PUBLIC LAW 110–457—DEC. 23, 2008 

WILLIAM WILBERFORCE TRAFFICKING 

VICTIMS PROTECTION REAUTHORIZATION 

ACT OF 2008 


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122 STAT. 5044 PUBLIC LAW 110–457—DEC. 23, 2008 

Public Law 110–457 

110th Congress 

An Act 

To authorize appropriations for fiscal years 2008 through 2011 for the Trafficking 

Victims Protection Act of 2000, to enhance measures to combat trafficking in 

persons, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Wilberforce Trafficking Victims Protection Reauthorization Act of 

2008’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMBATING 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. Report on activities of the Department of Labor to monitor and combat 

forced labor and child labor. 

Sec. 111. Sense of Congress regarding multilateral framework between labor exporting and labor importing countries. 

TITLE II—COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES 

Subtitle A—Ensuring Availability of Possible Witnesses and Informants 

Sec. 201. Protecting trafficking victims against retaliation. 

Sec. 202. Protections for domestic workers and other nonimmigrants. 

Sec. 203. Protections, remedies, and limitations on issuance for A–3 and G–5 visas. 

Sec. 204. Relief for certain victims pending actions on petitions and applications for 

relief. 

Sec. 205. Expansion of authority to permit continued presence in the United States. 

Subtitle B—Assistance for Trafficking Victims 

Sec. 211. Assistance for certain nonimmigrant status applicants. 

Sec. 212. Interim assistance for children. 

Sec. 213. Ensuring assistance for all victims of trafficking in persons. 

Subtitle C—Penalties Against Traffickers and Other Crimes 

Sec. 221. Restitution of forfeited assets; enhancement of civil action. 

Sec. 222. Enhancing penalties for trafficking offenses. 

Sec. 223. Jurisdiction in certain trafficking offenses. 

Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for sex trafficking. 

22 USC 7101 

note. 

William 

Wilberforce 

Trafficking 

Victims 

Protection 

Reauthorization 

Act of 2008. 

Dec. 23, 2008 

[H.R. 7311] 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5045 

Sec. 225. Promoting effective State enforcement. 

Subtitle D—Activities of the United States Government 

Sec. 231. Annual report by the Attorney General. 

Sec. 232. Investigation by the Inspectors General. 

Sec. 233. Senior Policy Operating Group. 

Sec. 234. Preventing United States travel by traffickers. 

Sec. 235. Enhancing efforts to combat the trafficking of children. 

Sec. 236. Restriction of passports for sex tourism. 

Sec. 237. Additional reporting on crime. 

Sec. 238. Processing of certain visas. 

Sec. 239. Temporary increase in fee for certain consular services. 

TITLE III—AUTHORIZATIONS OF APPROPRIATIONS 

Sec. 301. Trafficking Victims Protection Act of 2000. 

Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005. 

Sec. 303. Rule of construction. 

Sec. 304. Technical amendments. 

TITLE IV—CHILD SOLDIERS PREVENTION 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Sense of Congress. 

Sec. 404. Prohibition. 

Sec. 405. Reports. 

Sec. 406. Training for foreign service officers. 

Sec. 407. Effective date; applicability. 

TITLE I—COMBATING 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. 

Section 105(e) of the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7103(e)) is amended— 

(1) in the subsection heading, by striking ‘‘SUPPORT FOR

THE TASK FORCE’’ and inserting ‘‘OFFICE TO MONITOR AND

COMBAT TRAFFICKING’’; 

(2) by striking ‘‘The Secretary of State is authorized to’’ 

and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary of State shall’’; and 

(3) by adding at the end the following: 

‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.— 

‘‘(A) PARTNERSHIPS.—The Director, in coordination and 

cooperation with other officials at the Department of State 

involved in corporate responsibility, the Deputy Under Secretary for International Affairs of the Department of Labor, 

and other relevant officials of the United States Government, shall promote, build, and sustain partnerships 

between the United States Government and private entities 

(including foundations, universities, corporations, community-based organizations, and other nongovernmental 

organizations) to ensure that— 

‘‘(i) 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 


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‘‘(ii) such entities do not contribute to trafficking 

in persons involving sexual exploitation. 

‘‘(B) UNITED STATES ASSISTANCE.—The Director shall 

be responsible for— 

‘‘(i) all policy, funding, and programming decisions 

regarding funds made available for trafficking in persons programs that are centrally controlled by the 

Office to Monitor and Combat Trafficking; and 

‘‘(ii) coordinating 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 Director.’’. 

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: 

‘‘(i) ADDITIONAL MEASURES TO PREVENT AND DETER TRAF- FICKING.—The President shall establish and carry out programs 

to prevent and deter trafficking in persons, including— 

‘‘(1) technical assistance and other support to improve 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, in the native languages of the major immigrant groups of such populations, 

regarding the rights of such populations in the foreign country 

and local in-country nongovernmental organization-operated 

hotlines; 

‘‘(3) technical assistance to provide legal frameworks and 

other programs to foreign governments and nongovernmental 

organizations to ensure that— 

‘‘(A) foreign migrant workers are provided the same 

protection as nationals of the foreign country; 

‘‘(B) labor recruitment firms are regulated; and 

‘‘(C) 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 semicolon 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 before the 

period at the end the following: ‘‘, and shall be carried 

out in a manner which takes into account the cross-border, 

President. 


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regional, and transnational aspects of trafficking in persons’’; and 

(B) by adding at the end the following: 

‘‘(F) In cooperation and coordination with relevant 

organizations, such as the United Nations High Commissioner for Refugees, the International Organization for 

Migration, and private nongovernmental organizations that 

contract with, or receive grants from, the United States 

Government to assist refugees and internally displaced persons, support for— 

‘‘(i) 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 

‘‘(ii) performance of best interest determinations 

for unaccompanied and separated children who come 

to the attention of the United Nations High Commissioner for Refugees, its partner organizations, or any 

organization that contracts with the Department of 

State in order to identify child trafficking victims and 

to assist their safe integration, reintegration, and 

resettlement.’’; and 

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

‘‘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. 

The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 

et seq.) is amended by inserting after section 107 the following: 

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

‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREEMENTS, AND

CONTRACTS.—In administering funds made available to carry out 

this Act within and outside the United States— 

‘‘(1) solicitations of grants, cooperative agreements, and 

contracts for such programs shall be made publicly available; 

‘‘(2) grants, cooperative agreements, and contracts shall 

be subject to full and open competition, in accordance with 

applicable laws; and 

‘‘(3) the internal department or agency review process for 

such grants, cooperative agreements, and contracts shall not 

be subject to ad hoc or intermittent review or influence by 

individuals or organizations outside the United States Government except as provided under paragraphs (1) and (2). 

‘‘(b) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—An applicant desiring a grant, contract, 

or cooperative agreement under this Act shall certify that, 

to the extent practicable, persons or entities providing legal 

services, social services, health services, or other assistance 

have completed, or will complete, training in connection with 

trafficking in persons. 

Certification. 

22 USC 7105a. 


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

indicate collaboration with nongovernmental organizations, 

including organizations with expertise in trafficking in persons. 

‘‘(c) EVALUATION OF ANTI-TRAFFICKING PROGRAMS.— ‘‘(1) IN GENERAL.—The President shall establish a system 

to evaluate the effectiveness and efficiency of the assistance 

provided under anti-trafficking programs established under this 

Act 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 the assistance 

described in paragraph (1), expressed in an objective and 

quantifiable form, to the extent practicable; 

‘‘(B) ensure that performance indicators are used for 

programs authorized under this Act to measure and assess 

the achievement of the performance goals described in 

subparagraph (A); 

‘‘(C) provide a basis for recommendations for adjustments to the assistance described in paragraph (1) to 

enhance the impact of such assistance; and 

‘‘(D) ensure that evaluations are conducted by subject 

matter experts in and outside the United States Government, to the extent practicable. 

‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PROGRAMS.—In providing assistance under this division, the President should take 

into account the priorities and country assessments contained in 

the most recent report submitted by the Secretary of State to 

Congress pursuant to section 110(b). 

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

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 (22 U.S.C. 2151 et seq. and 2346 et seq.) 

and other similar United States assistance programs are consistent 

with United States policies and other United States programs 

relating to combating trafficking in persons. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For each of the fiscal 

years 2008 through 2011, not more than 5 percent of the amounts 

made available to carry out this division may be used to carry 

out this section, including— 

‘‘(1) evaluations of promising anti-trafficking programs and 

projects funded by the disbursing agency pursuant to this Act; 

and 

‘‘(2) evaluations of emerging problems or global trends.’’. 

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

Section 108 of the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7106) is amended— 

(1) in subsection (a), by striking ‘‘a significant number 

of’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking the period at the 

end of the first sentence and inserting the following: ‘‘, 

including, as appropriate, requiring incarceration of 

individuals convicted of such acts. For purposes of the 

President. 

President. 


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preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe 

forms of trafficking in persons shall be considered, on a 

case-by-case basis, whether to be considered an indicator 

of serious and sustained efforts to eliminate severe forms 

of trafficking in persons.’’; 

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

at the end the following: ‘‘, including by providing training 

to law enforcement and immigration officials regarding 

the identification and treatment of trafficking victims using 

approaches that focus on the needs of the victims’’; 

(C) 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 

(D) by adding at the end the following: 

‘‘(11) Whether the government of the country has made 

serious and sustained efforts to reduce the demand for— 

‘‘(A) commercial sex acts; and 

‘‘(B) participation in international sex tourism by 

nationals of the country.’’. 

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

(a) COUNTRIES ON SPECIAL WATCH LIST RELATING TO TRAFFICKING IN PERSONS FOR 2 CONSECUTIVE YEARS.—Section 110(b)(3) 

of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

7107(b)(3)) is amended by adding at the end the following: 

‘‘(D) COUNTRIES ON SPECIAL WATCH LIST FOR 2

CONSECUTIVE YEARS.— 

‘‘(i) IN GENERAL.—Except as provided under clause 

(ii), a country that is included on the special watch 

list described in subparagraph (A) for 2 consecutive 

years after the date of the enactment of this subparagraph, shall be included on the list of countries 

described in paragraph (1)(C). 

‘‘(ii) EXERCISE OF WAIVER AUTHORITY.—The President may waive the application of clause (i) for up 

to 2 years if the President determines, and reports 

credible evidence to the Committee on Foreign Relations of the Senate and the Committee on Foreign 

Affairs of the House of Representatives, that such a 

waiver is justified because— 

‘‘(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.’’. 

(b) CLARIFICATION OF MEASURES AGAINST CERTAIN FOREIGN

COUNTRIES.—Section 110(d)(1)(A)(ii) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7107(d)(1)(A)) is amended by 

inserting ‘‘such assistance to the government of the country for 


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the subsequent fiscal year and will not provide’’ after ‘‘will not 

provide’’. 

(c) TRANSLATION OF TRAFFICKING IN PERSONS REPORT.—The 

Secretary of State shall— 

(1) timely translate the annual report submitted 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 the languages of the countries on the lists described in subparagraphs 

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

(2) ensure that the translations described in paragraph 

(1) are made available to the public through postings on the 

Internet website of the Department of State and other appropriate websites. 

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

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

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

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

as follows: 

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

of victims of trafficking on a national, regional, and international basis, which shall include, not later than 2 years 

after the date of the enactment of the William Wilberforce 

Trafficking Victims Protection Reauthorization Act of 2008, the 

establishment and maintenance of an integrated database 

within the Human Smuggling and Trafficking Center.’’; and 

(2) by amending subsection (b) to read as follows: 

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

‘‘(1) IN GENERAL.—The research initiatives described in 

paragraphs (4) and (5) of subsection (a) shall be carried out 

by the Human Smuggling and Trafficking Center, established 

under section 7202 of the 9/11 Commission Implementation 

Act of 2004 (8 U.S.C. 1777). 

