II 

Calendar No. 946 

110TH CONGRESS 

2D SESSION S. 3061 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2008 

Mr. BIDEN (for himself, Mr. BROWNBACK, Mr. HATCH, Mr. CARDIN, Mr. 

SPECTER, Mr. DURBIN, and Mrs. FEINSTEIN) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

SEPTEMBER 8, 2008 

Reported by Mr. LEAHY, with amendments 

[Insert the parts printed in italic] 

A BILL 

To authorize appropriations for fiscal years 2008 through 

2011 for the Trafficking Victims Protection Act of 2000, 

to enhance measures to combat trafficking in persons, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘William Wilberforce Trafficking Victims Protection Re4 authorization Act of 2008’’. 

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

6 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. Assistance for victims of trafficking in other countries. 

Sec. 104. Increasing effectiveness of anti-trafficking programs. 

Sec. 105. Minimum standards for the elimination of trafficking. 

Sec. 106. Actions against governments failing to meet minimum standards. 

Sec. 107. Research on domestic and international trafficking in persons. 

Sec. 108. Presidential Award for Extraordinary Efforts to Combat Trafficking 

in Persons. 

Sec. 109. Report on activities of the Department of Labor to monitor and combat forced labor and child labor. 

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. Information for work-based nonimmigrants on legal rights and resources. 

Sec. 203. Domestic worker protections. 

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. 

Sec. 206. Implementation of Trafficking Victims Protection Reauthorization 

Act of 2005. 

Subtitle B—Assistance for Trafficking Victims 

Sec. 211. Assistance for certain nonimmigrant status applicants. 

Sec. 212. Interim assistance for child victims of trafficking. 

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 trafficking offenses. 

Sec. 223. Jurisdiction in certain trafficking offenses. 


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Sec. 224. Sex tourism and removal of sex offenders. 

Subtitle D—Activities of the United States Government 

Sec. 231. Annual report by the Attorney General. 

Sec. 232. Defense contract audit agency audit. 

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. 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 AND ACCOUNTABILITY 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Prohibition. 

Sec. 404. Reports. 

Sec. 405. Training for foreign service officers. 

Sec. 406. Accountability for the recruitment and use of child soldiers. 

Sec. 407. Effective date; applicability. 

1 TITLE I—COMBATING INTER2 NATIONAL TRAFFICKING IN 

3 PERSONS 

4 SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND 

5 COMBAT TRAFFICKING. 

6 Section 105(b) of the Trafficking Victims Protection 

7 Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting 

8 ‘‘the Secretary of Education,’’ after ‘‘the Secretary of 

9 Homeland Security,’’. 

10 SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING. 

11 Section 105(e) of the Trafficking Victims Protection 

12 Act of 2000 (22 U.S.C. 7103(e)) is amended to read as 

13 follows: 


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1 ‘‘(e) OFFICE TO MONITOR AND COMBAT TRAF2 FICKING.— 

3 ‘‘(1) ESTABLISHMENT.—The Secretary of State 

4 shall establish within the Department of State an 

5 Office to Monitor and Combat Trafficking. The Of6 fice shall be headed by a Director, with the rank of 

7 Ambassador at Large, who shall be appointed by the 

8 President, by and with the advice and consent of the 

9 Senate. 

10 ‘‘(2) RESPONSIBILITIES.—The Director shall 

11 have the following responsibilities: 

12 ‘‘(A) The Director shall have primary re13 sponsibility for assisting the Secretary of State 

14 in carrying out the purposes of this division, 

15 shall provide assistance to the Task Force, and 

16 may have additional responsibilities as deter17 mined by the Secretary of State. 

18 ‘‘(B) The Director shall consult with non19 governmental organizations and multilateral or20 ganizations, and with trafficking victims or 

21 other affected persons. The Director may collect 

22 evidence in public hearings or by other means 

23 if such collection does not disrupt an ongoing 

24 criminal investigation. 


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1 ‘‘(C) The Director, in coordination and co2 operation with other officials at the Department 

3 of State involved in corporate responsibility, the 

4 Deputy Under Secretary for International Af5 fairs of the Department of Labor, and other 

6 relevant officials of the United States Govern7 ment, shall promote, build, and sustain partner8 ships between the United States Government 

9 and private entities (including foundations, uni10 versities, corporations, community-based organi11 zations, and other nongovernmental organiza12 tions) to ensure that— 

13 ‘‘(i) United States citizens do not use 

14 any item, product, or material produced or 

15 extracted with the use of labor from vic16 tims of severe forms of trafficking; and 

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

18 trafficking in persons involving sexual ex19 ploitation. 

20 ‘‘(3) COORDINATION.—Any trafficking in per21 sons programs of the Department of State or the 

22 United States Agency for International Development 

23 that are not centrally controlled by the Director of 

24 the Office to Monitor and Combat Trafficking shall 

25 be carried out with concurrence of the Director.’’. 


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1 SEC. 103. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN 

2 OTHER COUNTRIES. 

3 Section 107(a) of Trafficking Victims Protection Act 

4 of 2000 (22 U.S.C. 7105(a)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in the second sentence, by inserting at 

7 the end before the period the following: ‘‘, and 

8 shall be carried out in a manner which takes 

9 into account the cross-border, regional, and 

10 transnational aspects of trafficking in persons’’; 

11 and 

12 (B) by adding at the end the following: 

13 ‘‘(F) In cooperation and coordination with 

14 relevant organizations, such as the United Na15 tions High Commissioner for Refugees, the 

16 International Organization for Migration, and 

17 private nongovernmental organizations that 

18 contract with, and receive grants from, the 

19 United States Government to assist refugees 

20 and internally displaced persons, support for— 

21 ‘‘(i) increased protections for refugees 

22 and internally displaced persons, including 

23 outreach and education efforts to prevent 

24 such refugees and internally displaced per25 sons from being exploited by traffickers; 

26 and 


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1 ‘‘(ii) performance of best interest de2 terminations for unaccompanied and sepa3 rated children who come to the attention of 

4 the United Nations High Commissioner for 

5 Refugees, its partner organizations, or any 

6 organization that contracts with the De7 partment of State in order to identify child 

8 trafficking victims and to assist their safe 

9 integration, reintegration, and resettle10 ment.’’; and 

11 (2) in paragraph (2), by adding at the end the 

12 following: ‘‘In carrying out this paragraph, the Sec13 retary and the Administrator shall take all appro14 priate steps to ensure that cooperative efforts among 

15 foreign countries are undertaken on a regional 

16 basis.’’. 

17 SEC. 104. INCREASING EFFECTIVENESS OF ANTI-TRAF18 FICKING PROGRAMS. 

19 The Trafficking Victims Protection Act of 2000 (22 

20 U.S.C. 7101 et seq.) is amended by inserting after section 

21 107 the following: 

22 ‘‘SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAF23 FICKING PROGRAMS. 

24 ‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREE25 MENTS, AND CONTRACTS.—In administering funds made 


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1 available to carry out this Act in the United States and 

2 abroad— 

3 ‘‘(1) solicitations of grants, cooperative agree4 ments, and contracts for such programs shall be 

5 made publicly available; 

6 ‘‘(2) grants, cooperative agreements, and con7 tracts shall be subject to full and open competition, 

8 in accordance with applicable laws; 

9 ‘‘(3) grants shall be evaluated by a review panel 

10 that is composed of Federal experts and nongovern11 mental experts, as appropriate; and 

12 ‘‘(4) the internal department or agency review 

13 process for such grants, cooperative agreements, and 

14 contracts shall not be subject to ad hoc or intermit15 tent review or influence by individuals or organiza16 tions outside the United States Government except 

17 as provided under paragraphs (1) through (3). 

18 ‘‘(b) ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—An applicant desiring a 

20 grant, contract, or cooperative agreement under this 

21 Act shall certify that persons or entities providing 

22 legal services, social services, health services, or 

23 other assistance have completed, or will complete, 

24 training in connection with severe forms of traf25 ficking in persons. 


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

2 should indicate collaboration with nongovernmental 

3 organizations, including organizations with expertise 

4 in severe forms of trafficking and forced labor. 

5 ‘‘(c) EVALUATION OF ANTI-TRAFFICKING PRO6 GRAMS.— 

7 ‘‘(1) IN GENERAL.—The President shall estab8 lish a system to evaluate the effectiveness and effi9 ciency of the assistance provided under anti-traf10 ficking programs established under this Act on a 

11 program-by-program basis in order to maximize the 

12 long-term sustainable development impact of such 

13 assistance. 

14 ‘‘(2) REQUIREMENTS.—In carrying out para15 graph (1), the President shall— 

16 ‘‘(A) establish performance goals for the 

17 assistance described in paragraph (1), ex18 pressed in an objective and quantifiable form, 

19 to the extent practicable; 

20 ‘‘(B) ensure that performance indicators 

21 are used for programs authorized under this 

22 Act to measure and assess the achievement of 

23 the performance goals described in subpara24 graph (A); 


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1 ‘‘(C) provide a basis for recommendations 

2 for adjustments to the assistance described in 

3 paragraph (1) to enhance the impact of such 

4 assistance; and 

5 ‘‘(D) ensure that evaluations, to the extent 

6 practicable, are conducted by subject matter ex7 perts in and outside the United States Govern8 ment. 

9 ‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PRO10 GRAMS.—The Director of the Office to Monitor and Com11 bat Trafficking shall provide assistance to foreign coun12 tries and nongovernmental organizations receiving assist13 ance under this division based on the priorities and coun14 try assessments contained in the most recent report sub15 mitted by the Secretary of State to Congress pursuant to 

16 section 110(b) of the William Wilberforce Trafficking Vic17 tims Protection Reauthorization Act of 2008. 

18 ‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.—The 

19 President shall ensure that the design, monitoring, and 

20 evaluation of United States assistance programs for emer21 gency relief, development, and poverty alleviation under 

22 part I and chapter 4 of part II of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 

24 and other similar United States assistance programs are 

25 consistent with United States policies and other United 


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1 States programs relating to combating trafficking in per2 sons. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For 

4 each of the fiscal years 2008 through 2011, not more than 

5 5 percent of the amounts made available to carry out this 

6 division may be used to carry out this section, including— 

7 ‘‘(1) evaluations of promising anti-trafficking 

8 programs and projects funded by the disbursing 

9 agency pursuant to this Act; and 

10 ‘‘(2) evaluations of emerging problems or global 

11 trends.’’. 

12 SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF 

13 TRAFFICKING. 

14 (a) CRITERIA.—Section 108(b) of the Trafficking 

15 Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in the first sentence, by inserting at 

19 the end before the period the following: ‘‘, in20 cluding in all appropriate cases requiring incar21 ceration of individuals convicted of such acts’’; 

22 and 

23 (B) by inserting after the first sentence 

24 the following new sentence: ‘‘For purposes of 

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1 cantly-reduced sentences for convictions of prin2 cipal actors in cases of severe forms of traf3 ficking in persons shall be considered, on a 

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

5 indicator of serious and sustained efforts to 

6 eliminate severe forms of trafficking in per7 sons.’’; and 

8 (2) in paragraph (2), by inserting at the end 

9 before the period the following: ‘‘, including by pro10 viding training to law enforcement and immigration 

11 officials in the identification and treatment of traf12 ficking victims using approaches that focus on the 

13 needs of the victims’’. 

14 SEC. 106. ACTIONS AGAINST GOVERNMENTS FAILING TO 

15 MEET MINIMUM STANDARDS. 

16 (a) COUNTRIES ON SPECIAL WATCH LIST RELATING

17 TO TRAFFICKING IN PERSONS FOR 3 CONSECUTIVE

18 YEARS.—Section 110(b)(3) of the Trafficking Victims 

19 Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amend20 ed by adding at the end the following: 

21 ‘‘(D) COUNTRIES ON SPECIAL WATCH LIST

22 FOR 3 CONSECUTIVE YEARS.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided under clause (ii), a country that is 

25 included on the special watch list described 


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1 in subparagraph (A) for 3 consecutive 

2 years after the date of the enactment of 

3 this subparagraph, shall be included on the 

4 list of countries described in paragraph 

5 (1)(C). 

6 ‘‘(ii) EXERCISE OF WAIVER AUTHOR7 ITY.—The President may waive the appli8 cation of clause (i) for up to 1 year if the 

9 President determines and certifies to the 

10 Committee on Foreign Relations of the 

11 Senate and the Committee on Foreign Af12 fairs of the House of Representatives that 

13 such a waiver would promote the purposes 

14 of this Act or is otherwise in the national 

15 interest of the United States.’’. 

16 (b) CLARIFICATION OF MEASURES AGAINST CERTAIN

17 FOREIGN COUNTRIES.—Section 110(d)(1)(A)(ii) of such 

18 Act is amended by inserting ‘‘such assistance to the gov19 ernment of the country for the subsequent fiscal year and 

20 will not provide’’ after ‘‘will not provide’’. 

21 (c) TRANSLATION OF TRAFFICKING IN PERSONS RE22 PORT.—The Secretary of State shall— 

23 (1) timely translate the annual report submitted 

24 under section 110(b) of the Trafficking Victims Pro25 tection Act of 2000 (22 U.S.C. 7107(b)) into the 


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1 principal languages of as many countries as possible, 

2 with particular emphasis on the languages of the 

3 countries on the lists described in subparagraphs 

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

5 (2) ensure that such translations are made 

6 available to the public, including through postings on 

7 the Internet website of the Department of State and 

8 other appropriate websites. 

9 SEC. 107. RESEARCH ON DOMESTIC AND INTERNATIONAL 

10 TRAFFICKING IN PERSONS. 

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

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

13 7109a) is amended— 

14 (1) in subsection (a), by amending paragraph 

15 (5) to read as follows: 

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

17 number of victims of trafficking on a national, re18 gional, and international basis, which shall include, 

19 not later than 2 years after the date of the enact20 ment of the William Wilberforce Trafficking Victims 

21 Protection Reauthorization Act of 2008, the estab22 lishment and maintenance of an integrated database 

23 within the Human Smuggling and Trafficking Cen24 ter.’’; and 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAF4 FICKING CENTER.— 

5 ‘‘(1) IN GENERAL.—The research initiatives de6 scribed in paragraphs (4) and (5) of subsection (a) 

7 shall be carried out by the Human Trafficking and 

8 Smuggling Center, established under section 7202 of 

9 the 9/11 Commission Implementation Act of 2004 (8 

10 U.S.C. 1777). 

11 ‘‘(2) DATABASE.—The database described in 

12 subsection (a)(5) shall be established by combining 

13 all applicable data collected by each Federal depart14 ment and agency represented on the Interagency 

15 Task Force to Monitor and Combat Trafficking, 

16 consistent with the protection of sources and meth17 ods, and, to the maximum extent practicable, appli18 cable data from relevant international organizations, 

19 to— 

20 ‘‘(A) improve the coordination of the col21 lection of data related to trafficking in persons 

22 by each agency of the United States Govern23 ment that collects such data; 


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1 ‘‘(B) promote uniformity of such data col2 lection and standards and systems related to 

3 such collection; 

4 ‘‘(C) undertake a meta-analysis of patterns 

5 of trafficking in persons, slavery, and slave-like 

6 conditions to develop and analyze global trends 

7 in human trafficking; 

8 ‘‘(D) identify emerging issues in human 

9 trafficking and establishing integrated methods 

10 to combat them; and 

11 ‘‘(E) identify research priorities to respond 

12 to global patterns and emerging issues. 

13 ‘‘(3) CONSULTATION.—The database estab14 lished in accordance with paragraph (2) shall be 

15 maintained in consultation with the Director of the 

16 Office to Monitor and Combat Trafficking in Per17 sons of the Department of State. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated $3,000,000 

20 to the Human Trafficking and Smuggling Center for 

21 each of the fiscal years 2008 through 2011 to carry 

22 out the activities described in this subsection.’’. 

