David Rafferty
  Department of Labor--Christina Hawley Anthony
  Department of State--Sunita D'Monte
  Impact on State, Local, and Tribal Governments: Neil Hood
  Impact on the Private Sector: Paige Piper/Bach

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Director for Budget Analysis

                    Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, upon 
enactment of this legislation, more foreign countries should 
increase the number of prosecutions against international 
traffickers.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution 
and the Thirteenth Amendment to the Constitution.

                        New Advisory Committees

    H.R. 3887 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 3887 does not apply to the Legislative Branch.

                         Earmark Identification

    H.R. 3887 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

               Section-by-Section Analysis and Discussion

Section 1. Short Title and Table of Contents
    This section provides that the Act may be cited as the, 
``William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2007,'' and includes the table of 
contents.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Section 101. Interagency Task Force to Monitor and Combat Trafficking
    This section adds the Secretary of Education to the Task 
Force.
Section 102. Office to Combat Monitor and Combat Trafficking
    Subsection (a) amends provisions related to the State 
Department's Office to Monitor and Combat Trafficking by 
mandating the continuation of the office, by conferring 
additional responsibility to work on public-private 
partnerships to combat trafficking and provides that the 
Director of the office have the ability to review and concur in 
State Department programs and U.S. Agency for International 
Development programs, including programs that are administered 
in the field, that are not managed by the Office to Combat 
Trafficking in Persons (the ``TIP'' office). While the 
Committee does not want to delay implementation of the 
trafficking programs, there needs to be greater coordination 
with the office that has the most expertise on designing and 
implementing trafficking specific programs. This subsection 
also makes clear that the TIP office is to have authority to 
manage its own programs. In particular, the Committee hopes 
that such authority will reduce or eliminate delays between the 
TIP office's decision to award grants and contracts and the 
actual expenditure of funds under those grants and contracts.
    Subsection (b) expresses the sense of Congress that the 
Secretary of State should locate the TIP office at the main 
headquarters for the Department of State, in Washington, D.C., 
in offices that reflect the broad and historic mission of the 
office to end modern-day slavery.
Section 103. Prevention and Prosecution of Trafficking in Foreign 
        Countries
    Subsection (a) provides additional methods for combating 
trafficking abroad, including support for the capacity of 
foreign governments to conduct investigations, for the capacity 
of foreign governments to provide immigrant populations 
information regarding their rights in the country, to provide 
for legal frameworks that protect foreign migrant workers, 
including domestic servants, to the same degree as citizens, 
and assistance to register vulnerable populations.
    Subsection (b) amends the foreign assistance act to provide 
specific assistance for anti-trafficking investigation and 
prosecution units in foreign countries relating to individuals 
and entities involved in sexual exploitation. The Committee 
notes that assistance directly to law enforcement, as 
contemplated by section 134 of the Foreign Assistance Act, 
which is the subject of this subsection, should be used to 
combat trafficking by increasing investigations, prosecutions 
and convictions.
Section 104. Assistance for Victims of Trafficking in Other Countries
    Section 104 provides for a number of amendments to section 
107 of the Trafficking Victims Protection Act, including 
ensuring that programs are carried out in a manner that takes 
into account the transnational aspects of trafficking, supports 
increased protection for refugees and internally displaced 
persons, and emphasizes that cooperative efforts are to be 
undertaken on a regional basis. The Committee believes that 
refugees and internally displaced persons are particularly 
vulnerable populations that need special protection.
Section 105. Increasing Effectiveness of Anti-Trafficking Programs
    Section 105 amends the TVPA by adding a new section which 
provides for transparency and evaluation of trafficking 
programs.
    Subsection (a) provides findings that U.S. assistance 
programs related to combating trafficking in persons should be 
monitored and evaluated, and the U.S. should measure results--
that is, the actual effects--as well as numerical outcomes of 
such programs. These outcome results should include rescue, 
rehabilitation and reintegration programs in the United States 
and abroad, proactive prevention activities at the community 
level, and education, health, and law enforcement programs.
    Subsection (b) provides for an amendment to the TVPA of 
2000 to ensure that all U.S. anti-trafficking programs, both 
programs carried out in the United States and abroad, are 
transparent and provide for evaluation of such programs. These 
provisions include a requirement that the awarding of grants, 
cooperative agreements and contracts be awarded transparently 
and competitively, consistent with current law. The Committee 
does not intend this provision to prohibit small grants without 
competition that are permitted under existing procurement 
mechanisms where such grants are warranted, although the 
Committee encourages the Department to use competitive 
processes wherever possible. The Committee also notes that 
subsection (a) of the new provision states that the agency 
review process for grants, cooperative agreements and contracts 
should not be subject to ad hoc or intermittent review by 
individuals or organizations outside the U.S. Government. The 
Committee does not intend to prevent persons from providing 
their opinion with respect to specific proposals they are aware 
have been made; rather the Committee does not believe they 
should not have access to the internal analysis or process used 
for formally reviewing those grants.
    Subsection (c) of the new section of the TVPA also provides 
that the President establish performance goals and ensure 
performance indicators are used for all U.S. programs carried 
out in the United States and abroad. The Committee expects that 
the President will delegate this authority to each individual 
agency to establish performance goals and indicators that are 
tailored to each program.
    The process of creating and implementing performance goals 
for anti-trafficking programs should reflect the evolving 
understanding of most effective strategies. Such indicators 
should be sufficiently flexible to enable local, context-
specific approaches. As a 2007 GAO report noted, it is 
important that anti-trafficking efforts encompass reintegration 
efforts, place further emphasis on individual care plans for 
each survivor, and provide realistic and properly resourced 
programs for local follow up and monitoring of survivors. These 
initiatives must be guided by local conditions and dynamics; 
the Committee urges that the formulation and implementation of 
performance goals provide sufficient flexibility to ensure 
this. In addition, consistent with the recommendations of the 
Government Accountability Office report from July 2007, 
performance indicators should measure the extent of local 
community engagement in strategies to prevent trafficking, 
since the lack of the involvement of the local community where 
anti-trafficking programs are targeted will likely undermine 
the success of such programs.
    Subsection (c) of this new section also provides that 
efforts shall be undertaken to provide U.S. assistance 
consistent with the priorities and country assessments 
contained in the most recent annual TIP report. Because of the 
way funds are programmed, amounts available for anti-
trafficking programs are often apportioned and then allocated 
for specific countries with insufficient regard to the 
subsequent publication of the annual TIP report. The Committee 
believes there should be greater congruence between the 
priority countries in the TIP report and U.S. Government 
programming decisions.
    Subsection (d) of the new section mandates that the 
President take steps to ensure that the design, monitoring, and 
evaluation of U.S. assistance programs for emergency relief, 
development and poverty alleviation are carried out in a manner 
that takes into account and is consistent with U.S. policies 
and other U.S. programs relating to combating trafficking. This 
provision constitutes a ``mainstreaming'' of trafficking 
policies into the overall U.S. assistance programs. At a 
minimum, U.S. assistance programs should not undermine U.S. 
efforts to combat trafficking.
Section 106. Minimum Standards for the Elimination of Trafficking
    Subsection (a) eliminates the limitation that only 
countries with a significant number of victims be monitored. 
Under this amendment, any country that has any trafficking 
victims will be subject to the provisions of the TVPA.
    Subsection (b) clarifies that in evaluating whether a 
country is making significant efforts to combat trafficking, 
convictions that result in suspended or significantly reduced 
sentences shall not be considered to be an indicator of serious 
and sustained efforts to eliminate severe forms of trafficking 
in persons. The Committee notes that while prevention and 
protection are critical to reducing trafficking, criminal 
prosecutions with significant sentences are critical to 
breaking the criminal syndicates that conduct trafficking and 
should be given special emphasis when determining whether a 
country is meeting or making significant efforts to combat 
trafficking. Likewise, efforts to reduce demand for commercial 
sex acts should be prioritized in a similar manner in making 
such determinations.
    Subsection (b) also provides that an additional criterion 
for such standards is the provision of training in the 
identification and treatment of trafficking victims. Finally, 
given the priority in reducing the demand for commercial sex 
acts, subsection (b) sets as a separate criterion whether a 
government has made serious and sustained efforts to reduce 
demand for commercial sex acts and to eliminate participation 
in international sex tourism.
Section 107. Actions Against Governments Failing to Meet Minimum 
        Standards
    Subsection (a) provides that if a country has been on the 
special watch list for two consecutive years, such country 
shall be deemed to be not making significant efforts to combat 
trafficking unless the Secretary of State determines that: (1) 
the country has a written plan to begin making such efforts; 
(2) the plan, if implemented, would constitute making such 
efforts; and (3) the country is devoting sufficient resources 
to implement such plan. This provision addresses the problem of 
``parking'' countries on the Tier II Watch List. When Congress 
created the list, it was not the intention that countries could 
stay on the Watch List permanently. There needs to be real 
progress by such countries or such countries will have to be 
determined to be Tier III.
    Subsection (b) provides a clarification that a country that 
is subject to sanctions under section 110 but has not received 
non-humanitarian, non-trade related assistance in the previous 
year has both such assistance and exchanges cut off in the year 
in which sanctions apply. The Committee understands that there 
is some ambiguity as to whether a Tier III country that did not 
receive assistance in a previous year is prohibited from 
receiving such assistance in the year after they are placed on 
the Tier III list. This provision is designed to clarify that 
if a country is placed on Tier III, such country will not be 
able to receive non-humanitarian, non-trade related assistance.
    Subsection (c) requires translation of the State 
Department's annual report required pursuant to the TVPA of 
2000, and publication of the translated report on appropriate 
websites.
Section 108. Research on Domestic and International Trafficking in 
        Persons
    Subsection (a) amends section 112A of the TVPA of 2000 to 
require the establishment of an integrated database combining 
all available data relating to trafficking trends in order to 
improve coordination of the collection of data related to 
trafficking in persons by each agency of the U.S. Government, 
promoting uniformity of data collection and standards and 
systems related to such collection, and undertaking a meta-
analysis of such data. In GAO's report from earlier this year 
entitled ``Human Trafficking: Better Data, Strategy and 
Reporting Needed to Enhance U.S. Antitrafficking Efforts 
Abroad'' (GAO-06-825), GAO reported that ``[t]o date, the U.S. 
government has funded few projects to improve estimates of 
trafficking on a regional or international basis, `` that 
``officials stated that they do not systematically analyze the 
trafficking information they receive and lack the human and 
financial resources to do so,'' and ``based on our analysis of 
agency data sets, we found that Federal agencies do not have 
data collections programs that could share information or 
include common data fields.''
    This subsection would rectify these problems by creating 
greater uniformity and better data collection. The results of 
combining these data sets would allow the U.S. Government to 
perform a meta-analysis of trafficking trends. Modern computer 
technology has made possible ``such an analysis, a method based 
on combining and then analyzing a group of data sets collected 
on the same topic. Pioneered in medical research, it has been 
important in discovering trends in both the incidence and 
successful treatment of major diseases. At present there are a 
number of independent data sets on human trafficking within 
U.S. Government agencies, as well as international 
organizations such as the International Labor Organization and 
the International Office of Migration (IOM). Indeed, GAO 
noticed that IOM has a particularly useful data set. 
Combination of these data sets would make possible a deeper 
understanding of the incidence and trends of human trafficking.
    Depending on the quality of the combined data sets, the 
power of the analysis could range from gaining a clearer broad 
picture of trafficking, to findings that can apportion precise 
weights to the factors that generate this criminal activity, 
thus indicating the most effective points of intervention.
    Subsection (b) amends section 112A to provide that the 
Human Smuggling and Trafficking Center (HSTC) would be 
responsible for efforts to improve data collection and the 
meta-analysis required by the amendment in subsection (a). The 
GAO notes that efforts to improve data collection ``could 
include assigning a trafficking research and data unit to serve 
as interagency focal point charged with developing an overall 
research strategy, collecting and analyzing data, and directing 
research.'' GAO also provides that the Center could carry out 
such activities if properly funded. The Committee understands 
from GAO that some additional employees for the HSTC could 
accomplish this mission, and H.R. 3887 includes additional 
authorizations to section 112A to carry out this purpose.
Section 109. Presidential Award for Extraordinary Efforts to Combat 
        Trafficking in Persons
    This section authorizes the President to establish an 
annual award for up to five persons (or organizations) who 
provided extraordinary service in efforts to combat trafficking 
in persons. This award is intended to be provided to U.S. 
citizens and foreign nationals, and U.S. and foreign non-
governmental organizations, that make extraordinary efforts to 
combat trafficking in the United States or abroad.
Section 110. Responsibilities of Consular Officers of the Department of 
        State
    Subsection (a) requires consular officers conducting 
interviews of employment-based non-immigrant visas to ensure 
that the applicant has information about the illegality of 
slavery and other exploitation, the availability of services 
for human trafficking victims, the legal rights of immigrant 
victims of trafficking and other exploitation, and the 
provisions related to foreign labor brokers.
    Subsection (b) provides for special provisions relating to 
A-3 and G-5 visas, including ensuring that that the applicant 
has an employment contract in a language that the applicant 
understands, that the Secretary of State report on the 
feasibility of having a system of monitoring of applicants that 
receive such visas and of creating a system by which diplomats 
for whom such applicants work purchase a bond, and that the 
Secretary cooperate with law enforcement officials to the 
fullest extent practicable with U.S. international obligations.
    This section also provides that no such visas be issued if 
the individual who would hire the applicant is from a 
diplomatic mission or international institution where the 
Secretary determines that trafficking or other abuse has 
previously occurred or an individual has departed the United 
States because of credible evidence of such abuse, unless the 
Secretary of State determines that a mechanism is in place to 
prevent such abuse in the future. Subsection (b) also requires 
a report on diplomatic missions and international institutions 
affected, exceptions made and waivers of diplomatic immunity 
requested.
    The Committee notes that once an A-3 or G-5 visa holder is 
admitted, there is currently no system to either provide for a 
one-time visit to ascertain that the visa holder has a copy of 
the holder's employment contract, the visa holder's passport, 
and an information pamphlet in a language the visa holder 
understands. Nor does any U.S. Government employee review, in a 
language the worker understands, the contents of the employment 
contract with the domestic worker and ascertain that she 
understands the rights and obligations stated in the contract. 
There is no system to monitor such employees to make sure that 
they are not being abused during their term of employment. The 
Committee believes that at least a one-time visit is merited, 
and that there should be a system of ongoing monitoring of the 
situation. This provision therefore mandates a feasibility 
study for such a system.
    The Committee also notes that domestic servants have 
sometimes faced abuse. The Committee believes that where abuse 
has occurred and a domestic servant has not been provided his 
or her wages, the Department should take steps to ensure a fair 
settlement. In particular, where a civil claim is dismissed as 
a result of the State Department's intervention and assertion 
of diplomatic immunity, the Committee believes the State 
Department should take all reasonable steps to encourage, 
assist and support the foreign mission to achieve a just 
settlement of the claim between the alien and the employer. One 
alternative, which is used by the Government of Singapore, is 
for the diplomat employer to post a bond so that if the 
domestic servant is not paid, the domestic servant can collect 
funds based on the bond. Therefore this section provides for a 
feasibility study to study various forms of compensation, 
including a bond program, compensation scheme or an insurance 
scheme.
Section 111. Report on Activities of the Department of Labor to Monitor 
        and Combat Forced Labor and Child Labor
    This section requires that the Secretary of Labor provide 
an interim report on the progress toward implementing section 
105(b) of the Trafficking Victims Protection Reauthorization 
Act of 2005 and requires the final report not later than 
September 30, 2008. The Committee appreciates the notice of 
Proposed Procedural Guidelines for the list of goods imported 
with slave labor published by the Department of Labor on 
October 1, 2007, and believes this is a good first step toward 
the eventual publication of such items. However, the Committee 
is concerned that the definition of the scope of the proposed 
list is too narrow as it applies to goods that are assembled 
without slave labor but that include components that are 
produced with slave labor or labor under slave-like conditions. 
At a minimum, the list produced by the Department should 
include items produced by slavery or by labor in slave-like 
conditions, and items where 50 percent or more of the value can 
be attributed to components made with slave labor or by labor 
in slave-like conditions.
Section 112. Sense of Congress Regarding Multilateral Framework Between 
        Labor Exporting and Labor Importing Countries
    This section provides a sense of Congress that the 
Secretary of State should seek to establish a multilateral 
framework between labor exporting and labor importing countries 
to ensure that individuals migrating between such countries are 
protected from trafficking in persons and worker exploitation 
of any kind.