‘‘(2) DATABASE.—The database described in subsection (a)(5) 

shall be established by combining all applicable data collected 

by each Federal department and agency represented on the 

Interagency Task Force to Monitor and Combat Trafficking, 

consistent with the protection of sources and methods, and, 

to the maximum extent practicable, applicable data from relevant international organizations, to— 

‘‘(A) improve the coordination of the collection of data 

related to trafficking in persons by each agency of the 

United States Government that collects such data; 

‘‘(B) promote uniformity of such data collection and 

standards and systems related to such collection; 

‘‘(C) undertake a meta-analysis of patterns of trafficking in persons, slavery, and slave-like conditions to 

develop and analyze global trends in human trafficking; 

‘‘(D) identify emerging issues in human trafficking and 

establishing integrated methods to combat them; and 

‘‘(E) identify research priorities to respond to global 

patterns and emerging issues. 

‘‘(3) CONSULTATION.—The database established in accordance with paragraph (2) shall be maintained in consultation 

Deadline. 

Public 

information. 

Web site. 

22 USC 7107 

note. 


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with the Director of the Office to Monitor and Combat Trafficking in Persons of the Department of State. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated $2,000,000 to the Human Smuggling and Trafficking Center for each of the fiscal years 2008 

through 2011 to carry out the activities described in this subsection.’’. 

(b) REPORT.—Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended— 

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

(2) in subparagraph (D), by striking the period at the 

end and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(E) reporting and analysis on the emergence or 

shifting of global patterns in human trafficking, including 

data on the number of victims trafficked to, through, or 

from major source and destination countries, disaggregated 

by nationality, gender, and age, to the extent possible; 

and 

‘‘(F) emerging issues in human trafficking.’’. 

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: 

‘‘SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS 

TO COMBAT TRAFFICKING IN PERSONS. 

‘‘(a) ESTABLISHMENT OF AWARD.—The President is authorized 

to establish an award, to be known as the ‘Presidential Award 

for Extraordinary Efforts To Combat Trafficking in Persons’, for 

extraordinary efforts to combat trafficking in persons. To the maximum extent practicable, the Secretary of State shall present the 

award annually to not more than 5 individuals or organizations, 

including— 

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

nationals; and 

‘‘(2) 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 Secretary of State shall host an annual 

ceremony for recipients of the award authorized under subsection 

(a) as soon as practicable after the date on which the Secretary 

submits to Congress the report required under section 110(b)(1). 

The Secretary of State may pay the travel costs of each recipient 

and a guest of each recipient who attends the ceremony. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated, for each of the fiscal years 2008 through 2011, 

such sums as may be necessary to carry out this section.’’. 

SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR 

TO MONITOR AND COMBAT FORCED LABOR AND CHILD 

LABOR. 

(a) FINAL REPORT; PUBLIC AVAILABILITY OF LIST.—Not later 

than January 15, 2010, the Secretary of Labor shall— 

(1) submit to the appropriate congressional committees a 

final report that— 

Procedures. 

22 USC 7109b. 


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(A) describes the implementation of section 105(b) of 

the Trafficking Victims Protection Reauthorization Act of 

2005 (22 U.S.C. 7103(b)); and 

(B) includes an initial list of goods described in paragraph (2)(C) of such section; and 

(2) make the list of goods described in paragraph (1)(B) 

available to the public. 

(b) 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. 111. 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 Labour 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. 

TITLE II—COMBATING TRAFFICKING IN 

PERSONS IN THE UNITED STATES 

Subtitle A—Ensuring Availability of 

Possible Witnesses and Informants 

SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RETALIATION. 

(a) T VISAS.—Section 101(a)(15)(T) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended— 

(1) in clause (i)— 

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

‘‘Security and the Attorney General jointly;’’ and inserting 

‘‘Security, in consultation with the Attorney General,’’; 

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

end and inserting a semicolon; 

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

‘‘including physical presence on account of the alien having 

been allowed entry into the United States for participation 

in investigative or judicial processes associated with an 

act or a perpetrator of trafficking;’’; 

(D) in subclause (III)— 

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

(ii) by redesignating item (bb) as item (cc); 

(iii) by inserting after item (aa) the following: 

‘‘(bb) in consultation with the Attorney General, as 

appropriate, is unable to cooperate with a request described 

in item (aa) due to physical or psychological trauma; or’’; 

and 

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

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

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

(2) in clause (ii)— 


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

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

and inserting ‘‘or’’; and 

(C) by adding at the end the following: 

‘‘(III) any parent or unmarried sibling under 18 years 

of age of an alien described in subclause (I) or (II) who 

the Secretary of Homeland Security, in consultation with 

the law enforcement officer investigating a severe form 

of trafficking, determines faces a present danger of retaliation as a result of the alien’s escape from the severe form 

of trafficking or cooperation with law enforcement.’’; and 

(3) by striking clause (iii). 

(b) REQUIREMENTS FOR T VISA ISSUANCE.—Section 214(o)(7) 

of the Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is 

amended— 

(1) in subparagraph (B)— 

(A) by striking ‘‘subparagraph (A) if a Federal’’ and 

inserting the following: ‘‘subparagraph (A) if— 

‘‘(i) a Federal’’; 

(B) by striking the period at the end and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(ii) the alien is eligible for relief under section 245(l) 

and is unable to obtain such relief because regulations have 

not been issued to implement such section; or 

‘‘(iii) the Secretary of Homeland Security determines that 

an extension of the period of such nonimmigrant status is 

warranted due to exceptional circumstances.’’; and 

(2) by adding at the end the following: 

‘‘(C) Nonimmigrant status under section 101(a)(15)(T) shall be 

extended during the pendency of an application for adjustment 

of status under section 245(l).’’. 

(c) CONDITIONS ON NONIMMIGRANT STATUS FOR CERTAIN CRIME

VICTIMS.—Section 214(p)(6) of the Immigration and Nationality Act 

(8 U.S.C. 1184(p)(6)) is amended by adding at the end the following: 

‘‘The Secretary of Homeland Security may extend, beyond the 4- 

year period authorized under this section, the authorized period 

of status of an alien as a nonimmigrant under section 101(a)(15)(U) 

if the Secretary determines that an extension of such period is 

warranted due to exceptional circumstances. Such alien’s nonimmigrant status shall be extended beyond the 4-year period 

authorized under this section if the alien is eligible for relief under 

section 245(m) and is unable to obtain such relief because regulations have not been issued to implement such section and shall 

be extended during the pendency of an application for adjustment 

of status under section 245(m). The Secretary may grant work 

authorization to any alien who has a pending, bona fide application 

for nonimmigrant status under section 101(a)(15)(U).’’. 

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

245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) 

is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘the Attorney General,,’’ and inserting ‘‘in the 

opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate’’; 

(B) in subparagraph (B)— 


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(i) by inserting ‘‘subject to paragraph (6),’’ after 

‘‘(B)’’; and 

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

(C) in subparagraph (C)— 

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

a semicolon; 

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

of subparagraph (C)(i), the Attorney General, as appropriate’’; and 

(iii) by striking the period at the end and inserting 

the following: ‘‘; or 

‘‘(iii) was younger than 18 years of age at the 

time of the victimization qualifying the alien for relief 

under section 101(a)(15)(T).’’; 

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

and inserting the following: ‘‘, unless— 

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

or prosecution described in paragraph (1)(A); or 

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

certifies that the absence was otherwise justified.’’; and 

(3) by adding at the end the following: 

‘‘(6) For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from 

good moral character with respect to an alien if the disqualification 

was caused by, or incident to, the trafficking described in section 

101(a)(15)(T)(i)(I). 

‘‘(7) The Secretary of Homeland Security shall permit aliens 

to apply for a waiver of any fees associated with filing an application 

for relief through final adjudication of the adjustment of status 

for a VAWA self-petitioner and for relief under sections 

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

effect on March 31, 1997).’’. 

(e) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.—Section 

245(m) of the Immigration and Nationality Act (8 U.S.C. 1255(m)) 

is amended— 

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

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

‘‘unless the Secretary’’; and 

(2) by adding at the end the following: 

‘‘(5)(A) The Secretary of Homeland Security shall consult with 

the Attorney General, as appropriate, in making a determination 

under paragraph (1) whether affirmative evidence demonstrates 

that the alien unreasonably refused to provide assistance to a 

Federal law enforcement official, Federal prosecutor, Federal judge, 

or other Federal authority investigating or prosecuting criminal 

activity described in section 101(a)(15)(U)(iii). 

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

the Secretary from consulting with the Attorney General in making 

a determination whether affirmative evidence demonstrates that 

the alien unreasonably refused to provide assistance to a State 

or local law enforcement official, State or local prosecutor, State 

or local judge, or other State or local authority investigating or 

prosecuting criminal activity described in section 101(a)(15)(U)(iii).’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall— 

(1) take effect on the date of enactment of the Act; and 

8 USC 1101 note. 

Consultation. 

Waiver authority. 


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(2) apply to applications for immigration benefits filed on 

or after such date. 

SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS. 

(a) INFORMATION PAMPHLET.— (1) DEVELOPMENT AND DISTRIBUTION.—The Secretary of 

State, in consultation with the Secretary of Homeland Security, 

the Attorney General, and the Secretary of Labor, shall develop 

an information pamphlet on legal rights and resources for aliens 

applying for employment- or education-based nonimmigrant 

visas. 

(2) CONSULTATION.—In developing the information pamphlet under paragraph (1), the Secretary of State shall consult 

with nongovernmental organizations with expertise on the legal 

rights of workers and victims of severe forms of trafficking 

in persons. 

(b) CONTENTS.—The information pamphlet developed under 

subsection (a) shall include information concerning items such as— 

(1) the nonimmigrant visa application processes, including 

information about the portability of employment; 

(2) the legal rights of employment or education-based nonimmigrant visa holders under Federal immigration, labor, and 

employment law; 

(3) the illegality of slavery, peonage, trafficking in persons, 

sexual assault, extortion, blackmail, and worker exploitation 

in the United States; 

(4) the legal rights of immigrant victims of trafficking 

in persons and worker exploitation, including— 

(A) the right of access to immigrant and labor rights 

groups; 

(B) the right to seek redress in United States courts; 

(C) the right to report abuse without retaliation; 

(D) the right of the nonimmigrant to relinquish possession of his or her passport to his or her employer; 

(E) the requirement of an employment contract 

between the employer and the nonimmigrant; and 

(F) an explanation of the rights and protections 

included in the contract described in subparagraph (E); 

and 

(5) information about nongovernmental organizations that 

provide services for victims of trafficking in persons and worker 

exploitation, including— 

(A) anti-trafficking in persons telephone hotlines operated by the Federal Government; 

(B) the Operation Rescue and Restore hotline; and 

(C) a general description of the types of victims services 

available for individuals subject to trafficking in persons 

or worker exploitation. 

(c) TRANSLATION.— 

(1) IN GENERAL.—To best serve the language groups having 

the greatest concentration of employment-based nonimmigrant 

visas, the Secretary of State shall translate the information 

pamphlet developed under subsection (a) into all relevant foreign languages, to be determined by the Secretary based on 

the languages spoken by the greatest concentrations of 

employment- or education-based nonimmigrant visa applicants. 

8 USC 1375b. 

Applicability. 


