PUBLIC LAW 109–164—JAN. 10, 2006

TRAFFICKING VICTIMS PROTECTION

REAUTHORIZATION ACT OF 2005

119 STAT. 3558 PUBLIC LAW 109–164—JAN. 10, 2006

Public Law 109–164

109th Congress

An Act

To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking

Victims Protection Act of 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Victims Protection Reauthorization Act of 2005’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance. Sec. 102. Protection of victims of trafficking in persons.

Sec. 103. Enhancing prosecutions of trafficking in persons offenses.

Sec. 104. Enhancing United States efforts to combat trafficking in persons.

Sec. 105. Additional activities to monitor and combat forced labor and child labor.

TITLE II—COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.

Sec. 202. Establishment of grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking. Sec. 203. Protection of juvenile victims of trafficking in persons.

Sec. 204. Enhancing State and local efforts to combat trafficking in persons.

Sec. 205. Report to Congress.

Sec. 206. Senior Policy Operating Group.

Sec. 207. Definitions.

TITLE III—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States has demonstrated international

leadership in combating human trafficking and slavery through

the enactment of the Trafficking Victims Protection Act of

2000 (division A of Public Law 106–386; 22 U.S.C. 7101 et

seq.) and the Trafficking Victims Protection Reauthorization

Act of 2003 (Public Law 108–193).

(2) The United States Government currently estimates that

600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor

and commercial sex exploitation. An estimated 80 percent of

such individuals are women and girls.

(3) Since the enactment of the Trafficking Victims Protection Act of 2000, United States efforts to combat trafficking

22 USC 7101

note.

Trafficking

Victims

Protection

Reauthorization

Act of 2005.

Women.

Children and

youth.

22 USC 7101

note.

Jan. 10, 2006

[H.R. 972]

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3559

in persons have focused primarily on the international trafficking in persons, including the trafficking of foreign citizens

into the United States.

(4) Trafficking in persons also occurs within the borders

of a country, including the United States.

(5) No known studies exist that quantify the problem of

trafficking in children for the purpose of commercial sexual

exploitation in the United States. According to a report issued

by researchers at the University of Pennsylvania in 2001, as

many as 300,000 children in the United States are at risk

for commercial sexual exploitation, including trafficking, at any

given time.

(6) Runaway and homeless children in the United States

are highly susceptible to being domestically trafficked for

commercial sexual exploitation. According to the National Runaway Switchboard, every day in the United States, between

1,300,000 and 2,800,000 runaway and homeless youth live on

the streets. One out of every seven children will run away

from home before the age of 18.

(7) Following armed conflicts and during humanitarian

emergencies, indigenous populations face increased security

challenges and vulnerabilities which result in myriad forms

of violence, including trafficking for sexual and labor exploitation. Foreign policy and foreign aid professionals increasingly

recognize the increased activity of human traffickers in postconflict settings and during humanitarian emergencies.

(8) There is a need to protect populations in post-conflict

settings and humanitarian emergencies from being trafficked

for sexual or labor exploitation. The efforts of aid agencies

to address the protection needs of, among others, internally

displaced persons and refugees are useful in this regard. Nonetheless, there is a need for further integrated programs and

strategies at the United States Agency for International

Development, the Department of State, and the Department

of Defense to combat human trafficking, including through

protection and prevention methodologies, in post-conflict

environments and during humanitarian emergencies.

(9) International and human rights organizations have

documented a correlation between international deployments

of military and civilian peacekeepers and aid workers and

a resulting increase in the number of women and girls trafficked

into prostitution in post-conflict regions.

(10) The involvement of employees and contractors of the

United States Government and members of the Armed Forces

in trafficking in persons, facilitating the trafficking in persons,

or exploiting the victims of trafficking in persons is inconsistent

with United States laws and policies and undermines the credibility and mission of United States Government programs in

post-conflict regions.

(11) Further measures are needed to ensure that United

States Government personnel and contractors are held accountable for involvement with acts of trafficking in persons,

including by expanding United States criminal jurisdiction to

all United States Government contractors abroad.

119 STAT. 3560 PUBLIC LAW 109–164—JAN. 10, 2006

TITLE I—COMBATTING INTERNATIONAL

TRAFFICKING IN PERSONS

SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POSTCONFLICT AND HUMANITARIAN EMERGENCY ASSISTANCE.

(a) AMENDMENT.—Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the

end the following new subsection:

‘‘(h) PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST- CONFLICT AND HUMANITARIAN EMERGENCY ASSISTANCE.—The

United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate

anti-trafficking and protection measures for vulnerable populations,

particularly women and children, into their post-conflict and

humanitarian emergency assistance and program activities.’’.