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

 SUBTITLE A--ENSURING AVAILABILITY OF POSSIBLE WITNESSES AND INFORMANTS

    This subtitle provides for certain changes to the T visa 
and the authority for continued presence of trafficking 
victims. The Committee continues, as in the TVPA of 2000, to 
seek to use the T visa created by that Act as a way to assist 
law enforcement officials while also seeking to address the 
humanitarian needs of trafficking victims. This section allows 
for bringing a victim's relatives into the United States so 
that the opportunity for retaliation, a key barrier to full 
cooperation with law enforcement, is reduced. It also allows T 
visas for those victims whom the Secretary of Homeland Security 
determines are unlikely or unable to cooperate with law 
enforcement because of physical or psychological trauma. These 
provisions will afford an opportunity for such a victim to 
become more stable and therefore more likely to cooperate with 
law enforcement.
    In this regard, the Committee notes that under the TVPA of 
2000, a T visa applicant must have responded to any reasonable 
request by law enforcement officials in order to investigate or 
prosecute traffickers. This requirement was modified by the 
TVPRA of 2003 to provide that a request was not ``reasonable'' 
if the victim, ``due to psychological or physical trauma is 
unable to cooperate with a request'' from law enforcement 
officials.'' The modification in subsection (a) of Section 201 
of this Act creating a new prong for the issuance of a T visa 
is therefore a streamlining as opposed to an expansion of the 
visa. A conforming change is made by section 201 to eliminate 
this language added by the TVPRA of 2003.
    Finally, the Committee notes that adjustment of status to a 
Lawful Permanent Resident status, while conformed to certain 
changes made in the T visa, remains discretionary and includes 
the proviso that the victim respond to any reasonable request 
for assistance from law enforcement officials, maintaining the 
link to law enforcement in any event.
    Despite the Committee's efforts and estimates of as many as 
17,500 trafficking victims entering the United States every 
year, the number of victims coming forward to assist U.S. law 
enforcement remains too low. The Committee hopes that the 
changes in this subtitle and others provisions in this Act will 
increase the numbers of victims who come forward, the number 
who will be prepared to act as witnesses against trafficking 
perpetrators, and the number of successful prosecutions against 
such perpetrators.
Section 201. Protecting Trafficking Victims Against Retaliation
    In particular, subsection (a) provides for certain changes 
to the T visa for trafficking victims. Paragraph (1) allows 
persons who are brought into the country by the government for 
investigations or as witnesses to apply for such a visa so as 
to prevent retaliation for their cooperation. It also allows a 
visa for persons who are not able to participate in an 
interview with law enforcement because of the trauma 
experienced by the applicant, clarifying the existing language 
in the T Visa authorization, and eliminates the ``unusual and 
severe harm'' standard.
    Paragraph (2) allows parents and siblings who are in danger 
of retaliation to join the trafficking victims.
    Paragraph (3) conforms the T visa to the changes made in 
paragraph (1) related to trauma of the victim.
    Subsection (b) modifies certain requirements of the T visa, 
including providing criteria on extreme hardship.
    Subsection (c) clarifies and expands the Secretary of 
Homeland Security's authority to permit continued presence of 
trafficking victims, including if the alien has filed a civil 
action against the trafficking perpetrators. It also allows for 
parole into the United States of certain relatives of 
trafficking victims, consistent with the amendments in section 
205 of the Act. If enacted, the bill would therefore allow the 
T visa process and the continued presence process to be equally 
flexible in meeting law enforcement officials' needs.
    Subsection (d) provides that the Secretary of Homeland 
Security may waive the restriction on disqualification from 
good moral character for T visa holders applying for adjustment 
to Lawful Permanent Resident Alien if the actions that would 
have led to the disqualification are caused by or incident to 
the trafficking which the victim experienced. Such waivers are 
currently available at the issuance stage, and this subsection 
is intended as a conforming amendment given that initial T 
recipients are expected to adjust at a later point in their 
recovery.
Section 202. Information for Work-Based Nonimmigrants on Legal Rights 
        and Resources
    Subsections (a) and (b), in conjunction with section 110 of 
the Act, require the Secretary of Homeland Security, in 
consultation with the Secretary of State, to create an 
information pamphlet for trafficking victims similar to the 
information required under the International Marriage Brokers 
Act, including the illegality of slavery and trafficking, 
rights of immigrants, and available services. It is expected 
that the Secretary of State shall ensure that the TIP office 
will be centrally involved in the drafting of the pamphlet, and 
that the Department of Labor will also play a significant role. 
Consistent with its mission under the TVPA of 2000, it is also 
expected that the pamphlet and its issuance will be subject to 
review by the Senior Policy Operating Group.
    Subsection (c) requires summaries of the pamphlets to be 
made for review.
    Subsection (d) requires translation of the pamphlet into 
certain key languages.
    Subsection (e) provides for distribution of the pamphlets
    Subsection (f) provides for the creation and distribution 
of the pamphlet within 120 days of enactment of the Act.
    Subsection (g) provides for protection of foreign workers 
from unscrupulous foreign labor recruiters, who have been 
responsible for significant abuses discovered in the United 
States. Under this section, foreign labor recruiters who 
recruit foreign workers will have to register with the 
Department of Labor through an electronic system. Such 
recruiters will have to provide a disclosure to each potential 
employee recruited. If the recruiter provides materially false 
or misleading information, such labor recruiter will be subject 
to civil enforcement action by the Department of Labor and 
possible criminal prosecution. An employer who uses a foreign 
labor recruiter who is not registered, or knowingly disregards 
that such a recruiter is in violation of the provisions of this 
section, such employer shall also be subject to enforcement 
action.
Section 203. Clarification of Roles of Secretary of Homeland Security 
        and Attorney General
    This section clarifies the roles of the Secretary of 
Homeland Security and the Attorney General in making certain 
determinations under the Immigration and Nationality Act.
Section 204. Relief for Certain Victims Pending Actions on Petitions 
        and Applications for Relief
    This section allows the Secretary of Homeland Security to 
stay the removal of an individual who has made a prima facie 
case for approval of a T Visa (relating to human trafficking).
Section 205. Parole for Derivatives of Trafficking Victims
    This section authorizes the provision of parole to 
derivative family members of trafficking victims to prevent 
retaliation against the victim or the victim's family. In cases 
where parole is being sought to support the victim's needs, 
rather than due to threats of retaliation against the victim's 
family, it is expected that the law enforcement officials 
filing the application for parole to determine, through 
consultations with the trafficking victim, her advocates and 
service providers, which family members should join the victim 
to provide emotional and sustaining support necessary for the 
victim's cooperation and recovery. This provision need not be 
used for total family reunification in all such cases, though 
it is expected that the T visa process will serve that process 
for adjudicated victims.
Section 206. Implementation of Trafficking Victims Protection 
        Reauthorization Act of 2005
    This Section requires the Secretary of Homeland Security to 
issue interim regulations on the adjustment of status to 
permanent residence for T visa holders. The Committee is 
concerned that T visa holders have not been able to fully 
recover because they continue to be in the immigration system 
due to adjustment regulations not being issued. The T visa was 
intended to provide an alternative to the use of the ``S'' visa 
to protect trafficking victims--that visa was originally 
formulated for co-defendants rather than victims, and its 
requirements for ongoing supervision were onerous on survivors 
and case agents alike. Prompt adjustment will allow survivors 
who have cooperated with law enforcement and observed the 
requirements of the T visa to complete an important step toward 
full integration into society.

             SUBTITLE B--ASSISTANCE FOR TRAFFICKING VICTIMS

Section 211. Victim of Trafficking Certification Process
    This section makes certain clarifications resulting from 
conflicting amendments to the TVPRA and strengthens the role of 
the Secretary of Health and Human Services in making 
determinations regarding assistance to victims.
Section 212. Assistance for Certain Visa Applicants
    This section clarifies that visa applicants as well as 
holders have access to certain public benefits.
Section 213. Interim Assistance for Child Victims of Trafficking
    This section provides that if credible information is 
presented that a child has been a trafficking victim, the 
Secretary of Health and Human Services (HHS) may provide 
interim assistance to the child for up to 90 days. This section 
also provides that any Federal official must notify HHS within 
48 hours of coming into contact with such child and that State 
or local officials must notify HHS within 72 hours of coming 
into contact with such a child.
Section 214. Ensuring Assistance for All Victims of Trafficking in 
        Persons
    Concerns have been raised that the TVPA of 2000 and 
programs carried out under it do not sufficiently meet the 
needs of American victims of human trafficking. The TVPA's 
victim-services regime was not intended as programs for 
foreigners only, but provided exemptions to the 1996 Welfare 
Reform Act's prohibitions against services for many aliens. 
Section 214 seeks to ensure that a ``service gap'' does not 
exist between victims who are U.S. citizens and victims who are 
foreign nationals.
    Subsection (a) amends the TVPA of 2000 to specifically 
authorize the use of funds for an assistance program for 
victims of severe forms of trafficking of persons and provides 
for establishing a system that refers such victims to existing 
programs at the Department of Health and Human Services and the 
Department of Justice.
    Subsection (b) broadens the scope of services by providing 
that in addition to the program for assistance to women in 
prostitution authorized in the TVPRA of 2005 and reauthorized 
in section 302 of this Act, the Attorney General is authorized 
to use Victims of Crimes Act of 1984 (VOCA) funds to assist 
persons victimized under Chapter 117 of Title 18 (the Mann 
Act).
    The Committee understands that existing guidelines prohibit 
assistance to any person in detention and cannot be used for 
``offender rehabilitation.'' In addition, the Committee 
understands that some states have guidelines that limit the use 
of State VOCA funds for individuals who may have committed a 
crime. All these guidelines may have the effect of limiting 
VOCA funds for women in prostitution who are trying to escape 
their plight. The Committee believes this is inappropriate, as 
many of these women are victims of those criminals who handle 
them. However, the Committee does not necessarily intend that 
these funds be taken away from State grants. The Attorney 
General may use existing discretionary VOCA funds or may take 
steps to ensure that State grants give priority to this 
underserved population.
    Subsection (c) ensures equality between classes of victims 
by providing that grant applications for trafficking programs 
should include a statement as to whether the service 
organization applying for the grant has a referral system to 
ensure that all victims receive assistance regardless of 
alienage.
    Subsection (d) requires that the Attorney General and the 
Secretary of Health and Human Services submit a report on any 
service gaps between foreign and U.S. citizen trafficking 
victims (pursuant to chapter 117 of Title 18 of the U.S. Code).