23 (b) REPORT.—Section 110(b)(1) of such Act (22 

24 U.S.C. 7107(b)(1)) is amended— 


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

2 the end; 

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

4 at the end and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(E) reporting and analysis on the emer7 gence or shifting of global patterns in human 

8 trafficking, including data on the number of 

9 victims trafficked to, through, or from major 

10 source and destination countries, disaggregated 

11 by nationality, gender, and age, as possible; and 

12 ‘‘(F) emerging issues in human traf13 ficking.’’. 

14 SEC. 108. PRESIDENTIAL AWARD FOR EXTRAORDINARY EF15 FORTS TO COMBAT TRAFFICKING IN PER16 SONS. 

17 The Trafficking Victims Protection Act of 2000 (22 

18 U.S.C. 7101 et seq.) is amended by inserting after section 

19 112A the following: 

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

21 EFFORTS TO COMBAT TRAFFICKING IN PER22 SONS. 

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

24 authorized to establish an award, to be known as the ‘Paul 

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1 forts To Combat Trafficking in Persons’, for extraor2 dinary efforts to combat trafficking in persons. To the 

3 maximum extent practicable, the Secretary of State shall 

4 present the award annually to not more than 5 individuals 

5 or organizations, including— 

6 ‘‘(1) individuals who are United States citizens 

7 or foreign nationals; and 

8 ‘‘(2) United States or foreign nongovernmental 

9 organizations. 

10 ‘‘(b) SELECTION.—The President shall establish pro11 cedures for selecting recipients of the award authorized 

12 under subsection (a). 

13 ‘‘(c) CEREMONY.—The Secretary of State shall host 

14 an annual ceremony for recipients of the award authorized 

15 under subsection (a) as soon as practicable after the date 

16 on which the Secretary submits to Congress the report re17 quired under section 110(b)(1). The Secretary of State 

18 may pay the travel costs of each recipient and a guest 

19 of each recipient who attends the ceremony. 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated, for each of the fiscal 

22 years 2008 through 2011, such sums as may be necessary 

23 to carry out this section.’’. 


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1 SEC. 109. REPORT ON ACTIVITIES OF THE DEPARTMENT OF 

2 LABOR TO MONITOR AND COMBAT FORCED 

3 LABOR AND CHILD LABOR. 

4 (a) FINAL REPORT; PUBLIC AVAILABILITY OF

5 LIST.—Not later than January 15, 2009, the Secretary 

6 of Labor shall— 

7 (1) submit to the appropriate congressional 

8 committees a final report that— 

9 (A) describes the implementation of section 

10 105(b) of the Trafficking Victims Protection 

11 Reauthorization Act of 2005 (22 U.S.C. 

12 7103(b)); and 

13 (B) includes an initial list of goods de14 scribed in paragraph (2)(C) of such section; 

15 and 

16 (2) make the list of goods described in para17 graph (1)(B) available to the public. 

18 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

19 DEFINED.—In this section, the term ‘‘appropriate con20 gressional committees’’ has the meaning given the term 

21 in section 103 of the Trafficking Victims Protection Act 

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


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1 TITLE II—COMBATING TRAF2 FICKING IN PERSONS IN THE 

3 UNITED STATES 

4 Subtitle A—Ensuring Availability 

5 of Possible Witnesses and In6 formants 

7 SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RE8 TALIATION. 

9 (a) T VISAS.—Section 101(a)(15)(T) of the Immigra10 tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is 

11 amended— 

12 (1) in clause (i)— 

13 (A) in the matter preceding subclause (I), 

14 by striking ‘‘Security and the Attorney General 

15 jointly;’’ and inserting ‘‘Security, in consulta16 tion with the Attorney General,’’; 

17 (B) in subclause (I), by striking the 

18 comma at the end and inserting a semicolon; 

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

20 the following: ‘‘including physical presence on 

21 account of the alien having been allowed entry 

22 into the United States for participation in in23 vestigative or judicial processes;’’; 

24 (D) in subclause (III)— 


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1 (i) in item (aa), by striking ‘‘or’’ at 

2 the end; 

3 (ii) by redesignating item (bb) as item 

4 (cc); 

5 (iii) by inserting after item (aa) the 

6 following: 

7 ‘‘(bb) after consultation with the Attorney 

8 General, is unlikely or unable to cooperate with 

9 a request described in item (aa) due to physical 

10 or psychological trauma; or’’; and 

11 (iv) in item (cc), as redesignated, by 

12 striking ‘‘, and’’ at the end and inserting 

13 ‘‘; and’’; 

14 (E) in subclause (IV), by adding ‘‘and’’ at 

15 the end; 

16 (2) in clause (ii)— 

17 (A) in subclause (I), by striking ‘‘or’’ at 

18 the end; 

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

20 the end and inserting ‘‘or’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(III) any parent or minor sibling of an 

23 alien described in subclause (I) or (II) who a 

24 law enforcement officer determines faces a 

25 present danger of retaliation as a result of the 


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1 alien’s escape from the severe form of traf2 ficking or cooperation with law enforcement.’’; 

3 and 

4 (3) by striking clause (iii). 

5 (b) REQUIREMENTS FOR T VISA ISSUANCE.—Section 

6 214(o) of the Immigration and Nationality Act (8 U.S.C. 

7 1184(o)) is amended— 

8 (1) in paragraph (7)(B)— 

9 (A) by striking ‘‘subparagraph (A) if a 

10 Federal’’ and inserting the following: ‘‘subpara11 graph (A) if— 

12 ‘‘(i) a Federal’’; 

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

14 inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(ii) the Secretary of Homeland Security deter17 mines that an extension of the period of such non18 immigrant status is warranted due to exceptional 

19 circumstances.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(8) In determining the existence of extreme hard22 ship under section 101(a)(15)(T)(i)(IV), the Secretary of 

23 Homeland Security, in consultation with the Attorney 

24 General and other relevant individuals responsible for 

25 working with victims and witnesses, may consider— 


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1 ‘‘(A) whether the country to which the alien is 

2 likely to be removed could adequately address secu3 rity concerns; and 

4 ‘‘(B) the mental and physical health needs of 

5 the alien and of the family members of the alien (as 

6 described in section 101(a)(15)(T)(ii)).’’. 

7 (c) CONDITIONS ON NONIMMIGRANT STATUS FOR

8 CERTAIN CRIME VICTIMS.—Section 214(p)(6) of the Im9 migration and Nationality Act (8 U.S.C. 1184(p)(6)) is 

10 amended by adding at the end the following: ‘‘The Sec11 retary of Homeland Security may extend the authorized 

12 period of status of an alien as a nonimmigrant under sec13 tion 101(a)(15)(U) for a period in excess of 4 years if 

14 the Secretary determines that an extension of such period 

15 is warranted due to exceptional circumstances. Such 

16 alien’s nonimmigrant status shall be extended if the alien 

17 is eligible for relief under section 245(m) and is unable 

18 to obtain such relief because regulations have not been 

19 issued to implement such section.’’. 

20 (d) ADJUSTMENT OF STATUS FOR TRAFFICKING VIC21 TIMS.—Section 245(l) of the Immigration and Nationality 

22 Act (8 U.S.C. 1255(l)) is amended— 

23 (1) in paragraph (1)— 

24 (A) in the matter preceding subparagraph 

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


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1 inserting ‘‘in the opinion of the Secretary of 

2 Homeland Security, in consultation with the At3 torney General,’’; 

4 (B) in subparagraph (B)— 

5 (i) by inserting ‘‘subject to paragraph 

6 (6),’’ after ‘‘(B)’’; and 

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

8 ‘‘; and’’; and 

9 (C) in subparagraph (C)— 

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

11 inserting ‘‘; or’’; and 

12 (ii) in clause (ii), by striking ‘‘, or in 

13 the case of subparagraph (C)(i), the Attor14 ney General,’’; 

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

16 the end and inserting the following: ‘‘, unless— 

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

18 investigation or prosecution described in paragraph 

19 (1)(A); or 

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

21 prosecution certifies that the absence was otherwise 

22 justified.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(6) For purposes of paragraph (1)(B), the Secretary 

25 of Homeland Security may waive consideration of a disVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 qualification from good moral character with respect to 

2 an alien if the disqualification was caused by, or incident 

3 to, the trafficking described in section 101(a)(15)(T)(i)(I). 

4 All costs or fees associated with filing an application for 

5 relief through final adjudication of the adjustment of sta6 tus for a VAWA self-petitioner and for relief under sec7 tions 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 

8 244(a)(3) (as in effect on March 31, 1997) shall be eligible 

9 for fee waivers.’’. 

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

11 Section 245(m)(1) of the Immigration and Nationality Act 

12 (8 U.S.C. 1255(m)(1)) is amended, in the matter pre13 ceding subparagraph (A)— 

14 (1) by inserting ‘‘The’’ before ‘‘Secretary of 

15 Homeland Security’’; and 

16 (2) by striking ‘‘unless the Attorney General’’ 

17 and inserting ‘‘unless the Secretary, in consultation 

18 with the Attorney General,’’. 

19 SEC. 202. INFORMATION FOR WORK-BASED NON20 IMMIGRANTS ON LEGAL RIGHTS AND RE21 SOURCES. 

22 (a) INFORMATION PAMPHLET.— 

23 (1) DEVELOPMENT AND DISTRIBUTION.—The 

24 Secretary of Homeland Security, in consultation 

25 with the Secretary of State, the Attorney General, 


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1 and the Secretary of Labor, shall develop an infor2 mation pamphlet on legal rights and resources for 

3 aliens applying for employment-based nonimmigrant 

4 visas. 

5 (2) CONSULTATION.—In developing the infor6 mation pamphlet under paragraph (1), the Secretary 

7 of Homeland Security shall consult with nongovern8 mental organizations with expertise on the legal 

9 rights of workers and victims of severe forms of traf10 ficking in persons. 

11 (b) CONTENTS.—The information pamphlet devel12 oped under subsection (a) shall include information con13 cerning— 

14 (1) the nonimmigrant visa application proc15 esses, including information about the portability of 

16 employment; 

17 (2) the legal rights of employment-based non18 immigrant visa holders under Federal immigration, 

19 labor, and employment law; 

20 (3) the illegality of slavery, peonage, trafficking 

21 in persons, sexual assault, extortion, blackmail, and 

22 worker exploitation in the United States; 

23 (4) the legal rights of immigrant victims of 

24 worker exploitation, including— 


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1 (A) the right of access to immigrant and 

2 labor rights groups; 

3 (B) the right to seek redress in United 

4 States courts; and 

5 (C) the right to report abuse without retal6 iation; and 

7 (5) services for victims of severe forms of traf8 ficking in persons and worker exploitation in the 

9 United States, including Federal law enforcement 

10 and victim services complaint lines. 

11 (c) TRANSLATION.— 

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

13 groups having the greatest concentration of employ14 ment-based nonimmigrant visas, the Secretary of 

15 Homeland Security shall translate the information 

16 pamphlet developed under subsection (a) into not 

17 fewer than 14 foreign languages, to be determined 

18 by the Secretary based on the languages spoken by 

19 the greatest concentrations of employment-based 

20 nonimmigrant visa applicants. 

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

22 Homeland Security, in consultation with the Attor23 ney General and the Secretary of State, shall deter24 mine the 14 specific languages into which the infor25 mation pamphlet will be translated based on the lanVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 guages spoken by the greatest concentrations of em2 ployment-based nonimmigrant visa applicants. 

3 (d) AVAILABILITY AND DISTRIBUTION.— 

4 (1) POSTING ON FEDERAL WEBSITES.—The in5 formation pamphlet developed under subsection (a) 

6 shall be posted on the websites of the Department 

7 of State, the Department of Homeland Security, the 

8 Department of Justice, the Department of Labor, 

9 and all United States consular posts processing ap10 plications for nonimmigrant visas. 

11 (2) OTHER DISTRIBUTION.—The information 

12 pamphlet developed under subsection (a) shall be 

13 made available to any— 

14 (A) government agency; 

15 (B) nongovernmental advocacy organiza16 tion; or 

17 (C) foreign labor broker doing business in 

18 the United States. 

19 (3) DEADLINE FOR PAMPHLET DEVELOPMENT

20 AND DISTRIBUTION.—Not later than 180 days after 

21 the date of the enactment of this Act, the Secretary 

22 of Homeland Security shall distribute and make 

23 available the information pamphlet developed under 

24 subsection (a) in all the languages referred to in 

25 subsection (c). 


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1 (e) RESPONSIBILITIES OF CONSULAR OFFICERS OF

2 THE DEPARTMENT OF STATE.— 

3 (1) INTERVIEWS.—A consular officer con4 ducting an interview of an alien for an employment5 based nonimmigrant visa shall— 

6 (A) orally disclose to the alien the informa7 tion described in paragraphs (2) and (3) in a 

8 language that the alien understands; and 

9 (B) distribute the pamphlet required under 

10 subsection (a). 

11 (2) LEGAL RIGHTS.—The consular officer shall 

12 disclose to the alien— 

13 (A) the legal rights of employment-based 

14 nonimmigrant visa holders under Federal immi15 gration, labor, and employment laws; 

16 (B) the illegality of slavery, peonage, traf17 ficking in persons, sexual assault, extortion, 

18 blackmail, and worker exploitation in the 

19 United States; and 

20 (C) the legal rights of immigrant victims of 

21 trafficking in persons, worker exploitation, and 

22 other related crimes, including— 

23 (i) the right of access to immigrant 

24 and labor rights groups; 


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1 (ii) the right to seek redress in United 

2 States courts; and 

3 (iii) the right to report abuse without 

4 retaliation. 

5 (3) VICTIM SERVICES.—In carrying out the dis6 closure requirement under this subsection, the con7 sular officer shall disclose to the alien the avail8 ability of services for victims of human trafficking 

9 and worker exploitation in the United States, includ10 ing victim services complaint hotlines. 

11 (f) DEFINITIONS.—In this section: 

12 (1) EMPLOYMENT-BASED NONIMMIGRANT

13 VISA.—The term ‘‘employment-based nonimmigrant 

14 visa’’ means a nonimmigrant visa issued for the pur15 pose of employment, education, or training in the 

16 United States, including visas issued under subpara17 graph (A)(iii), (B)(i) (but only for domestic servants 

18 described in clause (i) or (ii) of section 

19 274a.12(c)(17) of title 8, Code of Federal Regula20 tions (as in effect on December 4, 2007)), (G)(v), 

21 (H), (J), (L), (Q), or (R) of section 101(a)(15) of 

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

23 1101(a)(15)). 

24 (2) SEVERE FORMS OF TRAFFICKING IN PER25 SONS.—The term ‘‘severe forms of trafficking in 


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1 persons’’ has the meaning given the term in section 

2 103 of the Trafficking Victims Protection Act of 

3 2000 (22 U.S.C. 7102). 

4 SEC. 203. DOMESTIC WORKER PROTECTIONS. 

5 (a) DEFINITIONS.—In this section: 

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

7 nonimmigrant visa issued pursuant to section 

8 101(a)(15)(A)(iii) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)(A)(iii)). 

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

11 nonimmigrant visa issued pursuant to section 

12 101(a)(15)(G)(v) of the Immigration and Nation13 ality Act (8 U.S.C. 1101(a)(15)(G)(v)). 

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

15 the Secretary of State. 

16 (b) DISTRIBUTION OF ANTI–TRAFFICKING INFORMA17 TION TO APPLICANTS FOR A–3 AND G–5 VISAS.— 

18 (1) IN GENERAL.—The Secretary shall ensure 

19 the content, consistency, and accuracy of informa20 tion disseminated to— 

21 (A) recipients of A–3 and G–5 visas; and 

22 (B) sponsors or employers of such visa ap23 plicants or visa holders. 

24 (2) INFORMATION PAMPHLET.— 


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1 (A) DEVELOPMENT.—Pursuant to para2 graph (1), the Secretary, in consultation with 

3 the Secretary of the Department of Homeland 

4 Security, the Attorney General, the Secretary of 

5 Labor, and nongovernmental organizations with 

6 expertise in the legal rights of, and services for, 

7 human trafficking victims and immigrant work8 ers, shall develop an information pamphlet for 

9 applicants seeking A–3 and G–5 visas. 