(b) STUDY AND REPORT.— (1) STUDY.— (A) IN GENERAL.—The Secretary of State and the

Administrator of the United States Agency for International Development, in consultation with the Secretary

of Defense, shall conduct a study regarding the threat

and practice of trafficking in persons generated by postconflict and humanitarian emergencies in foreign countries.

(B) FACTORS.—In carrying out the study, the Secretary

of State and the Administrator of the United States Agency

for International Development shall examine—

(i) the vulnerabilities to human trafficking of commonly affected populations, particularly women and

children, generated by post-conflict and humanitarian

emergencies;

(ii) the various forms of trafficking in persons,

both internal and trans-border, including both sexual

and labor exploitation;

(iii) a collection of best practices implemented to

date to combat human trafficking in such areas; and

(iv) proposed recommendations to better combat

trafficking in persons in conjunction with post-conflict

reconstruction and humanitarian emergencies assistance.

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

the enactment of this Act, the Secretary of State and the

Administrator of the United States Agency for International

Development, with the concurrence of the Secretary of Defense,

shall transmit to the Committee on International Relations

and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the

Committee on Armed Services of the Senate a report that

contains the results of the study conducted pursuant to paragraph (1).

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

(a) ACCESS TO INFORMATION.—Section 107(c)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is

amended by adding at the end the following new sentence: ‘‘To

the extent practicable, victims of severe forms of trafficking shall

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3561

have access to information about federally funded or administered

anti-trafficking programs that provide services to victims of severe

forms of trafficking.’’.

(b) ESTABLISHMENT OF PILOT PROGRAM FOR RESIDENTIAL

REHABILITATIVE FACILITIES FOR VICTIMS OF TRAFFICKING.— (1) STUDY.— (A) IN GENERAL.—Not later than 180 days after the

date of the enactment of this Act, the Administrator of

the United States Agency for International Development

shall carry out a study to identify best practices for the

rehabilitation of victims of trafficking in group residential

facilities in foreign countries.

(B) FACTORS.—In carrying out the study under

subparagraph (A), the Administrator shall—

(i) investigate factors relating to the rehabilitation

of victims of trafficking in group residential facilities,

such as the appropriate size of such facilities, services

to be provided, length of stay, and cost; and

(ii) give consideration to ensure the safety and

security of victims of trafficking, provide alternative

sources of income for such victims, assess and provide

for the educational needs of such victims, including

literacy, and assess the psychological needs of such

victims and provide professional counseling, as appropriate.

(2) PILOT PROGRAM.—Upon completion of the study carried

out pursuant to paragraph (1), the Administrator of the United

States Agency for International Development shall establish

and carry out a pilot program to establish residential treatment

facilities in foreign countries for victims of trafficking based

upon the best practices identified in the study.

(3) PURPOSES.—The purposes of the pilot program established pursuant to paragraph (2) are to—

(A) provide benefits and services to victims of trafficking, including shelter, psychological counseling, and

assistance in developing independent living skills;

(B) assess the benefits of providing residential treatment facilities for victims of trafficking, as well as the

most efficient and cost-effective means of providing such

facilities; and

(C) assess the need for and feasibility of establishing

additional residential treatment facilities for victims of trafficking.

(4) SELECTION OF SITES.—The Administrator of the United

States Agency for International Development shall select 2

sites at which to operate the pilot program established pursuant

to paragraph (2).

(5) FORM OF ASSISTANCE.—In order to carry out the responsibilities of this subsection, the Administrator of the United

States Agency for International Development shall enter into

contracts with, or make grants to, organizations with relevant

expertise in the delivery of services to victims of trafficking.

(6) REPORT.—Not later than one year after the date on

which the first pilot program is established pursuant to paragraph (2), the Administrator of the United States Agency for

International Development shall submit to the Committee on

International Relations of the House of Representatives and

Contracts.

Grants.

Deadline.

22 USC 7105

note.

119 STAT. 3562 PUBLIC LAW 109–164—JAN. 10, 2006

the Committee on Foreign Relations of the Senate a report

on the implementation of this subsection.

(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator of the United

States Agency for International Development to carry out this

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

2007.

SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS

OFFENSES.

(a) EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAF- FICKING IN PERSONS OFFENSES.— (1) IN GENERAL.—Part II of title 18, United States Code,

is amended by inserting after chapter 212 the following new

chapter:

‘‘CHAPTER 212A—EXTRATERRITORIAL JURISDICTION

OVER CERTAIN TRAFFICKING IN PERSONS OFFENSES

‘‘Sec.