       SUBTITLE C--PENALTIES AGAINST TRAFFICKERS AND OTHER CRIMES

Section 221. Enhancing Trafficking and Other Related Offenses
    Subsection (a) clarifies that the Government, in order to 
prosecute, does not need to prove that a defendant knew that a 
victim was not at least 18 years old.
    Subsection (b) amends section 1592 of title 18 to 
streamline it, extend it to persons who are obtaining or 
maintaining a person in prostitution and adds abuse of 
government process, blackmail, or causing of financial harm to 
the list of offenses. The misdemeanor-level crime linked to 
causing or exposing a person to financial harm is intended to 
reach those schemes that do not rise to the level of serious 
harm as defined in section 1589 of Title 18 of the U.S. Code. 
For instance, ``financial harm'' could encompass a recruiting 
fee that is usurious, fees that are unrelated to the actual 
service provided, or a scheme that creates an ongoing 
dependency on a recruiter such as a fee that eats up more than 
1% of the total wage that a guest worker is promised. This 
misdemeanor will provide a lesser-included offense to the 
current Forced Labor and Sex Trafficking felonies which carry 
sentences of up to 20 years for services compelled through a 
``scheme, plan, or pattern [including] intentionally causing 
the victim to believe that her family will face harms such as 
banishment, starvation, or bankruptcy in their home country.'' 
(Conf. Rep. 106-939--Oct. 5, 2000). Although this new crime is 
intended to give law enforcement officials another tool to 
prosecute traffickers where there may be lesser indications of 
force, fraud and coercion, as required by sections 1589 and 
1591, its creation and use is not intended to alter the 
definitions of a victim of a severe form of trafficking for any 
provision of law, including within the scope of a T visa and 
who is eligible for it.
    Subsection (c) amends various provisions of title 18 to 
ensure that victims of trafficking offenses get restitution and 
restoration of forfeited assets.
    Subsection (d) enhances the civil action by providing that 
an action is also available against any person who knowingly 
benefits from trafficking. It also provides for a realistic 
statute of limitations.
    Subsection (e) adds a new crime regarding actions against 
persons who intimidate or expose violations of employment-based 
immigration or labor law involving aliens, and creates a civil 
cause of action against perpetrators of such intimidation.
    Subsection (f) expands the Mann Act relating to 
transportation of individuals involved in prostitution to any 
act ``in or affecting interstate commerce''.
    Subsection (g) creates a new crime--sex tourism--and 
punishes individuals who travel abroad with the intent to 
engage in illicit sexual conduct, and those who promote and 
coordinate this travel for their own financial gain.
    Subsection (h) provides for updating of sentencing 
guidelines.
    The victim services and immigration benefits created by the 
Trafficking Victims Protection Act of 2000 are not linked to 
what, if any, criminal charges are brought. This Act's creation 
of tools to better address forms of sex trafficking under 22 
U.S.C. 7102(9) does not create any rights or access to 
immigration or other related benefits that are limited to 
victims of severe forms of trafficking, as defined in 22 U.S.C. 
7102(13).
Section 222. Jurisdiction in Certain Trafficking Offenses
    This section provides jurisdiction to U.S. courts for 
prosecution of certain slavery and trafficking offenses 
committed abroad, including slavery, peonage and trafficking 
under sections 1589 and 1591 of the U.S. Code. Prosecutions may 
only take place against a person already facing prosecution in 
a foreign jurisdiction if the Attorney General or the Deputy 
Attorney General approves such a prosecution.
Section 223. Amendment to Other Crimes Related to Trafficking
    Subsection (a) expands and makes more useful section 278 of 
the Immigration and Nationality Act, relating to aliens in 
prostitution, including by applying it not only to those who 
harbor, transport or otherwise use aliens for prostitution, but 
to anyone who uses aliens for prostitution.
    Subsection (b) requires review of sentencing guidelines to 
ensure conformity.
    Subsection (c) makes technical modifications to provisions 
relating to the International Marriage Brokers Act to clarify 
that it applies to anyone in interstate or foreign commerce as 
well as within the special maritime and territorial 
jurisdiction of the United States.
Section 224. Model Statute Provided to States
    Subsection (a) requires the Attorney General to ensure that 
changes to an existing model statute on trafficking is not 
being construed as derogating from, or in any way limiting or 
constraining the operations of, current existing State law 
relating to prostitution.
    Subsection (b) requires publication of such a model statute 
on the website of the Department of Justice.
    Subsection (c) requires that the Department of Justice 
draft and post on its website a model statute setting forth 
best legislative practices in the area of state and local anti-
prostitution enforcement.

         SUBTITLE D--ACTIVITIES OF THE UNITED STATES GOVERNMENT

Section 231. Annual Report by the Attorney General
    This section requires that the annual report by the 
Attorney General include activities by the Department of 
Defense to combat trafficking in persons, actions taken to 
enforce policies relating to contractors and their employees, 
actions by the Secretary of Homeland Security to waive 
restrictions on section 307 of the Tariff Act of 1930, and 
prohibitions on procurement of items or services produced by 
slave labor.
Section 232. Annual Anti-Trafficking Conference
    This section amends the TVPRA of 2005 to provide that 
annual anti-trafficking conferences examine the use of existing 
Federal and State laws that do not require force, fraud or 
coercion as an element of a felony crime to prosecute 
traffickers.
Section 233. Senior Policy Operating Group
    This section amends section 206 of the TVPRA of 2005 to 
ensure that the Senior Policy Operating Group reviews all anti-
trafficking programs.
Section 234. Coordinators to Combat Human Trafficking
    This section establishes a coordinator to ensure 
consistency of Department of Justice policies regarding 
trafficking and a coordinator at the Department of Labor. The 
Committee expects that the Trafficking and Worker Exploitation 
Task Force will focus on enforcement issues, as opposed to 
setting policy decisions which should be made by the 
Interagency Task Force and the Senior Policy Operating Group 
(SPOG). With the new and expanded crimes created by this Act, 
an increased need for coordination between the Department of 
Justice and the Department of Labor is clear. This development 
and the creation of the coordinators are not intended to 
derogate from the work of the SPOG, in particular their 
responsibility to review and coordinate major agency anti-
trafficking policies before they are put into effect. The 
Committee also expects to maintain or heighten the level of 
representation of each U.S. Government agency to the SPOG.
    In coordinating the anti-trafficking activities at the 
Department of Justice, it is noted that the Chapters 77 
(Peonage, Slavery, and Trafficking in Persons) and 117 
(Transportation for Illegal Sexual Activity and Related Crimes) 
of Title 18, U.S. Code, are critical anti-trafficking tools and 
should be used in tandem to address the criminal phenomenon of 
trafficking in persons. The Criminal Division's anti-
trafficking activities should not be limited only to those sex 
trafficking cases involving children.
    The Justice Department should ensure that there are 
appropriate structures for the prosecution of both severe forms 
of trafficking and sex trafficking, as defined in the 
Trafficking Victims Protection Act of 2000, including cases 
involving adults in prostitution in which force, fraud, or 
coercion are not provable. Structures to address such sex 
trafficking cases should not dilute the servitude-based work of 
the Criminal Section of the Civil Rights Division, but should 
build upon and supplement the Criminal Division's existing 
anti-prostitution activities through the current Child 
Exploitation and Obscenity Section. In this connection, the 
Exploitation and Obscenity Section of the Criminal Division of 
the Department of Justice should be redesignated the ``Sexual 
Exploitation and Obscenity Section,'' and the Human Trafficking 
Prosecution Unit of the Civil Rights Division should be 
redesignated the ``Slavery & Trafficking Prosecution Unit.''
Section 235. Preventing United States Travel by Traffickers
    This section provides that the Secretary of State may 
prohibit the entry into the United States of traffickers. This 
authority is expected to be delegated to the Director of the 
TIP office.
Section 236. Enhancing Efforts to Combat the Trafficking of Children
    Section 236 responds to concerns of service providers that 
a more effective sorting mechanism is needed to carry out the 
mandate in Section 107 of the TVPA of 2000 that Federal 
officials affirmatively seek to identify and assist trafficking 
victims, especially children.
    Subsection (a) expresses the sense of Congress that the 
United States should undertake efforts to protect children from 
trafficking, including during repatriation.
    Subsection (b) provides enhanced procedures for preventing 
child trafficking at the U.S. border and U.S. ports of entry. 
It codifies and improves procedures for the repatriation of 
unaccompanied children from contiguous countries. It also 
provides that the Secretary of State shall develop a system for 
the safe repatriation of unaccompanied children and shall 
develop a pilot program for that purpose.
    Subsection (c) requires better care and custody of 
unaccompanied alien children to be provided by the Department 
of Health and Human Services (HHS).
    Subsection (d) improves procedures for the placement of 
unaccompanied children in safe and secure settings. It requires 
that HHS take steps to assist children in complying with 
immigration orders, assist children in accessing pro bono 
representation and, in certain cases involving particularly 
vulnerable children, to obtain guardians ad litem.
    Subsection (e) revises procedures for obtaining special 
immigrant juvenile status and provides refugee assistance for 
children in such status. It also provides for adjudication of 
asylum applications by asylum officers.
    Subsection (f) provides specialized training, including 
training related to trafficking, to Federal officials who come 
into contact with unaccompanied children.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

    This title provides authorization of appropriations for 
various trafficking programs.
Section 301. Trafficking Victims Protection Act of 2000
    Of the amounts authorized under this section to the 
Attorney General, $200,000 should be used to ensure that safety 
and security consultation is incorporated into any training and 
technical assistance provided to grantees who provide social 
services to victims of human trafficking. Moreover, up to 
$2,000,000 should be used to expand the activities of the 
Criminal Division's Innocence Lost Task Forces incorporate 
situations involving adults in prostitution (under Title 18, 
U.S. Code, Chapter 117, as amended by this Act). Funds 
authorized by this section should also be used to expand the 
Criminal Division by five prosecutors to investigate and 
prosecute cases under the expanded Chapter 117, including cases 
against those who profit from prostitution and sex tourism, and 
to expand the Civil Rights Division by five prosecutors to 
investigate and prosecute cases of severe forms of trafficking, 
pursuant to the TVPA and its progeny, including this Act.
Section 302. Trafficking Victims Protection Reauthorization Act of 2005
    This section amends the TVPRA to add funding through fiscal 
year 2011.
Section 303. Rule of Construction
    This section states that the amendments made by sections 
301 and 302 should not affect the availability of the funds 
currently appropriated.
Section 304. Technical Amendments
    This section amends the earlier trafficking bills to 
reflect the name change of the Committee on Foreign Affairs 
(formerly known as the ``Committee on International 
Relations'').

           TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS

Section 401. Short Title
    This section provides that this title may be referred to as 
the, ``Child Soldier Prevention Act of 2007.''
Section 402. Definitions
    This section provides for various definitions used 
throughout the Act.
Section 403. Findings
    This section provides for various findings regarding the 
millions of children killed, injured or permanently affected by 
their forced exploitation as child soldiers.
Section 404. Sense of Congress
    This section expresses the sense of Congress that the 
forced recruitment or use of children should be condemned, that 
the U.S. should support and, where practicable, to lead efforts 
to establish and uphold international standards to end the use 
of child soldiers, that the U.S. should expand services to 
rehabilitate and reintegrate child victims, and that the U.S. 
should work with other governments, international organizations 
and non-governmental organizations to bring to justice those 
paramilitary groups that use child soldiers and to assist in 
the rehabilitation and reintegration of such children. This 
section also expresses the sense of congress that the 
Secretaries of State, Labor and Defense should coordinate 
programs to address these issues and U.S. diplomatic missions 
should include in their strategic planning the elimination of 
the use of child soldiers.
Section 405. Prohibition on Provision of Military Assistance to Foreign 
        Governments that Recruit or Use Child Soldiers
    Subsection (a) prohibits military assistance or the export 
of U.S munitions to governments that the Secretary of State 
determines have governmental armed forces or government-
supported armed forces, including paramilitaries, militias or 
civil defense forces that recruit or use child soldiers.
    Subsection (b) provides that the Secretary of State include 
a list of such countries in its annual report on trafficking 
required by section 110 of the TVPA of 2000.
    Subsection (c) provides that the President may waive the 
restriction in subsection (a) if it is in the national 
interest.
    Subsection (d) provides that the President may reinstate 
assistance which is restricted if the government has 
implemented effective measures to come into compliance with 
this title and has implemented effective policies to prohibit 
and prevent future use of child soldiers.
    Subsection (e) provides that notwithstanding the 
restriction in subsection (a), international military education 
and training assistance may be provided for two years if the 
Secretary of State certifies to the appropriate congressional 
committees that the government of that country is implementing 
effective measures to demobilize child soldiers and the 
assistance is provided to directly support professionalization 
of the military of the government. Subsection (e) also includes 
an exception for assistance specifically designed to further 
cooperation between the United States and foreign governments 
to combat international terrorism.
Section 406. Reports
    Subsection (a) provides that the Secretary of State and 
U.S. Missions abroad thoroughly investigate reports on the use 
of child soldiers.
    Subsection (b) clarifies that the Secretary of State should 
include a description of the use of child soldiers, including 
trends toward improvement or the continued or increased 
tolerance of such practices and the role of the government in 
engaging in or tolerating the use of child soldiers.
    Subsection (c) provides that the President notify the 
appropriate congressional committees annually on any waivers 
made under section 405 and a description of the assistance 
under such section.
    Subsection (d) provides that not less than 180 days after 
implementation of the Act, the President submit a strategy for 
achieving the goals in the Act.
    Subsection (e) requires that not later than 120 days after 
enactment of the Act, the Secretary of State shall submit to 
the appropriate congressional committees a report on the 
recruitment and use of child soldiers by the governmental armed 
forces or government-supported armed groups of the Government 
of Burma, including paramilitaries, militias, or civil defense 
forces.
Section 407. Training for Foreign Service Officers
    This section establishes a requirement for instruction for 
Foreign Service Officers relating to child soldiers and the 
terms of the Child Soldier Prevention Act of 2007.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

               TRAFFICKING VICTIMS PROTECTION ACT OF 2000

           *       *       *       *       *       *       *
SEC. 103. DEFINITIONS.