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

consultation with the Attorney General and the Secretary of 

Homeland Security, shall determine the specific languages into 

which the information pamphlet will be translated based on 

the languages spoken by the greatest concentrations of 

employment- or education-based nonimmigrant visa applicants. 

(d) 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, the Department of Homeland Security, the Department of Justice, the Department of 

Labor, and all United States consular posts processing applications for employment- or education-based nonimmigrant visas. 

(2) OTHER DISTRIBUTION.—The information pamphlet developed under subsection (a) shall be made available to any— 

(A) government agency; 

(B) nongovernmental advocacy organization; or 

(C) foreign labor broker doing business in the United 

States. 

(3) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBUTION.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of State shall distribute and make 

available the information pamphlet developed under subsection 

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

(e) RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF STATE.— 

(1) INTERVIEWS.—A consular officer conducting an interview 

of an alien for an employment-based nonimmigrant visa shall— 

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

understood the contents of the pamphlet described in subsections (a) and (b); and 

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

the contents of the pamphlet described in subsections (a) 

and (b), distribute and orally disclose to the alien the 

information described in paragraphs (2) and (3) in a language that the alien understands; and 

(B) offer to answer any questions the alien may have 

regarding the contents of the pamphlet described in subsections (a) and (b). 

(2) LEGAL RIGHTS.—The consular officer shall disclose to 

the alien— 

(A) the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws; 

(B) the illegality of slavery, peonage, trafficking in 

persons, sexual assault, extortion, blackmail, and worker 

exploitation in the United States; and 

(C) the legal rights of immigrant victims of trafficking 

in persons, worker exploitation, and other related crimes, 

including— 

(i) the right of access to immigrant and labor rights 

groups; 

(ii) the right to seek redress in United States 

courts; and 

(iii) the right to report abuse without retaliation. 

(3) VICTIM SERVICES.—In carrying out the disclosure 

requirement under this subsection, the consular officer shall 

Deadline. 


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disclose to the alien the availability of services for victims 

of human trafficking and worker exploitation in the United 

States, including victim services complaint hotlines. 

(f) DEFINITIONS.—In this section: 

(1) EMPLOYMENT- OR EDUCATION-BASED NONIMMIGRANT

VISA.—The term ‘‘employment- or education-based nonimmigrant visa’’ means— 

(A) a nonimmigrant visa issued under subparagraph 

(A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of the 

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

and 

(B) any nonimmigrant visa issued to a personal or 

domestic servant who is accompanying or following to join 

an employer. 

(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). 

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

of State. 

(4) ABUSING AND EXPLOITING.—The term ‘‘abusing and 

exploiting’’ means any conduct which would constitute a violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of 

title 18, United States Code. 

SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON ISSUANCE 

FOR A–3 AND G–5 VISAS. 

(a) LIMITATIONS ON ISSUANCE OF A–3 AND G–5 VISAS.— 

(1) CONTRACT REQUIREMENT.—Notwithstanding any other 

provision of law, the Secretary of State may not issue— 

(A) an A–3 visa unless the applicant is employed, or 

has signed a contract to be employed containing the 

requirements set forth in subsection (d)(2), by an officer 

of a diplomatic mission or consular post; or 

(B) a G–5 visa unless the applicant is employed, or 

has signed a contract to be employed by an employee 

in an international organization. 

(2) SUSPENSION REQUIREMENT.—Notwithstanding any other 

provision of law, the Secretary shall suspend, for such period 

as the Secretary determines necessary, the issuance of A–3 

visas or G–5 visas to applicants seeking to work for officials 

of a diplomatic mission or an international organization, if 

the Secretary determines that there is credible evidence that 

1 or more employees of such mission or international organization have abused or exploited 1 or more nonimmigrants holding 

an A–3 visa or a G–5 visa, and that the diplomatic mission 

or international organization tolerated such actions. 

(3) ACTION BY DIPLOMATIC MISSIONS OR INTERNATIONAL

ORGANIZATIONS.—The Secretary may suspend the application 

of the limitation under paragraph (2) if the Secretary determines and reports to the appropriate congressional committees 

that a mechanism is in place to ensure that such abuse or 

exploitation does not reoccur with respect to any alien employed 

by an employee of such mission or institution. 

(b) PROTECTIONS AND REMEDIES FOR A–3 AND G–5 NONIMMIGRANTS EMPLOYED BY DIPLOMATS AND STAFF OF INTER- NATIONAL ORGANIZATIONS.— 

8 USC 1375c. 


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(1) IN GENERAL.—The Secretary may not issue or renew 

an A–3 visa or a G–5 visa unless— 

(A) the visa applicant has executed a contract with 

the employer or prospective employer containing provisions 

described in paragraph (2); and 

(B) a consular officer has conducted a personal interview with the applicant outside the presence of the 

employer or any recruitment agent in which the officer 

reviewed the terms of the contract and the provisions of 

the pamphlet required under section 202. 

(2) MANDATORY CONTRACT.—The contract between the 

employer and domestic worker required under paragraph (1) 

shall include— 

(A) an agreement by the employer to abide by all 

Federal, State, and local laws in the United States; 

(B) information on the frequency and form of payment, 

work duties, weekly work hours, holidays, sick days, and 

vacation days; and 

(C) an agreement by the employer not to withhold 

the passport, employment contract, or other personal property of the employee. 

(3) TRAINING OF CONSULAR OFFICERS.—The Secretary shall 

provide appropriate training to consular officers on the fair 

labor standards described in the pamphlet required under section 202, trafficking in persons, and the provisions of this 

section. 

(4) RECORD KEEPING.— 

(A) IN GENERAL.—The Secretary shall maintain records 

on the presence of nonimmigrants holding an A–3 visa 

or a G–5 visa in the United States, including— 

(i) information about when the nonimmigrant 

entered and permanently exited the country of residence; 

(ii) the official title, contact information, and 

immunity level of the employer; and 

(iii) information regarding any allegations of 

employer abuse received by the Department of State. 

(c) PROTECTION FROM REMOVAL DURING LEGAL ACTIONS

AGAINST FORMER EMPLOYERS.— 

(1) REMAINING IN THE UNITED STATES TO SEEK LEGAL

REDRESS.— 

(A) EFFECT OF COMPLAINT FILING.—Except as provided 

in subparagraph (B), if a nonimmigrant holding an A– 

3 visa or a G–5 visa working in the United States files 

a civil action under section 1595 of title 18, United States 

Code, or a civil action regarding a violation of any of 

the terms contained in the contract or violation of any 

other Federal, State, or local law in the United States 

governing the terms and conditions of employment of the 

nonimmigrant that are associated with acts covered by 

such section, the Attorney General and the Secretary of 

Homeland Security shall permit the nonimmigrant to 

remain legally in the United States for time sufficient 

to fully and effectively participate in all legal proceedings 

related to such action. 

(B) EXCEPTION.—An alien described in subparagraph 

(A) may be deported before the conclusion of the legal 


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proceedings related to a civil action described in such 

subparagraph if such alien is— 

(i) inadmissible under paragraph (2)(A)(i)(II), 

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

(3)(B), (3)(C), or (3)(F) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); or 

(ii) deportable under paragraph (2)(A)(ii), 

(2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 

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

(C) FAILURE TO EXERCISE DUE DILIGENCE.—If the Secretary of Homeland Security, after consultation with the 

Attorney General, determines that the nonimmigrant 

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

due diligence in pursuing an action described in subparagraph (A), the Secretary may terminate the status of the 

A–3 or G–5 nonimmigrant. 

(2) AUTHORIZATION TO WORK.—The Attorney General and 

the Secretary of Homeland Security shall authorize any nonimmigrant described in paragraph (1) to engage in employment 

in the United States during the period the nonimmigrant is 

in the United States pursuant to paragraph (1). 

(d) STUDY AND REPORT.— 

(1) INVESTIGATION REPORT.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of the enactment of this Act, and every 2 years thereafter for the following 10 years, the Secretary shall submit 

a report to the appropriate congressional committees on 

the implementation of this section. 

(B) CONTENTS.—The report submitted under subparagraph (A) shall include— 

(i) an assessment of the actions taken by the 

Department of State and the Department of Justice 

to investigate allegations of trafficking or abuse of 

nonimmigrants holding an A–3 visa or a G–5 visa; 

and 

(ii) the results of such investigations. 

(2) FEASIBILITY OF OVERSIGHT OF EMPLOYEES OF DIPLOMATS

AND REPRESENTATIVES OF OTHER INSTITUTIONS REPORT.—Not 

later than 180 days after the date of the enactment of this 

Act, the Secretary shall submit a report to the appropriate 

congressional committees on the feasibility of— 

(A) establishing a system to monitor the treatment 

of nonimmigrants holding an A–3 visa or a G–5 visa who 

have been admitted to the United States; 

(B) a range of compensation approaches, such as a 

bond program, compensation fund, or insurance scheme, 

to ensure that such nonimmigrants receive appropriate 

compensation if their employers violate the terms of their 

employment contracts; and 

(C) with respect to each proposed compensation 

approach described in subparagraph (B), an evaluation and 

proposal describing the proposed processes for— 

(i) adjudicating claims of rights violations; 

(ii) determining the level of compensation; and 

(iii) administering the program, fund, or scheme. 

(e) ASSISTANCE TO LAW ENFORCEMENT INVESTIGATIONS.—The 

Secretary shall cooperate, to the fullest extent possible consistent 


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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 abuse or exploitation of a nonimmigrant holding an A–3 visa or a G–5 visa. 

(f) DEFINITIONS.—In this section: 

(1) A–3 VISA.—The term ‘‘A–3 visa’’ means a nonimmigrant 

visa issued pursuant to section 101(a)(15)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)). 

(2) G–5 VISA.—The term ‘‘G–5 visa’’ means a nonimmigrant 

visa issued pursuant to section 101(a)(15)(G)(v) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)). 

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

of State. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; 

and 

(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. 

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) If the Secretary of Homeland Security determines that 

an application for nonimmigrant status under subparagraph (T) 

or (U) of section 101(a)(15) filed for an alien in the United States 

sets forth a prima facie case for approval, the Secretary may grant 

the alien an administrative stay of a final order of removal under 

section 241(c)(2) until— 

‘‘(A) the application for nonimmigrant status under such 

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

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

for such nonimmigrant status after the exhaustion of administrative appeals. 

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

removal under this subsection shall not preclude the alien from 

applying for a stay of removal, deferred action, or a continuance 

or abeyance of removal proceedings under any other provision of 

the immigration laws of the United States. 

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

removal is in effect, the alien shall not be removed. 

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

authority of the Secretary of Homeland Security or the Attorney 

General to grant a stay of removal or deportation in any case 

not described in this subsection.’’. 

SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED STATES. 

(a) EXPANSION OF AUTHORITY.— (1) IN GENERAL.—Section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended 

to read as follows: 

‘‘(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE

UNITED STATES.— 

‘‘(A) TRAFFICKING VICTIMS.— 


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‘‘(i) IN GENERAL.—If a Federal law enforcement 

official files an application stating that an alien is 

a victim of a severe form of trafficking and may be 

a potential witness to such trafficking, the Secretary 

of Homeland Security may permit the alien to remain 

in the United States to facilitate the investigation and 

prosecution of those responsible for such crime. 

‘‘(ii) SAFETY.—While investigating and prosecuting 

suspected traffickers, Federal law enforcement officials 

described in clause (i) shall endeavor to make reasonable efforts to protect the safety of trafficking victims, 

including taking measures to protect trafficked persons 

and their family members from intimidation, threats 

of reprisals, and reprisals from traffickers and their 

associates. 