‘‘3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States. ‘‘3272. Definitions.

‘‘§ 3271. Trafficking in persons offenses committed by persons

employed by or accompanying the Federal

Government outside the United States

‘‘(a) Whoever, while employed by or accompanying the Federal

Government outside the United States, engages in conduct outside

the United States that would constitute an offense under chapter

77 or 117 of this title if the conduct had been engaged in within

the United States or within the special maritime and territorial

jurisdiction of the United States shall be punished as provided

for that offense.

‘‘(b) No prosecution may be commenced against a person under

this section if a foreign government, in accordance with jurisdiction

recognized by the United States, has prosecuted or is prosecuting

such person for the conduct constituting such offense, except upon

the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function

of approval may not be delegated.

‘‘§ 3272. Definitions

‘‘As used in this chapter:

‘‘(1) The term ‘employed by the Federal Government outside

the United States’ means—

‘‘(A) employed as a civilian employee of the Federal

Government, as a Federal contractor (including a subcontractor at any tier), or as an employee of a Federal contractor (including a subcontractor at any tier);

‘‘(B) present or residing outside the United States in

connection with such employment; and

‘‘(C) not a national of or ordinarily resident in the

host nation.

‘‘(2) The term ‘accompanying the Federal Government outside the United States’ means—

‘‘(A) a dependant of—

‘‘(i) a civilian employee of the Federal Government;

or

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3563

‘‘(ii) a Federal contractor (including a subcontractor

at any tier) or an employee of a Federal contractor

(including a subcontractor at any tier);

‘‘(B) residing with such civilian employee, contractor,

or contractor employee outside the United States; and

‘‘(C) not a national of or ordinarily resident in the

host nation.’’.

(2) CLERICAL AMENDMENT.—The table of chapters at the

beginning of such part is amended by inserting after the item

relating to chapter 212 the following new item:

‘‘212A. Extraterritorial jurisdiction over certain trafficking in persons offenses .......................................................................................... 3271’’.

(b) LAUNDERING OF MONETARY INSTRUMENTS.—Section

1956(c)(7)(B) of title 18, United States Code, is amended—

(1) in clause (v), by striking ‘‘or’’ at the end;

(2) in clause (vi), by adding ‘‘or’’ at the end; and

(3) by adding at the end the following new clause:

‘‘(vii) trafficking in persons, selling or buying of

children, sexual exploitation of children, or transporting, recruiting or harboring a person, including

a child, for commercial sex acts;’’.

(c) DEFINITION OF RACKETEERING ACTIVITY.—Section 1961(1)(B)

of title 18, United States Code, is amended by striking ‘‘1581–

1591’’ and inserting ‘‘1581–1592’’.

(d) CIVIL AND CRIMINAL FORFEITURES.— (1) IN GENERAL.—Chapter 117 of title 18, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 2428. Forfeitures

‘‘(a) IN GENERAL.—The court, in imposing sentence on any

person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision

of State law, that such person shall forfeit to the United States—

‘‘(1) such person’s interest in any property, real or personal,

that was used or intended to be used to commit or to facilitate

the commission of such violation; and

‘‘(2) any property, real or personal, constituting or derived

from any proceeds that such person obtained, directly or

indirectly, as a result of such violation.

‘‘(b) PROPERTY SUBJECT TO FORFEITURE.— ‘‘(1) IN GENERAL.—The following shall be subject to forfeiture to the United States and no property right shall exist

in them:

‘‘(A) Any property, real or personal, used or intended

to be used to commit or to facilitate the commission of

any violation of this chapter.

‘‘(B) Any property, real or personal, that constitutes

or is derived from proceeds traceable to any violation of

this chapter.

‘‘(2) APPLICABILITY OF CHAPTER 46.—The provisions of

chapter 46 of this title relating to civil forfeitures shall apply

to any seizure or civil forfeiture under this subsection.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘2428. Forfeitures.’’.

119 STAT. 3564 PUBLIC LAW 109–164—JAN. 10, 2006

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

(a) APPOINTMENT TO INTERAGENCY TASK FORCE TO MONITOR

AND COMBAT TRAFFICKING.—Section 105(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is amended—

(1) by striking ‘‘the Director of Central Intelligence’’ and

inserting ‘‘the Director of National Intelligence’’; and

(2) by inserting ‘‘, the Secretary of Defense, the Secretary

of Homeland Security’’ after ‘‘the Director of National Intelligence’’ (as added by paragraph (1)).