    In this division:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate and the [Committee on 
        International Relations] Committee on Foreign Affairs 
        and the Committee on the Judiciary of the House of 
        Representatives.

           *       *       *       *       *       *       *

SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) * * *
    (b) Appointment.--The President shall appoint the members 
of the Task Force, which shall include the Secretary of State, 
the Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of 
National Intelligence, the Secretary of Defense, the Secretary 
of Homeland Security, the Secretary of Education, and such 
other officials as may be designated by the President.

           *       *       *       *       *       *       *

    (d) Activities of the Task Force.--The Task Force shall 
carry out the following activities:
          (1) * * *

           *       *       *       *       *       *       *

          (7) Not later than May 1, 2004, and annually 
        thereafter, the Attorney General shall submit to the 
        Committee on Ways and Means, the [Committee on 
        International Relations] Committee on Foreign Affairs, 
        and the Committee on the Judiciary of the House of 
        Representatives and the Committee on Finance, the 
        Committee on Foreign Relations, and the Committee on 
        the Judiciary of the Senate, a report on Federal 
        agencies that are implementing any provision of this 
        division, or any amendment made by this division, which 
        shall include, at a minimum, information on--
                  (A) the number of persons who received 
                benefits or other services under section 107(b) 
                in connection with programs or activities 
                funded or administered by the Secretary of 
                Health and Human Services, the Secretary of 
                Labor, the Attorney General, the Board of 
                Directors of the Legal Services Corporation, 
                and other appropriate Federal agencies during 
                the preceding fiscal year;

           *       *       *       *       *       *       *

                  (G) the amount, recipient, and purpose of 
                each grant under section 202 and 204 of the 
                Trafficking Victims Protection Act of 2005; 
                [and]
                  (H) activities by the Department of Defense 
                to combat trafficking in persons, including 
                educational efforts for and disciplinary 
                actions taken against members of the United 
                States Armed Forces, materials included in 
                training of the armed forces of foreign 
                countries, and efforts to ensure that United 
                States Government contractors do not engage in 
                trafficking in persons;
                  (I) activities or actions by Federal 
                departments and agencies to enforce--
                          (i) section 106(g) of this Act and 
                        any similar provision of law, 
                        regulation, or policy relating to 
                        United States Government contractors 
                        and their employees or United States 
                        Government subcontractors and their 
                        employees that engage in severe forms 
                        of trafficking in persons, procurement 
                        of commercial sex acts, or use of 
                        forced labor, including debt bondage;
                          (ii) section 307 of the Tariff Act of 
                        1930 (19 U.S.C. 1307; relating to 
                        prohibition on importation of convict 
                        made goods), including any 
                        determinations by the Secretary of 
                        Homeland Security to waive the 
                        restrictions of such section; and
                          (iii) prohibitions on the procurement 
                        by the United States Government of 
                        items or services produced by slave 
                        labor, consistent with Executive Order 
                        13107 (December 10, 1998); and
                  [(H)] (J) the activities undertaken by the 
                Senior Policy Operating Group to carry out its 
                responsibilities under section 105(f) of this 
                division.
    [(e) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an 
Office to Monitor and Combat Trafficking, which shall provide 
assistance to the Task Force. Any such Office shall be headed 
by a Director, who shall be appointed by the President, by and 
with the advice and consent of the Senate, with the rank of 
Ambassador-at-Large. The Director shall have the primary 
responsibility for assisting the Secretary of State in carrying 
out the purposes of this division and may have additional 
responsibilities as determined by the Secretary. The Director 
shall consult with nongovernmental organizations and 
multilateral organizations, and with trafficking victims or 
other affected persons. The Director shall have the authority 
to take evidence in public hearings or by other means. The 
agencies represented on the Task Force are authorized to 
provide staff to the Office on a nonreimbursable basis.
          [(1) Establishment.--There shall be established 
        within the executive branch a Senior Policy Operating 
        Group.
          [(2) Membership; related matters.--
                  [(A) In general.--The Operating Group shall 
                consist of the senior officials designated as 
                representatives of the appointed members of the 
                Task Force (pursuant to Executive Order No. 
                13257 of February 13, 2002).
                  [(B) Chairperson.--The Operating Group shall 
                be chaired by the Director of the Office to 
                Monitor and Combat Trafficking of the 
                Department of State.
                  [(C) Meetings.--The Operating Group shall 
                meet on a regular basis at the call of the 
                Chairperson.
          [(3) Duties.--The Operating Group shall coordinate 
        activities of Federal departments and agencies 
        regarding policies (including grants and grant 
        policies) involving the international trafficking in 
        persons and the implementation of this division.
          [(4) Availability of information.--Each Federal 
        department or agency represented on the Operating Group 
        shall fully share all information with such Group 
        regarding the department or agency's plans, before and 
        after final agency decisions are made, on all matters 
        relating to grants, grant policies, and other 
        significant actions regarding the international 
        trafficking in persons and the implementation of this 
        division.
          [(5) Regulations.--Not later than 90 days after the 
        date of the enactment of the Trafficking Victims 
        Protection Reauthorization Act of 2003, the President 
        shall promulgate regulations to implement this section, 
        including regulations to carry out paragraph (4).]
    (e) Office to Monitor and Combat Trafficking.--
          (1) Establishment.--The Secretary of State shall 
        establish within the Department of State an Office to 
        Monitor and Combat Trafficking, which shall be headed 
        by a Director, who shall be appointed by the President, 
        by and with the advice and consent of the Senate, with 
        the rank of Ambassador-at-Large.
          (2) Responsibilities.--The Director shall have the 
        following responsibilities:
                  (A) The Director shall have primary 
                responsibility for assisting the Secretary of 
                State in carrying out the purposes of this 
                division, shall provide assistance to the Task 
                Force, and may have additional responsibilities 
                as determined by the Secretary of State.
                  (B) The Director shall consult with 
                nongovernmental organizations and multilateral 
                organizations, and with trafficking victims or 
                other affected persons. The Director shall have 
                the authority to take evidence in public 
                hearings or by other means.
                  (C) The Director shall, in coordination and 
                cooperation with the Assistant Secretary for 
                International Labor Affairs and other officials 
                at the Department of State involved in 
                corporate responsibility and other relevant 
                officials of the United States Government, be 
                responsible for promoting, building, and 
                sustaining partnerships between the United 
                States Government and private entities 
                (including foundations, universities, 
                corporations, community-based organizations, 
                and other nongovernmental organizations) to 
                ensure that United States citizens do not use 
                any item, product, or material produced or 
                extracted with the use of labor from victims of 
                severe forms of trafficking and to ensure that 
                such entities do not contribute to trafficking 
                in persons involving sexual exploitation, such 
                as through work with the airlines and tourism 
                industries.
                  (D) The Director shall be responsible solely 
                for all policy, funding, and programming 
                decisions regarding funds made available for 
                trafficking in persons programs that are 
                centrally controlled by the Department of 
                State.
          (3) Coordination.--Any trafficking in persons 
        programs of the Department of State or the United 
        States Agency for International Development that are 
        not centrally controlled by the Department of State 
        shall be carried out with concurrence of the Director.

SEC. 106. PREVENTION OF TRAFFICKING.

    (a) * * *

           *       *       *       *       *       *       *

    (i) Additional Measures To Prevent and Deter Trafficking.--
The President shall establish and carry out programs to prevent 
and deter trafficking in persons. Such programs may include--
          (1) technical assistance and other support for the 
        capacity of foreign governments to investigate, 
        identify, and carry out inspections of private 
        entities, including labor recruitment centers, at which 
        trafficking victims may be exploited, particularly 
        exploitation involving forced and child labor;
          (2) technical assistance and other support for 
        foreign governments and nongovernmental organizations 
        to provide immigrant populations with information 
        regarding the rights of such populations in the foreign 
        country and any information regarding in-country 
        nongovernmental organization-operated hotlines of the 
        type described in section 107(a)(1)(A) of this Act, 
        with such information to be provided in the native 
        languages of the major immigrant groups of such 
        populations;
          (3) technical assistance to provide legal frameworks 
        and other programs to foreign governments and 
        nongovernmental organizations to ensure that foreign 
        migrant workers are provided protection equal to 
        nationals of the foreign country, that labor 
        recruitment firms are regulated, and that workers 
        providing domestic services in households are provided 
        protection under labor rights laws; and
          (4) assistance to foreign governments to register 
        vulnerable populations as citizens or nationals of the 
        country to reduce the ability of traffickers to exploit 
        such populations.

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
          (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        appropriate nongovernmental organizations, shall 
        establish and carry out programs and initiatives in 
        foreign countries to assist in the safe integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives 
        shall be designed to meet the appropriate assistance 
        needs of such persons and their children, as identified 
        by the Task Force, and shall be carried out in a manner 
        which takes into account the cross-border, regional, 
        and transnational aspects of trafficking in persons. In 
        addition, such programs and initiatives shall, to the 
        maximum extent practicable, include the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) In cooperation and coordination with the 
                United Nations High Commissioner for Refugees, 
                the International Organization of Migration, 
                and other relevant organizations, support for 
                increased protections for refugees and 
                internally displaced persons, including 
                outreach and education efforts to prevent such 
                refugees and internally displaced persons from 
                being exploited by traffickers.
          (2) Additional requirement.--In establishing and 
        conducting programs and initiatives described in 
        paragraph (1), the Secretary of State and the 
        Administrator of the United States Agency for 
        International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign 
        countries, including countries of origin of victims of 
        trafficking, to assist in the integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking, including stateless victims. In 
        carrying out this paragraph, the Secretary and the 
        Administrator shall take all appropriate steps to 
        ensure that cooperative efforts among foreign countries 
        are undertaken on a regional basis.
    (b) Victims in the United States.--
          (1) Assistance.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) Certification.--
                          (i) In general.--Subject to clause 
                        (ii), the certification referred to in 
                        subparagraph (C) is a certification by 
                        the Secretary of Health and Human 
                        Services, after [consultation with the 
                        Attorney General and the Secretary of 
                        Homeland Security, that the person] 
                        consultation with the Attorney General 
                        or the Secretary of Homeland Security, 
                        that the person referred to in 
                        subparagraph (C)(ii)(II)--
                                  (I) * * *
                                  (II)(aa) * * *
                                  (bb) is a person whose 
                                continued presence in the 
                                [United States the Secretary of 
                                Homeland Security is ensuring] 
                                United States the Secretary of 
                                Homeland Security is ensuring 
                                in order to effectuate 
                                prosecution of traffickers in 
                                persons.
                          (ii) Period of effectiveness.--A 
                        certification referred to in 
                        subparagraph (C), with respect to a 
                        person described in clause (i)(II)(bb), 
                        shall be effective only for [so long as 
                        the Attorney General and the Secretary 
                        of Homeland Security determines] so 
                        long as the Secretary of Homeland 
                        Security determines that the continued 
                        presence of such person is necessary to 
                        effectuate prosecution of traffickers 
                        in persons.

           *       *       *       *       *       *       *

                  (F) Eligibility of interim assistance for 
                child victims.--
                          (i) Determination.--With respect to a 
                        person referred to in subparagraph 
                        (C)(ii)(I) who is seeking assistance 
                        under this paragraph, if credible 
                        information is presented on behalf of 
                        the person that the person has been 
                        subjected to a severe form of 
                        trafficking in persons, the Secretary 
                        of Health and Human Services shall 
                        promptly make a determination of the 
                        person's eligibility under this 
                        paragraph.
                          (ii) Exclusive authority.--The 
                        Secretary of Health and Human Services 
                        shall have exclusive authority in 
                        making determinations of eligibility 
                        under clause (i).
                          (iii) Duration.--Assistance provided 
                        under this paragraph for an individual 
                        determined to be eligible under clause 
                        (i) may be provided for up to 90 days 
                        and may be extended for an additional 
                        30 days.
                          (iv) Sense of congress.--It is the 
                        sense of Congress that--
                                  (I) to ensure the best 
                                interests of the child and to 
                                create an increased chance of 
                                cooperation by child victims of 
                                severe forms of trafficking in 
                                persons, the United States 
                                Government should provide 
                                assistance to protect and care 
                                for such child victims during 
                                the pendency of proceedings to 
                                determine whether a child is a 
                                victim of severe forms of 
                                trafficking; and
                                  (II) in order to further the 
                                objective of subclause (I), the 
                                Secretary of Health and Human 
                                Services should make the 
                                determination of eligibility 
                                for assistance under clause (i) 
                                on the basis of the information 
                                provided and the Secretary's 
                                own assessment of such 
                                information without regard to 
                                the assessments by other 
                                departments and agencies of the 
                                United States Government 
                                regarding whether such child 
                                victim's application for relief 
                                or benefits under this Act or 
                                the Immigration and Nationality 
                                Act will be approved.
                  (G)  Notification of child victims for 
                interim assistance.--
                          (i) Federal officials.--Any Federal 
                        official who has reason to believe that 
                        a person may be a juvenile victim of 
                        trafficking referred to in subparagraph 
                        (C)(ii)(I) shall notify the Secretary 
                        of Health and Human Services not later 
                        than 48 hours after the official first 
                        learns that the person may be a 
                        juvenile victim of trafficking for the 
                        purpose of facilitating the provision 
                        of interim assistance under 
                        subparagraph (F).
                          (ii) State and local officials.--Any 
                        State or local official who has reason 
                        to believe that a person may be a 
                        juvenile victim of trafficking referred 
                        to in subparagraph (C)(ii)(I) shall 
                        notify the Secretary of Health and 
                        Human Services not later than 72 hours 
                        after the official first learns that 
                        the person may be a juvenile victim of 
                        trafficking for the purpose of 
                        facilitating the provision of interim 
                        assistance under subparagraph (F).