10 (B) CONTENT.—The pamphlet required 

11 under this paragraph shall include information 

12 on— 

13 (i) the visa application process; 

14 (ii) the terms and conditions of the 

15 immigration status granted such visa hold16 ers in the United States, if admitted; 

17 (iii) the rights of A–3 and G–5 visa 

18 holders under Federal immigration, labor, 

19 and employment laws, including— 

20 (I) the right to report abuse 

21 without retaliation; 

22 (II) the right of access to immi23 grant and labor rights groups; and 

24 (III) the right to seek redress in 

25 United States courts; 


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1 (iv) the laws of the United States pro2 hibiting slavery, peonage, trafficking in 

3 persons, sexual assault, extortion, black4 mail, and worker exploitation; 

5 (v) the right of the visa holder to re6 tain possession of their passport; 

7 (vi) the requirement of an employ8 ment contract between the employer and 

9 the visa holder and an explanation of the 

10 rights and protections included in the con11 tract; and 

12 (vii) information about nongovern13 mental organizations that provide services 

14 to trafficking victims, including— 

15 (I) the National Trafficking in 

16 Persons and Worker Exploitation 

17 Task Force complaint line; 

18 (II) the Operation Rescue and 

19 Restore hotline; and 

20 (III) a general description of the 

21 types of victims services available if 

22 an individual is subject to trafficking 

23 in persons. 

24 (C) TRANSLATION.—The Secretary, in 

25 consultation with the Secretary of Homeland 


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1 Security, shall translate the information pam2 phlet required under this paragraph into at 

3 least 10 languages based upon the languages 

4 spoken by the greatest concentration of A–3 

5 and G–5 visa holders. 

6 (D) AVAILABILITY.— 

7 (i) BY MAIL.—The Secretary shall 

8 mail the information pamphlet developed 

9 under this paragraph to each applicant for 

10 an A–3 or G–5 visa. The pamphlet shall be 

11 in the primary language of the applicant, 

12 or in English if no translation into the ap13 plicant’s primary language is available. 

14 (ii) CONSULAR INTERVIEWS.—The 

15 consular officer conducting the personal 

16 interview with the visa applicant shall pro17 vide the information pamphlet developed 

18 under this paragraph to the applicant. If a 

19 version of the pamphlet is not available in 

20 the primary language of the applicant, the 

21 officer shall— 

22 (I) provide the applicant with a 

23 copy of the pamphlet in English; and 

24 (II) if the officer determines that 

25 the applicant is illiterate, review the 


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1 pamphlet with the applicant orally in 

2 the primary language of the applicant. 

3 (iii) WEBSITE.—The Secretary shall 

4 ensure that the information pamphlet de5 veloped under this paragraph is posted 

6 on— 

7 (I) the Internet website of the 

8 Department of State; and 

9 (II) on the Internet websites of 

10 all consular posts processing A–3 and 

11 G–5 visa applications. 

12 (c) LIMITATIONS ON ISSUANCE OF A–3 AND G–5 

13 VISAS.— 

14 (1) CONTRACT REQUIREMENT.—Notwith15 standing any other provision of law, the Secretary 

16 may not issue a visa— 

17 (A) under section 101(a)(15)(A)(iii) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(A)(iii)) unless the applicant is em20 ployed, or has signed a contract to be employed, 

21 by the Ambassador, Deputy Chief of Mission, 

22 or principal officer or deputy principal officer of 

23 a diplomatic mission or consular post; or 

24 (B) under section 101(a)(15)(G)(v) of such 

25 Act unless the applicant is employed, or has 


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1 signed a contract to be employed by an em2 ployee in a senior management position in an 

3 international organization. 

4 (2) SUSPENSION REQUIREMENT.—Notwith5 standing any other provision of law, the Secretary 

6 shall suspend, for such period as the Secretary de7 termines necessary, the issuance of visas under sub8 paragraphs (A)(iii) and (G)(v) of section 101(a)(15) 

9 of the Immigration and Nationality Act to applicants 

10 seeking to work for officials of a diplomatic mission, 

11 if the Secretary finds that such mission, or the em12 ployees of such mission, have a record of abusing or 

13 exploiting A–3 or G–5 visa holders, or of tolerating 

14 such actions. 

15 (d) PROTECTIONS AND REMEDIES FOR A–3 AND G– 

16 5 VISA HOLDERS EMPLOYED BY DIPLOMATS AND STAFF

17 OF INTERNATIONAL ORGANIZATIONS.— 

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

19 or renew an A–3 or G–5 visa unless— 

20 (A) the visa applicant has executed a con21 tract with the employer or prospective employer 

22 containing provisions described in paragraph 

23 (2); and 

24 (B) a consular officer has conducted a per25 sonal interview with the applicant outside the 


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1 presence of the employer or any recruitment 

2 agent in which the officer reviewed the terms of 

3 the contract and the provisions of the pamphlet 

4 required under subsection (b)(2). 

5 (2) MANDATORY CONTRACT.—The contract be6 tween the employer and domestic worker required 

7 under paragraph (1) shall include— 

8 (A) an agreement by the employer to abide 

9 by all Federal, State, and local laws in the 

10 United States; 

11 (B) information on the frequency and form 

12 of payment, work duties, weekly work hours, 

13 holidays, sick days, and vacation days; and 

14 (C) an agreement by the employer not to 

15 withhold the passport, employment contract, or 

16 other personal property of the employee. 

17 (3) TRAINING OF CONSULAR OFFICERS.—The 

18 Secretary shall provide appropriate training to con19 sular officers on fair labor standards in the United 

20 States, trafficking in persons, and the provisions of 

21 this section. 

22 (4) RECORDKEEPING.— 

23 (A) IN GENERAL.—The Secretary shall 

24 maintain records on the presence of A–3 and 


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1 G–5 visa holders in the United States, includ2 ing— 

3 (i) a copy of the employment contract 

4 of applicants for such visas; 

5 (ii) information about when the visa 

6 holder entered and permanently exited the 

7 country place of residence; 

8 (iii) the official title, contact informa9 tion, and immunity level of the employer; 

10 and 

11 (iv) information regarding any allega12 tions of abuse received by the Department 

13 of State. 

14 (e) PROTECTION FROM REMOVAL DURING LEGAL

15 ACTIONS AGAINST FORMER EMPLOYERS.— 

16 (1) REMAINING IN THE UNITED STATES TO

17 SEEK LEGAL REDRESS.— 

18 (A) IN GENERAL.— 

19 (i) EFFECT OF COMPLAINT FILING.— 

20 If an A–3 or G–5 visa holder working in 

21 the United States files a complaint regard22 ing a violation of any of the terms con23 tained in the contract or violation of any 

24 other Federal, State, or local law in the 

25 United States governing the terms and 


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1 conditions of employment of the visa hold2 er, the Attorney General and the Secretary 

3 of Homeland Security shall permit the visa 

4 holder to remain legally in the United 

5 States for time sufficient to participate 

6 fully and effectively in all administrative 

7 and legal proceedings related to the com8 plaint. 

9 (ii) FAILURE TO EXERCISE DUE DILI10 GENCE.—If the Secretary of Homeland Se11 curity, after consultation with the Attorney 

12 General, determines that the A–3 or G–5 

13 visa holder has failed to exercise due dili14 gence in pursuing such action, the Sec15 retary may revoke the order permitting the 

16 A–3 or G–5 visa holder to remain in the 

17 United States. 

18 (B) AUTHORIZATION TO WORK.—The At19 torney General and the Secretary of Homeland 

20 Security shall authorize visa holders described 

21 in subparagraph (A) to engage in employment 

22 in the United States during the period the visa 

23 holder is in the United States pursuant to sub24 paragraph (A). 

25 (f) STUDY AND REPORT.— 


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1 (1) INVESTIGATION REPORT.— 

2 (A) IN GENERAL.—Not later than 180 

3 days after the date of the enactment of this 

4 Act, and every 2 years thereafter for the fol5 lowing 10 years, the Secretary shall submit a 

6 report to the appropriate congressional commit7 tees on the implementation of this section. 

8 (B) CONTENTS.—The report submitted 

9 under subparagraph (A) shall include— 

10 (i) an assessment of the actions taken 

11 by the Department of State and the De12 partment of Justice to investigate allega13 tions of trafficking or abuse of A–3 and 

14 G–5 visa holders; and 

15 (ii) the results of such investigations. 

16 (2) FEASIBILITY OF OVERSIGHT OF EMPLOYEES

17 OF DIPLOMATS AND REPRESENTATIVES OF OTHER

18 INSTITUTIONS REPORT.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary shall submit a report to the appropriate con21 gressional committees on the feasibility of— 

22 (A) establishing a system to monitor the 

23 treatment of A–3 and G–5 visa holders who 

24 have been admitted to the United States; 


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1 (B) a range of compensation approaches, 

2 such as a bond program, compensation fund, or 

3 insurance scheme, to ensure that such visa 

4 holders receive appropriate compensation if 

5 their employers violate the terms of their em6 ployment contracts; and 

7 (C) with respect to each proposed com8 pensation approach described in subparagraph 

9 (B), an evaluation and proposal describing the 

10 proposed processes for— 

11 (i) adjudicating claims of rights viola12 tions; 

13 (ii) determining the level of compensa14 tion; and 

15 (iii) administering the program, fund, 

16 or scheme. 

17 SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING AC18 TIONS ON PETITIONS AND APPLICATIONS 

19 FOR RELIEF. 

20 Section 237 of the Immigration and Nationality Act 

21 (8 U.S.C. 1227) is amended by adding at the end the fol22 lowing: 

23 ‘‘(d)(1) If an application for nonimmigrant status 

24 under section 101(a)(15)(T) filed for an alien in the 

25 United States sets forth a prima facie case for approval, 


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1 the Secretary of Homeland Security may grant the alien 

2 a stay of removal or deportation until— 

3 ‘‘(A) the application is approved; or 

4 ‘‘(B) the application is denied, after the exhaus5 tion of administrative appeals. 

6 ‘‘(2) Any appeal of the denial of a stay of removal 

7 or deportation under this subsection shall accompany any 

8 appeal of the underlying substantive petition or applica9 tion for benefits. 

10 ‘‘(3) During any period in which an alien is provided 

11 a stay of removal under this subsection, the alien may not 

12 be removed or deported. 

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

14 limit the authority of the Secretary of Homeland Security 

15 to grant a stay of removal or deportation in any case not 

16 described in this subsection.’’. 

17 SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTIN18 UED PRESENCE IN THE UNITED STATES. 

19 (a) EXPANSION OF AUTHORITY.— 

20 (1) IN GENERAL.—Section 107(c)(3) of the 

21 Trafficking Victims Protection Act of 2000 (22 

22 U.S.C. 7105(c)(3)) is amended to read as follows: 

23 ‘‘(3) AUTHORITY TO PERMIT CONTINUED PRES24 ENCE IN THE UNITED STATES.— 

25 ‘‘(A) TRAFFICKING VICTIMS.— 


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1 ‘‘(i) IN GENERAL.—If a Federal law 

2 enforcement official files an application 

3 that makes a prima facie showing that an 

4 alien may be a victim of a severe form of 

5 trafficking and may be a potential witness 

6 to such trafficking, the Secretary of Home7 land Security may permit the alien to re8 main in the United States to facilitate the 

9 investigation and prosecution of those re10 sponsible for such crime. 

11 ‘‘(ii) SAFETY.—While investigating 

12 and prosecuting suspected traffickers, Fed13 eral law enforcement officials described in 

14 clause (i) shall make reasonable efforts to 

15 protect the safety of trafficking victims, in16 cluding taking measures to protect traf17 ficked persons and their family members 

18 from intimidation, threats of reprisals, and 

19 reprisals from traffickers and their associ20 ates. 

21 ‘‘(iii) CONTINUATION OF PRES22 ENCE.—The Secretary shall permit an 

23 alien described in clause (i) who has filed 

24 a civil action under section 1595 of title 

25 18, United States Code, to remain in the 


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1 United States until such action is con2 cluded. If the Secretary, in consultation 

3 with the Attorney General, determines that 

4 the alien has failed to exercise due dili5 gence in pursuing such action, the Sec6 retary may revoke the order permitting the 

7 alien to remain in the United States. 

8 ‘‘(B) PAROLE FOR RELATIVES.—Law en9 forcement officials may submit written requests 

10 to the Secretary of Homeland Security, in ac11 cordance with section 240A(b)(6) of the Immi12 gration and Nationality Act (8 U.S.C. 

13 1229b(b)(b)), to permit the parole into the 

14 United States of certain relatives of an alien de15 scribed in subparagraph (A)(i). 

16 ‘‘(C) STATE AND LOCAL LAW ENFORCE17 MENT.—The Secretary of Homeland Security, 

18 in consultation with the Attorney General, 

19 shall— 

20 ‘‘(i) develop materials to assist State 

21 and local law enforcement officials in work22 ing with Federal law enforcement to obtain 

23 continued presence for victims of a severe 

24 form of trafficking in cases investigated or 

25 prosecuted at the State or local level; and 


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1 ‘‘(ii) distribute the materials devel2 oped under clause (i) to State and local 

3 law enforcement officials.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1)— 

6 (A) shall take effect on the date of the en7 actment of this Act; 

8 (B) shall apply to requests for continued 

9 presence filed pursuant to section 107(c)(3) of 

10 the Trafficking Victims Protection Act (22 

11 U.S.C. 7105(c)(3)) before, on, or after such 

12 date; and 

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

14 not present in the United States. 

15 (b) PAROLE FOR DERIVATIVES OF TRAFFICKING VIC16 TIMS.—Section 240A(b) of the Immigration and Nation17 ality Act (8 U.S.C. 1229b(b)) is amended by adding at 

18 the end the following: 

19 ‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 

20 ‘‘(A) IN GENERAL.—Upon written request 

21 by a law enforcement official, the Secretary of 

22 Homeland Security may parole under section 

23 212(d)(5) any alien who is a relative of an alien 

24 granted continued presence under section 

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1 tion Act (22 U.S.C. 7105(c)(3)(A)), if the rel2 ative— 

3 ‘‘(i) was, on the date on which law en4 forcement applied for such continued pres5 ence— 

6 ‘‘(I) in the case of an alien grant7 ed continued presence who is under 

8 21 years of age, the spouse, child, 

9 parent, or unmarried sibling under 18 

10 years of age, of the alien; or 

11 ‘‘(II) in the case of an alien 

12 granted continued presence who is 21 

13 years of age or older, the spouse or 

14 child of the alien; or 

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

16 who the requesting law enforcement official 

17 determines to be in present danger of re18 taliation as a result of the alien’s escape 

19 from the severe form of trafficking or co20 operation with law enforcement, irrespec21 tive of age. 

22 ‘‘(B) DURATION OF PAROLE.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall extend the parole granted under sub25 paragraph (A) until the final adjudication 


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1 of the application filed by the principal 

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

3 ‘‘(ii) OTHER LIMITS ON DURATION.— 

4 If an application described in clause (i) is 

5 not filed, the parole granted under sub6 paragraph (A) shall extend until the later 

7 of— 

8 ‘‘(I) the date on which the prin9 cipal alien’s authority to remain in the 

10 United States under section 

11 107(c)(3)(A) of the Trafficking Vic12 tims Protection Act (22 U.S.C. 

13 7105(c)(3)(A)) is terminated; or 

14 ‘‘(II) the date on which a civil ac15 tion filed by the principal alien under 

16 section 1595 of title 18, United States 

17 Code, is concluded. 

18 ‘‘(iii) DUE DILIGENCE.—Failure by 

19 the principal alien to exercise due diligence 

20 in filing a visa petition on behalf of an 

21 alien described in clause (i) or (ii) of sub22 paragraph (A), or in pursuing the civil ac23 tion described in clause (ii)(II) (as deter24 mined by the Secretary of Homeland SecuVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 rity in consultation with the Attorney Gen2 eral), may result in revocation of parole. 