‘‘(iii) CONTINUATION OF PRESENCE.—The Secretary 

shall permit an alien described in clause (i) who has 

filed a civil action under section 1595 of title 18, United 

States Code, to remain in the United States until such 

action is concluded. If the Secretary, in consultation 

with the Attorney General, determines that the alien 

has failed to exercise due diligence in pursuing such 

action, the Secretary may revoke the order permitting 

the alien to remain in the United States. 

‘‘(iv) EXCEPTION.—Notwithstanding clause (iii), an 

alien described in such clause may be deported before 

the conclusion of the administrative and legal proceedings related to a complaint described in such clause 

if such alien is inadmissible under paragraph 

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

(3)(A)(iii), (3)(B), or (3)(C) of section 212(a) of the 

Immigration and Nationality Act (8 U.S.C. 1182(a)). 

‘‘(B) PAROLE FOR RELATIVES.—Law enforcement officials may submit written requests to the Secretary of 

Homeland Security, in accordance with section 240A(b)(6) 

of the Immigration and Nationality Act (8 U.S.C. 

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

of certain relatives of an alien described in subparagraph 

(A)(i). 

‘‘(C) STATE AND LOCAL LAW ENFORCEMENT.—The Secretary of Homeland Security, in consultation with the 

Attorney General, shall— 

‘‘(i) develop materials to assist State and local 

law enforcement officials in working with Federal law 

enforcement to obtain continued presence for victims 

of a severe form of trafficking in cases investigated 

or prosecuted at the State or local level; and 

‘‘(ii) distribute the materials developed under 

clause (i) to State and local law enforcement officials.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1)— 

(A) shall take effect on the date of the enactment 

of this Act; 

(B) shall apply to pending requests for continued presence filed pursuant to section 107(c)(3) of the Trafficking 

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

filed on or after such date; and 

Applicability. 

22 USC 7105 

note. 


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

in the United States. 

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

240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) 

is amended by adding at the end the following: 

‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— ‘‘(A) IN GENERAL.—Upon written request by a law 

enforcement official, the Secretary of Homeland Security 

may parole under section 212(d)(5) any alien who is a 

relative of an alien granted continued presence under section 107(c)(3)(A) of the Trafficking Victims Protection Act 

(22 U.S.C. 7105(c)(3)(A)), if the relative— 

‘‘(i) was, on the date on which law enforcement 

applied for such continued presence— 

‘‘(I) in the case of an alien granted continued 

presence who is under 21 years of age, the spouse, 

child, parent, or unmarried sibling under 18 years 

of age, of the alien; or 

‘‘(II) in the case of an alien granted continued 

presence who is 21 years of age or older, the spouse 

or child of the alien; or 

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

requesting law enforcement official, in consultation 

with the Secretary of Homeland Security, as appropriate, determines to be in present danger of retaliation 

as a result of the alien’s escape from the severe form 

of trafficking or cooperation with law enforcement, 

irrespective of age. 

‘‘(B) DURATION OF PAROLE.— 

‘‘(i) IN GENERAL.—The Secretary may extend the 

parole granted under subparagraph (A) until the final 

adjudication of the application filed by the principal 

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

‘‘(ii) OTHER LIMITS ON DURATION.—If an application 

described in clause (i) is not filed, the parole granted 

under subparagraph (A) may extend until the later 

of— 

‘‘(I) the date on which the principal alien’s 

authority to remain in the United States under 

section 107(c)(3)(A) of the Trafficking Victims 

Protection Act (22 U.S.C. 7105(c)(3)(A)) is terminated; or 

‘‘(II) the date on which a civil action filed 

by the principal alien under section 1595 of title 

18, United States Code, is concluded. 

‘‘(iii) DUE DILIGENCE.—Failure by the principal 

alien to exercise due diligence in filing a visa petition 

on behalf of an alien described in clause (i) or (ii) 

of subparagraph (A), or in pursuing the civil action 

described in clause (ii)(II) (as determined by the Secretary of Homeland Security in consultation with the 

Attorney General), may result in revocation of parole. 

‘‘(C) OTHER LIMITATIONS.—A relative may not be 

granted parole under this paragraph if— 

‘‘(i) the Secretary of Homeland Security or the 

Attorney General has reason to believe that the relative was knowingly complicit in the trafficking of 


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an alien permitted to remain in the United States 

under section 107(c)(3)(A) of the Trafficking Victims 

Protection Act (22 U.S.C. 7105(c)(3)(A)); or 

‘‘(ii) the relative is an alien described in paragraph 

(2) or (3) of section 212(a) or paragraph (2) or (4) 

of section 237(a).’’. 

Subtitle B—Assistance for Trafficking 

Victims 

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS 

APPLICANTS. 

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

and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) 

is amended— 

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

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

and inserting ‘‘; or’’; and 

(3) by inserting after paragraph (3) the following: 

‘‘(4) an alien who has been granted nonimmigrant status 

under section 101(a)(15)(T) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application 

that sets forth a prima facie case for eligibility for such nonimmigrant status.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall 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 have been implemented to carry 

out such amendments. 

SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 

(a) IN GENERAL.—Section 107(b)(1) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended— 

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

to cooperate with such a request due to physical or psychological 

trauma’’ before the semicolon; and 

(2) by adding at the end the following: 

‘‘(F) ELIGIBILITY FOR INTERIM ASSISTANCE OF CHILDREN.— 

‘‘(i) DETERMINATION.—Upon receiving credible 

information that a child described in subparagraph 

(C)(ii)(I) who is seeking assistance under this paragraph may have been subjected to a severe form of 

trafficking in persons, the Secretary of Health and 

Human Services shall promptly determine if the child 

is eligible for interim assistance under this paragraph. 

The Secretary shall have exclusive authority to make 

interim eligibility determinations under this clause. 

A determination of interim eligibility under this clause 

shall not affect the independent determination whether 

a child is a victim of a severe form of trafficking. 

‘‘(ii) NOTIFICATION.—The Secretary of Health and 

Human Services shall notify the Attorney General and 

the Secretary of Homeland Security not later than 

24 hours after all interim eligibility determinations 

have been made under clause (i). 

Deadline. 

Applicability. 

8 USC 1641 note. 


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‘‘(iii) DURATION.—Assistance under this paragraph 

may be provided to individuals determined to be 

eligible under clause (i) for a period of up to 90 days 

and may be extended for an additional 30 days. 

‘‘(iv) LONG-TERM ASSISTANCE FOR CHILDREN.— ‘‘(I) ELIGIBILITY DETERMINATION.—Before the 

expiration of the period for interim assistance 

under clause (iii), the Secretary of Health and 

Human Services shall determine if the child 

referred to in clause (i) is eligible for assistance 

under this paragraph. 

‘‘(II) CONSULTATION.—In making a determination under subclause (I), the Secretary shall consult with the Attorney General, the Secretary of 

Homeland Security, and nongovernmental 

organizations with expertise on victims of severe 

form of trafficking. 

‘‘(III) LETTER OF ELIGIBILITY.—If the Secretary, 

after receiving information the Secretary believes, 

taken as a whole, indicates that the child is eligible 

for assistance under this paragraph, the Secretary 

shall issue a letter of eligibility. The Secretary 

may not require that the child cooperate with law 

enforcement as a condition for receiving such letter 

of eligibility. 

‘‘(G) NOTIFICATION OF CHILDREN FOR INTERIM ASSISTANCE.—Not later than 24 hours after a Federal, State, 

or local official discovers that a person who is under 18 

years of age may be a victim of a severe form of trafficking 

in persons, the official shall notify the Secretary of Health 

and Human Services to facilitate the provision of interim 

assistance under subparagraph (F).’’. 

(b) TRAINING OF GOVERNMENT PERSONNEL.—Section 107(c)(4) 

of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

7105(c)(4)) is amended— 

(1) by inserting ‘‘, the Department of Homeland Security, 

the Department of Health and Human Services,’’ after ‘‘the 

Department of State’’; and 

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

General and the Secretary of Health and Human Services shall 

provide training to State and local officials to improve the 

identification and protection of such victims’’ before the period 

at the end. 

SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING 

IN PERSONS. 

(a) AMENDMENTS TO TRAFFICKING VICTIMS PROTECTION ACT

OF 2000.— 

(1) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL

PERMANENT RESIDENTS.—Section 107 of the Trafficking Victims 

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

after subsection (e) the following: 

‘‘(f) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL

PERMANENT RESIDENTS.— 

‘‘(1) IN GENERAL.—The Secretary of Health and Human 

Services and the Attorney General, in consultation with the 

Secretary of Labor, shall establish a program to assist United 

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States citizens and aliens lawfully admitted for permanent 

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

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

of severe forms of trafficking. In determining the assistance 

that would be most beneficial for such victims, the Secretary 

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 specialized 

services required for victims described in paragraph (1), the 

program established pursuant to paragraph (1) shall— 

‘‘(A) facilitate communication and coordination between 

the providers of assistance to such victims; 

‘‘(B) provide a means to identify such providers; and 

‘‘(C) provide a means to make 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.— 

‘‘(A) IN GENERAL.—The Secretary of Health and Human 

Services and the Attorney General may award grants to 

States, Indian tribes, units of local government, and nonprofit, nongovernmental victim service organizations to 

develop, expand, and strengthen victim service programs 

authorized under this subsection. 

‘‘(B) MAXIMUM FEDERAL SHARE.—The Federal share of 

a grant awarded under this paragraph may not exceed 

75 percent of the total costs of the projects described in 

the application submitted by the grantee.’’. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 113 of the 

Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) 

is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘To carry out’’ and inserting the 

following: 

‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To carry 

out’’; and 

(ii) by adding at the end the following: 

‘‘(2) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.—To 

carry out the purposes of section 107(f), there are authorized 

to be appropriated to the Secretary of Health and Human 

Services— 

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

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

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

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

(B) in subsection (d)— 

(i) by striking ‘‘To carry out the purposes of section 

107(b)’’ and inserting the following: 

‘‘(A) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To 

carry out the purposes of section 107(b)’’; 

(ii) by striking ‘‘To carry out the purposes of section 

134’’ and inserting the following: 

‘‘(B) ASSISTANCE TO FOREIGN COUNTRIES.—To carry out 

the purposes of section 134’’; and 

(iii) by adding at the end the following: 

Consultation. 


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122 STAT. 5066 PUBLIC LAW 110–457—DEC. 23, 2008 

‘‘(C) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.— 

To carry out the purposes of section 107(f), there are 

authorized to be appropriated to the Attorney General— 

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

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

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

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

(3) TECHNICAL ASSISTANCE.—Section 107(b)(2)(B)(ii) of the 

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

7105(b)(2)(B)(ii)) is amended to read as follows: 

‘‘(ii) 5 percent for training and technical assistance, 

including increasing capacity and expertise on security 

for and protection of service providers from intimidation or retaliation for their activities.’’. 

(b) STUDY.— 

(1) REQUIREMENT.—Not later than 1 year after the date 

of the enactment of this Act, the Attorney General and the 

Secretary of Health and Human Services shall submit a report 

to the appropriate congressional committees that identifies the 

existence and extent of any service gap between victims 

described in section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) and individuals described 

in section 107(f) of such Act, as amended by section 213(a) 

of this Act. 