           *       *       *       *       *       *       *

    (c) Trafficking Victim Regulations.--Not later than 180 
days after the date of the enactment of this Act, the Attorney 
General, the Secretary of Homeland Security and the Secretary 
of State shall promulgate regulations for law enforcement 
personnel, immigration officials, and Department of State 
officials to implement the following:
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Authority to permit continued presence in the 
        united states.--Federal law enforcement officials may 
        permit an alien individual's continued presence in the 
        United States, if after an assessment, it is determined 
        that such individual is a victim of a severe form of 
        trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of 
        those responsible, and such officials in investigating 
        and prosecuting traffickers shall protect the safety of 
        trafficking victims, including taking measures to 
        protect trafficked persons and their family members 
        from intimidation, threats of reprisals, and reprisals 
        from traffickers and their associates.]
          (3) Authority to permit continued presence in the 
        united states.--
                  (A) Trafficking victims.--
                          (i) In general.--Upon application 
                        from law enforcement officials, the 
                        Secretary of Homeland Security may 
                        permit an alien's continued presence in 
                        the United States if--
                                  (I) after a prima facie 
                                assessment, the Secretary 
                                determines that such alien may 
                                be a victim of a severe form of 
                                trafficking; and
                                  (II) the Secretary is 
                                notified by such law 
                                enforcement officials that such 
                                alien may be a potential 
                                witness to such trafficking, in 
                                order to effectuate prosecution 
                                of those responsible.
                          (ii) Safety.--Federal law enforcement 
                        officials described in clause (i), in 
                        investigating and prosecuting 
                        traffickers, shall protect the safety 
                        of trafficking victims, including 
                        taking measures to protect trafficked 
                        persons and their family members from 
                        intimidation, threats of reprisals, and 
                        reprisals from traffickers and their 
                        associates.
                          (iii) Continuation of presence.--The 
                        Secretary shall continue to permit the 
                        continued presence of an alien 
                        described in clause (i) if such alien 
                        has filed a civil action under section 
                        1595 of title 18, United States Code, 
                        until such action is concluded.
                  (B) Parole for relatives.--Pursuant to 
                section 240A(b)(6) of the Immigration and 
                Nationality Act (8 U.S.C. 1229b(b)(b)), as 
                added by section 205 of the William Wilberforce 
                Trafficking Victims Protection Reauthorization 
                Act of 2007, law enforcement officials may 
                submit a written request to the Secretary of 
                Homeland Security to permit the parole into the 
                United States of certain relatives of an alien 
                described in subparagraph (A)(i).
          (4) Training of government personnel.--Appropriate 
        personnel of the Department of State [and the 
        Department of Justice], the Department of Homeland 
        Security, and the Department of Health and Human 
        Services shall be trained in identifying victims of 
        severe forms of trafficking and providing for the 
        protection of such victims, including the 
        identification of juvenile victims of trafficking. The 
        Attorney General and the Secretary of Heath and Human 
        Services shall provide education and guidance to State 
        and local officials on the identification of aliens who 
        are the victims of severe forms of trafficking, and in 
        particular child victims of trafficking, including 
        education and guidance on the requirements of 
        subsection (b)(1)(G)(ii).

           *       *       *       *       *       *       *

    (h) Assistance for United States Citizens.--
          (1) In general.--The Secretary of Health and Human 
        Services and the Attorney General, in consultation with 
        the Secretary of State and the Secretary of Labor, are 
        authorized to establish a program to provide assistance 
        to United States citizens who are victims of severe 
        forms of trafficking. In determining the types of 
        assistance that would be most beneficial for such 
        victims, the Secretary of Health and Human Services and 
        the Attorney General shall consult with nongovernmental 
        organizations that provide services to victims of 
        severe forms of trafficking in the United States.
          (2) Use of existing programs.--In addition to such 
        other specialized services as may be required for 
        victims described in paragraph (1), the program 
        established pursuant to paragraph (1) shall facilitate 
        communication and coordination between the providers of 
        assistance to such victims, and provide a means of 
        identifying such providers and making referrals to 
        programs for which such victims are already eligible 
        (including programs administered by the Department of 
        Justice and the Department of Health and Human 
        Services).
          (3) Grants.--The Secretary of Health and Human 
        Services and the Attorney General may make grants to 
        States, Indian tribes, units of local government, and 
        non-profit, nongovernmental victims' service 
        organizations to develop, expand, and strengthen victim 
        service programs authorized under this subsection. The 
        Federal share of a grant made under this subsection may 
        not exceed 75 percent of the total costs of the 
        projects described in the application submitted.

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

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

SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Minimum Standards.--For purposes of this division, the 
minimum standards for the elimination of trafficking applicable 
to the government of a country of origin, transit, or 
destination for [a significant number of] victims of severe 
forms of trafficking are the following:
          (1) * * *

           *       *       *       *       *       *       *

    (b) Criteria.--In determinations under subsection (a)(4), 
the following factors should be considered as indicia of 
serious and sustained efforts to eliminate severe forms of 
trafficking in persons:
          (1) Whether the government of the country vigorously 
        investigates and prosecutes acts of severe forms of 
        trafficking in persons, and convicts and sentences 
        persons responsible for such acts, that take place 
        wholly or partly within the territory of the country, 
        including in all appropriate cases requiring 
        incarceration of individuals convicted of such acts. 
        For purposes of the preceding sentence, suspended or 
        significantly-reduced sentences for convictions of acts 
        of severe forms of trafficking in persons shall not be 
        considered to be an indicator of serious and sustained 
        efforts to eliminate severe forms of trafficking in 
        persons. After reasonable requests from the Department 
        of State for data regarding investigations, 
        prosecutions, convictions, and sentences, a government 
        which does not provide such data, consistent with the 
        capacity of such government to obtain such data, shall 
        be presumed not to have vigorously investigated, 
        prosecuted, convicted or sentenced such acts. During 
        the periods prior to the annual report submitted on 
        June 1, 2004, and on June 1, 2005, and the periods 
        afterwards until September 30 of each such year, the 
        Secretary of State may disregard the presumption 
        contained in the preceding sentence if the government 
        has provided some data to the Department of State 
        regarding such acts and the Secretary has determined 
        that the government is making a good faith effort to 
        collect such data.
          (2) Whether the government of the country protects 
        victims of severe forms of trafficking in persons and 
        encourages their assistance in the investigation and 
        prosecution of such trafficking, including provisions 
        for legal alternatives to their removal to countries in 
        which they would face retribution or hardship, and 
        ensures that victims are not inappropriately 
        incarcerated, fined, or otherwise penalized solely for 
        unlawful acts as a direct result of being trafficked, 
        including by providing training to law enforcement and 
        immigration officials in the identification and 
        treatment of trafficking victims using approaches that 
        focus on the needs of the victims.
          (3) Whether the government of the country has adopted 
        measures to prevent severe forms of trafficking in 
        persons, such as measures to inform and educate the 
        public, including potential victims, about the causes 
        and consequences of severe forms of trafficking in 
        persons[, measures to reduce the demand for commercial 
        sex acts and for participation in international sex 
        tourism by nationals of the country], measures to 
        establish the identity of local populations, including 
        birth registration, citizenship, and nationality, 
        measures to ensure that its nationals who are deployed 
        abroad as part of a peacekeeping or other similar 
        mission do not engage in or facilitate severe forms of 
        trafficking in persons or exploit victims of such 
        trafficking, and measures to prevent the use of forced 
        labor or child labor in violation of international 
        standards.

           *       *       *       *       *       *       *

          (11) Whether the government has made serious and 
        sustained efforts to reduce the demand for commercial 
        sex acts and for participation in international sex 
        tourism by nationals of the country.

SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                    STANDARDS.

    (a) * * *
    (b) Reports to Congress.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Significant efforts.--In determinations under 
        paragraph (1) or (2) as to whether the government of a 
        country is making significant efforts to bring itself 
        into compliance with the minimum standards for the 
        elimination of trafficking, the Secretary of State 
        shall consider--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Countries on special watch list for two 
                consecutive years.--If a country is included on 
                the special watch list described in 
                subparagraph (A) for two consecutive years, 
                such country shall be included on the list of 
                countries described in paragraph (1)(C), unless 
                the Secretary of State determines that (i) the 
                country has a written plan to begin making 
                significant efforts to bring itself into 
                compliance with the minimum standards for the 
                elimination of trafficking, (ii) the plan, if 
                implemented, would constitute making such 
                significant efforts, and (iii) the country is 
                devoting sufficient resources to implement the 
                plan, and, as part of the report required by 
                paragraph (1) and the interim assessment 
                required by subparagraph (B), the Secretary 
                provides to the appropriate congressional 
                committees credible evidence that the country 
                meets the requirements of clauses (i) through 
                (iii). The Secretary may make a determination 
                under the preceding sentence with respect to a 
                country for not more than two consecutive 
                years.

           *       *       *       *       *       *       *

    (d) Presidential Determinations.--The determinations 
referred to in subsection (c) are the following:
          (1) Withholding of nonhumanitarian, nontrade-related 
        assistance.--The President has determined that--
                  (A)(i) * * *
                  (ii) in the case of a country whose 
                government received no nonhumanitarian, 
                nontrade-related foreign assistance from the 
                United States during the previous fiscal year, 
                [the United States will not provide] the United 
                States will not provide such assistance to the 
                government of the country for the subsequent 
                fiscal year and will not provide funding for 
                participation by officials or employees of such 
                governments in educational and cultural 
                exchange programs for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance; and

           *       *       *       *       *       *       *

SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
                    PERSONS.

    (a) In General.--The President, acting through the Council 
of Economic Advisors, the National Research Council of the 
National Academies, the Secretary of Labor, the Secretary of 
Health and Human Services, the Attorney General, the Secretary 
of State, the Administrator of the United States Agency for 
International Development, and the Director of National 
Intelligence, shall carry out research, including by providing 
grants to nongovernmental organizations, as well as relevant 
United States Government agencies and international 
organizations, which furthers the purposes of this division and 
provides data to address the problems identified in the 
findings of this division. Such research initiatives shall, to 
the maximum extent practicable, include, but not be limited to, 
the following:
          (1) * * *

           *       *       *       *       *       *       *

          (5) An effective mechanism for quantifying the number 
        of victims of trafficking on a national, regional, and 
        international basis. Such mechanism shall include, not 
        later than two years after the date of the enactment of 
        the William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2007, the establishment of an 
        integrated data base by combining all applicable data 
        collected by each Federal department and agency 
        represented on the Interagency Task Force to Monitor 
        and Combat Trafficking (established under section 105 
        of this Act) and, to the maximum extent practicable, 
        applicable data from relevant international 
        organizations, for the purposes of improving 
        coordination of the collection of data related to 
        trafficking in persons by each agency of the United 
        States Government that collects such data, promoting 
        uniformity of such data collection and standards and 
        systems related to such collection, and undertaking a 
        meta-analysis of patterns of trafficking in persons, 
        slavery, and slave-like conditions.

           *       *       *       *       *       *       *

    (b) Role of Human Smuggling and Trafficking Center.--The 
research initiatives described in subsection (a)(4) and the 
second sentence of subsection (a)(5) shall be carried out by 
the Human Smuggling and Trafficking Center (established 
pursuant to section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458)).