(b) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.—

(1) AMENDMENTS.—Section 108(b) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—

(A) in paragraph (3), by adding at the end before

the period the following: ‘‘, measures to reduce the demand

for commercial sex acts and for participation in international sex tourism by nationals of the country, measures

to ensure that its nationals who are deployed abroad as

part of a peacekeeping or other similar mission do not

engage in or facilitate severe forms of trafficking in persons

or exploit victims of such trafficking, and measures to

prevent the use of forced labor or child labor in violation

of international standards’’; and

(B) in the first sentence of paragraph (7), by striking

‘‘persons,’’ and inserting ‘‘persons, including nationals of

the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate

severe forms of trafficking in persons or exploit victims

of such trafficking,’’.

(2) EFFECTIVE DATE.—The amendments made by subparagraphs (A) and (B) of paragraph (1) take effect beginning two

years after the date of the enactment of this Act.

(c) RESEARCH.—

(1) AMENDMENTS.—Section 112A of the Trafficking Victims

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

(A) in the first sentence of the matter preceding paragraph (1)—

(i) by striking ‘‘The President’’ and inserting ‘‘(a)

In General.—The President’’; and

(ii) by striking ‘‘the Director of Central Intelligence’’ and inserting ‘‘the Director of National Intelligence’’;

(B) in paragraph (3), by adding at the end before

the period the following: ‘‘, particularly HIV/AIDS’’;

(C) by adding at the end the following new paragraphs:

‘‘(4) Subject to subsection (b), the interrelationship between

trafficking in persons and terrorism, including the use of profits

from trafficking in persons to finance terrorism.

‘‘(5) An effective mechanism for quantifying the number

of victims of trafficking on a national, regional, and international basis.

‘‘(6) The abduction and enslavement of children for use

as soldiers, including steps taken to eliminate the abduction

and enslavement of children for use as soldiers and recommendations for such further steps as may be necessary to

22 USC 7106

note.

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3565

rapidly end the abduction and enslavement of children for

use as soldiers.’’; and

(D) by further adding at the end the following new

subsections:

‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAFFICKING CENTER.—

The research initiatives described in subsection (a)(4) shall be carried out by the Human Smuggling and Trafficking Center (established pursuant to section 7202 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (Public Law 108–458)).

‘‘(c) DEFINITIONS.—In this section:

‘‘(1) AIDS.—The term ‘AIDS’ means the acquired immune

deficiency syndrome.

‘‘(2) HIV.—The term ‘HIV’ means the human immunodeficiency virus, the pathogen that causes AIDS.

‘‘(3) HIV/AIDS.—The term ‘HIV/AIDS’ means, with respect

to an individual, an individual who is infected with HIV or

living with AIDS.’’.

(2) REPORT.—

(A) IN GENERAL.—Not later than one year after the

date of the enactment of this Act, the Human Smuggling

and Trafficking Center (established pursuant to section

7202 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (Public Law 108–458)) shall submit to the

appropriate congressional committees a report on the

results of the research initiatives carried out pursuant

to section 112A(4) of the Trafficking Victims Protection

Act of 2000 (as added by paragraph (1)(C) of this subsection).

(B) DEFINITION.—In this paragraph, the term ‘‘appropriate congressional committees’’ means—

(i) the Committee on International Relations and

the Committee on the Judiciary of the House of Representatives; and

(ii) the Committee on Foreign Relations and the

Committee on the Judiciary of the Senate.

(d) FOREIGN SERVICE OFFICER TRAINING.—Section 708(a) of the

Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended—

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

‘‘, the Director of the Office to Monitor and Combat Trafficking,’’

after ‘‘the International Religious Freedom Act of 1998’’;

(2) in paragraph (1), by striking ‘‘and’’ at the end;

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

and inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(3) instruction on international documents and United

States policy on trafficking in persons, including provisions

of the Trafficking Victims Protection Act of 2000 (division A

of Public Law 106–386; 22 U.S.C. 7101 et seq.) which may

affect the United States bilateral relationships.’’.

(e) PREVENTION OF TRAFFICKING BY PEACEKEEPERS.—

(1) INCLUSION IN TRAFFICKING IN PERSONS REPORT.—Section

110(b)(1) of the Trafficking Victims Protection Act of 2000 (22

U.S.C. 7107(b)(1)) is amended—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

119 STAT. 3566 PUBLIC LAW 109–164—JAN. 10, 2006

(C) by adding at the end the following new subparagraph:

‘‘(D) information on the measures taken by the United

Nations, the Organization for Security and Cooperation

in Europe, the North Atlantic Treaty Organization and,

as appropriate, other multilateral organizations in which

the United States participates, to prevent the involvement

of the organization’s employees, contractor personnel, and

peacekeeping forces in trafficking in persons or the exploitation of victims of trafficking.’’.