(2) ELEMENTS.—In carrying out the study under subparagraph (1), the Attorney General and the Secretary of Health 

and Human Services shall— 

(A) investigate factors relating to the legal ability of 

the victims described in paragraph (1) 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 the victims described in paragraph (1) to governmentfunded social services; 

(C) investigate any impediments to the access of the 

victims described in paragraph (1) to government-funded 

services targeted to victims of severe forms of 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 the victims described in paragraph (1); 

and 

(E) include findings, best practices, and recommendations, if any, based on the study of the elements described 

in subparagraphs (A) through (D) and any other related 

information. 

Deadline. 

Reports. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5067 

Subtitle C—Penalties Against Traffickers 

and Other Crimes 

SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF 

CIVIL ACTION. 

Chapter 77 of title 18, United States Code, is amended— 

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

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

governed by the provisions of section 413 (other than subsection 

(d) of such section) of the Controlled Substances Act (21 U.S.C. 

853).’’; and 

(2) in section 1595— 

(A) in subsection (a)— 

(i) by striking ‘‘of section 1589, 1590, or 1591’’; 

and 

(ii) by inserting ‘‘(or whoever knowingly benefits, 

financially or by receiving anything of value from 

participation in a venture which that person knew 

or should have known has engaged in an act in violation of this chapter)’’ after ‘‘perpetrator’’; and 

(B) by adding at the end the following: 

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

it is commenced not later than 10 years after the cause of action 

arose.’’. 

SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES. 

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

is amended— 

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘If, after a hearing’’; 

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

(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebuttal’’; 

(5) by striking ‘‘paragraph (1) of this subsection’’ each place 

it appears and inserting ‘‘subparagraph (A)’’; 

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

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

the following: ‘‘committed— 

‘‘(A) an offense’’; 

(B) by striking ‘‘46, an offense’’ and inserting the following: ‘‘46; 

‘‘(B) an offense’’; 

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

following: ‘‘title; 

‘‘(C) an offense’’; and 

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

the following: ‘‘prescribed; 

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

a maximum term of imprisonment of 20 years or more is 

prescribed; or 

‘‘(E) an offense’’. 

(b) PREVENTING OBSTRUCTION.— 

(1) ENTICEMENT INTO SLAVERY.—Section 1583 of title 18, 

United States Code, is amended to read as follows: 

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122 STAT. 5068 PUBLIC LAW 110–457—DEC. 23, 2008 

‘‘§ 1583. Enticement into slavery 

‘‘(a) Whoever— 

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

intent that such other person be sold into involuntary servitude, 

or held as a slave; 

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

go on board any vessel or to any other place with the intent 

that he or she may be made or held as a slave, or sent out 

of the country to be so made or held; or 

‘‘(3) obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, 

shall be fined under this title, imprisoned not more than 20 years, 

or both. 

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

title, imprisoned for any term of years or for life, or both if— 

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

‘‘(2) the violation includes kidnaping, an attempt to kidnap, 

aggravated sexual abuse, an attempt to commit aggravated 

sexual abuse, or an attempt to kill.’’. 

(2) SALE INTO INVOLUNTARY SERVITUDE.—Section 1584 of 

such title is amended— 

(A) by striking ‘‘Whoever’’ and inserting the following: 

‘‘(a) Whoever’’; and 

(B) by adding at the end the following: 

‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 

interferes with or prevents the enforcement of this section, shall 

be subject to the penalties described in subsection (a).’’. 

(3) PUNISHING FINANCIAL GAIN FROM TRAFFICKED LABOR.— 

Section 1589 of such title is amended to read as follows: 

‘‘SEC. 1589. FORCED LABOR. 

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

of a person by any one of, or by any combination of, the following 

means— 

‘‘(1) by means of force, threats of force, physical restraint, 

or threats of physical restraint to that person or another person; 

‘‘(2) by means of serious harm or threats of serious harm 

to that person or another person; 

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

or legal process; or 

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

to cause the person to believe that, if that person did not 

perform such labor or services, that person or another person 

would suffer serious harm or physical restraint, 

shall be punished as provided under subsection (d). 

‘‘(b) Whoever knowingly benefits, financially or by receiving 

anything of value, from participation in a venture which has 

engaged in the providing or obtaining of labor or services by any 

of the means described in subsection (a), knowing or in reckless 

disregard of the fact that the venture has engaged in the providing 

or obtaining of labor or services by any of such means, shall be 

punished as provided in subsection (d). 

‘‘(c) In this section: 

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

process’ means the use or threatened use of a law or legal 

process, whether administrative, civil, or criminal, in any 

manner or for any purpose for which the law was not designed, 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5069 

in order to exert pressure on another person to cause that 

person to take some action or refrain from taking some action. 

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

physical or nonphysical, including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the 

surrounding circumstances, to compel a reasonable person of 

the same background and in the same circumstances to perform 

or to continue performing labor or services in order to avoid 

incurring that harm. 

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

title, imprisoned not more than 20 years, or both. If death results 

from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an 

attempt to kill, the defendant shall be fined under this title, imprisoned for any term of years or life, or both.’’. 

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

(A) by striking ‘‘Whoever’’ and inserting the following: 

‘‘(a) Whoever’’; and 

(B) by adding at the end the following: 

‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 

interferes with or prevents the enforcement of this section, shall 

be subject to the penalties under subsection (a).’’. 

(5) SEX TRAFFICKING OF CHILDREN.—Section 1591 of such 

title is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘or obtains’’ and 

inserting ‘‘obtains, or maintains’’; and 

(ii) in the matter following paragraph (2), by 

striking ‘‘that force, fraud, or coercion described in 

subsection (c)(2)’’ and inserting ‘‘, or in reckless disregard of the fact, that means of force, threats of 

force, fraud, coercion described in subsection (e)(2), 

or any combination of such means’’; 

(B) by redesignating subsection (c) as subsection (e); 

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

coercion’’ and inserting ‘‘means of force, threats of force, 

fraud, or coercion described in subsection (e)(2), or by any 

combination of such means,’’; 

(D) by inserting after subsection (b) the following: 

‘‘(c) In a prosecution under subsection (a)(1) in which the 

defendant had a reasonable opportunity to observe the person so 

recruited, enticed, harbored, transported, provided, obtained or 

maintained, the Government need not prove that the defendant 

knew that the person had not attained the age of 18 years. 

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

interferes with or prevents the enforcement of this section, shall 

be fined under this title, imprisoned for a term not to exceed 

20 years, or both.’’; 

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

(i) by redesignating paragraph (3) as paragraph 

(5); 

(ii) by redesignating paragraph (1) as paragraph 

(3); 

(iii) by inserting before paragraph (2) the following: 

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

process’ means the use or threatened use of a law or legal 

process, whether administrative, civil, or criminal, in any 


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122 STAT. 5070 PUBLIC LAW 110–457—DEC. 23, 2008 

manner or for any purpose for which the law was not designed, 

in order to exert pressure on another person to cause that 

person to take some action or refrain from taking some action.’’; 

and 

(iv) by inserting after paragraph (3), as redesignated, the following: 

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

physical or nonphysical, including psychological, financial, or 

reputational harm, that is sufficiently serious, under all the 

surrounding circumstances, to compel a reasonable person of 

the same background and in the same circumstances to perform 

or to continue performing commercial sexual activity in order 

to avoid incurring that harm.’’. 

(6) UNLAWFUL CONDUCT.—Section 1592 of such title is 

amended by adding at the end the following: 

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

interferes with or prevents the enforcement of this section, shall 

be subject to the penalties described in subsection (a).’’. 

(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Section 1594 of 

title 18, United States Code, is amended— 

(1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively; and 

(2) by inserting after subsection (a) the following: 

‘‘(b) Whoever conspires with another to violate section 1581, 

1583, 1589, 1590, or 1592 shall be punished in the same manner 

as a completed violation of such section. 

‘‘(c) Whoever conspires with another to violate section 1591 

shall be fined under this title, imprisoned for any term of years 

or for life, or both.’’. 

(d) BENEFITTING FINANCIALLY FROM PEONAGE, SLAVERY, AND

TRAFFICKING IN PERSONS.— 

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

Code, is amended by inserting after section 1593 the following: 

‘‘§ 1593A. Benefitting financially from peonage, slavery, and 

trafficking in persons 

‘‘Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged 

in any act in violation of section 1581(a), 1592, or 1595(a), knowing 

or in reckless disregard of the fact that the venture has engaged 

in such violation, shall be fined under this title or imprisoned 

in the same manner as a completed violation of such section.’’. 

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

beginning of such chapter is amended by inserting after the 

item relating to section 1593 the following: 

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

(e) RETALIATION IN FOREIGN LABOR CONTRACTING.—Chapter 

63 of title 18, United States Code, is amended— 

(1) in the chapter heading, by adding at the end the following: ‘‘AND OTHER FRAUD OFFENSES’’; 

(2) by adding at the end the following: 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5071 

‘‘§ 1351. Fraud in foreign labor contracting 

‘‘Whoever knowingly and with intent to defraud recruits, solicits 

or hires a person outside the United States for purposes of employment in the United States by means of materially false or fraudulent 

pretenses, representations or promises regarding that employment 

shall be fined under this title or imprisoned for not more than 

5 years, or both.’’; and 

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

relating to section 1350 the following: 

‘‘1351. Fraud in foreign labor contracting.’’. 

(f) TIGHTENING IMMIGRATION PROHIBITIONS.— 

(1) GROUND OF INADMISSIBILITY FOR TRAFFICKING.—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 ‘‘who is listed in a 

report submitted pursuant to section 111(b) of the Trafficking 

Victims Protection Act of 2000’’ and inserting ‘‘who commits 

or conspires to commit human trafficking offenses in the United 

States or outside the United States’’. 

(2) GROUND OF REMOVABILITY.—Section 237(a)(2) of such 

Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 

the following: 

‘‘(F) TRAFFICKING.—Any alien described in section 

212(a)(2)(H) is deportable.’’. 

(g) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its 

authority under section 994 of title 28, United States Code, the 

United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements 

applicable to persons convicted of alien harboring to ensure conformity with the sentencing guidelines applicable to persons convicted of promoting a commercial sex act if— 

(1) the harboring was committed in furtherance of prostitution; and 

(2) the defendant to be sentenced is an organizer, leader, 

manager, or supervisor of the criminal activity. 

SEC. 223. 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: 

‘‘§ 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 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 

28 USC 994 note. 


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122 STAT. 5072 PUBLIC LAW 110–457—DEC. 23, 2008 

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: 

‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 

SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER 

PENALTIES FOR SEX TRAFFICKING. 

(a) RELEASE AND DETENTION.—Subsections (f)(1)(A) and (g)(1) 

of section 3142 of title 18, United States Code, are amended by 

striking ‘‘violence,’’ each place such term appears and inserting 

‘‘violence, a violation of section 1591,’’. 

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

Code, is amended by inserting ‘‘1591,’’ after ‘‘1201,’’. 

(c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of title 18, 

United States Code, is amended, by striking ‘‘or chapter 110’’ and 

inserting ‘‘chapter 110, or section 1591’’. 

SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT. 

(a) RELATIONSHIP AMONG FEDERAL AND STATE LAW.—Nothing 

in this Act, the Trafficking Victims Protection Act of 2000, the 

Trafficking Victims Protection Reauthorization Act of 2003, the 

Trafficking Victims Protection Reauthorization Act of 2005, chapters 

77 and 117 of title 18, United States Code, or any model law 

issued by the Department of Justice to carry out the purposes 

of any of the aforementioned statutes— 

(1) may be construed to treat prostitution as a valid form 

of employment under Federal law; or 

(2) shall preempt, supplant, or limit the effect of any State 

or Federal criminal law. 