           *       *       *       *       *       *       *

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

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

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Task 
Force.--To carry out the purposes of sections [104,] 105(e), 
105(f) and 110, there are authorized to be appropriated to the 
Secretary of State [$1,500,000 for fiscal year 2001, $3,000,000 
for each of the fiscal years 2002 and 2003, $5,000,000 for each 
of the fiscal years 2004 and 2005, and $5,500,000 for each of 
the fiscal years 2006 and 2007] $5,000,000 for each of the 
fiscal years 2008 through 2011. In addition, there are 
authorized to be appropriated to the Office to Monitor and 
Combat Trafficking $1,500,000 for additional personnel for each 
of the fiscal years 2008 through 2011 for official reception 
and representation expenses $3,000 for each of the fiscal years 
[2006 and 2007] 2008 through 2011.
    (b) Authorization of Appropriations to the Secretary of 
Health and Human Services.--To carry out the purposes of 
section 107(b), there are authorized to be appropriated to the 
Secretary of Health and Human Services [$5,000,000 for fiscal 
year 2001 and $10,000,000 for fiscal year 2002 and $15,000,000 
for each of the fiscal years 2004, 2005, 2006, and 2007] 
$15,000,000 for each of the fiscal years 2008 through 2011. To 
carry out the purposes of section 107(h), there are authorized 
to be appropriated to the Secretary of Health and Human 
Services $2,500,000 for fiscal year 2008, $5,000,0000 for 
fiscal year 2009, $10,000,000 for fiscal year 2010, and 
$15,000,000 for fiscal year 2011.
    (c) Authorization of Appropriations to the Secretary of 
State.--
          (1) Bilateral assistance to combat trafficking.--
                  (A) Prevention.--To carry out the purposes of 
                section 106, there are authorized to be 
                appropriated to the Secretary of State 
                $10,000,000 for each of the fiscal years [2004, 
                2005, 2006, and 2007] 2008 through 2011.
                  (B) Protection.--To carry out the purposes of 
                section 107(a), there are authorized to be 
                appropriated to the Secretary of State 
                [$15,000,000] $10,000,000 for fiscal year 2003 
                and $10,000,000 for each of the fiscal years 
                [2004, 2005, 2006, and 2007] 2008 through 2011. 
                To carry out the purposes of section 
                107(a)(1)(F), there are authorized to be 
                appropriated to the Secretary of State $500,000 
                for fiscal year 2008, $750,000 for fiscal year 
                2009, and $1,000,000 for each of the fiscal 
                years 2010 and 2011.
                  (C) Prosecution and meeting minimum 
                standards.--To carry out the purposes of 
                section 134 of the Foreign Assistance Act of 
                1961 (as added by section 109), there are 
                authorized to be appropriated $10,000,000 for 
                each of the fiscal years [2004, 2005, 2006, and 
                2007] 2008 through 2011 to assist in promoting 
                prosecution of traffickers and otherwise to 
                assist countries in meeting the minimum 
                standards described in section 108 of this Act, 
                including $250,000 for each such fiscal year to 
                carry out training activities for law 
                enforcement officers, prosecutors, and members 
                of the judiciary with respect to trafficking in 
                persons at the International Law Enforcement 
                Academies.
          [(2) Voluntary contributions to osce.--To carry out 
        the purposes of section 109, there is authorized to be 
        appropriated to the Secretary of State for each of the 
        fiscal years 2001 through 2005 $300,000 for voluntary 
        contributions to advance projects aimed at preventing 
        trafficking, promoting respect for human rights of 
        trafficking victims, and assisting the Organization for 
        Security and Cooperation in Europe participating states 
        in related legal reform for such fiscal year.]
          [(3)] (2) Preparation of annual country reports on 
        human rights.--To carry out the purposes of [section 
        104] sections 116(f) and 502B(h) of the Foreign 
        Assistance Act of 1961 (as added by section 104), there 
        are authorized to be appropriated to the Secretary of 
        State such sums as may be necessary to include the 
        additional information required by that section in the 
        annual Country Reports on Human Rights Practices[, 
        including the preparation and publication of the list 
        described in subsection (a)(1) of that section].
    (d) Authorization of Appropriations to Attorney General.--
To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Attorney General 
$5,000,000 for fiscal year 2001 and [$10,000,000 for fiscal 
year 2002 and $15,000,000 for each of the fiscal years 2004, 
2005, 2006, and 2007] $15,000,000 for each of the fiscal years 
2008 through 2011. To carry out the purposes of section 134 of 
the Foreign Assistance Act of 1961 (as added by section 109), 
there are authorized to be appropriated to the President, 
acting through the Attorney General and the Secretary of State, 
[$250,000 for each of fiscal years 2004, 2005, 2006, and 2007] 
$500,000 for each of the fiscal years 2008 through 2011 to 
carry out training activities for law enforcement officers, 
prosecutors, and members of the judiciary with respect to 
trafficking in persons at the International Law Enforcement 
Academies. To carry out the purposes of section 107(h), there 
are authorized to be appropriated to the Attorney General 
$2,500,000 for fiscal year 2008, $5,000,0000 for fiscal year 
2009, $10,000,000 for fiscal year 2010, and $15,000,000 for 
fiscal year 2011.
    (e) Authorization of Appropriations to President.--
          (1) Foreign victim assistance.--To carry out the 
        purposes of section 106, there are authorized to be 
        appropriated to the President [$5,000,000 for fiscal 
        year 2001, $10,000,000 for fiscal year 2002, and 
        $15,000,000 for each of the fiscal years 2003 through 
        2007] $15,000,000 for each of the fiscal years 2008 
        through 2011.
          (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of [section 109] 
        section 134 of the Foreign Assistance Act of 1961 (as 
        added by section 109), there are authorized to be 
        appropriated to the President [$5,000,000 for fiscal 
        year 2001, $10,000,000 for fiscal year 2002, and 
        $15,000,000 for each of the fiscal years 2003 through 
        2007] $15,000,000 for each of the fiscal years 2008 
        through 2011.
          (3) Research.--To carry out the purposes of section 
        112A, there are authorized to be appropriated to the 
        President [$300,000 for each of the fiscal years 2004 
        through 2007] $500,000 for each of the fiscal years 
        2008 through 2011.
    (f) Authorization of Appropriations to the Secretary of 
Labor.--To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Labor 
[$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
year 2002 and $10,000,000 for each of the fiscal years 2004, 
2005, 2006, and 2007] $15,000,000 for each of the fiscal years 
2008 through 2011.

           *       *       *       *       *       *       *

    (h) Authorization of Appropriations to Director of the 
FBI.--There are authorized to be appropriated to the Director 
of the Federal Bureau of Investigation $15,000,000 for [fiscal 
year 2006] each of the fiscal years 2008 through 2011, to 
remain available until expended, to investigate severe forms of 
trafficking in persons.
    (i) Authorization of Appropriations to the Secretary of 
Homeland Security.--There are authorized to be appropriated to 
the Secretary of Homeland Security, [$18,000,000 for each of 
the fiscal years 2006 and 2007] $18,000,000 for each of the 
fiscal years 2008 through 2011, to remain available until 
expended, for investigations by the Bureau of Immigration and 
Customs Enforcement of severe forms of trafficking in persons.
                              ----------                              

           SECTION 134 OF THE FOREIGN ASSISTANCE ACT OF 1961

SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR 
                    THE ELIMINATION OF TRAFFICKING.

    (a) Authorization.--The President is authorized to provide 
assistance to foreign countries directly, or through 
nongovernmental and multilateral organizations, for programs, 
projects, and activities designed to meet the minimum standards 
for the elimination of trafficking (as defined in section 103 
of the Trafficking Victims Protection Act of 2000), including--
          (1) * * *
          (2) the investigation and prosecution of traffickers, 
        including investigation of individuals and entities 
        that may be involved in trafficking in persons 
        involving sexual exploitation;

           *       *       *       *       *       *       *

                              ----------                              

                    IMMIGRATION AND NATIONALITY ACT

      Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
this Act, divided into titles, chapters, and sections according 
to the following table of contents, may be cited as the 
``Immigration and Nationality Act''.

                            TABLE OF CONTENTS

                            Title I--General

Sec. 101.  Definitions.
     * * * * * * *

                   chapter 8--general penalty provisions

Sec. 271.  Prevention of unauthorized landing of aliens.
     * * * * * * *
[Sec. 278.  Importation of alien for immoral purpose.]
Sec. 278.  Aliens in prostitution.

           *       *       *       *       *       *       *

                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
    (1) * * *

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
          (A) * * *

           *       *       *       *       *       *       *

          (T)(i) subject to section 214(o), an alien who the 
        Secretary of Homeland Security[, or in the case of 
        subclause (III)(aa) the Secretary of Homeland Security 
        and the Attorney General jointly;] determines--
          (I) is or has been a victim of a severe form of 
        trafficking in persons, as defined in section 103 of 
        the Trafficking Victims Protection Act of 2000[,];
          (II) is physically present in the United States, 
        American Samoa, or the Commonwealth of the Northern 
        Mariana Islands, or at a port of entry thereto, on 
        account of such trafficking, including physical 
        presence on account of the alien having been allowed 
        entry into the United States for participation in 
        investigative or judicial processes;
          (III)(aa) has complied with any reasonable request 
        for assistance in the Federal, State or local 
        investigation or prosecution of acts of trafficking or 
        the investigation of crime where acts of trafficking 
        are at least one central reason for the commission of 
        that crime; [or]
          (bb) in the Secretary's sole and unreviewable 
        discretion, that the alien is unlikely or unable to 
        cooperate with such a request due to physical or 
        psychological trauma; or
          [(bb)] (cc) has not attained 18 years of age[, and]; 
        and
          (IV) the alien would suffer extreme hardship 
        [involving unusual and severe harm] upon removal; and
          (ii) if accompanying, or following to join, the alien 
        described in clause (i)--
          (I) * * *
          (II) in the case of an alien described in clause (i) 
        who is 21 years of age or older, the spouse and 
        children of such [alien; and] alien and any parents or 
        siblings of such alien who establish a present danger 
        of retaliation as a result of the alien's cooperation 
        with law enforcement.
          [(iii) if the Secretary of Homeland Security, in his 
        or her discretion and with the consultation of the 
        Attorney General, determines that a trafficking victim, 
        due to psychological or physical trauma, is unable to 
        cooperate with a request for assistance described in 
        clause (i)(III)(aa), the request is unreasonable.]

           *       *       *       *       *       *       *

    (27) The term ``special immigrant'' means--
          (A) * * *

           *       *       *       *       *       *       *

          (J) an immigrant who is present in the United 
        States--
                  (i) who has been declared dependent on a 
                juvenile court located in the United States or 
                whom such a court has legally committed to, or 
                placed under the custody of, an agency or 
                department of a [State and who has been deemed 
                eligible by that court for long-term foster 
                care due to abuse, neglect, or abandonment;] 
                State, or an individual or entity appointed by 
                a State or juvenile court located in the United 
                States, and whose reunification with one or 
                both of the immigrant's parents is not viable 
                due to abuse, neglect, abandonment, or a 
                similar basis found under State law;

           *       *       *       *       *       *       *

                  (iii) in whose case [the Attorney General 
                expressly consents to the dependency order 
                serving as a precondition to the grant of 
                special immigrant juvenile status;] the 
                Secretary of Homeland Security consents to the 
                grant of special immigrant juvenile status, 
                except that--
                          (I) no juvenile court has 
                        jurisdiction to determine the custody 
                        status or placement of an alien [in the 
                        actual or constructive custody of the 
                        Attorney General unless the Attorney 
                        General specifically consents to such 
                        jurisdiction;] in the custody of the 
                        Secretary of Health and Human Services 
                        unless the Secretary of Health and 
                        Human Services specifically consents to 
                        such jurisdiction; and

           *       *       *       *       *       *       *

                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *

                                 ASYLUM

    Sec. 208. (a) Authority To Apply for Asylum.--
          (1)
          (2) Exceptions.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) Applicability.--Subparagraphs (A) and (B) 
                shall not apply to an unaccompanied alien child 
                (as defined in section 462(g) of the Homeland 
                Security Act of 2002 (6 U.S.C. 279(g))).

           *       *       *       *       *       *       *

    (b) Conditions for Granting Asylum.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Treatment of spouse and children.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Initial jurisdiction.--An asylum officer 
                (as defined in section 235(b)(1)(E)) shall have 
                initial jurisdiction over any asylum 
                application filed by an unaccompanied alien 
                child (as defined in section 462(g) of the 
                Homeland Security Act of 2002 (6 U.S.C. 
                279(g))), regardless of whether filed in 
                accordance with this section or section 235(b).

           *       *       *       *       *       *       *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *

 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE 
               FOR ADMISSION; WAIVERS OF INADMISSIBILITY

      Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
          (1) * * *
          (2) Criminal and related grounds.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (H) Significant traffickers in persons.--
                          (i) In general.--Any alien who is 
                        listed in a report submitted pursuant 
                        to section 111(b) of the Trafficking 
                        Victims Protection Act of 2000, or who 
                        the [consular officer] consular 
                        officer, the Secretary of State, or the 
                        Attorney General knows or has reason to 
                        believe is or has been a knowing aider, 
                        abettor, assister, conspirator, or 
                        colluder with such a trafficker in 
                        severe forms of trafficking in persons, 
                        as defined in the section 103 of such 
                        Act, is inadmissible.

           *       *       *       *       *       *       *

                       ADMISSION OF NONIMMIGRANTS

    Sec. 214. (a) * * *

           *       *       *       *       *       *       *

    (o)(1) * * *

           *       *       *       *       *       *       *

    (8)(A) If the Secretary of Homeland Security, in the 
Secretary's discretion and with the consultation of the 
Attorney General, determines that a trafficking victim, due to 
psychological or physical trauma, is unable to cooperate with a 
request for assistance described in section 
101(a)(15)(T)(i)(III)(aa), the request is unreasonable.
    (B) In determining whether extreme hardship described in 
section 101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland 
Security, in consultation with investigators, prosecutors, and 
relevant individuals responsible for working with victims and 
witnesses shall consider whether the country to which the alien 
is likely to be removed can adequately address security 
concerns and the mental and physical health needs of the alien 
and of persons described in section 101(a)(15)(T)(ii).

           *       *       *       *       *       *       *

    (s) A visa shall not be issued under the subparagraph 
(A)(iii), (G)(v), (H), (J), (L), (Q), or (R) of section 
101(a)(15) until the consular officer--
          (1) has provided to and reviewed with the applicant, 
        in the applicant's language (or a language the 
        applicant understands), a copy of the information and 
        resources pamphlet required by section 202 of the 
        William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2007; and
          (2) has reviewed and made a part of the visa file the 
        foreign labor recruiter disclosures required by such 
        section 202.

           *       *       *       *       *       *       *

   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *

                  GENERAL CLASSES OF DEPORTABLE ALIENS

    Sec. 237. (a)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

             CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

    Sec. 240A. (a) * * *
    (b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Relatives of trafficking victims.--
                  (A) In general.--Upon written request by a 
                law enforcement official, the Secretary of 
                Homeland Security shall grant parole under 
                section 212(d)(5) to any alien who is a 
                relative of an alien granted continued presence 
                pursuant to section 107(c)(3)(A) of the 
                Trafficking Victims Protection Act (22 U.S.C. 
                7105(c)(3)(A)), if the relative was, on the 
                date on which law enforcement applied for such 
                continued presence--
                          (i) in the case of an alien granted 
                        continued presence who is under 21 
                        years of age, the spouse, child, 
                        parent, or unmarried sibling under 18 
                        years of age, of the alien; or
                          (ii) in the case of an alien granted 
                        continued presence who is 21 years of 
                        age or older, the spouse or child of 
                        the alien, or a parent or sibling of 
                        the alien who establishes a present 
                        danger of retaliation as a result of 
                        the alien's cooperation with law 
                        enforcement.
                  (B) Duration of parole.--
                          (i) In general.--The grant of parole 
                        under subparagraph (A) shall extend 
                        until the date an application filed by 
                        the principal alien under section 
                        101(a)(15)(T)(ii) has been finally 
                        adjudicated.
                          (ii) Other limits on duration.--If no 
                        such application is filed, the grant of 
                        parole shall extend until the later 
                        of--
                                  (I) the date on which the 
                                principal alien's continued 
                                presence in the United States 
                                under section 107(c)(3)(A) of 
                                the Trafficking Victims 
                                Protection Act (22 U.S.C. 
                                7105(c)(3)(A)) is terminated; 
                                or
                                  (II) the date on which a 
                                civil action filed by the 
                                principal alien under section 
                                1595 of title 18, United States 
                                Code, is concluded.
                          (iii) Due diligence.--Failure by the 
                        principal alien to exercise due 
                        diligence in filing a visa petition on 
                        behalf of an alien described in clause 
                        (i) or (ii) of subparagraph (A) may 
                        result in revocation of parole.