3 ‘‘(C) OTHER LIMITATIONS.—A relative 

4 may not be granted parole under this para5 graph if— 

6 ‘‘(i) the Secretary of Homeland Secu7 rity or the Attorney General has reason to 

8 believe that the relative was knowingly 

9 complicit in the trafficking of an alien per10 mitted to remain in the United States 

11 under section 107(c)(3)(A) of the Traf12 ficking Victims Protection Act (22 U.S.C. 

13 7105(c)(3)(A)); or 

14 ‘‘(ii) the relative is an alien described 

15 in paragraph (2) or (3) of section 212(a) 

16 or paragraph (2) or (4) of section 

17 237(a).’’. 

18 SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS 

19 PROTECTION REAUTHORIZATION ACT OF 

20 2005. 

21 (a) RULEMAKING.—Not later than 120 days after the 

22 date of the enactment of this Act, the Secretary of Home23 land Security shall issue interim regulations regarding the 

24 adjustment of status to permanent residence for non25 immigrants admitted into the United States under section 


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1 101(a)(15)(T) or (U) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)(T) and (U)). 

3 (b) REPORT.—If the interim regulations required 

4 under subsection (a) are not issued by the deadline set 

5 forth in subsection (a), the Secretary shall submit a report 

6 providing a detailed explanation of the reasons such regu7 lations have not been issued to— 

8 (1) the Committee on Foreign Relations of the 

9 Senate; 

10 (2) the Committee on the Judiciary of the Sen11 ate; 

12 (3) the Committee on Foreign Affairs of the 

13 House of Representatives; and 

14 (4) the Committee on the Judiciary of the 

15 House of Representatives. 

16 (c) EXTENSION OF ELIGIBILITY UNTIL ISSUANCE OF

17 REGULATIONS.—Section 214(o)(7)(B) of the Immigration 

18 and Nationality Act (8 U.S.C. 1184(o)(7)(B)) is amend19 ed— 

20 (1) by striking ‘‘if a Federal’’ and inserting 

21 ‘‘if— 

22 ‘‘(i) a Federal’’; and 

23 (2) by striking the period at the end and insert24 ing ‘‘; or’’ 


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

2 245(l) and is unable to obtain such relief because 

3 regulations have not been issued to implement such 

4 section.’’. 

5 Subtitle B—Assistance for 

6 Trafficking Victims 

7 SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STA8 TUS APPLICANTS. 

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

10 Responsibility and Work Opportunity Reconciliation Act 

11 of 1996 (8 U.S.C. 1641(c)) is amended— 

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

13 end; 

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

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

16 (3) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) an alien for which a petition has been ap19 proved, or is pending, that sets forth a prima facie 

20 case for status as a nonimmigrant under section 

21 101(a)(15)(T) of the Immigration and Nationality 

22 Act (8 U.S.C. 1101(a)(15)(T)).’’. 

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

24 subsection (a) shall apply to applications for public bene25 fits and public benefits provided on or after the date of 


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1 the enactment of this Act without regard to whether regu2 lations have been implemented to carry out such amend3 ments. 

4 SEC. 212. INTERIM ASSISTANCE FOR CHILD VICTIMS OF 

5 TRAFFICKING. 

6 (a) IN GENERAL.—Section 107(b)(1) of the Traf7 ficking Victims Protection Act of 2000 (22 U.S.C. 

8 7105(b)(1)) is amended— 

9 (1) in subparagraph (E)— 

10 (A) in clause (i)— 

11 (i) in subclause (I), by inserting ‘‘or is 

12 unlikely or unable to cooperate with such a 

13 request due to physical or psychological 

14 trauma’’ before the semicolon; and 

15 (ii) in subclause (II)(bb), by striking 

16 ‘‘the Attorney General and’’; and 

17 (B) in clause (ii), by striking ‘‘Attorney 

18 General’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(F) ELIGIBILITY OF INTERIM ASSISTANCE

21 FOR CHILD VICTIMS.— 

22 ‘‘(i) DETERMINATION.—Upon receiv23 ing credible information that a person de24 scribed in subparagraph (C)(ii)(I) who is 

25 seeking assistance under this paragraph 


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1 has been subjected to a severe form of 

2 trafficking in persons, the Secretary of 

3 Health and Human Services shall promptly 

4 determine if the person is eligible for in5 terim assistance under this paragraph. The 

6 Secretary shall have exclusive authority to 

7 make interim eligibility determinations 

8 under this clause. 

9 ‘‘(ii) NOTIFICATION.—The Secretary 

10 of Health and Human Services shall notify 

11 the Attorney General and the Secretary of 

12 Homeland Security not later than 48 hours 

13 after all interim eligibility determinations 

14 have been made under clause (i) if there is 

15 evidence of an ongoing violation. 

16 ‘‘(iii) DURATION.—Assistance under 

17 this paragraph may be provided to individ18 uals determined to be eligible under clause 

19 (i) for a period of up to 90 days and may 

20 be extended for an additional 30 days. 

21 ‘‘(iv) LONG-TERM ASSISTANCE FOR

22 CHILD VICTIMS.— 

23 ‘‘(I) ELIGIBILITY DETERMINA24 TION.—Before the expiration of the 

25 period for interim assistance under 


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1 clause (iii), the Secretary of Health 

2 and Human Services shall determine 

3 if the person referred to in clause (i) 

4 is eligible for assistance under this 

5 paragraph. 

6 ‘‘(II) CONSULTATION.—In mak7 ing a determination, the Secretary 

8 must consult with the Attorney Gen9 eral, the Secretary of Homeland Secu10 rity, and nongovernmental organiza11 tions with expertise on victims of se12 vere form of trafficking. 

13 ‘‘(III) LETTER OF ELIGI14 BILITY.—If the Secretary, after re15 ceiving information the Secretary be16 lieves, taken as a whole, indicates that 

17 the person referred to in clause (i) 

18 was a victim of a severe form of 

19 human trafficking, the Secretary shall 

20 issue a letter confirming that the per21 son is eligible for assistance under 

22 this paragraph. The Secretary may 

23 not require that the person meet with 

24 law enforcement as a condition for re25 ceiving such letter of eligibility. 


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1 ‘‘(G) NOTIFICATION OF CHILD VICTIMS

2 FOR INTERIM ASSISTANCE.— 

3 ‘‘(i) FEDERAL OFFICIALS.—Not later 

4 than 24 hours after a Federal official dis5 covers that a person who is under 18 years 

6 of age may be a victim of a severe form of 

7 trafficking in persons, the official shall no8 tify the Secretary of Health and Human 

9 Services to facilitate the provision of in10 terim assistance under subparagraph (F). 

11 ‘‘(ii) STATE AND LOCAL OFFICIALS.— 

12 Not later than 48 hours after a State or 

13 local official discovers that a person who is 

14 under 18 years of age may be a victim of 

15 trafficking in persons, the official shall no16 tify the Secretary of Health and Human 

17 Services to facilitate the provision of in18 terim assistance under subparagraph 

19 (F).’’. 

20 (b) TRAINING OF GOVERNMENT PERSONNEL.—Sec21 tion 107(c)(4) of the Trafficking Victims Protection Act 

22 of 2000 (22 U.S.C. 7105(c)(4)) is amended to read as 

23 follows: 

24 ‘‘(4) TRAINING OF GOVERNMENT PER25 SONNEL.— 


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1 ‘‘(A) FEDERAL PERSONNEL.—Appropriate 

2 personnel of the Department of State, the De3 partment of Justice, the Department of Home4 land Security, and the Department of Health 

5 and Human Services shall be trained to— 

6 ‘‘(i) identify victims of severe forms of 

7 trafficking, including juvenile victims; and 

8 ‘‘(ii) provide for the protection of such 

9 victims. 

10 ‘‘(B) STATE AND LOCAL OFFICIALS.—The 

11 Attorney General and the Secretary of Heath 

12 and Human Services shall provide education 

13 and guidance to State and local officials regard14 ing— 

15 ‘‘(i) the identification of aliens who 

16 are the victims of severe forms of traf17 ficking, particularly child victims of traf18 ficking; and 

19 ‘‘(ii) the requirements of subsection 

20 (b)(1)(G)(ii).’’. 

21 SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF 

22 TRAFFICKING IN PERSONS. 

23 (a) AMENDMENTS TO THE TRAFFICKING VICTIMS

24 PROTECTION ACT OF 2000.— 


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1 (1) ASSISTANCE FOR UNITED STATES CITIZENS

2 AND LAWFUL PERMANENT RESIDENTS.—Section 

3 107 of the Trafficking Victims Protection Act of 

4 2000 (22 U.S.C. 7105) is amended by inserting 

5 after subsection (e) the following: 

6 ‘‘(f) ASSISTANCE FOR UNITED STATES CITIZENS

7 AND LAWFUL PERMANENT RESIDENTS.— 

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

9 and Human Services and the Attorney General, in 

10 consultation with the Secretary of Labor, shall es11 tablish a program to assist United States citizens 

12 and aliens lawfully admitted for permanent residence 

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

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

15 are victims of severe forms of trafficking. In deter16 mining the assistance that would be most beneficial 

17 for such victims, the Secretary and the Attorney 

18 General shall consult with nongovernmental organi19 zations that provide services to victims of severe 

20 forms of trafficking in the United States. 

21 ‘‘(2) USE OF EXISTING PROGRAMS.—In addi22 tion to specialized services required for victims de23 scribed in paragraph (1), the program established 

24 pursuant to paragraph (1) shall— 


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1 ‘‘(A) facilitate communication and coordi2 nation between the providers of assistance to 

3 such victims; 

4 ‘‘(B) provide a means to identify such pro5 viders; and 

6 ‘‘(C) provide a means to make referrals to 

7 programs for which such victims are already eli8 gible, including programs administered by the 

9 Department of Justice and the Department of 

10 Health and Human Services. 

11 ‘‘(3) GRANTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary of 

13 Health and Human Services and the Attorney 

14 General may award grants to States, Indian 

15 tribes, units of local government, and nonprofit, 

16 nongovernmental victim service organizations to 

17 develop, expand, and strengthen victim service 

18 programs authorized under this subsection. 

19 ‘‘(B) MAXIMUM FEDERAL SHARE.—The 

20 Federal share of a grant awarded under this 

21 paragraph may not exceed 75 percent of the 

22 total costs of the projects described in the appli23 cation submitted by the grantee.’’. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 Section 113 of the Trafficking Victims Protection 

3 Act of 2000 (22 U.S.C. 7110) is amended— 

4 (A) in subsection (b)— 

5 (i) by striking ‘‘To carry out’’ and in6 serting the following: 

7 ‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSIST8 ANCE.—To carry out’’; and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(2) ADDITIONAL BENEFITS FOR TRAFFICKING

12 VICTIMS.—To carry out the purposes of section 

13 107(f), there are authorized to be appropriated to 

14 the Secretary of Health and Human Services— 

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

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

17 ‘‘(C) $10,000,000 for fiscal year 2010; and 

18 ‘‘(D) $15,000,000 for fiscal year 2011.’’; 

19 and 

20 (B) in subsection (d)— 

21 (i) by striking ‘‘To carry out the pur22 poses of section 107(b)’’ and inserting the 

23 following: 


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1 ‘‘(A) ELIGIBILITY FOR BENEFITS AND AS2 SISTANCE.—To carry out the purposes of sec3 tion 107(b)’’; 

4 (ii) by striking ‘‘To carry out the pur5 poses of section 134’’ and inserting the fol6 lowing: 

7 ‘‘(B) ASSISTANCE TO FOREIGN COUN8 TRIES.—To carry out the purposes of section 

9 134’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(C) ADDITIONAL BENEFITS FOR TRAF13 FICKING VICTIMS.—To carry out the purposes 

14 of section 107(f), there are authorized to be ap15 propriated to the Attorney General— 

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

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

18 ‘‘(iii) $10,000,000 for fiscal year 

19 2010; and 

20 ‘‘(iv) $15,000,000 for fiscal year 

21 2011.’’. 

22 (3) TECHNICAL ASSISTANCE.—Section 

23 107(b)(2)(B)(ii) of the Trafficking Victims Protec24 tion Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is 

25 amended to read as follows: 


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1 ‘‘(ii) 5 percent for training and tech2 nical assistance, including increasing ca3 pacity and expertise on security for and 

4 protection of service providers from intimi5 dation or retaliation for their activities.’’. 

6 (b) STUDY.— 

7 (1) REQUIREMENT.—Not later than 1 year 

8 after the date of the enactment of this Act, the At9 torney General and the Secretary of Health and 

10 Human Services shall submit a report to the appro11 priate congressional committees that identifies the 

12 existence or extent of any service gap between for13 eign and United States citizen victims of severe 

14 forms of trafficking and victims of sex trafficking 

15 (as defined in section 103 of the Trafficking Victims 

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

17 (2) ELEMENTS.—In carrying out the study 

18 under subparagraph (1), the Attorney General and 

19 the Secretary of Health and Human Services shall— 

20 (A) investigate factors relating to the legal 

21 ability of foreign and United States citizen vic22 tims of trafficking to access government-funded 

23 social services in general, including the applica24 tion of the Personal Responsibility and Work 

25 Opportunity Reconciliation Act of 1996 (8 


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1 U.S.C. 1641(c)(5)) and the Illegal Immigration 

2 and Immigrant Responsibility Act of 1996 (di3 vision C of Public Law 104–208; 110 Stat. 

4 3009 et seq.); 

5 (B) investigate any other impediments to 

6 the access of foreign and United States citizen 

7 victims of trafficking to government-funded so8 cial services; 

9 (C) investigate any impediments to the ac10 cess of foreign and United States citizen victims 

11 of trafficking to government-funded services 

12 targeted to victims of severe forms of traf13 ficking and victims of sex trafficking; 

14 (D) investigate the effect of trafficking 

15 service-provider infrastructure development, 

16 continuity of care, and availability of case17 workers on the eventual restoration and reha18 bilitation of foreign and United States citizen 

19 victims of trafficking; and 

20 (E) include findings, best practices, and 

21 recommendations, if any, based on the study of 

22 the elements described in subparagraphs (A) 

23 through (D) and any other related information. 


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1 Subtitle C—Penalties Against 

2 Traffickers and Other Crimes 

3 SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCE4 MENT OF CIVIL ACTION. 

5 Chapter 77 of title 18, United States Code, is amend6 ed— 

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

8 following: 

9 ‘‘(4) The distribution of proceeds among multiple vic10 tims in an order of restitution under this section shall gov11 ern the distribution of forfeited funds through the proc12 esses of remission or restoration under this section or any 

13 other statute that explicitly authorizes restoration or re14 mission of forfeited property.’’; 

15 (2) in section 1594— 

16 (A) in subsection (b), by striking ‘‘The 

17 court,’’ and inserting ‘‘Subject to remission or 

18 restoration, the court,’’; and 

19 (B) in subsection (c), by adding at the end 

20 the following: 

21 ‘‘(3) The Attorney General shall grant restoration or 

22 remission of property to victims of— 

23 ‘‘(A) an offense under this chapter that results 

24 in forfeiture under this section; or 


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1 ‘‘(B) an offense under any other statute that 

2 explicitly authorizes restoration or remission of for3 feited property. 

4 ‘‘(4) In a prosecution brought under Federal law, the 

5 Attorney General may grant restoration or remission of 

6 property to victims of severe forms of trafficking (as de7 fined in section 103 of the Trafficking Victims Protection 

8 Act of 2000 (22 U.S.C. 7102)), in accordance with section 

9 1593(b)(4).’’; and 

10 (3) in section 1595— 

11 (A) in subsection (a)— 

12 (i) by striking ‘‘of section 1589, 1590, 

13 or 1591’’; and 

14 (ii) by inserting ‘‘(or any person who 

15 knowingly benefits, financially or by receiv16 ing anything of value from participation in 

17 a venture which has engaged in an act in 

18 violation of this chapter)’’ after ‘‘perpe19 trator’’; and 

20 (B) by adding at the end the following: 

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

22 unless it is commenced not later than 10 years after the 

23 cause of action arose.’’. 