(b) MODEL STATE CRIMINAL PROVISIONS.—In addition to any 

model State antitrafficking statutes in effect on the date of the 

enactment of this Act, the Attorney General shall facilitate the 

promulgation of a model State statute that— 

(1) furthers a comprehensive approach to investigation and 

prosecution through modernization of State and local prostitution and pandering statutes; and 

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

15, 1935 (49 Stat. 651; D.C. Code 22–2701 et seq.) (relating 

to prostitution and pandering). 

(c) DISTRIBUTION.—The model statute described in subsection 

(b) and the text of chapter 27 of the Criminal Code of the District 

of Columbia (D.C. Code 22–2701 et seq.) shall be— 

(1) posted on the website of the Department of Justice; 

and 

(2) distributed to the Attorney General of each State. 

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)— 

Web site. 

22 USC 7101 

note. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5073 

(A) by striking ‘‘section 107(b)’’ and inserting ‘‘subsections (b) and (f) of section 107’’; and 

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

Secretary of Labor,’’; 

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

(3) by redesignating subparagraph (H) as subparagraph 

(J); and 

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

‘‘(H) activities by the Department of Defense to combat 

trafficking in persons, including— 

‘‘(i) educational efforts for, and disciplinary actions 

taken against, members of the United States Armed 

Forces; 

‘‘(ii) the development of materials used to train 

the armed forces of foreign countries; and 

‘‘(iii) efforts to ensure that United States Government contractors and their employees or United States 

Government subcontractors and their employees do not 

engage in trafficking in persons; 

‘‘(I) activities or actions by Federal departments and 

agencies to enforce— 

‘‘(i) section 106(g) and any similar 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, the procurement 

of commercial sex acts, or the 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 convictmade 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. INVESTIGATION BY THE INSPECTORS GENERAL. 

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

2012, the Inspectors General of the Department of Defense, the 

Department of State, and the United States Agency for International Development shall investigate a sample of the contracts 

described in subsection (b). 

(b) CONTRACTS DESCRIBED.— 

(1) IN GENERAL.—The contracts described in subsection 

(a) are contracts, or subcontracts at any tier, under which 

there is a heightened risk that a contractor may engage, knowingly or unknowingly, in acts related to trafficking in persons, 

such as— 

(A) confiscation of an employee’s passport; 

(B) restriction on an employee’s mobility; 

(C) abrupt or evasive repatriation of an employee; 

(D) deception of an employee regarding the work destination; or 

(E) acts otherwise described in section 106(g) of the 

Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104). 


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(2) CONSULTATION AND INFORMATION RECEIVED.—In determining the type of contact that should be investigated pursuant 

to subsection (a), the Inspectors General shall— 

(A) consult with the Director of the Office to Combat 

Trafficking in Persons of the Department of State; and 

(B) take into account any credible information received 

regarding report of trafficking in persons. 

(c) CONGRESSIONAL NOTIFICATION.— (1) IN GENERAL.—Not later than January 15, 2009, and 

annually thereafter through January 15, 2011, each Inspector 

General shall submit a report to the congressional committees 

listed in paragraph (3)— 

(A) summarizing the findings of the investigations conducted in the previous year, including any findings 

regarding trafficking in persons or any improvements 

needed to prevent trafficking in persons; and 

(B) in the case of any contractor or subcontractor with 

regard to which the Inspector General has found substantial evidence of trafficking in persons, report as to— 

(i) whether or not the case has been referred for 

prosecution; and 

(ii) whether or not the case has been treated in 

accordance with section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) (relating 

to termination of certain grants, contracts and cooperative agreements). 

(2) JOINT REPORT.—The Inspectors General described in 

subsection (a) may submit their reports jointly. 

(3) CONGRESSIONAL COMMITTEES.—The committees list in 

this paragraph are— 

(A) the Committee on Armed Services of the Senate; 

(B) the Committee on Foreign Relations of the Senate; 

(C) the Committee on Armed Services of the House 

of Representatives; and 

(D) the Committee on Foreign Affairs of the House 

of Representatives. 

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. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS. 

Section 212(a)(2)(H)(i) of the Immigration and Nationality Act 

(8 U.S.C. 1182(a)(2)(H)(i)) is amended by striking ‘‘consular officer’’ 

and inserting ‘‘consular officer, the Secretary of Homeland Security, 

the Secretary of State,’’. 

SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF 

CHILDREN. 

(a) COMBATING 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 Homeland Security, in conjunction with the 

Secretary of State, the Attorney General, and the Secretary 

of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the 

8 USC 1232. 

Deadlines. 

Reports. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5075 

United States are safely repatriated to their country of nationality or of last habitual residence. 

(2) SPECIAL RULES FOR CHILDREN FROM CONTIGUOUS COUNTRIES.— 

(A) DETERMINATIONS.—Any unaccompanied alien child 

who is a national or habitual resident of a country that 

is contiguous with the United States shall be treated in 

accordance with subparagraph (B), if the Secretary of 

Homeland Security determines, on a case-by-case basis, 

that— 

(i) such child has not been a victim of a severe 

form of trafficking in persons, and there is no credible 

evidence that such child is at risk of being trafficked 

upon return to the child’s country of nationality or 

of last habitual residence; 

(ii) such child does not have a fear of returning 

to the child’s country of nationality or of last habitual 

residence owing to a credible fear of persecution; and 

(iii) the child is able to make an independent decision to withdraw the child’s application for admission 

to the United States. 

(B) RETURN.—An immigration officer who finds an 

unaccompanied alien child described in subparagraph (A) 

at a land border or port of entry of the United States 

and determines that such child is inadmissible under the 

Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

may— 

(i) permit such child to withdraw the child’s 

application for admission pursuant to section 235(a)(4) 

of the Immigration and Nationality Act (8 U.S.C. 

1225(a)(4)); and 

(ii) return such child to the child’s country of 

nationality or country of last habitual residence. 

(C) CONTIGUOUS COUNTRY AGREEMENTS.—The Secretary of State shall negotiate agreements between the 

United States and countries contiguous to the United 

States with respect to the repatriation of children. Such 

agreements shall be designed to protect children from 

severe forms of trafficking in persons, and shall, at a minimum, provide that— 

(i) no child shall be returned to the child’s country 

of nationality or of last habitual residence unless 

returned to appropriate employees or officials, 

including child welfare officials where available, 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 (b). 


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122 STAT. 5076 PUBLIC LAW 110–457—DEC. 23, 2008 

(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 (b). Nothing in this paragraph may be construed to preclude an earlier transfer of 

the child. 

(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 the Secretary of Health and Human Services and the Secretary 

of Homeland Security, nongovernmental organizations, and 

other national and international agencies and experts, to 

develop and implement best practices to ensure the safe 

and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or 

of last habitual residence, including placement with their 

families, legal guardians, or other sponsoring agencies. 

(B) ASSESSMENT OF COUNTRY CONDITIONS.—The Secretary of Homeland Security shall consult the Department 

of State’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. 

(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 State and the Secretary of Health and Human 

Services, with assistance from the Secretary of Homeland 

Security, 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 improve repatriation programs for 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 

Consultation. 

Deadline. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5077 

(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 (a)(2), shall be— 

(i) placed in removal proceedings under section 

240 of the Immigration and Nationality Act (8 U.S.C. 

1229a); 

(ii) eligible for relief under section 240B of such 

Act (8 U.S.C. 1229c) at no cost to the child; and 

(iii) provided access to counsel in accordance with 

subsection (c)(5). 

(b) COMBATING CHILD TRAFFICKING AND EXPLOITATION IN THE

UNITED STATES.— 

(1) CARE AND CUSTODY OF UNACCOMPANIED ALIEN CHILDREN.—Consistent with section 462 of the Homeland Security 

Act of 2002 (6 U.S.C. 279), and except as otherwise provided 

under subsection (a), the care and custody of all unaccompanied 

alien children, including responsibility for their detention, 

where appropriate, shall be the responsibility of the Secretary 

of Health and Human Services. 

(2) NOTIFICATION.—Each department or agency of the Federal Government shall notify the Department of Health and 

Human services within 48 hours upon— 

(A) the apprehension or discovery of an unaccompanied 

alien child; or 

(B) any claim or suspicion that an alien in the custody 

of such department or agency is under 18 years of age. 

(3) TRANSFERS OF UNACCOMPANIED ALIEN CHILDREN.— 

Except in the case of exceptional circumstances, any department 

or agency of the Federal Government that has an unaccompanied alien child in custody shall transfer the custody of 

such child to the Secretary of Health and Human Services 

not later than 72 hours after determining that such child is 

an unaccompanied alien child. 

(4) AGE DETERMINATIONS.—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 take into account multiple forms of evidence, including the non-exclusive use of 

radiographs, to determine the age of the unaccompanied alien. 

(c) 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 

Procedures. 

Deadline. 

Deadline. 


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122 STAT. 5078 PUBLIC LAW 110–457—DEC. 23, 2008 

and programs reflecting best practices in witness security programs. 

(2) SAFE AND SECURE PLACEMENTS.—Subject to section 

462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 

279(b)(2)), an unaccompanied alien child in the custody of the 

Secretary of Health and Human Services shall be promptly 

placed in the least restrictive setting that is in the best interest 

of the child. In making such placements, the Secretary may 

consider danger to self, danger to the community, and risk 

of flight. Placement of child trafficking victims may include 

placement in an Unaccompanied Refugee Minor program, 

pursuant to section 412(d) of the Immigration and Nationality 

Act (8 U.S.C. 1522(d)), if a suitable family member is not 

available to provide care. A child shall not be placed in a 

secure facility absent a determination that the child poses 

a danger to self or others or has been charged with having 

committed a criminal offense. The placement of a child in 

a secure facility shall be reviewed, at a minimum, on a monthly 

basis, in accordance with procedures prescribed by the Secretary, to determine if such placement remains warranted. 

(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))), 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, or a child whose proposed sponsor clearly 

presents a risk of abuse, maltreatment, exploitation, or 

trafficking to the child based on all available objective 

evidence. The Secretary of Health and Human Services 

shall conduct follow-up services, during the pendency of 

removal proceedings, on children for whom a home study 

was conducted and is authorized to conduct follow-up services in cases involving children with mental health or other 

needs who could benefit from ongoing assistance from a 

social welfare agency. 

(C) ACCESS TO INFORMATION.—Not later than 2 weeks 

after receiving a request from the Secretary of Health 

and Human Services, the Secretary of Homeland Security 

shall provide information necessary to conduct suitability 

Deadline. 

Review. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5079 

assessments from appropriate Federal, State, and local law 

enforcement and immigration databases. 

(4) LEGAL ORIENTATION PRESENTATIONS.—The Secretary of 

Health and Human Services shall cooperate with the Executive 

Office for Immigration Review to ensure that custodians receive 

legal orientation presentations provided through the Legal Orientation Program administered by the Executive Office for 

Immigration Review. At a minimum, such presentations shall 

address the custodian’s responsibility to attempt to ensure the 

child’s appearance at all immigration proceedings and to protect 

the child from mistreatment, exploitation, and trafficking. 

(5) ACCESS TO COUNSEL.—The Secretary of Health and 

Human Services shall ensure, to the greatest extent practicable 

and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children 

who are or have been in the custody of the Secretary or the 

Secretary of Homeland Security, and who are not described 

in subsection (a)(2)(A), have 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 pro bono counsel who agree 

to provide representation to such children without charge. 