           *       *       *       *       *       *       *

               Chapter 5--Adjustment and Change of Status

  ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR 
                          PERMANENT RESIDENCE

    Sec. 245. (a) * * *

           *       *       *       *       *       *       *

    (h) In applying this section to a special immigrant 
described in section 101(a)(27)(J)--
          (1) * * *
          (2) in determining the alien's admissibility as an 
        immigrant--
                  [(A) paragraphs (4), (5)(A), and (7)(A) of 
                section 212(a) shall not apply, and]
                  (A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
                (6)(D), (7)(A), 9(B), and 9(C)(i)(I) of section 
                212(a) shall not apply; and

           *       *       *       *       *       *       *

    (l)(1) If, in the opinion of the Secretary of Homeland 
Security[, or in the case of subparagraph (C)(i), the Attorney 
General,,] a nonimmigrant admitted into the United States under 
section 101(a)(15)(T)(i)--
          (A) has been physically present in the United States 
        for a continuous period of at least 3 years since the 
        date of admission as a nonimmigrant under section 
        101(a)(15)(T)(i), or has been physically present in the 
        United States for a continuous period during the 
        investigation or prosecution of acts of trafficking and 
        that, in the opinion of the [Attorney General,] 
        Secretary of Homeland Security, the investigation or 
        prosecution is complete, whichever period of time is 
        less;
          (B) subject to paragraph (6), has, throughout such 
        period, been a person of good moral character, and
          (C)(i)  * * *
          (ii) the alien would suffer extreme hardship 
        [involving unusual and severe harm] upon removal from 
        the United States,
the Secretary of Homeland Security[, or in the case of 
subparagraph (C)(i), the Attorney General,] may adjust the 
status of the alien (and any person admitted under section 
101(a)(15)(T)(ii) as the spouse, parent, sibling, or child of 
the alien) to that of an alien lawfully admitted for permanent 
residence.

           *       *       *       *       *       *       *

    (6) For purposes of paragraph (1)(B), the Secretary of 
Homeland Security, in the Secretary's sole and unreviewable 
discretion, may waive consideration of a disqualification from 
good moral character (described in section 101(f)) with respect 
to an alien if the disqualification was caused by, or was 
incident to, the trafficking described in section 
101(a)(15)(T)(i)(I).
    (m)(1) Secretary of Homeland Security may adjust the status 
of an alien admitted into the United States (or otherwise 
provided nonimmigrant status) under section 101(a)(15)(U) to 
that of an alien lawfully admitted for permanent residence if 
the alien is not described in section 212(a)(3)(E), [unless the 
Attorney General] unless the Secretary determines based on 
affirmative evidence that the alien unreasonably refused to 
provide assistance in a criminal investigation or prosecution, 
if--
          (A) * * *

           *       *       *       *       *       *       *

Chapter 8--General Penalty Provisions

           *       *       *       *       *       *       *

               [IMPORTATION OF ALIEN FOR IMMORAL PURPOSE

    [Sec. 278. The importation into the United States of any 
alien for the purpose of prostitution, or for any other immoral 
purpose, is hereby forbidden. Whoever shall, directly or 
indirectly, import, or attempt to import into the United States 
any alien for the purpose of prostitution or for any other 
immoral purpose, or shall hold or attempt to hold any alien for 
any such purpose in pursuance of such illegal importation, or 
shall keep, maintain, control, support, employ, or harbor in 
any house or other place, for the purpose of prostitution or 
for any other immoral purpose, any alien, in pursuance of such 
illegal importation, shall be fined under title 18, United 
States Code, or imprisoned not more than 10 years, or both. The 
trial and punishment of offenses under this section may be in 
any district to or into which such alien is brought in 
pursuance of importation by the person or persons accused, or 
in any district in which a violation of any of the provisions 
of this section occurs. In all prosecutions under this section, 
the testimony of a husband or wife shall be admissible and 
competent evidence against each other.]

                         ALIENS IN PROSTITUTION

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

           *       *       *       *       *       *       *

                              ----------                              

    SECTION 431 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 
                       RECONCILIATION ACT OF 1996

SEC. 431. DEFINITIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Treatment of Certain Battered Aliens as Qualified 
Aliens.--For purposes of this title, the term ``qualified 
alien'' includes--
          (1) * * *
          (2) an alien--
                  (A) * * *
                  (B) who meets the requirement of subparagraph 
                (B) of paragraph (1); [or]
          (3) an alien child who--
                  (A) * * *
                  (B) who meets the requirement of subparagraph 
                (B) of paragraph (1)[.] or;
          (4) an alien who has applied for and not been denied, 
        or who holds, status as a nonimmigrant under clause (i) 
        or (ii) of section 101(a)(15)(T) of the Immigration and 
        Nationality Act.
This subsection shall not apply to an alien during any period 
in which the individual responsible for such battery or cruelty 
resides in the same household or family eligibility unit as the 
individual subjected to such battery or cruelty.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *

                   CHAPTER 73--OBSTRUCTION OF JUSTICE

Sec.
1501.    Assault on process server.
     * * * * * * *
1521.    Retaliation in foreign labor contracting.

           *       *       *       *       *       *       *

Sec. 1521. Retaliation in foreign labor contracting

    (a)(1) Whoever knowingly uses intimidation, threatens, or 
corruptly persuades another person, or attempts to do so, or 
engages in misleading conduct toward another person, with 
intent to prevent or to retaliate against such person for--
          (A) the disclosure of information by such person 
        concerning violations with respect to aliens of the 
        provisions of employment-based immigration programs or 
        any other Federal labor or employment law; or
          (B) the cooperation of such person in an 
        investigation or other proceeding concerning compliance 
        with respect to aliens with the requirements of 
        employment-based immigration programs or any other 
        Federal labor or employment law,
shall be punished as provided in paragraph (2).
    (2) A violator of paragraph (1) shall--
          (A) if death results from the violation, or if the 
        violation includes kidnapping or an attempt to kidnap, 
        aggravated sexual abuse, or the attempt to commit 
        aggravated sexual abuse, or an attempt to kill, be 
        fined under this title or imprisoned for any term of 
        years or life, or both;
          (B) if the offense resulted in bodily injury, but not 
        death, be fined under this title or imprisoned for not 
        more than 10 years, or both; or
          (C) in any other case, be fined under this title or 
        imprisoned not more than 5 years, or both.
    (b) An individual who is the victim of an offense under 
this section may, in a civil action, recover damages (including 
reasonable attorneys' fees) for the harm done the victim by 
that offense. Any civil action filed under this section shall 
be stayed during the pendency of any criminal action arising 
out of the same occurrence in which the claimant is the victim.
    (c) For the purposes of this section, the term 
``employment-based immigration'' means a nonimmigrant visa 
issued for the purpose of employment, student exchange 
employment, or job training in the United States, including 
those issued under subparagraph (A)(iii), (G)(v), (H), (J), 
(L), (Q), or (R) of section 101(a)(15) of the Immigration and 
Nationality Act.

           *       *       *       *       *       *       *

        CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS

Sec.
1581.    Peonage; obstructing enforcement.
     * * * * * * *
     * * * * * * *
[1592.    Unlawful conduct with respect to documents in furtherance of 
          trafficking, peonage, slavery, involuntary servitude, or 
          forced labor.]
1592.    Unlawful compelled service.
     * * * * * * *
1596.    Additional jurisdiction in certain trafficking offenses.

           *       *       *       *       *       *       *

Sec. 1591. Sex trafficking of children or by force, fraud, or coercion

    (a) Whoever knowingly--
          (1) in or affecting interstate or foreign commerce, 
        or within the special maritime and territorial 
        jurisdiction of the United States, recruits, entices, 
        harbors, transports, provides, or obtains by any means 
        a person; or
          (2) benefits, financially or by receiving anything of 
        value, from participation in a venture which has 
        engaged in an act described in violation of paragraph 
        (1),
knowing that force, fraud, or coercion described in subsection 
(c)(2) will be used to cause the person to engage in a 
commercial sex act, or [that the person has not attained the 
age of 18 years and] that the person (being a person who has 
not attained the age of 18 years) will be caused to engage in a 
commercial sex act, shall be punished as provided in subsection 
(b). In a prosecution under this subsection, the Government 
need not prove that the defendant knew that the person had not 
attained the age of 18 years.

           *       *       *       *       *       *       *

[Sec. 1592. Unlawful conduct with respect to documents in furtherance 
                    of trafficking, peonage, slavery, involuntary 
                    servitude, or forced labor

    [(a) Whoever knowingly destroys, conceals, removes, 
confiscates, or possesses any actual or purported passport or 
other immigration document, or any other actual or purported 
government identification document, of another person--
          [(1) in the course of a violation of section 1581, 
        1583, 1584, 1589, 1590, 1591, or 1594(a);
          [(2) with intent to violate section 1581, 1583, 1584, 
        1589, 1590, or 1591; or
          [(3) to prevent or restrict or to attempt to prevent 
        or restrict, without lawful authority, the person's 
        liberty to move or travel, in order to maintain the 
        labor or services of that person, when the person is or 
        has been a victim of a severe form of trafficking in 
        persons, as defined in section 103 of the Trafficking 
        Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 
5 years, or both.
    [(b) Subsection (a) does not apply to the conduct of a 
person who is or has been a victim of a severe form of 
trafficking in persons, as defined in section 103 of the 
Trafficking Victims Protection Act of 2000, if that conduct is 
caused by, or incident to, that trafficking.]

Sec. 1592. Unlawful compelled service

    (a) Generally.--Whoever knowingly, with intent to obtain or 
maintain the labor or services of a person or to obtain or 
maintain a person for use in a commercial sex act (as defined 
in section 1591)--
          (1) destroys, conceals, removes, confiscates, or 
        possesses any actual or purported passport or other 
        immigration document, or any other actual or purported 
        government identification document, of another person 
        to prevent or restrict or to attempt to prevent or 
        restrict, without lawful authority, the persons ability 
        to move or travel;
          (2) improperly uses a position of real or apparent 
        governmental authority;
          (3) asserts as fact, exposes, or threatens to expose, 
        a matter, whether true or false, tending to subject 
        some person to hatred, contempt or ridicule; or
          (4) exposes any person to bankruptcy or other 
        financial harm,
shall be punished as provided in subsection (b).
    (b) Punishment.--A violator of subsection (a) shall--
          (1) if the offense involved a violation of subsection 
        (a)(1) or (2), or a violation of subsection (a)(3) in 
        which bodily injury, incarceration, or deportation 
        occurred as a result of the blackmail, be fined under 
        this title or imprisoned not more than 5 years, or 
        both;
          (2) if the offense involved a violation of subsection 
        (a)(3) not resulting in bodily injury or incarceration, 
        or a violation of subsection (a)(4) in which bankruptcy 
        or financial harm occurred and the loss of at least one 
        person was over ten thousand dollars, be fined under 
        this title or imprisoned not more than 3 years, or 
        both; and
          (3) in any other case, be fined under title 18, 
        United States Code, or imprisoned not more than one 
        year, or both.
    (c) Definition.--For purposes of this paragraph, 
``financial harm'' includes the factors set forth in section 
892(b) of this title, and fees charged for foreign labor 
contracting activity, as defined in section 202(g) of the 
William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2007, that are not reasonably related to 
services provided to the foreign worker.

Sec. 1593. Mandatory restitution

    (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

    (4) The distribution of proceeds among multiple victims in 
an order of restitution under this section shall govern the 
distribution of forfeited funds through the processes of 
remission or restoration under this section or any other 
statute that explicitly authorizes restoration or remission of 
forfeited property.

           *       *       *       *       *       *       *

Sec. 1594. General provisions

    (a) * * *
    (b) [The court,] Subject to remission or restoration, the 
court, in imposing sentence on any person convicted of a 
violation of this chapter, shall order, in addition to any 
other sentence imposed and irrespective of any provision of 
State law, that such person shall forfeit to the United 
States--
          (1) such person's interest in any property, real or 
        personal, that was used or intended to be used to 
        commit or to facilitate the commission of such 
        violation; and
          (2) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, 
        directly or indirectly, as a result of such violation.
    (c)(1) * * *

           *       *       *       *       *       *       *

    (3) The Attorney General shall grant restoration or 
remission of property to victims of an offense under this 
chapter that result in forfeiture under this section or under 
any other statute that explicitly authorizes restoration or 
remission of forfeited property.
    (4) In a prosecution brought under any other provision of 
Federal law, the Attorney General may grant restoration or 
remission of property to victims of severe forms of trafficking 
as defined in section 103 of the Trafficking Victims Protection 
Act of 2000, in accordance with section 1594(b)(4).

           *       *       *       *       *       *       *

Sec. 1595. Civil remedy

    (a) An individual who is a victim of a violation [of 
section 1589, 1590, or 1591] of this chapter may bring a civil 
action against the perpetrator (or any person who knowingly 
benefits, financially or by receiving anything of value from 
participation in a venture which has engaged in an act in 
violation of this chapter) in an appropriate district court of 
the United States and may recover damages and reasonable 
attorneys fees.