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1 SEC. 222. ENHANCING TRAFFICKING OFFENSES. 

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

3 States Code, is amended— 

4 (1) by redesignating paragraphs (1), (2), and 

5 (3) as subparagraphs (A), (B), and (C), respectively; 

6 (2) by inserting ‘‘(1)’’ before ‘‘If, after a hear7 ing’’; 

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

9 (4) by inserting ‘‘(3)’’ before ‘‘Subject to rebut10 tal’’; 

11 (5) by striking ‘‘paragraph (1) of this sub12 section’’ each place it appears and inserting ‘‘sub13 paragraph (A)’’; 

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

15 (A) by striking ‘‘committed an offense’’ 

16 and inserting the following: ‘‘committed— 

17 ‘‘(A) an offense’’; 

18 (B) by striking ‘‘46, an offense’’ and in19 serting the following: ‘‘46; 

20 ‘‘(B) an offense’’; 

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

22 inserting the following: ‘‘title; 

23 ‘‘(C) an offense’’; and 

24 (D) by striking ‘‘prescribed or an offense’’ 

25 and inserting the following: ‘‘prescribed; 


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

2 for which a maximum term of imprisonment of 20 

3 years or more is prescribed; or 

4 ‘‘(E) an offense’’. 

5 (b) PREVENTING OBSTRUCTION.— 

6 (1) ENTICEMENT INTO SLAVERY.—Section 

7 1583 of title 18, United States Code, is amended to 

8 read as follows: 

9 ‘‘§ 1583. Enticement into slavery 

10 ‘‘(a) Any person who— 

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

12 with the intent that such other person be sold into 

13 involuntary servitude, or held as a slave; 

14 ‘‘(2) entices, persuades, or induces any other 

15 person to go on board any vessel or to any other 

16 place with the intent that he may be made or held 

17 as a slave, or sent out of the country to be so made 

18 or held; or 

19 ‘‘(3) obstructs, or attempts to obstruct, or in 

20 any way interferes with or prevents the enforcement 

21 of this section, 

22 shall be fined under this title, imprisoned not more than 

23 20 years, or both. 


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1 ‘‘(b) Any person who violates this section shall be 

2 fined under this title, imprisoned for any term of years 

3 or for life, or both if— 

4 ‘‘(1) the violation results in the death of the 

5 victim; or 

6 ‘‘(2) the violation includes kidnapping, an at7 tempt to kidnap, aggravated sexual abuse, an at8 tempt to commit aggravated sexual abuse, or an at9 tempt to kill.’’. 

10 (2) SALE INTO INVOLUNTARY SERVITUDE.— 

11 Section 1584 of such title is amended— 

12 (A) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 

13 and 

14 (B) by adding at the end the following: 

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

16 any way interferes with or prevents the enforcement of 

17 this section, shall be subject to the penalties under sub18 section (a).’’. 

19 (3) TRAFFICKING.—Section 1590 of such title 

20 is amended— 

21 (A) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 

22 and 

23 (B) by adding at the end the following: 

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

25 any way interferes with or prevents the enforcement of 


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1 this section, shall be subject to the penalties under sub2 section (a).’’. 

3 (4) SEX TRAFFICKING OF CHILDREN.—Section 

4 1591 of such title is amended— 

5 (A) in subsection (a), by striking ‘‘that 

6 force, fraud, or coercion described in subsection 

7 (c)(2)’’ and inserting ‘‘, or in reckless disregard 

8 of the fact, that means of force, threats of 

9 force, fraud, coercion described in subsection 

10 (c)(2), or any combination of such means’’; 

11 (B) in subsection (b)(1), by striking 

12 ‘‘force, fraud, or coercion’’ and inserting 

13 ‘‘means of force, threats of force, fraud, coer14 cion, or any combination of such means,’’; 

15 (C) by redesignating subsection (c) as sub16 section (d); 

17 (D) by inserting after subsection (b) the 

18 following: 

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

20 any way interferes with or prevents the enforcement of 

21 this section, shall be subject to the penalties under sub22 section (b).’’; and 

23 (E) in subsection (d), as redesignated— 

24 (i) by redesignating paragraph (3) as 

25 paragraph (5); 


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1 (ii) by redesignating paragraph (1) as 

2 paragraph (3); 

3 (iii) by inserting before paragraph (2) 

4 the following: 

5 ‘‘(1) The term ‘abuse or threatened abuse of 

6 law or legal process’ means the use or threatened 

7 use of a law or legal process, whether civil or crimi8 nal, against another person primarily to accomplish 

9 a purpose for which the law was not designed, in 

10 order to exert pressure on another person to cause 

11 that person to take some action or refrain from tak12 ing some action.’’; and 

13 (iv) by inserting after paragraph (3), 

14 as redesignated, the following: 

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

16 whether physical or nonphysical, that is sufficiently 

17 serious, under all the surrounding circumstances, to 

18 compel a reasonable person of the same background 

19 and in the same circumstances to perform or to con20 tinue performing labor or services in order to avoid 

21 incurring that harm.’’. 

22 (5) UNLAWFUL CONDUCT.—Section 1592 of 

23 such title is amended by adding at the end the fol24 lowing: 


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

2 any way interferes with or prevents the enforcement of 

3 this section, shall be subject to the penalties under sub4 section (a).’’. 

5 (c) HOLDING CONSPIRATORS ACCOUNTABLE.—Sec6 tion 1594 of title 18, United States Code, is amended— 

7 (1) by redesignating subsections (b), (c), and 

8 (d) as subsections (c), (d), and (e) respectively; and 

9 (2) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) Whoever conspires with another to violate sec12 tion 1581, 1583, 1589, 1590, 1591, or 1592 shall be pun13 ished in the same manner as a completed violation of that 

14 section.’’. 

15 (d) PUNISHING FINANCIAL GAIN FROM TRAFFICKED

16 LABOR.—Section 1589 of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘SEC. 1589. FORCED LABOR. 

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

20 or services of a person by any one of, or by any combina21 tion of, the following means— 

22 ‘‘(1) by means of force, threats of force, phys23 ical restraint, or threats of physical restraint to that 

24 person or another person; 


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1 ‘‘(2) by means of serious harm or threats of se2 rious harm to that person or another person; 

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

4 of law or legal process; or 

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

6 intended to cause the person to believe that, if that 

7 person did not perform such labor or services, that 

8 person or another person would suffer serious harm 

9 or physical restraint, 

10 shall be punished as provided under subsection (d). 

11 ‘‘(b) Whoever knowingly benefits, financially or by re12 ceiving anything of value, from participation in a venture, 

13 which has engaged in the providing or obtaining of labor 

14 or services by any of the means described in subsection 

15 (a), knowing or in reckless disregard of the fact that the 

16 venture has engaged in the providing or obtaining of labor 

17 or services by any of such means, shall be punished as 

18 provided in subsection (d). 

19 ‘‘(c) In this section: 

20 ‘‘(1) The term ‘abuse or threatened abuse of 

21 law or legal process’ means the use or threatened 

22 use of a law or legal process, whether civil or crimi23 nal, against another person primarily to accomplish 

24 a purpose for which the law was not designed, in 

25 order to exert pressure on another person to cause 


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1 that person to take some action or refrain from tak2 ing some action. 

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

4 whether physical or nonphysical, that is sufficiently 

5 serious, under all the surrounding circumstances, to 

6 compel a reasonable person of the same background 

7 and in the same circumstances to perform or to con8 tinue performing labor or services in order to avoid 

9 incurring that harm. 

10 ‘‘(d) Any person who violates this section shall be 

11 fined under this title, imprisoned not more than 20 years, 

12 or both. If death results from a violation of this section, 

13 or if the violation includes kidnapping, an attempt to kid14 nap, aggravated sexual abuse, or an attempt to kill, the 

15 defendant shall be fined under this title, imprisoned for 

16 any term of years, or both.’’. 

17 (e) BENEFITTING FROM FINANCIAL GAIN IN PEON18 AGE, SLAVERY, AND TRAFFICKING IN PERSONS.— 

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

20 United States Code, is amended— 

21 (A) by redesignating sections 1593, 1594, 

22 and 1595 as sections 1594, 1595, and 1596, re23 spectively; and 

24 (B) by inserting after section 1592 the fol25 lowing: 


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1 ‘‘§ 1593. Benefitting from financial gain in peonage, 

2 slavery, and trafficking in persons 

3 ‘‘Whoever knowingly benefits, financially or by receiv4 ing anything of value, from participation in a venture 

5 which has engaged in any act in violation of section 

6 1581(a), 1592, or 1595(a), knowing or in reckless dis7 regard of the fact that the venture has engaged in such 

8 violation, shall be fined under this title in the same man9 ner as a completed violation of such section.’’. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 sections at the beginning of such chapter is amended 

12 by striking the items relating to sections 1593, 

13 1594, and 1595, and inserting the following: 

‘‘Sec. 1593. Benefitting from financial gain in peonage, slavery, and trafficking 

in persons. 

‘‘Sec. 1594. Mandatory restitution. 

‘‘Sec. 1595. General provisions. 

‘‘Sec. 1596. Civil remedy.’’. 

14 (f) TIGHTENING IMMIGRATION PROHIBITIONS.— 

15 (1) GROUND OF INADMISSIBILITY FOR TRAF16 FICKING.—Section 212(a)(2)(H)(i) of the Immigra17 tion and Nationality Act (8 U.S.C. 

18 1182(a)(2)(H)(i)) is amended by striking ‘‘who is 

19 listed in a report submitted pursuant to section 

20 111(b) of the Trafficking Victims Protection Act of 

21 2000’’ and inserting ‘‘who commits or conspires to 

22 commit human trafficking offenses in the United 

23 States or outside the United States’’. 


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1 (2) GROUND OF REMOVABILITY.—Section 

2 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is 

3 amended by adding at the end the following: 

4 ‘‘(F) TRAFFICKING.—Any alien described 

5 in section 212(a)(2)(H) is deportable.’’. 

6 (g) SEX TOURISM.—Chapter 117 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 2429. Sex tourism 

10 ‘‘Whoever, for the purpose of commercial advantage 

11 or private financial gain, arranges, induces, or procures 

12 the travel of a person in foreign commerce for the purpose 

13 of engaging in any commercial sex act for which any per14 son can be charged with an offense in the jurisdiction in 

15 which the commercial sex act occurs, or attempts such 

16 conduct, shall be fined under this title, imprisoned not 

17 more than 10 years, or both.’’. 

18 SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OF19 FENSES. 

20 (a) IN GENERAL.—Chapter 77 of title 18, United 

21 States Code, is amended by adding at the end the fol22 lowing: 


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1 ‘‘§ 1596. Additional jurisdiction in certain trafficking 

2 offenses 

3 ‘‘(a) IN GENERAL.—In addition to any domestic or 

4 extra-territorial jurisdiction otherwise provided by law, the 

5 courts of the United States have extra-territorial jurisdic6 tion over any offense (or any attempt or conspiracy to 

7 commit an offense) under section 1581, 1583, 1584, 1589, 

8 1590, or 2429 if— 

9 ‘‘(1) an alleged offender is a national of the 

10 United States or an alien lawfully admitted for per11 manent residence (as those terms are defined in sec12 tion 101 of the Immigration and Nationality Act (8 

13 U.S.C. 1101)); or 

14 ‘‘(2) an alleged offender is present in the 

15 United States, irrespective of the nationality of the 

16 alleged offender. 

17 ‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES

18 PROSECUTED IN OTHER COUNTRIES.—No prosecution 

19 may be commenced against a person under this section 

20 if a foreign government, in accordance with jurisdiction 

21 recognized by the United States, has prosecuted or is pros22 ecuting such person for the conduct constituting such of23 fense, except upon the approval of the Attorney General 

24 or the Deputy Attorney General (or a person acting in 

25 either such capacity), which function of approval may not 

26 be delegated.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 77 of title 18, United States 

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

4 item: 

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

5 SEC. 224. SEX TOURISM AND REMOVAL OF SEX OFFENDERS. 

6 (a) IN GENERAL.—The Attorney General shall no7 tify— 

8 (1) the Secretary of State in a timely manner re9 garding any conviction of an individual of a viola10 tion of section 2423 of title 18, United States Code, 

11 for appropriate action under subsection (b); and 

12 (2) the Secretary of Homeland Security in a 

13 timely manner regarding any conviction of an alien 

14 of a sex offense for appropriate action under sub15 section (c). 

16 (b) AUTHORITY TO RESTRICT PASSPORT.— 

17 (1) INELIGIBILITY FOR PASSPORT.— 

18 (A) IN GENERAL.—The Secretary of State 

19 shall not issue a passport to an individual who 

20 is convicted of a Federal sex offense during the 

21 covered period if the individual used a passport 

22 or otherwise crossed an international border in 

23 committing the Federal sex offense. 

24 (B) PASSPORT REVOCATION.—The Secretary 

25 of State shall revoke a passport issued to an inVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\S3061.RS S3061

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1 dividual described in subparagraph (A) before 

2 the date on which the individual was convicted 

3 of the applicable Federal sex offense. 

4 (2) EMERGENCY AND HUMANITARIAN EXCEP5 TIONS.—Notwithstanding paragraph (1), the Sec6 retary of State may issue a passport, in emergency 

7 circumstances or for humanitarian reasons, to an in8 dividual described in paragraph (1)(A). 

9 (3) DEFINITIONS.—In this subsection— 

10 (A) the term ‘‘covered period’’ means the pe11 riod beginning on the date on which an indi12 vidual is convicted of a Federal sex offense and 

13 ending on the latter of— 

14 (i) the date on which the individual is 

15 released from a sentence of imprisonment 

16 relating to the Federal sex offense; and 

17 (ii) the end of a period of parole or 

18 other supervised release of the covered indi19 vidual relating to the Federal sex offense; 

20 (B) the term ‘‘Federal sex offense’’ means a 

21 felony violation of section 2423 of title 18, 

22 United States Code; and 

23 (C) the term ‘‘imprisoned’’ means being 

24 confined in or otherwise restricted to a jail, pris25 on, half-way house, treatment facility, or another 


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1 institution, on a full or part-time basis, pursu2 ant to the sentence imposed as the result of a 

3 criminal conviction. 

4 (c) REMOVAL OF ALIENS.—The Secretary of Homeland 

5 Security shall place an alien convicted of a sex offense in 

6 removal proceedings under section 240 of the Immigration 

7 and Nationality Act (8 U.S.C. 1229a). 

8 (d) GROUNDS OF INADMISSIBILITY AND REMOV9 ABILITY.— 

10 (1) IN GENERAL.—Section 212(a)(2) of the Im11 migration and Nationality Act (8 U.S.C. 1182(a)(2)) 

12 is amended by adding at the end the following: 

13 ‘‘(J) SEXUAL ABUSE OF A MINOR.— 

14 ‘‘(i) IN GENERAL.—An alien who is 

15 convicted of sexual abuse of a minor is in16 admissible. 

17 ‘‘(ii) SEX OFFENSES.—For purposes of 

18 this subparagraph, an alien who has been 

19 convicted of a sex offense (as that term is 

20 defined in section 111 of the Adam Walsh 

21 Child Protection and Safety Act of 2006 (42 

22 U.S.C. 16911)) shall be considered to have 

23 been convicted of sexual abuse of a minor. 

24 An alien convicted of a sex offense shall be 


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1 ineligible for any discretionary relief under 

2 this Act.’’. 

3 (2) DEPORTABLE ALIENS.—Section 

4 237(a)(2)(A)(iii) of the Immigration and Nationality 

5 Act (8 U.S.C. 1227(a)(2)(A)(iii)) is amended by add6 ing at the end the following ‘‘For purposes of this 

7 clause, an alien who has been convicted of a sex of8 fense (as that term is defined in section 111 of the 

9 Adam Walsh Child Protection and Safety Act of 2006 

10 (42 U.S.C. 16911)) shall be considered to have been 

11 convicted of sexual abuse of a minor.’’. 