(2) REPORT BY SECRETARY OF STATE.—At least 15 days

prior to voting for a new or reauthorized peacekeeping mission

under the auspices of the United Nations, the North Atlantic

Treaty Organization, or any other multilateral organization

in which the United States participates (or in an emergency,

as far in advance as is practicable), the Secretary of State

shall submit to the Committee on International Relations of

the House of Representatives, the Committee on Foreign Relations of the Senate, and any other appropriate congressional

committee a report that contains—

(A) a description of measures taken by the organization

to prevent the organization’s employees, contractor personnel, and peacekeeping forces serving in the peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation

or abuse, and the measures in place to hold accountable

any such individuals who engage in any such acts while

participating in the peacekeeping mission; and

(B) an analysis of the effectiveness of each of the

measures referred to in subparagraph (A).

SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED

LABOR AND CHILD LABOR.

(a) ACTIVITIES OF THE DEPARTMENT OF STATE.—

(1) FINDING.—Congress finds that in the report submitted

to Congress by the Secretary of State in June 2005 pursuant

to section 110(b) of the Trafficking Victims Protection Act of

2000 (22 U.S.C. 7107(b)), the list of countries whose governments do not comply with the minimum standards for the

elimination of trafficking and are not making significant efforts

to bring themselves into compliance was composed of a large

number of countries in which the trafficking involved forced

labor, including the trafficking of women into domestic servitude.

(2) SENSE OF CONGRESS.—It is the sense of Congress that

the Director of the Office to Monitor and Combat Trafficking

of the Department of State should intensify the focus of the

Office on forced labor in the countries described in paragraph

(1) and other countries in which forced labor continues to

be a serious human rights concern.

(b) ACTIVITIES OF THE DEPARTMENT OF LABOR.—

(1) IN GENERAL.—The Secretary of Labor, acting through

the head of the Bureau of International Labor Affairs of the

Department of Labor, shall carry out additional activities to

monitor and combat forced labor and child labor in foreign

countries as described in paragraph (2).

22 USC 7112.

22 USC 7111.

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3567

(2) ADDITIONAL ACTIVITIES DESCRIBED.—The additional

activities referred to in paragraph (1) are—

(A) to monitor the use of forced labor and child labor

in violation of international standards;

(B) to provide information regarding trafficking in persons for the purpose of forced labor to the Office to Monitor

and Combat Trafficking of the Department of State for

inclusion in trafficking in persons report required by section

110(b) of the Trafficking Victims Protection Act of 2000

(22 U.S.C. 7107(b));

(C) to develop and make available to the public a

list of goods from countries that the Bureau of International

Labor Affairs has reason to believe are produced by forced

labor or child labor in violation of international standards;

(D) to work with persons who are involved in the

production of goods on the list described in subparagraph

(C) to create a standard set of practices that will reduce

the likelihood that such persons will produce goods using

the labor described in such subparagraph; and

(E) to consult with other departments and agencies

of the United States Government to reduce forced and

child labor internationally and ensure that products made

by forced labor and child labor in violation of international

standards are not imported into the United States.

TITLE II—COMBATTING DOMESTIC

TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

(a) PROGRAM TO REDUCE TRAFFICKING IN PERSONS AND DEMAND

FOR COMMERCIAL SEX ACTS IN THE UNITED STATES.—

(1) COMPREHENSIVE RESEARCH AND STATISTICAL REVIEW

AND ANALYSIS OF INCIDENTS OF TRAFFICKING IN PERSONS AND

COMMERCIAL SEX ACTS.—

(A) IN GENERAL.—The Attorney General shall use available data from State and local authorities as well as

research data to carry out a biennial comprehensive

research and statistical review and analysis of severe forms

of trafficking in persons, and a biennial comprehensive

research and statistical review and analysis of sex trafficking and unlawful commercial sex acts in the United

States, and shall submit to Congress separate biennial

reports on the findings.

(B) CONTENTS.—The research and statistical review

and analysis under this paragraph shall consist of two

separate studies, utilizing the same statistical data where

appropriate, as follows:

(i) The first study shall address severe forms of

trafficking in persons in the United States and shall

include, but need not be limited to—

(I) the estimated number and demographic

characteristics of persons engaged in acts of severe

forms of trafficking in persons; and

(II) the number of investigations, arrests,

prosecutions, and incarcerations of persons

Reports.