(6) CHILD ADVOCATES.—The Secretary of Health and 

Human Services is authorized to appoint independent child 

advocates for child trafficking victims and other vulnerable 

unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for 

the best interest of the child. The child advocate shall not 

be compelled to testify or provide evidence in any proceeding 

concerning any information or opinion received from the child 

in the course of serving as a child advocate. The child advocate 

shall be presumed to be acting in good faith and be immune 

from civil and criminal liability for lawful conduct of duties 

as described in this provision. 

(d) 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 1 or both of the immigrant’s parents 

is not viable due to abuse, neglect, abandonment, or a 

similar basis found under State law;’’; and 

(B) in clause (iii)— 

(i) 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 

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

or constructive custody of the Attorney General unless 


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122 STAT. 5080 PUBLIC LAW 110–457—DEC. 23, 2008 

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 on which the application is filed. 

(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), 

and (9)(B) 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.—Subject to the availability 

of appropriations, 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— 

Deadline. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5081 

(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 UNACCOMPANIED ALIEN CHILDREN.—Applications for asylum and other forms of relief from 

removal in which an unaccompanied alien child is the principal 

applicant shall be governed by regulations which take into 

account the specialized needs of unaccompanied alien children 

and which address both procedural and substantive aspects 

of handling unaccompanied alien children’s cases. 

(e) 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, and upon request, state and local personnel, who 

have substantive contact with unaccompanied alien children. Such 

personnel shall be trained to work with unaccompanied alien children, including identifying children who are victims of severe forms 

of trafficking in persons, and children for whom asylum or special 

immigrant relief may be appropriate, including children described 

in subsection (a)(2). 

(f) 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 such Act 

(6 U.S.C. 279(b)) is further 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.’’. 

(g) DEFINITION OF UNACCOMPANIED ALIEN CHILD.—For purposes of this section, the term ‘‘unaccompanied alien child’’ has 

the meaning given such term in section 462(g) of the Homeland 

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

(h) EFFECTIVE DATE.—This section— 

(1) shall take effect on the date that is 90 days after 

the date of the enactment of this Act; and 

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

in pending proceedings before the Department of Homeland 

Applicability. 


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122 STAT. 5082 PUBLIC LAW 110–457—DEC. 23, 2008 

Security or the Executive Office for Immigration Review, or 

related administrative or Federal appeals, on the date of the 

enactment of this Act. 

(i) GRANTS AND CONTRACTS.—The Secretary of Health and 

Human Services may award grants to, and enter into contracts 

with, voluntary agencies to carry out this section and section 462 

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

SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM. 

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

for a violation of section 2423 of title 18, United States Code, 

the Attorney General shall notify in a timely manner— 

(1) the Secretary of State for appropriate action under 

subsection (b); and 

(2) the Secretary of Homeland Security for appropriate 

action under the Immigration and Nationality Act. 

(b) AUTHORITY TO RESTRICT PASSPORT.— 

(1) INELIGIBILITY FOR PASSPORT.— 

(A) IN GENERAL.—The Secretary of State shall not issue 

a passport or passport card to an individual who is convicted of a violation of section 2423 of title 18, United 

States Code, during the covered period if the individual 

used a passport or passport card or otherwise crossed an 

international border in committing the offense. 

(B) PASSPORT REVOCATION.—The Secretary of State 

shall revoke a passport or passport card previously issued 

to an individual described in subparagraph (A). 

(2) EXCEPTIONS.— 

(A) EMERGENCY AND HUMANITARIAN SITUATIONS.—Notwithstanding paragraph (1), the Secretary of State may 

issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual 

described in paragraph (1)(A). 

(B) LIMITATION FOR RETURN TO UNITED STATES.—Notwithstanding paragraph (1), the Secretary of State may, 

prior to revocation, limit a previously issued passport or 

passport card only for return travel to the United States, 

or may issue a limited passport or passport card that 

only permits return travel to the United States. 

(3) DEFINITIONS.—In this subsection— 

(A) the term ‘‘covered period’’ means the period beginning on the date on which an individual is convicted of 

a violation of section 2423 of title 18, United States Code, 

and ending on the later of— 

(i) the date on which the individual is released 

from a sentence of imprisonment relating to the 

offense; and 

(ii) the end of a period of parole or other supervised 

release of the covered individual relating to the offense; 

and 

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

in or otherwise restricted to a jail, prison, half-way house, 

treatment facility, or another institution, on a full or parttime basis, pursuant to the sentence imposed as the result 

of a criminal conviction. 

Notification. 

22 USC 212a. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5083 

SEC. 237. ADDITIONAL REPORTING ON CRIME. 

(a) TRAFFICKING OFFENSE CLASSIFICATION.—The Director of the 

Federal Bureau of Investigation shall— 

(1) classify the offense of human trafficking as a Part 

I crime in the Uniform Crime Reports; 

(2) to the extent feasible, establish subcategories for State 

sex crimes that involve— 

(A) a person who is younger than 18 years of age; 

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

(C) neither of the elements described in subparagraphs 

(A) and (B); and 

(3) classify the offense of human trafficking as a Group 

A offense for purpose of the National Incident-Based Reporting 

System. 

(b) ADDITIONAL INFORMATION.—The Director of the Federal 

Bureau of Investigation shall revise the Uniform Crime Reporting 

System and the National Incident-Based Reporting System to distinguish between reports of— 

(1) incidents of assisting or promoting prostitution, which 

shall include crimes committed by persons who— 

(A) do not directly engage in commercial sex acts; 

and 

(B) direct, manage, or profit from such acts, such as 

State pimping and pandering crimes; 

(2) incidents of purchasing prostitution, which shall include 

crimes committed by persons who purchase or attempt to purchase or trade anything of value for commercial sex acts; and 

(3) incidents of prostitution, which shall include crimes 

committed by persons providing or attempting to provide 

commercial sex acts. 

(c) REPORTS AND STUDIES.— 

(1) REPORTS.—Not later than February 1, 2010, the 

Attorney General shall submit 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 reports on the 

following: 

(A) Activities or actions, in fiscal years 2001 through 

2009, by Federal departments and agencies to enforce the 

offenses set forth in chapter 117 of title 18, United States 

Code, including information regarding the number of 

prosecutions, the number of convictions, an identification 

of multiple-defendant cases and the results thereof, and, 

for fiscal years 2008 and 2009, the number of prosecutions, 

the number of convictions, and an identification of multipledefendant case and the results thereof, the use of expanded 

statutes of limitation and other tools to prosecute crimes 

against children who reached the age of eighteen years 

since the time the crime was committed. 

(B) The interaction, in Federal human trafficking 

prosecutions in fiscal years 2001 through 2010, of Federal 

restitution provisions with those provisions of law allowing 

restoration and remission of criminally and civilly forfeited 

property, including the distribution of proceeds among multiple victims. 

(C) Activities or actions, in fiscal years 2001 through 

2010, to enforce the offenses set forth in chapters 95 and 

Revision. 

28 USC 534 note. 

28 USC 534 note. 


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122 STAT. 5084 PUBLIC LAW 110–457—DEC. 23, 2008 

96 of title 18, United States Code, in cases involving human 

trafficking, sex trafficking, or prostitution offenses. 

(D) Activities or actions, in fiscal years 2008 and 2009, 

by Federal departments and agencies to enforce the 

offenses set forth in the Act of August 15, 1935 (49 Stat. 

651; D.C. Code 22–2701 et seq.) (relating to prostitution 

and pandering), including information regarding the 

number of prosecutions, the number of convictions, and 

an identification of multiple-defendant cases and the 

results thereof. 

(2) STUDIES.—Subject to availability of appropriations, the 

head of the National Institute of Justice shall conduct— 

(A) a comprehensive study to examine the use of Internet-based businesses and services by criminal actors in 

the sex industry, and to disseminate best practices for 

investigation and prosecution of trafficking and prostitution 

offenses involving the Internet; and 

(B) a comprehensive study to examine the application 

of State human trafficking statutes, including such statutes 

based on the model law developed by the Department of 

Justice, cases prosecuted thereunder, and the impact, if 

any, on enforcement of other State criminal statutes. 

(3) STUDIES PREVIOUSLY REQUIRED BY LAW.—Not later than 

90 days after the date of the enactment of this Act, the Attorney 

General shall 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 on the status of the studies 

required by paragraph (B)(i) and (ii) of section 201(a)(1) of 

the Trafficking Victims Protection Reauthorization Act of 2005 

(42 U.S.C. 14044(a)(1)) and indicate the projected date when 

such studies will be completed. 

SEC. 238. PROCESSING OF CERTAIN VISAS. 

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

enactment of this Act, the Secretary of Homeland Security shall 

submit 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 a report on the operations of the specially-trained Violence 

Against Women Act Unit at the Citizenship and Immigration Service’s Vermont Service Center. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following elements: 

(1) Detailed information about the funds expended to support the work of the Violence Against Women Act Unit at 

the Vermont Service Center. 

(2) A description of training for adjudicators, victim witness 

liaison officers, managers, and others working in the Violence 

Against Women Act Unit, including general training and 

training on confidentiality issues. 

(3) Measures taken to ensure the retention of speciallytrained staff within the Violence Against Women Act Unit. 

(4) Measures taken to ensure the creation and retention 

of a core of supervisory staff within the Violence Against 

Women Act Unit and the Vermont Service Center with responsibility over resource allocation, policy, program development, 

Deadline. 

Reports. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5085 

training and other substantive or operational issues affecting 

the Unit, who have historical knowledge and experience with 

the Trafficking Victims Protection Act of 2000, the Violence 

Against Women Act of 1994, Violence Against Women Act of 

1994 confidentiality, and the specialized policies and procedures 

of the Department of Homeland Security and its predecessor 

agencies in such cases. 

(5) Measures taken to ensure routine consultation between 

the Violence Against Women Act Unit, U.S. Citizenship and 

Immigration Services Headquarters, and the Office of Policy 

and Strategy during the development of any Department of 

Homeland Security regulations or policies that impact Violence 

Against Women Act of 1994 confidentiality-protected victims 

and their derivative family members. 

(6) Information on any circumstances in which victim-based 

immigration applications have been adjudicated by entities 

other than the Violence Against Women Act Unit at the 

Vermont Service Center, including reasons for such action and 

what steps, if any, were taken to ensure that such applications 

were handled by trained personnel and what steps were taken 

to comply with the confidentiality provisions of the Violence 

Against Women Act of 1994. 

(7) Information on the time in which it takes to adjudicate 

victim-based immigration applications, including the issuance 

of visas, work authorization and deferred action in a timely 

manner consistent with the safe and competent processing of 

such applications, and steps taken to improve in this area. 

SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR 

SERVICES. 

(a) INCREASE IN FEE.—Notwithstanding any other provision 

of law, not later than October 1, 2009, the Secretary of State 

shall increase by $1 the fee or surcharge assessed under section 

140(a) of the Foreign Relations Authorization Act, Fiscal Years 

1994 and 1995 (Public Law 103–236; 8 U.S.C. 1351 note) for processing machine-readable nonimmigrant visas and machine-readable 

combined border crossing identification cards and nonimmigrant 

visas. 

(b) DEPOSIT OF AMOUNTS.—Notwithstanding section 140(a)(2) 

of the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995 (Public Law 103–236; 8 U.S.C. 1351 note), the additional 

amount collected pursuant the fee increase under subsection (a) 

shall be deposited in the Treasury. 

(c) DURATION OF INCREASE.—The fee increase authorized under 

subsection (a) shall terminate on the date that is 3 years after 

the first date on which such increased fee is collected. 

TITLE III—AUTHORIZATIONS OF 

APPROPRIATIONS 

SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 

Section 113 of the Trafficking Victims Protection Act of 2000, 

as amended by section 213(a)(2), is amended— 

(1) in subsection (a)— 

(A) in the first sentence— 

(i) by striking ‘‘section 104, and’’; and 

22 USC 7110. 

Termination 

date. 