12 (e) DEFINITION OF SEX OFFENSE.—In this section, the 

13 term ‘‘sex offense’’ has the meaning given that term in sec14 tion 111 of the Adam Walsh Child Protection and Safety 

15 Act of 2006 (42 U.S.C. 16911). 

16 Subtitle D—Activities of the United 

17 States Government 

18 SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 

19 Section 105(d)(7) of the Trafficking Victims Protec20 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 

21 (1) in subparagraph (A)— 

22 (A) by striking ‘‘section 107(b)’’ and in23 serting ‘‘subsections (b) and (f) of section 107’’; 

24 and 


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

2 after ‘‘the Secretary of Labor,’’; 

3 (2) in subparagraph (G), by striking ‘‘and’’ at 

4 the end; 

5 (3) by redesignating subparagraph (H) as sub6 paragraph (J); and 

7 (4) by inserting after subparagraph (G) the fol8 lowing: 

9 ‘‘(H) activities by the Department of De10 fense to combat trafficking in persons, includ11 ing— 

12 ‘‘(i) educational efforts for, and dis13 ciplinary actions taken against, members 

14 of the United States Armed Forces; 

15 ‘‘(ii) the development of materials 

16 used to train the armed forces of foreign 

17 countries; and 

18 ‘‘(iii) efforts to ensure that United 

19 States Government contractors and their 

20 employees or United States Government 

21 subcontractors and their employees do not 

22 engage in trafficking in persons; 

23 ‘‘(I) activities or actions by Federal depart24 ments and agencies to enforce— 


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1 ‘‘(i) section 106(g) and any similar 

2 law, regulation, or policy relating to United 

3 States Government contractors and their 

4 employees or United States Government 

5 subcontractors and their employees that 

6 engage in severe forms of trafficking in 

7 persons, the procurement of commercial 

8 sex acts, or the use of forced labor, includ9 ing debt bondage; 

10 ‘‘(ii) section 307 of the Tariff Act of 

11 1930 (19 U.S.C. 1307; relating to prohibi12 tion on importation of convict-made 

13 goods), including any determinations by 

14 the Secretary of Homeland Security to 

15 waive the restrictions of such section; and 

16 ‘‘(iii) prohibitions on the procurement 

17 by the United States Government of items 

18 or services produced by slave labor, con19 sistent with Executive Order 13107 (De20 cember 10, 1998); and’’. 

21 SEC. 232. DEFENSE CONTRACT AUDIT AGENCY AUDIT. 

22 (a) AUDIT.—The Defense Contract Audit Agency 

23 shall conduct an audit of all contractors and subcontrac24 tors of the Department of Defense implementing contracts 


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1 abroad where there is substantial evidence to suggest traf2 ficking in persons, including— 

3 (1) confiscation of passports; 

4 (2) restriction on mobility; 

5 (3) abrupt or evasive repatriation, 

6 (4) deception of work destination; or 

7 (5) forced labor. 

8 (b) CONGRESSIONAL NOTIFICATION.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the completion of each audit under subsection (a), 

11 the Secretary of Defense shall— 

12 (A) notify the congressional committees 

13 listed in paragraph (2) of the findings of the 

14 audit; and 

15 (B) certify that the contractor or subcon16 tractor has not engaged in, or is no longer en17 gaged in, the activities described in subsection 

18 (a). 

19 (2) CONGRESSIONAL COMMITTEES.—The com20 mittees list in this paragraph are— 

21 (A) the Committee on Armed Services of 

22 the Senate; 

23 (B) the Committee on Foreign Relations of 

24 the Senate; 


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1 (C) the Committee on Armed Services of 

2 the House of Representatives; and 

3 (D) the Committee on Foreign Affairs of 

4 the House of Representatives. 

5 SEC. 233. SENIOR POLICY OPERATING GROUP. 

6 Section 206 of the Trafficking Victims Protection Re7 authorization Act of 2005 (42 U.S.C. 14044d) is amended 

8 by striking ‘‘, as the department or agency determines ap9 propriate,’’. 

10 SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAF11 FICKERS. 

12 Section 212(a)(2)(H)(i) of the Immigration and Na13 tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by 

14 striking ‘‘consular officer’’ and inserting ‘‘consular officer, 

15 the Secretary of Homeland Security, the Secretary of 

16 State,’’. 

17 SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAF18 FICKING OF CHILDREN. 

19 (a) COMBATING CHILD TRAFFICKING AT THE BOR20 DER AND PORTS OF ENTRY OF THE UNITED STATES.— 

21 (1) POLICIES AND PROCEDURES.—In order to 

22 enhance the efforts of the United States to prevent 

23 trafficking in persons, the Secretary of Homeland 

24 Security, in conjunction with the Secretary of State, 

25 the Attorney General, and the Secretary of Health 


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1 and Human Services, shall develop policies and pro2 cedures to ensure that unaccompanied alien children 

3 in the United States are safely repatriated to their 

4 country of nationality or of last habitual residence. 

5 (2) SPECIAL RULES FOR CHILDREN FROM CON6 TIGUOUS COUNTRIES.— 

7 (A) DETERMINATIONS.—Any unaccom8 panied alien child who is a national or habitual 

9 resident of a country that is contiguous with 

10 the United States shall be treated in accordance 

11 with subparagraph (B), if the Secretary of 

12 Homeland Security determines, on a case-by13 case basis, that— 

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

15 a severe form of trafficking in persons, and 

16 there is no credible evidence that such 

17 child is at risk of being trafficked upon re18 turn to the child’s country of nationality or 

19 of last habitual residence; 

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

21 returning to the child’s country of nation22 ality or of last habitual residence owing to 

23 a credible fear of persecution; 

24 (iii) there is no credible evidence that 

25 the return of such child to the child’s 


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1 country of nationality or of last habitual 

2 residence would endanger the life or safety 

3 of such child; and 

4 (iv) the child is able to make an inde5 pendent decision to withdraw the child’s 

6 application for admission to the United 

7 States. 

8 (B) RETURN.—An immigration officer who 

9 finds an unaccompanied alien child described in 

10 subparagraph (A) at a land border or port of 

11 entry of the United States and determines that 

12 such child is inadmissible under the Immigra13 tion and Nationality Act (8 U.S.C. 1101 et 

14 seq.) shall— 

15 (i) permit such child to withdraw the 

16 child’s application for admission pursuant 

17 to section 235(a)(4) of the Immigration 

18 and Nationality Act (8 U.S.C. 1225(a)(4)); 

19 and 

20 (ii) return such child to the child’s 

21 country of nationality or country of last 

22 habitual residence. 

23 (C) CONTIGUOUS COUNTRY AGREE24 MENTS.—The Secretary of State shall negotiate 

25 agreements between the United States and 


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1 countries contiguous to the United States with 

2 respect to the repatriation of children. Such 

3 agreements shall be designed to protect children 

4 from severe forms of trafficking in persons, and 

5 shall, at a minimum, provide that— 

6 (i) no child shall be returned to the 

7 child’s country of nationality or of last ha8 bitual residence unless returned to appro9 priate officials or employees of the accept10 ing country’s government; 

11 (ii) no child shall be returned to the 

12 child’s country of nationality or of last ha13 bitual residence outside of reasonable busi14 ness hours; and 

15 (iii) border personnel of the countries 

16 that are parties to such agreements are 

17 trained in the terms of such agreements. 

18 (3) RULE FOR OTHER CHILDREN.—The custody 

19 of unaccompanied alien children not described in 

20 paragraph (2)(A) who are apprehended at the bor21 der of the United States or at a United States port 

22 of entry shall be treated in accordance with sub23 section (c). 

24 (4) SCREENING.—Within 48 hours of the ap25 prehension of a child who is believed to be described 


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1 in paragraph (2)(A), but in any event prior to re2 turning such child to the child’s country of nation3 ality or of last habitual residence, the child shall be 

4 screened to determine whether the child meets the 

5 criteria listed in paragraph (2)(A). If the child does 

6 not meet such criteria, or if no determination can be 

7 made within 48 hours of apprehension, the child 

8 shall immediately be transferred to the Secretary of 

9 Health and Human Services and treated in accord10 ance with subsection (c). 

11 (5) ENSURING THE SAFE REPATRIATION OF

12 CHILDREN.— 

13 (A) REPATRIATION PILOT PROGRAM.—To 

14 protect children from trafficking and exploi15 tation, the Secretary of State shall create a 

16 pilot program, in conjunction with non-govern17 mental organizations and other national and 

18 international agencies and experts, to develop 

19 and implement best practices to ensure the safe 

20 and secure repatriation and reintegration of un21 accompanied alien children into their country of 

22 nationality or of last habitual residence, includ23 ing placement with their families or other spon24 soring agencies. 


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1 (B) ASSESSMENT OF COUNTRY CONDI2 TIONS.—The Secretary of Homeland Security 

3 shall consult the State Department’s Country 

4 Reports on Human Rights Practices and the 

5 Trafficking in Persons Report in assessing 

6 whether to repatriate an unaccompanied alien 

7 child to a particular country. Such assessment 

8 shall consider whether there is reasonable risk 

9 that repatriation of an unaccompanied alien 

10 child would threaten the life or safety of the 

11 child. 

12 (C) REPORT ON REPATRIATION OF UNAC13 COMPANIED ALIEN CHILDREN.—Not later than 

14 18 months after the date of the enactment of 

15 this Act, and annually thereafter, the Secretary 

16 of Homeland Security, in conjunction with the 

17 Secretary of State and Secretary of Health and 

18 Human Services, shall submit a report to the 

19 Committee on the Judiciary of the Senate and 

20 the Committee on the Judiciary of the House of 

21 Representatives on efforts to repatriate unac22 companied alien children. Such report shall in23 clude— 

24 (i) the number of unaccompanied 

25 alien children ordered removed and the 


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1 number of such children actually removed 

2 from the United States; 

3 (ii) a statement of the nationalities, 

4 ages, and gender of such children; 

5 (iii) a description of the policies and 

6 procedures used to effect the removal of 

7 such children from the United States and 

8 the steps taken to ensure that such chil9 dren were safely and humanely repatriated 

10 to their country of nationality or of last 

11 habitual residence, including a description 

12 of the repatriation pilot program created 

13 pursuant to subparagraph (A); 

14 (iv) a description of the type of immi15 gration relief sought and denied to such 

16 children; 

17 (v) any information gathered in as18 sessments of country and local conditions 

19 pursuant to paragraph (2); and 

20 (vi) statistical information and other 

21 data on unaccompanied alien children as 

22 provided for in section 462(b)(1)(J) of the 

23 Homeland Security Act of 2002 (6 U.S.C. 

24 279(b)(1)(J)). 


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1 (D) PLACEMENT IN REMOVAL PRO2 CEEDINGS.—Any unaccompanied alien child 

3 sought to be removed by the Department of 

4 Homeland Security, except for an unaccom5 panied alien child from a contiguous country 

6 subject to exceptions under subsection (a)(2), 

7 shall be placed in removal proceedings under 

8 section 240 of the Immigration and Nationality 

9 Act (8 U.S.C. 1229a) and shall be safely repa10 triated pursuant to 240B of such Act (8 U.S.C. 

11 1229c). 

12 (b) COMBATING CHILD TRAFFICKING AND EXPLOI13 TATION IN THE UNITED STATES.— 

14 (1) CARE AND CUSTODY OF UNACCOMPANIED

15 ALIEN CHILDREN.—Consistent with section 462 of 

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

17 and except as otherwise provided under subsection 

18 (a), the care and custody of all unaccompanied alien 

19 children, including responsibility for their detention, 

20 where appropriate, shall be the responsibility of the 

21 Secretary of Health and Human Services. 

22 (2) NOTIFICATION.—Each department or agen23 cy of the Federal Government shall notify the De24 partment of Health and Human services within 48 

25 hours upon— 


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1 (A) the apprehension or discovery of an 

2 unaccompanied alien child; or 

3 (B) any claim or suspicion that an alien in 

4 the custody of such department or agency is 

5 under 18 years of age. 

6 (3) TRANSFERS OF UNACCOMPANIED ALIEN

7 CHILDREN.—Except in the case of exceptional cir8 cumstances, any department or agency of the Fed9 eral Government that has an unaccompanied alien 

10 child in custody shall transfer the custody of such 

11 child to the Secretary of Health and Human Serv12 ices not later than 72 hours after determining that 

13 such child is an unaccompanied alien child. 

14 (4) AGE DETERMINATIONS.— 

15 (A) IN GENERAL.—The Secretary of 

16 Health and Human Services shall make an age 

17 determination for an alien described in para18 graph (2)(B) and take whatever other steps are 

19 necessary to determine whether such alien is el20 igible for treatment under this section or sec21 tion 462 of the Homeland Security Act of 2002 

22 (6 U.S.C. 279). 

23 (B) PROCEDURES.—The Secretary of 

24 Health and Human Services, in consultation 

25 with the Secretary of Homeland Security, shall 


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1 develop procedures to make a prompt deter2 mination of the age of an alien, which shall be 

3 used by the Secretary of Homeland Security 

4 and the Secretary of Health and Human Serv5 ices for children in their respective custody. At 

6 a minimum, these procedures shall permit the 

7 presentation of multiple forms of evidence, in8 cluding the non-exclusive use of radiographs, to 

9 determine the age of the unaccompanied alien. 

10 (c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

11 CHILDREN.— 

12 (1) POLICIES AND PROGRAMS.—The Secretary 

13 of Health and Human Services, Secretary of Home14 land Security, Attorney General, and Secretary of 

15 State shall establish policies and programs to ensure 

16 that unaccompanied alien children in the United 

17 States are protected from traffickers and other per18 sons seeking to victimize or otherwise engage such 

19 children in criminal, harmful, or exploitative activity, 

20 including policies and programs reflecting best prac21 tices in witness security programs. 

22 (2) SAFE AND SECURE PLACEMENTS.—Subject 

23 to section 462(b)(2) of the Homeland Security Act 

24 of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied 

25 alien child in the custody of the Secretary of Health 


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1 and Human Services shall be promptly placed in the 

2 least restrictive setting that is in the best interest of 

3 the child. Placement of child trafficking victims may 

4 include placement in an Unaccompanied Refugee 

5 Minor program, pursuant to section 501(a) of the 

6 Refugee Education Assistance Act of 1980 (8 U.S.C. 

7 1522 note), if a suitable family member is not avail8 able to provide care. A child shall not be placed in 

9 a secure facility absent an independent finding that 

10 the child poses a danger to self or others. 

11 (3) SAFETY AND SUITABILITY ASSESSMENTS.— 

12 (A) IN GENERAL.—Subject to the require13 ments of subparagraph (B), an unaccompanied 

14 alien child may not be placed with a person or 

15 entity unless the Secretary of Health and 

16 Human Services makes a determination that 

17 the proposed custodian is capable of providing 

18 for the child’s physical and mental well-being. 

19 Such determination shall, at a minimum, in20 clude verification of the custodian’s identity and 

21 relationship to the child, if any, as well as an 

22 independent finding that the individual has not 

23 engaged in any activity that would indicate a 

24 potential risk to the child. 


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1 (B) HOME STUDIES.—Before placing the 

2 child with an individual, the Secretary of 

3 Health and Human Services shall determine 

4 whether a home study is first necessary. A 

5 home study shall be conducted for a child who 

6 is a victim of a severe form of trafficking in 

7 persons, a special needs child with a disability 

8 (as defined in section 3 of the Americans with 

9 Disabilities Act of 1990 (42 U.S.C. 12102(2))), 

10 or a child who has been a victim of physical or 

11 sexual abuse under circumstances that indicate 

12 that the child’s health or welfare has been sig13 nificantly harmed or threatened or a child 

14 whose proposed sponsor clearly presents a risk 

15 of abuse, maltreatment, exploitation, or traf16 ficking to the child based on all available objec17 tive evidence. The Secretary of Health and 

18 Human Services shall conduct follow-up serv19 ices, during the pendency of removal pro20 ceedings, on children and custodians for whom 

21 a home study was conducted and is authorized 

22 to conduct follow-up services in cases involving 

23 children with mental health or other needs who 

24 could benefit from ongoing assistance from a 

25 social welfare agency. 