42 USC 14044.

Standards.

Public

information.

119 STAT. 3568 PUBLIC LAW 109–164—JAN. 10, 2006

engaged in acts of severe forms of trafficking in

persons by States and their political subdivisions.

(ii) The second study shall address sex trafficking

and unlawful commercial sex acts in the United States

and shall include, but need not be limited to—

(I) the estimated number and demographic

characteristics of persons engaged in sex trafficking and commercial sex acts, including purchasers of commercial sex acts;

(II) the estimated value in dollars of the

commercial sex economy, including the estimated

average annual personal income derived from acts

of sex trafficking;

(III) the number of investigations, arrests,

prosecutions, and incarcerations of persons

engaged in sex trafficking and unlawful commercial sex acts, including purchasers of commercial

sex acts, by States and their political subdivisions;

and

(IV) a description of the differences in the

enforcement of laws relating to unlawful commercial sex acts across the United States.

(2) TRAFFICKING CONFERENCE.—

(A) IN GENERAL.—The Attorney General, in consultation and cooperation with the Secretary of Health and

Human Services, shall conduct an annual conference in

each of the fiscal years 2006, 2007, and 2008, and thereafter

conduct a biennial conference, addressing severe forms of

trafficking in persons and commercial sex acts that occur,

in whole or in part, within the territorial jurisdiction of

the United States. At each such conference, the Attorney

General, or his designee, shall—

(i) announce and evaluate the findings contained

in the research and statistical reviews carried out

under paragraph (1);

(ii) disseminate best methods and practices for

enforcement of laws prohibiting acts of severe forms

of trafficking in persons and other laws related to

acts of trafficking in persons, including, but not limited

to, best methods and practices for training State and

local law enforcement personnel on the enforcement

of such laws;

(iii) disseminate best methods and practices for

training State and local law enforcement personnel

on the enforcement of laws prohibiting sex trafficking

and commercial sex acts, including, but not limited

to, best methods for investigating and prosecuting

exploiters and persons who solicit or purchase an

unlawful commercial sex act; and

(iv) disseminate best methods and practices for

training State and local law enforcement personnel

on collaborating with social service providers and relevant nongovernmental organizations and establishing

trust of persons subjected to commercial sex acts or

severe forms of trafficking in persons.

(B) PARTICIPATION.—Each annual conference conducted

under this paragraph shall involve the participation of

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3569

persons with expertise or professional responsibilities with

relevance to trafficking in persons, including, but not limited to—

(i) Federal Government officials, including law

enforcement and prosecutorial officials;

(ii) State and local government officials, including

law enforcement and prosecutorial officials;

(iii) persons who have been subjected to severe

forms of trafficking in persons or commercial sex acts;

(iv) medical personnel;

(v) social service providers and relevant nongovernmental organizations; and

(vi) academic experts.

(C) REPORTS.—The Attorney General and the Secretary

of Health and Human Services shall prepare and post

on the respective Internet Web sites of the Department

of Justice and the Department of Health and Human Services reports on the findings and best practices identified

and disseminated at the conference described in this paragraph.

(b) TERMINATION OF CERTAIN GRANTS, CONTRACTS, AND

COOPERATIVE AGREEMENTS.—Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended—

(1) by striking ‘‘COOPERATIVE AGREEMENTS.—’’ and all that

follows through ‘‘The President shall’’ and inserting ‘‘COOPERATIVE AGREEMENTS.—The President shall’’;

(2) by striking ‘‘described in paragraph (2)’’; and

(3) by striking paragraph (2).

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated—

(1) $2,500,000 for each of the fiscal years 2006 and 2007

to carry out the activities described in subsection (a)(1)(B)(i)

and $2,500,000 for each of the fiscal years 2006 and 2007

to carry out the activities described in subsection (a)(1)(B)(ii);

and

(2) $1,000,000 for each of the fiscal years 2006 through

2007 to carry out the activities described in subsection (a)(2).

SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP,

EXPAND, AND STRENGTHEN ASSISTANCE PROGRAMS

FOR CERTAIN PERSONS SUBJECT TO TRAFFICKING.