Deadline. 

8 USC 1351 note. 


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122 STAT. 5086 PUBLIC LAW 110–457—DEC. 23, 2008 

(ii) by striking ‘‘$1,500,000’’ and all that follows through ‘‘$5,500,000 for each of the fiscal years 2006 

and 2007’’ and inserting ‘‘$5,500,000 for each of the 

fiscal years 2008 through 2011’’; and 

(B) in the second sentence— 

(i) by striking ‘‘for official reception and representation expenses $3,000’’ and inserting ‘‘$1,500,000 for 

additional personnel for each of the fiscal years 2008 

through 2011, and $3,000 for official reception and 

representation expenses’’; and 

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

‘‘2008 through 2011’’; 

(2) in subsection (b)(1), by striking ‘‘$5,000,000’’ and all 

that follows and inserting ‘‘$12,500,000 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’’; 

and 

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

the following: ‘‘To carry out the purposes of section 

107(a)(1)(F), there are authorized to be appropriated 

to the Secretary of State $1,000,000 for each of the 

fiscal years 2008 through 2011.’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); 

and 

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

(i) by striking ‘‘section 104’’ and inserting ‘‘sections 

116(f) and 502B(h) of the Foreign Assistance Act of 

1961 (22 U.S.C. 2151n(f) and 2304(h))’’; and 

(ii) by striking ‘‘, including the preparation’’ and 

all that follows and inserting a period; 

(4) in subsection (d)— 

(A) in the first sentence, by striking ‘‘$5,000,000’’ and 

all that follows through ‘‘2007’’ and inserting ‘‘$10,000,000 

for each of the fiscal years 2008 through 2011’’; and 

(B) in the second sentence, by striking ‘‘2004, 2005, 

2006, and 2007’’ and inserting ‘‘2008 through 2011’’; 

(5) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘$5,000,000’’ and all 

that follows 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 (22 U.S.C. 

2152d)’’; and 

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

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 and inserting ‘‘$2,000,000 for each of the fiscal 

years 2008 through 2011.’’; 

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

follows and inserting ‘‘$10,000,000 for each of the fiscal years 

2008 through 2011.’’; 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5087 

(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 ‘‘2006 and 2007’’ and 

inserting ‘‘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 section 102(b)(7), by striking ‘‘2006 and 2007’’ and 

inserting ‘‘2008 through 2011’’; 

(2) in section 201(c)— 

(A) in paragraph (1), by striking ‘‘$2,500,000 for each 

of the fiscal years 2006 and 2007’’ each place it appears 

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

through 2011’’; and 

(B) in paragraph (2), by striking ‘‘2006 and 2007’’ and 

inserting ‘‘2008 through 2011’’; 

(3) in section 202(d), by striking ‘‘$10,000,000 for each of the fiscal years 2006 and 2007’’ and inserting ‘‘$8,000,000 

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

(4) in section 203(g), by striking ‘‘2006 and 2007’’ and 

inserting ‘‘2008 through 2011’’; and (5) in section 204(d), by striking ‘‘$25,000,000 for each of the fiscal years 2006 and 2007’’ and inserting ‘‘$20,000,000 

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

SEC. 303. RULE OF CONSTRUCTION. 

The amendments made by sections 301 and 302 may 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 each 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—CHILD SOLDIERS 

PREVENTION 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Child Soldiers Prevention Act 

of 2008’’. 

22 USC 2151 

note. 

Child Soldiers 

Prevention Act 

of 2008. 

22 USC 7109a, 

7111. 

22 USC 7110 

note. 

42 USC 14044c. 

42 USC 14044b. 

42 USC 14044a. 

42 USC 14044. 

22 USC 7105 

note. 


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122 STAT. 5088 PUBLIC LAW 110–457—DEC. 23, 2008 

SEC. 402. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations of the Senate; 

(B) the Committee on Appropriations of the Senate; 

(C) the Committee on Foreign Affairs of the House 

of Representatives; and 

(D) the Committee on Appropriations of the House 

of Representatives. 

(2) CHILD SOLDIER.—Consistent with the provisions of the 

Optional Protocol to the Convention of the Rights of the Child, 

the term ‘‘child soldier’’— 

(A) means— 

(i) any person under 18 years of age who takes 

a direct part in hostilities as a member of governmental 

armed forces; 

(ii) any person under 18 years of age who has 

been compulsorily recruited into governmental armed 

forces; 

(iii) any person under 15 years of age who has 

been voluntarily recruited into governmental armed 

forces; or 

(iv) any person under 18 years of age who has 

been 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), 

or (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. 

SEC. 403. 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; 

(2) the United States Government should support and, 

to the extent practicable, lead efforts to establish and uphold 

international standards designed to end the abuse of human 

rights described in paragraph (1); 

(3) the United States Government should expand ongoing 

services to rehabilitate recovered child soldiers and to reintegrate such children back into their respective communities 

by— 

(A) offering ongoing psychological services to help such 

children— 

(i) to recover from the trauma suffered during 

their forced military involvement; 

(ii) to relearn how to interact with others in nonviolent ways so that such children are no longer a 

danger to their respective communities; and 

(iii) by 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 such communities 

through negotiations with traditional leaders and elders 

22 USC 2370c. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5089 

to enable recovered abductees to resume normal lives in 

such communities; and 

(C) providing educational and vocational assistance; 

(4) the United States should work with the international 

community, including, as appropriate, third country governments, nongovernmental organizations, faith-based organizations, United Nations agencies, local governments, labor unions, 

and private enterprises— 

(A) to bring to justice rebel and paramilitary forces 

that kidnap children for use as child soldiers; 

(B) to recover those children who have been abducted; 

and 

(C) to assist such children to be rehabilitated and 

reintegrated into their respective communities; 

(5) the Secretary of State, the Secretary of Labor, and 

the Secretary of Defense should coordinate programs to achieve 

the goals described in paragraph (3); 

(6) United States diplomatic missions in countries in which 

the use of child soldiers is an issue, whether or not such 

use is supported or sanctioned by the governments of such 

countries, should include in their mission program plans a 

strategy to achieve the goals described in paragraph (3); 

(7) United States diplomatic missions in countries in which 

governments use or tolerate child soldiers should develop strategies, as part of annual program planning— 

(A) to promote efforts to end such abuse of human 

rights; and 

(B) to identify and integrate global best practices, as 

available, into such strategies to avoid duplication of effort; 

and 

(8) 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 that are expected to promote the end to the 

abuse of human rights described in this section. 

SEC. 404. PROHIBITION. 

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

authorities contained in section 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 not be used to provide 

assistance to, and no licenses for direct commercial sales of military 

equipment may be issued to, the government of a country that 

is clearly identified, pursuant to subsection (b), for the most recent 

year preceding the fiscal year in which the authorities or license 

would have been used or issued in the absence of a violation 

of this title, as having governmental armed forces or governmentsupported armed groups, including paramilitaries, militias, or civil 

defense forces, that recruit and use child soldiers. 

(b) IDENTIFICATION AND NOTIFICATION TO COUNTRIES IN VIOLATION OF STANDARDS.— 

(1) PUBLICATION OF LIST OF FOREIGN GOVERNMENTS.—The 

Secretary of State shall include a list of the foreign governments 

that have violated the standards under this title and are subject 

to the prohibition in subsection (a) in the report required under 

22 USC 2370c–1. 


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122 STAT. 5090 PUBLIC LAW 110–457—DEC. 23, 2008 

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

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

(2) NOTIFICATION OF FOREIGN COUNTRIES.—The Secretary 

of State shall formally notify any government identified pursuant to subsection (a). 

(c) NATIONAL INTEREST WAIVER.— 

(1) WAIVER.—The President may waive the application to 

a country of the prohibition in subsection (a) if the President 

determines that such waiver is in the national interest of 

the United States. 

(2) PUBLICATION AND NOTIFICATION.—Not later than 45 

days after each waiver is granted under paragraph (1), the 

President shall notify the appropriate congressional committees 

of the waiver and the justification for granting such waiver. 

(d) REINSTATEMENT OF ASSISTANCE.—The President may provide to a country assistance otherwise prohibited under subsection 

(a) upon certifying to the appropriate congressional committees 

that the government of such country— 

(1) has implemented measures that include an action plan 

and actual steps to come into compliance with the standards 

outlined in section 404(b); and 

(2) has implemented policies and mechanisms to prohibit 

and prevent future government or government-supported use 

of child soldiers and to ensure that no children are recruited, 

conscripted, or otherwise compelled to serve as child soldiers. 

(e) EXCEPTION FOR PROGRAMS DIRECTLY RELATED TO

ADDRESSING THE PROBLEM OF CHILD SOLDIERS OR

PROFESSIONALIZATION OF THE MILITARY.— 

(1) IN GENERAL.—The President may provide assistance 

to a country for international military education, training, and 

nonlethal supplies (as defined in section 2557(d)(1)(B) of title 

10, United States Code) otherwise prohibited under subsection 

(a) upon certifying to the appropriate congressional committees 

that— 

(A) the government of such country is taking reasonable steps to implement effective measures to demobilize 

child soldiers in its forces or in government-supported 

paramilitaries and is taking reasonable steps within the 

context of its national resources to provide demobilization, 

rehabilitation, and reintegration assistance to those former 

child soldiers; and 

(B) the assistance provided by the United States 

Government to the government of such country will go 

to programs that will directly support professionalization 

of the military. 

(2) LIMITATION.—The exception under paragraph (1) may 

not remain in effect for a country for more than 5 years. 

SEC. 405. REPORTS. 

(a) INVESTIGATION OF ALLEGATIONS REGARDING CHILD SOLDIERS.—United States missions abroad shall thoroughly investigate 

reports of the use of child soldiers. 

(b) INFORMATION FOR ANNUAL HUMAN RIGHTS REPORTS.—In 

preparing those portions of the annual Human Rights Report that 

relate to child soldiers under sections 116 and 502B of the Foreign 

22 USC 2370c–2. 

Deadline. 

President. 


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PUBLIC LAW 110–457—DEC. 23, 2008 122 STAT. 5091 

LEGISLATIVE HISTORY—H.R. 7311: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Dec. 10, considered and passed House and Senate. 

Æ 

Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of State shall ensure that such reports 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) ANNUAL REPORT TO CONGRESS.—If, during any of the 5 

years following the date of the enactment of this Act, a country 

is notified pursuant to section 404(b)(2), or a wavier is granted 

pursuant to section 404(c)(1), the President shall submit a report 

to the appropriate congressional committees not later than June 

15 of the following year. The report shall include— 

(1) a list of the countries receiving notification that they 

are in violation of the standards under this title; 

(2) a list of any waivers or exceptions exercised under 

this title; 

(3) justification for any such waivers and exceptions; and 

(4) a description of any assistance provided under this 

title pursuant to the issuance of such waiver. 

SEC. 406. 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: 

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

officials, shall establish as part of the standard training provided 

for chiefs of mission, deputy chiefs of mission, and other officers 

of the Service who are or will be involved in the assessment of 

child soldier use or the drafting of the annual Human Rights 

Report instruction on matters related to child soldiers, and the 

substance of the Child Soldiers Prevention Act of 2008.’’. 

SEC. 407. EFFECTIVE DATE; APPLICABILITY. 

This title, and the amendments made by this title, shall take 

effect 180 days after the date of the enactment of this Act. 

Approved December 23, 2008. 

22 USC 2370c 

note. 

President. 


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