           *       *       *       *       *       *       *

    (c) No action shall be maintained under this section unless 
it is commenced within 10 years after the cause of action 
arose.

Sec. 1596. Additional jurisdiction in certain trafficking offenses

    (a) In General.--In addition to any domestic or extra-
territorial jurisdiction otherwise provided by law, the courts 
of the United States have extra-territorial jurisdiction over 
any offense (or any attempt or conspiracy to commit an offense) 
under section 1581, 1583, 1584, 1589, 1590, or 1591 if--
          (1) an alleged offender or victim of the offense is a 
        national of the United States or an alien lawfully 
        admitted for permanent residence (as those terms are 
        defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)); or
          (2) an alleged offender is present in the United 
        States, irrespective of the nationality of the alleged 
        offender.
    (b) Limitation on Prosecutions of Offenses Prosecuted in 
Other Countries.--No prosecution may be commenced against a 
person under this section if a foreign government, in 
accordance with jurisdiction recognized by the United States, 
has prosecuted or is prosecuting such person for the conduct 
constituting such offense, except upon the approval of the 
Attorney General or the Deputy Attorney General (or a person 
acting in either such capacity), which function of approval may 
not be delegated.

           *       *       *       *       *       *       *

  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

Sec.
2421.    Transportation generally.
     * * * * * * *
2423A.    Sex tourism.

           *       *       *       *       *       *       *

Sec. 2422. Coercion and enticement

    (a) Whoever knowingly persuades, induces, entices, or 
coerces any individual to travel in or affecting interstate or 
foreign commerce, in the special maritime and territorial 
jurisdiction of the United States, or in any Territory or 
Possession of the United States, to engage in prostitution, or 
in any sexual activity for which any person can be charged with 
a criminal offense, or attempts to do so, shall be fined under 
this title or imprisoned not more than 20 years, or both.

           *       *       *       *       *       *       *

Sec. 2423. Transportation of minors

    (a) Transportation With Intent To Engage in Criminal Sexual 
Activity.--A person who knowingly transports an individual who 
has not attained the age of 18 years in interstate or foreign 
commerce, or in any commonwealth, territory or possession of 
the United States, with intent that the individual engage in 
prostitution, or in any sexual activity for which any person 
can be charged with a criminal offense, shall be fined under 
this title and imprisoned not less than 10 years or for life.
    [(b) Travel With Intent To Engage in Illicit Sexual 
Conduct.--A person who travels in interstate commerce or 
travels into the United States, or a United States citizen or 
an alien admitted for permanent residence in the United States 
who travels in foreign commerce, for the purpose of engaging in 
any illicit sexual conduct with another person shall be fined 
under this title or imprisoned not more than 30 years, or both.
    [(c) Engaging in Illicit Sexual Conduct in Foreign 
Places.--Any United States citizen or alien admitted for 
permanent residence who travels in foreign commerce, and 
engages in any illicit sexual conduct with another person shall 
be fined under this title or imprisoned not more than 30 years, 
or both.
    [(d) Ancillary Offenses.--Whoever, for the purpose of 
commercial advantage or private financial gain, arranges, 
induces, procures, or facilitates the travel of a person 
knowing that such a person is traveling in interstate commerce 
or foreign commerce for the purpose of engaging in illicit 
sexual conduct shall be fined under this title, imprisoned not 
more than 30 years, or both.
    [(e) Attempt and Conspiracy.--Whoever attempts or conspires 
to violate subsection (a), (b), (c), or (d) shall be punishable 
in the same manner as a completed violation of that subsection.
    [(f) Definition.--As used in this section, the term 
``illicit sexual conduct'' means (1) a sexual act (as defined 
in section 2246) with a person under 18 years of age that would 
be in violation of chapter 109A if the sexual act occurred in 
the special maritime and territorial jurisdiction of the United 
States; or (2) any commercial sex act (as defined in section 
1591) with a person under 18 years of age.
    [(g) Defense.--In a prosecution under this section based on 
illicit sexual conduct as defined in subsection (f)(2), it is a 
defense, which the defendant must establish by a preponderance 
of the evidence, that the defendant reasonably believed that 
the person with whom the defendant engaged in the commercial 
sex act had attained the age of 18 years.]

Sec. 2423A. Sex tourism

    (a) Travel With Intent To Engage in Illicit Sexual 
Conduct.--A person who travels in interstate commerce or 
travels into the United States, or a United States citizen or 
an alien admitted for permanent residence in the United States 
who travels in foreign commerce, for the purpose of engaging in 
any illicit sexual conduct with another person shall be fined 
under this title or imprisoned not more than 10 years, or both.
    (b) Engaging in Illicit Sexual Conduct in Foreign Places.--
Any United States citizen or alien admitted for permanent 
residence who travels in foreign commerce, and engages in any 
illicit sexual conduct with another person shall be fined under 
this title or imprisoned not more than 10 years, or both.
    (c) Arranging Travel and Related Conduct.--Whoever, for the 
purpose of commercial advantage or private financial gain, 
arranges, induces, procures, or facilitates the travel of a 
person knowing that such a person is traveling in interstate 
commerce or foreign commerce for the purpose of engaging in 
illicit sexual conduct shall be fined under this title, 
imprisoned not more than 10 years, or both.
    (d) Increased Penalty for Offenses Involving Children.--If 
the illicit sexual conduct is with a child, the maximum term of 
imprisonment for an offense under this section is 30 years.
    (e) Attempt and Conspiracy.--Whoever attempts or conspires 
to violate this section shall be punishable in the same manner 
as for the completed violation.
    (f) Definitions.--As used in this section--
          (1) the term ``illicit sexual conduct'' means--
                  (A) a sexual act (as defined in section 2246) 
                that would be in violation of chapter 109A if 
                the sexual act occurred in the special maritime 
                and territorial jurisdiction of the United 
                States; or
                  (B) any commercial sex act (as defined in 
                section 1591); and
          (2) the term ``child'' means a person under 18 years 
        of age.
    (g) Defense.--In a prosecution under this section for a 
violation where an element of the offense involves a commercial 
sex act with a child, it is a defense, which the defendant must 
establish by a preponderance of the evidence, that the person 
engaging in that act reasonably believed that the other person 
was not a child.

           *       *       *       *       *       *       *

                              ----------                              

  SECTION 833 OF THE VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE 
                      REAUTHORIZATION ACT OF 2005

SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS 
                    AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Regulation of International Marriage Brokers.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Penalties.--
                  (A) * * *
                  (B) Federal criminal penalty.--In 
                circumstances in or affecting [interstate or 
                foreign commerce, an international marriage 
                broker that, within the special maritime and 
                territorial jurisdiction of the United States, 
                violates] interstate or foreign commerce or 
                within the special maritime and territorial 
                jurisdiction of the United States, an 
                international marriage broker that violates (or 
                attempts to violate) paragraph (1), (2), (3), 
                or (4) shall be fined in accordance with title 
                18, United States Code, or imprisoned for not 
                more than 5 years, or both.

           *       *       *       *       *       *       *

                              ----------                              

       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

           *       *       *       *       *       *       *
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

           *       *       *       *       *       *       *

SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.

    (a) * * *
    (b) Establishment of Pilot Program for Residential 
Rehabilitative Facilities for Victims of Trafficking.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Report.--Not later than one year after the date 
        on which the first pilot program is established 
        pursuant to paragraph (2), the Administrator of the 
        United States Agency for International Development 
        shall submit to the [Committee on International 
        Relations] Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate a report on the implementation of this 
        subsection.
          (7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator of 
        the United States Agency for International Development 
        to carry out this subsection $2,500,000 for each of the 
        fiscal years [2006 and 2007] 2008 through 2011.

           *       *       *       *       *       *       *

SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Research.--
          (1) * * *
          (2) Report.--
                  (A) * * *
                  (B) Definition.--In this paragraph, the term 
                ``appropriate congressional committees'' 
                means--
                          (i) the [Committee on International 
                        Relations] Committee on Foreign Affairs 
                        and the Committee on the Judiciary of 
                        the House of Representatives; and

           *       *       *       *       *       *       *

    (e) Prevention of Trafficking by Peacekeepers.--
          (1) * * *
          (2) Report by secretary of state.--At least 15 days 
        prior to voting for a new or reauthorized peacekeeping 
        mission under the auspices of the United Nations, the 
        North Atlantic Treaty Organization, or any other 
        multilateral organization in which the United States 
        participates (or in an emergency, as far in advance as 
        is practicable), the Secretary of State shall submit to 
        the [Committee on International Relations] Committee on 
        Foreign Affairs of the House of Representatives, the 
        Committee on Foreign Relations of the Senate, and any 
        other appropriate congressional committee a report that 
        contains--
                  (A) * * *

           *       *       *       *       *       *       *

SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
                    CHILD LABOR.

    (a) * * *
    (b) Activities of the Department of Labor.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Authorization of appropriations.--To carry out 
        this subsection, there are authorized to be 
        appropriated to the Secretary of Labor $1,000,000 for 
        each of the fiscal years 2008 through 2011.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

    (a) Program to Reduce Trafficking in Persons and Demand for 
Commercial Sex Acts in the United States.--
          (1) * * *
          (2) Trafficking conference.--
                  (A) In general.--The Attorney General, in 
                consultation and cooperation with the Secretary 
                of Health and Human Services, shall conduct an 
                annual conference in each of the fiscal years 
                2006, 2007, and 2008, and thereafter conduct a 
                biennial conference, addressing severe forms of 
                trafficking in persons and commercial sex acts 
                that occur, in whole or in part, within the 
                territorial jurisdiction of the United States. 
                At each such conference, the Attorney General, 
                or his designee, shall--
                          (i) * * *
                          (ii) disseminate best methods and 
                        practices for enforcement of laws 
                        prohibiting acts of severe forms of 
                        trafficking in persons and other laws 
                        related to acts of trafficking in 
                        persons, including, but not limited to, 
                        best methods and practices for training 
                        State and local law enforcement 
                        personnel on the enforcement of such 
                        laws and the use of existing Federal 
                        and State criminal laws that do not 
                        require force, fraud, or coercion as an 
                        element of a felony crime to prosecute 
                        such persons;

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There are authorized 
to be appropriated--
          (1) [$2,500,000 for each of the fiscal years 2006 and 
        2007] $3,000,000 for each of the fiscal years 2008 
        through 2011 to carry out the activities described in 
        subsection (a)(1)(B)(i) and [$2,500,000 for each of the 
        fiscal years 2006 and 2007] $3,000,000 for each of the 
        fiscal years 2008 through 2011 to carry out the 
        activities described in subsection (a)(1)(B)(ii); and
          (2) [$1,000,000 for each of the fiscal years 2006 
        through 2007] $1,000,000 for each of the fiscal years 
        2008 through 2011 to carry out the activities described 
        in subsection (a)(2).

SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND 
                    STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS 
                    SUBJECT TO TRAFFICKING.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--There are authorized 
to be appropriated [$10,000,000 for each of the fiscal years 
2006 and 2007] $15,000,000 for each of the fiscal years 2008 
through 2011 to carry out the activities described in this 
section.

SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.

    (a) * * *

           *       *       *       *       *       *       *

    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Health and Human 
Services to carry out this section [$5,000,000 for each of the 
fiscal years 2006 and 2007] $5,000,000 for each of the fiscal 
years 2008 through 2011.

SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Attorney General to carry out this 
section [$25,000,000 for each of the fiscal years 2006 and 
2007] $25,000,000 for each of the fiscal years 2008 through 
2011.

           *       *       *       *       *       *       *

SEC. 206. SENIOR POLICY OPERATING GROUP.

    Each Federal department or agency involved in grant 
activities related to combatting trafficking or providing 
services to persons subjected to trafficking inside the United 
States shall[, as the department or agency determines 
appropriate,] apprise the Senior Policy Operating Group 
established by section 105(f) of the Victims of Trafficking and 
Violence Protection Act of 2000 (22 U.S.C. 7103(f)), under the 
procedures established by the Senior Policy Operating Group, of 
such activities of the department or agency to ensure that the 
activities are consistent with the purposes of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

           *       *       *       *       *       *       *

                              ----------                              

            SECTION 462 OF THE HOMELAND SECURITY ACT OF 2002

SEC. 462. CHILDREN'S AFFAIRS.

    (a) * * *
    (b) Functions.--
          (1) In general.--Pursuant to the transfer made by 
        subsection (a), the Director of the Office of Refugee 
        Resettlement shall be responsible for--
                  (A) * * *

           *       *       *       *       *       *       *

                  (L) conducting investigations and inspections 
                of facilities and other entities in which 
                unaccompanied alien children reside[.], 
                including regular follow-up visits to such 
                facilities, placements, and other entities, to 
                assess the continued suitability of such 
                placements.

           *       *       *       *       *       *       *

          (3) Duties with respect to foster care.--In carrying 
        out the duties described in [paragraph (1)(G),] 
        paragraph (1), the Director of the Office of Refugee 
        Resettlement is encouraged to use the refugee children 
        foster care system established pursuant to section 
        412(d) of the Immigration and Nationality Act (8 U.S.C. 
        1522(d)) for the placement of unaccompanied alien 
        children.
          (4) Rule of construction.--Nothing in paragraph 
        (2)(B) may be construed to require that a bond be 
        posted for an unaccompanied alien child who is released 
        to a qualified sponsor.

           *       *       *       *       *       *       *

                              ----------                              

             SECTION 708 OF THE FOREIGN SERVICE ACT OF 1980

SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) The Secretary of State, with the assistance of other 
relevant officials, shall establish as part of the standard 
training provided after January 1, 2008, for members of the 
Service, including chiefs of mission, instruction on matters 
related to child soldiers and the terms of the Child Soldier 
Prevention Act of 2007.

                                 
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