(a) GRANT PROGRAM.—The Secretary of Health and Human

Services may make grants to States, Indian tribes, units of local

government, and nonprofit, nongovernmental victims’ service

organizations to establish, develop, expand, and strengthen assistance programs for United States citizens or aliens admitted for

permanent residence who are the subject of sex trafficking or severe

forms of trafficking in persons that occurs, in whole or in part,

within the territorial jurisdiction of the United States.

(b) SELECTION FACTOR.—In selecting among applicants for

grants under subsection (a), the Secretary shall give priority to

applicants with experience in the delivery of services to persons

who have been subjected to sexual abuse or commercial sexual

exploitation and to applicants who would employ survivors of sexual

abuse or commercial sexual exploitation as a part of their proposed

project.

42 USC 14044a.

119 STAT. 3570 PUBLIC LAW 109–164—JAN. 10, 2006

(c) LIMITATION ON FEDERAL SHARE.—The Federal share of a

grant made under this section may not exceed 75 percent of the

total costs of the projects described in the application submitted.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $10,000,000 for each of the fiscal years 2006

and 2007 to carry out the activities described in this section.

SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN

PERSONS.

(a) ESTABLISHMENT OF PILOT PROGRAM.—Not later than 180

days after the date of the enactment of this Act, the Secretary

of Health and Human Services shall establish and carry out a

pilot program to establish residential treatment facilities in the

United States for juveniles subjected to trafficking.

(b) PURPOSES.—The purposes of the pilot program established

pursuant to subsection (a) are to—

(1) provide benefits and services to juveniles subjected to

trafficking, including shelter, psychological counseling, and

assistance in developing independent living skills;

(2) assess the benefits of providing residential treatment

facilities for juveniles subjected to trafficking, as well as the

most efficient and cost-effective means of providing such facilities; and

(3) assess the need for and feasibility of establishing additional residential treatment facilities for juveniles subjected

to trafficking.

(c) SELECTION OF SITES.—The Secretary of Health and Human

Services shall select three sites at which to operate the pilot program established pursuant to subsection (a).

(d) FORM OF ASSISTANCE.—In order to carry out the responsibilities of this section, the Secretary of Health and Human Services

shall enter into contracts with, or make grants to, organizations

that—

(1) have relevant expertise in the delivery of services to

juveniles who have been subjected to sexual abuse or commercial sexual exploitation; or

(2) have entered into partnerships with organizations that

have expertise as described in paragraph (1) for the purpose

of implementing the contracts or grants.

(e) REPORT.—Not later than one year after the date on which

the first pilot program is established pursuant to subsection (a),

the Secretary of Health and Human Services shall submit to Congress a report on the implementation of this section.

(f) DEFINITION.—In this section, the term ‘‘juvenile subjected

to trafficking’’ means a United States citizen, or alien admitted

for permanent residence, who is the subject of sex trafficking or

severe forms of trafficking in persons that occurs, in whole or

in part, within the territorial jurisdiction of the United States

and who has not attained 18 years of age at the time the person

is identified as having been the subject of sex trafficking or severe

forms of trafficking in persons.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Health and Human Services

to carry out this section $5,000,000 for each of the fiscal years

2006 and 2007.

Deadline.

42 USC 14044b.

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3571

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

(a) ESTABLISHMENT OF GRANT PROGRAM FOR LAW ENFORCEMENT.—

(1) IN GENERAL.—The Attorney General may make grants

to States and local law enforcement agencies to establish,

develop, expand, or strengthen programs—

(A) to investigate and prosecute acts of severe forms

of trafficking in persons, and related offenses, which involve

United States citizens, or aliens admitted for permanent

residence, and that occur, in whole or in part, within the

territorial jurisdiction of the United States;

(B) to investigate and prosecute persons who engage

in the purchase of commercial sex acts;

(C) to educate persons charged with, or convicted of,

purchasing or attempting to purchase commercial sex acts;

and

(D) to educate and train law enforcement personnel

in how to establish trust of persons subjected to trafficking

and encourage cooperation with prosecution efforts.

(2) DEFINITION.—In this subsection, the term ‘‘related

offenses’’ includes violations of tax laws, transacting in illegally

derived proceeds, money laundering, racketeering, and other

violations of criminal laws committed in connection with an

act of sex trafficking or a severe form of trafficking in persons.

(b) MULTI-DISCIPLINARY APPROACH REQUIRED.—Grants under

subsection (a) may be made only for programs in which the State

or local law enforcement agency works collaboratively with social

service providers and relevant nongovernmental organizations,

including organizations with experience in the delivery of services

to persons who are the subject of trafficking in persons.