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1 (C) ACCESS TO INFORMATION.—Not later 

2 than 2 weeks after receiving a request from the 

3 Secretary of Health and Human Services, the 

4 Secretary of Homeland Security shall provide 

5 information necessary to conduct suitability as6 sessments from appropriate Federal, State, and 

7 local law enforcement and immigration data8 bases. 

9 (4) LEGAL ORIENTATION PRESENTATIONS.— 

10 The Secretary of Health and Human Services shall 

11 cooperate with the Executive Office for Immigration 

12 Review to ensure that custodians receive legal ori13 entation presentations provided through the Legal 

14 Orientation Program administered by the Executive 

15 Office for Immigration Review. Such presentations 

16 shall address the custodian’s responsibility to ensure 

17 the child’s appearance at all immigration pro18 ceedings and to protect the child from mistreatment, 

19 exploitation, and trafficking. 

20 (5) ACCESS TO COUNSEL.—The Secretary of 

21 Health and Human Services shall ensure, to the 

22 greatest extent practicable, that all unaccompanied 

23 alien children who are or have been in the custody 

24 of the Secretary or the Secretary of Homeland Secu25 rity, and who are not described in subsection 


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1 (a)(2)(A), have competent counsel to represent them 

2 in legal proceedings or matters and protect them 

3 from mistreatment, exploitation, and trafficking. To 

4 the greatest extent practicable, the Secretary of 

5 Health and Human Services shall make every effort 

6 to utilize the services of competent pro bono counsel 

7 who agree to provide representation to such children 

8 without charge. Consistent with section 292 of the 

9 Immigration and Nationality Act (8 U.S.C. 1362), 

10 nothing in this Act may be construed to require the 

11 Government of the United States to pay for counsel 

12 to any unaccompanied alien child. 

13 (6) CHILD ADVOCATES.—The Secretary of 

14 Health and Human Services is authorized to appoint 

15 independent child advocates for child trafficking vic16 tims and other vulnerable unaccompanied alien chil17 dren. A child advocate shall be provided access to 

18 materials necessary to effectively advocate for the 

19 best interest of the child. The child advocate shall 

20 not be compelled to testify or provide evidence in 

21 any proceeding concerning any information or opin22 ion received from the child in the course of serving 

23 as a child advocate. The child advocate shall be pre24 sumed to be acting in good faith and be immune 


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1 from civil and criminal liability for lawful conduct of 

2 duties as described in this provision. 

3 (7) CONFIDENTIALITY.—The Secretary of 

4 Health and Human Services shall maintain the pri5 vacy and confidentiality of all information gathered 

6 in the course of the care, custody, and placement of 

7 unaccompanied alien children, consistent with its 

8 role and responsibilities under the Homeland Secu9 rity Act of 2002 to act as guardian in loco parentis 

10 in the best interest of the unaccompanied alien child, 

11 by not disclosing such information to other govern12 ment agencies or nonparental third parties. The Sec13 retary shall provide information to a duly recognized 

14 law enforcement entity in connection with a prosecu15 tion or investigation of an offense described in para16 graph (2) or (3) of section 212(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1182(a)), when 

18 such information is requested in writing by such en19 tity. 

20 (d) PERMANENT PROTECTION FOR CERTAIN AT21 RISK CHILDREN.— 

22 (1) IN GENERAL.—Section 101(a)(27)(J) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1101(a)(27)(J)) is amended— 


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1 (A) in clause (i), by striking ‘‘State and 

2 who has been deemed eligible by that court for 

3 long-term foster care due to abuse, neglect, or 

4 abandonment;’’ and inserting ‘‘State, or an in5 dividual or entity appointed by a State or juve6 nile court located in the United States, and 

7 whose reunification with 1 or both of the immi8 grant’s parents is not viable due to abuse, ne9 glect, abandonment, or a similar basis found 

10 under State law;’’; and 

11 (B) in clause (iii)— 

12 (i) in the matter preceding subclause 

13 (I), by striking ‘‘the Attorney General ex14 pressly consents to the dependency order 

15 serving as a precondition to the grant of 

16 special immigrant juvenile status;’’ and in17 serting ‘‘the Secretary of Homeland Secu18 rity consents to the grant of special immi19 grant juvenile status,’’; and 

20 (ii) in subclause (I), by striking ‘‘in 

21 the actual or constructive custody of the 

22 Attorney General unless the Attorney Gen23 eral specifically consents to such jurisdic24 tion;’’ and inserting ‘‘in the custody of the 

25 Secretary of Health and Human Services 


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1 unless the Secretary of Health and Human 

2 Services specifically consents to such juris3 diction;’’. 

4 (2) EXPEDITIOUS ADJUDICATION.—All applica5 tions for special immigrant status under section 

6 101(a)(27)(J) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated 

8 by the Secretary of Homeland Security not later 

9 than 180 days after the date on which the applica10 tion is filed. 

11 (3) ADJUSTMENT OF STATUS.—Section 

12 245(h)(2)(A) of the Immigration and Nationality 

13 Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 

14 follows: 

15 ‘‘(A) paragraphs (4), (5)(A), (6)(A), 

16 (6)(C), (6)(D), (7)(A), 9(B), and 9(C)(i)(I) of 

17 section 212(a) shall not apply; and’’. 

18 (4) ELIGIBILITY FOR ASSISTANCE.— 

19 (A) IN GENERAL.—A child who has been 

20 granted special immigrant status under section 

21 101(a)(27)(J) of the Immigration and Nation22 ality Act (8 U.S.C. 1101(a)(27)(J)) and who 

23 was either in the custody of the Secretary of 

24 Health and Human Services at the time a de25 pendency order was granted for such child or 


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1 who was receiving services pursuant to section 

2 501(a) of the Refugee Education Assistance Act 

3 of 1980 (8 U.S.C. 1522 note) at the time such 

4 dependency order was granted, shall be eligible 

5 for placement and services under section 412(d) 

6 of the Immigration and Nationality Act (8 

7 U.S.C. 1522(d)) until the earlier of— 

8 (i) the date on which the child reaches 

9 the age designated in section 412(d)(2)(B) 

10 of the Immigration and Nationality Act (8 

11 U.S.C. 1522(d)(2)(B)); or 

12 (ii) the date on which the child is 

13 placed in a permanent adoptive home. 

14 (B) STATE REIMBURSEMENT.—If State 

15 foster care funds are expended on behalf of a 

16 child who is not described in subparagraph (A) 

17 and has been granted special immigrant status 

18 under section 101(a)(27)(J) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 

20 the Federal Government shall reimburse the 

21 State in which the child resides for such ex22 penditures by the State. 

23 (5) STATE COURTS ACTING IN LOCO

24 PARENTIS.—A department or agency of a State, or 

25 an individual or entity appointed by a State court or 


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1 juvenile court located in the United States, acting in 

2 loco parentis, shall not be considered a legal guard3 ian for purposes of this section or section 462 of the 

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

5 (6) TRANSITION RULE.—Notwithstanding any 

6 other provision of law, an alien described in section 

7 101(a)(27)(J) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(27)(J)), as amended by para9 graph (1), may not be denied special immigrant sta10 tus under such section after the date of the enact11 ment of this Act based on age if the alien was a 

12 child on the date on which the alien applied for such 

13 status. 

14 (7) ACCESS TO ASYLUM PROTECTIONS.—Sec15 tion 208 of the Immigration and Nationality Act (8 

16 U.S.C. 1158) is amended— 

17 (A) in subsection (a)(2), by adding at the 

18 end the following: 

19 ‘‘(E) APPLICABILITY.—Subparagraphs (A) 

20 and (B) shall not apply to an unaccompanied 

21 alien child (as defined in section 462(g) of the 

22 Homeland Security Act of 2002 (6 U.S.C. 

23 279(g))).’’; and 

24 (B) in subsection (b)(3), by adding at the 

25 end the following: 


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1 ‘‘(C) INITIAL JURISDICTION.—An asylum 

2 officer (as defined in section 235(b)(1)(E)) 

3 shall have initial jurisdiction over any asylum 

4 application filed by an unaccompanied alien 

5 child (as defined in section 462(g) of the Home6 land Security Act of 2002 (6 U.S.C. 279(g))), 

7 regardless of whether filed in accordance with 

8 this section or section 235(b).’’. 

9 (8) SPECIALIZED NEEDS OF CHILDREN.—Appli10 cations for asylum and other forms of relief from re11 moval in which a child is the principal applicant 

12 shall be governed by regulations which take into ac13 count the specialized needs of children and which ad14 dress both procedural and substantive aspects of 

15 handling children’s cases. 

16 (e) TRAINING.—The Secretary of State, the Sec17 retary of Homeland Security, the Secretary of Health and 

18 Human Services, and the Attorney General shall provide 

19 specialized training to all Federal personnel, and upon re20 quest, state and local personnel, who come into contact 

21 with unaccompanied alien children. Such personnel shall 

22 be trained to work with unaccompanied alien children, in23 cluding identifying children who are a victim of a severe 

24 form of trafficking in persons, and children for whom asyVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 lum or special immigrant relief may be appropriate, in2 cluding children described in subsection (a)(2). 

3 (f) AMENDMENTS TO THE HOMELAND SECURITY

4 ACT OF 2002.— 

5 (1) ADDITIONAL RESPONSIBILITIES.—Section 

6 462(b)(1)(L) of the Homeland Security Act of 2002 

7 (6 U.S.C. 279(b)(1)(L)) is amended by striking the 

8 period at the end and inserting ‘‘, including regular 

9 follow-up visits to such facilities, placements, and 

10 other entities, to assess the continued suitability of 

11 such placements.’’. 

12 (2) TECHNICAL CORRECTIONS.—Section 462(b) 

13 of such Act (6 U.S.C. 279(b)) is further amended— 

14 (A) in paragraph (3), by striking ‘‘para15 graph (1)(G),’’ and inserting ‘‘paragraph (1),’’; 

16 and 

17 (B) by adding at the end the following: 

18 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

19 paragraph (2)(B) may be construed to require that 

20 a bond be posted for an unaccompanied alien child 

21 who is released to a qualified sponsor.’’. 

22 (g) DEFINITION OF UNACCOMPANIED ALIEN

23 CHILD.—For purposes of this section, the term ‘‘unaccom24 panied alien child’’ has the meaning given such term in 


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1 section 462(g) of the Homeland Security Act of 2002 (6 

2 U.S.C. 279(g)). 

3 (h) EFFECTIVE DATE.—This section shall— 

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

5 the date of the enactment of this Act; and 

6 (2) apply to all aliens in the United States, 

7 pending proceedings before the Executive Office for 

8 Immigration Review or related administrative or 

9 Federal appeals on or after the date of the enact10 ment of this Act. 

11 (i) GRANTS AND CONTRACTS.—The Secretary of 

12 Health and Human Services may award grants to, and 

13 enter into contracts with, voluntary agencies to carry out 

14 this section and section 462 of the Homeland Security Act 

15 of 2002 (6 U.S.C. 279). 

16 SEC. 236. TEMPORARY INCREASE IN FEE FOR CERTAIN 

17 CONSULAR SERVICES. 

18 (a) INCREASE IN FEE.—Notwithstanding any other 

19 provision of law, not later than October 1, 2008, the Sec20 retary of State shall increase by $2 the fee or surcharge 

21 assessed under section 140(a) of the Foreign Relations 

22 Authorization Act, Fiscal Years 1994 and 1995 (Public 

23 Law 103–236; 8 U.S.C. 1351 note) for processing ma24 chine-readable nonimmigrant visas and machine-readable 


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1 combined border crossing identification cards and non2 immigrant visas. 

3 (b) DEPOSIT OF AMOUNTS.—Notwithstanding sec4 tion 140(a)(2) of the Foreign Relations Authorization Act, 

5 Fiscal Years 1994 and 1995 (Public Law 103–236; 8 

6 U.S.C. 1351 note), the additional amount collected pursu7 ant the fee increase under subsection (a) shall be deposited 

8 in the Treasury. 

9 (c) DURATION OF INCREASE.—The fee increase au10 thorized under subsection (a) shall terminate on the date 

11 that is 2 years after the first date on which such increased 

12 fee is collected. 

13 TITLE III—AUTHORIZATIONS OF 

14 APPROPRIATIONS 

15 SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 

16 Section 113 of the Trafficking Victims Protection Act 

17 of 2000, as amended by section 213(a)(2), is amended— 

18 (1) in subsection (a)— 

19 (A) in the first sentence— 

20 (i) by striking ‘‘section 104, and’’; 

21 and 

22 (ii) by striking ‘‘$1,500,000’’ and all 

23 that follows through ‘‘$5,500,000 for each 

24 of the fiscal years 2006 and 2007’’ and inVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 serting ‘‘$5,500,000 for each of the fiscal 

2 years 2008 through 2011’’; and 

3 (B) in the second sentence— 

4 (i) by striking ‘‘for official reception 

5 and representation expenses $3,000’’ and 

6 inserting ‘‘$1,500,000 for additional per7 sonnel for each of the fiscal years 2008 

8 through 2011, and $3,000 for official re9 ception and representation expenses’’; and 

10 (ii) by striking ‘‘2006 and 2007’’ and 

11 inserting ‘‘2008 through 2011’’; 

12 (2) in subsection (b)(1), by striking 

13 ‘‘$5,000,000’’ and all that follows and inserting 

14 ‘‘$15,000,000 for each of the fiscal years 2008 

15 through 2011’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘2004, 2005, 2006, 

19 and 2007’’ each place it appears and in20 serting ‘‘2008 through 2011’’; and 

21 (ii) in subparagraph (B), by adding at 

22 the end the following: ‘‘To carry out the 

23 purposes of section 107(a)(1)(F), there are 

24 authorized to be appropriated to the Sec25 retary of State $500,000 for fiscal year 


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1 2008, $750,000 for fiscal year 2009, and 

2 $1,000,000 for each of the fiscal years 

3 2010 and 2011.’’; 

4 (B) by striking paragraph (2); 

5 (C) by redesignating paragraph (3) as 

6 paragraph (2); and 

7 (D) in paragraph (2), as redesignated— 

8 (i) by striking ‘‘section 104’’ and in9 serting ‘‘sections 116(f) and 502B(h) of 

10 the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2151n(f) and 2304(h))’’; and 

12 (ii) by striking ‘‘, including the prepa13 ration’’ and all that follows and inserting 

14 a period; 

15 (4) in subsection (d)— 

16 (A) in the first sentence, by striking 

17 ‘‘$10,000,000’’ and all that follows through 

18 ‘‘2007’’ and inserting ‘‘$15,000,000 for each of 

19 the fiscal years 2008 through 2011’’; and 

20 (B) in the second sentence, by striking 

21 ‘‘$250,000’’ and all that follows through 

22 ‘‘2007’’ and inserting ‘‘$500,000 for each of 

23 the fiscal years 2008 through 2011’’; 

24 (5) in subsection (e)— 


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1 (A) in paragraph (1), by striking 

2 ‘‘$5,000,000’’ and all that follows and inserting 

3 ‘‘$15,000,000 for each of the fiscal years 2008 

4 through 2011.’’; 

5 (B) in paragraph (2)— 

6 (i) by striking ‘‘section 109’’ and in7 serting ‘‘section 134 of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2152d)’’; and 

9 (ii) by striking ‘‘$5,000,000’’ and all 

10 that follows and inserting ‘‘$15,000,000 

11 for each of the fiscal years 2008 through 

12 2011.’’; and 

13 (C) in paragraph (3), by striking 

14 ‘‘$300,000’’ and all that follows and inserting 

15 ‘‘$3,000,000 for each of the fiscal years 2008 

16 through 2011.’’; 

17 (6) in subsection (f), by striking ‘‘$5,000,000’’ 

18 and all that follows and inserting ‘‘$15,000,000 for 

19 each of the fiscal years 2008 through 2011.’’; 

20 (7) in subsection (h), by striking ‘‘fiscal year 

21 2006’’ and inserting ‘‘each of the fiscal years 2008 

22 through 2011’’; and 

23 (8) in subsection (i), by striking ‘‘$18,000,000 

24 for each of the fiscal years 2006 and 2007’’ and inVerDate Aug 31 2005 23:53 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.RS S3061

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1 serting ‘‘$18,000,000 for each of the fiscal years 

2 2008 through 2011’’. 