(c) LIMITATION ON FEDERAL SHARE.—The Federal share of a

grant made under this section may not exceed 75 percent of the

total costs of the projects described in the application submitted.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Attorney General to carry out this section

$25,000,000 for each of the fiscal years 2006 and 2007.

SEC. 205. REPORT TO CONGRESS.

Section 105(d)(7) of the Trafficking Victims Protection Act of

2000 (22 U.S.C. 7103(d)(7)) is amended—

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

(2) by redesignating subparagraph (G) as subparagraph

(H); and

(3) by inserting after subparagraph (F) the following new

subparagraph:

‘‘(G) the amount, recipient, and purpose of each grant

under sections 202 and 204 of the Trafficking Victims

Protection Act of 2005; and’’.

SEC. 206. SENIOR POLICY OPERATING GROUP.

Each Federal department or agency involved in grant activities

related to combatting trafficking or providing services to persons

subjected to trafficking inside the United States shall, as the department or agency determines appropriate, apprise the Senior Policy

Operating Group established by section 105(f) of the Victims of

Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)),

42 USC 14044d.

Intergovernmental

relations.

42 USC 14044c.

119 STAT. 3572 PUBLIC LAW 109–164—JAN. 10, 2006

under the procedures established by the Senior Policy Operating

Group, of such activities of the department or agency to ensure

that the activities are consistent with the purposes of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

SEC. 207. DEFINITIONS.

In this title:

(1) SEVERE FORMS OF TRAFFICKING IN PERSONS.—The term

‘‘severe forms of trafficking in persons’’ has the meaning given

the term in section 103(8) of the Trafficking Victims Protection

Act of 2000 (22 U.S.C. 7102(8)).

(2) SEX TRAFFICKING.—The term ‘‘sex trafficking’’ has the

meaning given the term in section 103(9) of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7102(9)).

(3) COMMERCIAL SEX ACT.—The term ‘‘commercial sex act’’

has the meaning given the term in section 103(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3)).

TITLE III—AUTHORIZATIONS OF

APPROPRIATIONS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

Section 113 of the Trafficking Victims Protection Act of 2000

(22 U.S.C. 7110) is amended—

(1) in subsection (a)—

(A) by striking ‘‘and $5,000,000’’ and inserting

‘‘$5,000,000’’;

(B) by adding at the end before the period the following:

‘‘, and $5,500,000 for each of the fiscal years 2006 and

2007’’; and

(C) by further adding at the end the following new

sentence: ‘‘In addition, there are authorized to be appropriated to the Office to Monitor and Combat Trafficking

for official reception and representation expenses $3,000

for each of the fiscal years 2006 and 2007.’’;

(2) in subsection (b), by striking ‘‘2004 and 2005’’ and

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

(3) in subsection (c)(1), by striking ‘‘2004 and 2005’’ each

place it appears and inserting ‘‘2004, 2005, 2006, and 2007’’;

(4) in subsection (d), by striking ‘‘2004 and 2005’’ each

place it appears and inserting ‘‘2004, 2005, 2006, and 2007’’;

(5) in subsection (e)—

(A) in paragraphs (1) and (2), by striking ‘‘2003 through

2005’’ and inserting ‘‘2003 through 2007’’; and

(B) in paragraph (3), by striking ‘‘$300,000 for fiscal

year 2004 and $300,000 for fiscal year 2005’’ and inserting

‘‘$300,000 for each of the fiscal years 2004 through 2007’’;

(6) in subsection (f), by striking ‘‘2004 and 2005’’ and

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

(7) by adding at the end the following new subsections:

‘‘(h) AUTHORIZATION OF APPROPRIATIONS TO DIRECTOR OF THE

FBI.—There are authorized to be appropriated to the Director of

the Federal Bureau of Investigation $15,000,000 for fiscal year

2006, to remain available until expended, to investigate severe

forms of trafficking in persons.

42 USC 14044e.

PUBLIC LAW 109–164—JAN. 10, 2006 119 STAT. 3573

LEGISLATIVE HISTORY—H.R. 972:

HOUSE REPORTS: No. 109–317, Pt. 1 (Comm. on International Relations) and

Pt. 2 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Dec. 14, considered and passed House.

Dec. 21, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Jan. 10, Presidential statement and remarks.

Æ

‘‘(i) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF

HOMELAND SECURITY.—There are authorized to be appropriated to the Secretary of Homeland Security, $18,000,000 for each of

the fiscal years 2006 and 2007, to remain available until expended,

for investigations by the Bureau of Immigration and Customs

Enforcement of severe forms of trafficking in persons.’’.

Approved January 10, 2006.