3 SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR4 IZATION ACT OF 2005. 

5 The Trafficking Victims Protection Reauthorization 

6 Act of 2005 (Public Law 109–164) is amended— 

7 (1) in section 102(b)(7), by striking ‘‘2006 and 

8 2007’’ and inserting ‘‘2008 through 2011’’; 

9 (2) in section 201(c)— 

10 (A) in paragraph (1), by striking 

11 ‘‘$2,500,000 for each of the fiscal years 2006 

12 and 2007’’ each place it appears and inserting 

13 ‘‘$3,000,000 for each of the fiscal years 2008 

14 through 2011’’; and 

15 (B) in paragraph (2), by striking ‘‘2006 

16 and 2007’’ and inserting ‘‘2008 through 2011’’; 

17 (3) in section 202(d), by striking ‘‘$10,000,000 

18 for each of the fiscal years 2006 and 2007’’ and in19 serting ‘‘$15,000,000 for each of the fiscal years 

20 2008 through 2011’’; 

21 (4) in section 203(g), by striking ‘‘2006 and 

22 2007’’ and inserting ‘‘2008 through 2011’’; and 

23 (5) in section 204(d), by striking ‘‘2006 and 

24 2007’’ and inserting ‘‘2008 through 2011’’. 


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1 SEC. 303. RULE OF CONSTRUCTION. 

2 The amendments made by sections 301 and 302 may 

3 not be construed to affect the availability of funds appro4 priated pursuant to the authorizations of appropriations 

5 under the Trafficking Victims Protection Act of 2000 (di6 vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.) 

7 and the Trafficking Victims Protection Reauthorization 

8 Act of 2005 (Public Law 109–164) before the date of the 

9 enactment of this Act. 

10 SEC. 304. TECHNICAL AMENDMENTS. 

11 (a) TRAFFICKING VICTIMS PROTECTION ACT OF

12 2000.—Sections 103(1) and 105(d)(7) of the Trafficking 

13 Victims Protection Act of 2000 (22 U.S.C. 7102(1) and 

14 7103(d)(7)) are amended by striking ‘‘Committee on 

15 International Relations’’ each place it appears and insert16 ing ‘‘Committee on Foreign Affairs’’. 

17 (b) TRAFFICKING VICTIMS PROTECTION REAUTHOR18 IZATION ACT OF 2005.—Section 102(b)(6) and sub19 sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf20 ficking Victims Protection Reauthorization Act of 2005 

21 (Public Law 109–164) are amended by striking ‘‘Com22 mittee on International Relations’’ each place it appears 

23 and inserting ‘‘Committee on Foreign Affairs’’. 


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1 TITLE IV—CHILD SOLDIERS PRE2 VENTION AND ACCOUNT3 ABILITY 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Child Soldiers Preven6 tion and Accountability Act of 2008’’. 

7 SEC. 402. DEFINITIONS. 

8 In this title: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Foreign Relations of 

13 the Senate; 

14 (B) the Committee on Appropriations of 

15 the Senate; 

16 (C) the Committee on Foreign Affairs of 

17 the House of Representatives; and 

18 (D) the Committee on Appropriations of 

19 the House of Representatives. 

20 (2) CHILD SOLDIER.—Consistent with the pro21 visions of the Optional Protocol to the Convention of 

22 the Rights of the Child, the term ‘‘child soldier’’— 

23 (A) means— 


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1 (i) any person under 18 years of age 

2 who takes a direct part in hostilities as a 

3 member of governmental armed forces; 

4 (ii) any person under 18 years of age 

5 who has been compulsorily recruited into 

6 governmental armed forces; 

7 (iii) any person under 16 years of age 

8 who has been voluntarily recruited into 

9 governmental armed forces; or 

10 (iv) any person under 18 years of age 

11 who has been recruited or used in hos12 tilities by armed forces distinct from the 

13 armed forces of a state; and 

14 (B) includes any person described in 

15 clauses (ii), (iii), or (iv) of subparagraph (A) 

16 who is serving in any capacity, including in a 

17 support role such as a cook, porter, messenger, 

18 medic, guard, or sex slave. 

19 SEC. 403. PROHIBITION. 

20 (a) IN GENERAL.—Subject to subsections (c), (d), 

21 and (e), none of the funds appropriated or otherwise made 

22 available for international military education and training, 

23 foreign military financing, or the transfer of excess de24 fense articles under section 116 or 502B of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), 


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1 the Arms Export Control Act (22 U.S.C. 2751), the De2 partment of State, Foreign Operations, and Related Pro3 grams Appropriations Act, 2008 (division J of Public Law 

4 110–161) or under any other Act making appropriations 

5 for foreign operations, export financing, and related pro6 grams may be obligated or otherwise made available, and 

7 no licenses for direct commercial sales of military equip8 ment may be issued to the government of a country that 

9 is clearly identified, in the Department of State’s Country 

10 Report on Human Rights Practices for the most recent 

11 year preceding the fiscal year in which the appropriated 

12 funds, transfer, or license, would have been used or issued 

13 in the absence of a violation of this title, as having govern14 mental armed forces or government-supported armed 

15 groups, including paramilitaries, militias, or civil defense 

16 forces, that recruit and use child soldiers. 

17 (b) NOTIFICATION TO COUNTRIES IN VIOLATION OF

18 STANDARDS.—The Secretary of State shall formally notify 

19 any government identified pursuant to subsection (a). 

20 (c) NATIONAL INTEREST WAIVER.— 

21 (1) WAIVER.—The President may waive the ap22 plication to a country of the prohibition in sub23 section (a) if the President determines that such 

24 waiver is in the national interest of the United 

25 States. 


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1 (2) PUBLICATION AND NOTIFICATION.—Not 

2 later than 45 days after each waiver is granted 

3 under paragraph (1), the President shall publish 

4 such waiver in the Federal Register with the jus5 tification for granting such waiver. 

6 (d) REINSTATEMENT OF ASSISTANCE.—The Presi7 dent may provide to a country assistance otherwise prohib8 ited under subsection (a) upon certifying to the appro9 priate congressional committees that the government of 

10 such country— 

11 (1) has implemented measures that include an 

12 action plan and actual steps to come into compliance 

13 with the standards outlined in section 404(b); and 

14 (2) has implemented policies and mechanisms 

15 to prohibit and prevent future government or gov16 ernment-supported use of child soldiers and to en17 sure that no children are recruited, conscripted, or 

18 otherwise compelled to serve as child soldiers. 

19 (e) EXCEPTION FOR PROGRAMS DIRECTLY RELATED

20 TO ADDRESSING THE PROBLEM OF CHILD SOLDIERS OR

21 PROFESSIONALIZATION OF THE MILITARY.— 

22 (1) IN GENERAL.—The President may provide 

23 assistance to a country for international military 

24 education, training, and nonlethal supplies (as de25 fined in section 2557(d)(1)(B) of title 10, United 


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1 States Code) otherwise prohibited under subsection 

2 (a) upon certifying to the appropriate congressional 

3 committees that— 

4 (A) the government of such country is tak5 ing reasonable steps to implement effective 

6 measures to demobilize child soldiers in its 

7 forces or in government-supported paramilitar8 ies and is taking reasonable steps within the 

9 context of its national resources to provide de10 mobilization, rehabilitation, and reintegration 

11 assistance to those former child soldiers; and 

12 (B) the assistance provided by the United 

13 States Government to the government of such 

14 country will go to programs that will directly 

15 support professionalization of the military. 

16 (2) LIMITATION.—The exception under para17 graph (1) may not remain in effect for a country for 

18 more than 2 years. 

19 SEC. 404. REPORTS. 

20 (a) INVESTIGATION OF ALLEGATIONS REGARDING

21 CHILD SOLDIERS.—United States missions abroad shall 

22 thoroughly investigate reports of the use of child soldiers. 

23 (b) INFORMATION FOR ANNUAL HUMAN RIGHTS RE24 PORTS.—In preparing those portions of the annual 

25 Human Rights Report that relate to child soldiers under 


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1 sections 116 and 502B of the Foreign Assistance Act of 

2 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of 

3 State shall ensure that such reports include— 

4 (1) any determination that a government has 

5 violated the standards under this title; and 

6 (2) a description of the use of child soldiers in 

7 each foreign country, whether or not such use con8 stitutes a violation of such standards, including— 

9 (A) trends toward improvement in such 

10 country of the status of child soldiers or the 

11 continued or increased tolerance of such prac12 tices; and 

13 (B) the role of the government of such 

14 country in engaging in or tolerating the use of 

15 child soldiers. 

16 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

17 June 15 of each of the 10 years following the date of the 

18 enactment of this Act, the President shall submit a report 

19 to the appropriate congressional committees that con20 tains— 

21 (1) a list of the countries receiving notification 

22 that they are in violation of the standards under this 

23 title; 

24 (2) a list of any waivers or exceptions exercised 

25 under this title; 


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1 (3) justification for any such waivers and excep2 tions; and 

3 (4) a description of any assistance provided 

4 under this title pursuant to the issuance of such 

5 waiver. 

6 (d) IMPLEMENTATION REPORT.—Not later than 180 

7 days after the date of the enactment of this Act, the Sec8 retary of State and the Secretary of Defense shall jointly 

9 submit a report to the appropriate congressional commit10 tees that— 

11 (1) sets forth a strategy and a program to as12 sist governments that have expressed the political 

13 will to achieve the policy objectives described in this 

14 title; and 

15 (2) includes a description of an effective mecha16 nism for coordination of United States Government 

17 efforts to implement this strategy. 

18 SEC. 405. TRAINING FOR FOREIGN SERVICE OFFICERS. 

19 Section 708 of the Foreign Service Act of 1980 (22 

20 U.S.C. 4028) is amended by adding at the end the fol21 lowing: 

22 ‘‘(c) The Secretary of State, with the assistance of 

23 other relevant officials, shall establish as part of the stand24 ard training provided for chiefs of mission, deputy chiefs 

25 of mission, and other officers of the Service who are or 


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1 will be involved in the assessment of child soldier use or 

2 the drafting of the annual Human Rights Report, instruc3 tion on matters related to child soldiers, and the substance 

4 of the Child Soldiers Prevention and Accountability Act 

5 of 2008.’’. 

6 SEC. 406. ACCOUNTABILITY FOR THE RECRUITMENT AND 

7 USE OF CHILD SOLDIERS. 

8 (a) CRIME FOR RECRUITING OR USING CHILD SOL9 DIERS.— 

10 (1) IN GENERAL.—Chapter 118 of title 18, 

11 United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 2442. Recruitment or use of child soldiers 

14 ‘‘(a) OFFENSE.—Any person who knowingly recruits, 

15 enlists, or conscripts a person under 15 years of age into 

16 an armed force or group, or knowingly uses a person 

17 under 15 years of age to participate actively in hos18 tilities— 

19 ‘‘(1) shall be fined under this title, imprisoned 

20 not more than 20 years, or both; and 

21 ‘‘(2) if the death of any person results, shall be 

22 fined under this title and imprisoned for any term 

23 of years or for life. 

24 ‘‘(b) ATTEMPT AND CONSPIRACY.—Any person who 

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1 tion shall be punished in the same manner as a person 

2 who completes the offense. 

3 ‘‘(c) JURISDICTION.—There is jurisdiction over an of4 fense described in subsection (a), and any attempt or con5 spiracy to commit such offense, if— 

6 ‘‘(1) the alleged offender is a national of the 

7 United States (as defined in section 101(a)(22) of 

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

9 1101(a)(22))) or an alien lawfully admitted for per10 manent residence in the United States (as defined in 

11 section 101(a)(20) of such Act (8 U.S.C. 

12 1101(a)(20)); 

13 ‘‘(2) the alleged offender is a stateless person 

14 whose habitual residence is in the United States; 

15 ‘‘(3) the alleged offender is present in the 

16 United States, irrespective of the nationality of the 

17 alleged offender; or 

18 ‘‘(4) the offense occurs in whole or in part with19 in the United States. 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES.— 

22 The term ‘participate actively in hostilities’ means 

23 taking part in— 

24 ‘‘(A) combat or military activities related 

25 to combat, including scouting, spying, sabotage, 


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1 and serving as a decoy, a courier, or at a mili2 tary checkpoint; or 

3 ‘‘(B) direct support functions related to 

4 combat, including taking supplies to the front 

5 line and other services at the front line. 

6 ‘‘(2) ARMED FORCE OR GROUP.—The term 

7 ‘armed force or group’ means any army, militia, or 

8 other military organization, whether or not it is 

9 state-sponsored, excluding any group assembled sole10 ly for nonviolent political association.’’. 

11 (2) STATUTE OF LIMITATIONS.—Chapter 213 

12 of title 18, United States Code, is amended by add13 ing at the end the following: 

14 ‘‘§ 3300. Recruitment or use of child soldiers 

15 ‘‘No person may be prosecuted, tried, or punished for 

16 a violation of section 2442 unless the indictment or the 

17 information is filed not later than 10 years after the com18 mission of the offense.’’. 

19 (3) CLERICAL AMENDMENTS.—Title 18, United 

20 States Code, is amended— 

21 (A) in the table of sections for chapter 

22 118, by adding at the end the following: 

‘‘Sec. 2442. Recruitment or use of child soldiers.’’; 

23 and 


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120 

•S 3061 RS

1 (B) in the table of sections for chapter 

2 213, by adding at the end the following: 

‘‘Sec. 3300. Recruitment or use of child soldiers.’’. 

3 (b) GROUND OF INADMISSIBILITY FOR RECRUITING

4 OR USING CHILD SOLDIERS.—Section 212(a)(3) of the 

5 Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) 

6 is amended by adding at the end the following: 

7 ‘‘(G) RECRUITMENT OR USE OF CHILD

8 SOLDIERS.—Any alien who has engaged in the 

9 recruitment or use of child soldiers in violation 

10 of section 2442 of title 18, United States Code, 

11 is inadmissible.’’. 

12 (c) GROUND OF REMOVABILITY FOR RECRUITING OR

13 USING CHILD SOLDIERS.—Section 237(a)(4) of the Immi14 gration and Nationality Act (8 U.S.C. 1227(a)(4)) is 

15 amended by adding at the end the following: 

16 ‘‘(F) RECRUITMENT OR USE OF CHILD

17 SOLDIERS.—Any alien who has engaged in the 

18 recruitment or use of child soldiers in violation 

19 of section 2442 of title 18, United States Code, 

20 is deportable.’’. 

21 (d) ASYLUM AND WITHHOLDING OF REMOVAL.—Not 

22 later than 60 days after the date of the enactment of this 

23 Act, the Attorney General shall promulgate final regula24 tions establishing that, for purposes of sections 

25 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) of the Immigration 


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•S 3061 RS

1 and Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii) and 

2 1231(b)(3)(B)(iii)), an alien who is inadmissible under 

3 section 212(a)(3)(G) of such Act or removable under sec4 tion 237(a)(4)(F) of such Act shall be considered an alien 

5 with respect to whom there are serious reasons to believe 

6 that the alien committed a serious nonpolitical crime. 

7 SEC. 407. EFFECTIVE DATE; APPLICABILITY. 

8 This title, and the amendments made by this title, 

9 shall take effect 180 days after the date of the enactment 

10 of this Act and shall apply to funds obligated after such 

11 effective date. 


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Calendar No. 946 

110TH CONGRESS 

2D SESSION S. 3061 

A BILL 

To authorize appropriations for fiscal years 2008 

trafficking in persons, and for other purposes. tion Act of 2000, to enhance measures to combat through 2011 for the Trafficking Victims ProtecSEPTEMBER 8, 2008 

Reported with amendments 


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