II 

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 and Mr. BROWNBACK) introduced the following bill; 

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

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘William Wilberforce Trafficking Victims Protection Re6 authorization Act of 2008’’. 

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

8 this Act is as follows: 


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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. 

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. 


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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: 

14 ‘‘(e) OFFICE TO MONITOR AND COMBAT TRAF15 FICKING.— 

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

17 shall establish within the Department of State an 

18 Office to Monitor and Combat Trafficking. The Of19 fice shall be headed by a Director, with the rank of 

20 Ambassador at Large, who shall be appointed by the 


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

2 Senate. 

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

4 have the following responsibilities: 

5 ‘‘(A) The Director shall have primary re6 sponsibility for assisting the Secretary of State 

7 in carrying out the purposes of this division, 

8 shall provide assistance to the Task Force, and 

9 may have additional responsibilities as deter10 mined by the Secretary of State. 

11 ‘‘(B) The Director shall consult with non12 governmental organizations and multilateral or13 ganizations, and with trafficking victims or 

14 other affected persons. The Director may collect 

15 evidence in public hearings or by other means 

16 if such collection does not disrupt an ongoing 

17 criminal investigation. 

18 ‘‘(C) The Director, in coordination and co19 operation with other officials at the Department 

20 of State involved in corporate responsibility, the 

21 Deputy Under Secretary for International Af22 fairs of the Department of Labor, and other 

23 relevant officials of the United States Govern24 ment, shall promote, build, and sustain partner25 ships between the United States Government 


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1 and private entities (including foundations, uni2 versities, corporations, community-based organi3 zations, and other nongovernmental organiza4 tions) to ensure that— 

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

6 any item, product, or material produced or 

7 extracted with the use of labor from vic8 tims of severe forms of trafficking; and 

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

10 trafficking in persons involving sexual ex11 ploitation. 

12 ‘‘(3) COORDINATION.—Any trafficking in per13 sons programs of the Department of State or the 

14 United States Agency for International Development 

15 that are not centrally controlled by the Director of 

16 the Office to Monitor and Combat Trafficking shall 

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

18 SEC. 103. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN 

19 OTHER COUNTRIES. 

20 Section 107(a) of Trafficking Victims Protection Act 

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

22 (1) in paragraph (1)— 

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

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

25 shall be carried out in a manner which takes 


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1 into account the cross-border, regional, and 

2 transnational aspects of trafficking in persons’’; 

3 and 

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

5 ‘‘(F) In cooperation and coordination with 

6 relevant organizations, such as the United Na7 tions High Commissioner for Refugees, the 

8 International Organization for Migration, and 

9 private nongovernmental organizations that 

10 contract with, and receive grants from, the 

11 United States Government to assist refugees 

12 and internally displaced persons, support for— 

13 ‘‘(i) increased protections for refugees 

14 and internally displaced persons, including 

15 outreach and education efforts to prevent 

16 such refugees and internally displaced per17 sons from being exploited by traffickers; 

18 and 

19 ‘‘(ii) performance of best interest de20 terminations for unaccompanied and sepa21 rated children who come to the attention of 

22 the United Nations High Commissioner for 

23 Refugees, its partner organizations, or any 

24 organization that contracts with the De25 partment of State in order to identify child 


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1 trafficking victims and to assist their safe 

2 integration, reintegration, and resettle3 ment.’’; and 

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

5 following: ‘‘In carrying out this paragraph, the Sec6 retary and the Administrator shall take all appro7 priate steps to ensure that cooperative efforts among 

8 foreign countries are undertaken on a regional 

9 basis.’’. 

10 SEC. 104. INCREASING EFFECTIVENESS OF ANTI-TRAF11 FICKING PROGRAMS. 

12 The Trafficking Victims Protection Act of 2000 (22 

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

14 107 the following: 

15 ‘‘SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAF16 FICKING PROGRAMS. 

17 ‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREE18 MENTS, AND CONTRACTS.—In administering funds made 

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

20 abroad— 

21 ‘‘(1) solicitations of grants, cooperative agree22 ments, and contracts for such programs shall be 

23 made publicly available; 


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1 ‘‘(2) grants, cooperative agreements, and con2 tracts shall be subject to full and open competition, 

3 in accordance with applicable laws; 

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

5 that is composed of Federal experts and nongovern6 mental experts, as appropriate; and 

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

8 process for such grants, cooperative agreements, and 

9 contracts shall not be subject to ad hoc or intermit10 tent review or influence by individuals or organiza11 tions outside the United States Government except 

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

13 ‘‘(b) ELIGIBILITY.— 

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

15 grant, contract, or cooperative agreement under this 

16 Act shall certify that persons or entities providing 

17 legal services, social services, health services, or 

18 other assistance have completed, or will complete, 

19 training in connection with severe forms of traf20 ficking in persons. 

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

22 should indicate collaboration with nongovernmental 

23 organizations, including organizations with expertise 

24 in severe forms of trafficking and forced labor. 


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1 ‘‘(c) EVALUATION OF ANTI-TRAFFICKING PRO2 GRAMS.— 

3 ‘‘(1) IN GENERAL.—The President shall estab4 lish a system to evaluate the effectiveness and effi5 ciency of the assistance provided under anti-traf6 ficking programs established under this Act on a 

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

8 long-term sustainable development impact of such 

9 assistance. 

10 ‘‘(2) REQUIREMENTS.—In carrying out para11 graph (1), the President shall— 

12 ‘‘(A) establish performance goals for the 

13 assistance described in paragraph (1), ex14 pressed in an objective and quantifiable form, 

15 to the extent practicable; 

16 ‘‘(B) ensure that performance indicators 

17 are used for programs authorized under this 

18 Act to measure and assess the achievement of 

19 the performance goals described in subpara20 graph (A); 

21 ‘‘(C) provide a basis for recommendations 

22 for adjustments to the assistance described in 

23 paragraph (1) to enhance the impact of such 

24 assistance; and 


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

2 practicable, are conducted by subject matter ex3 perts in and outside the United States Govern4 ment. 

5 ‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PRO6 GRAMS.—The Director of the Office to Monitor and Com7 bat Trafficking shall provide assistance to foreign coun8 tries and nongovernmental organizations receiving assist9 ance under this division based on the priorities and coun10 try assessments contained in the most recent report sub11 mitted by the Secretary of State to Congress pursuant to 

12 section 110(b) of the William Wilberforce Trafficking Vic13 tims Protection Reauthorization Act of 2008. 

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

15 President shall ensure that the design, monitoring, and 

16 evaluation of United States assistance programs for emer17 gency relief, development, and poverty alleviation under 

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

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

20 and other similar United States assistance programs are 

21 consistent with United States policies and other United 

22 States programs relating to combating trafficking in per23 sons. 

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

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


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1 5 percent of the amounts made available to carry out this 

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

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

4 programs and projects funded by the disbursing 

5 agency pursuant to this Act; and 

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

7 trends.’’. 

8 SEC. 105. MINIMUM STANDARDS FOR THE ELIMINATION OF 

9 TRAFFICKING. 

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

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

12 amended— 

13 (1) in paragraph (1)— 

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

15 the end before the period the following: ‘‘, in16 cluding in all appropriate cases requiring incar17 ceration of individuals convicted of such acts’’; 

18 and 

19 (B) by inserting after the first sentence 

20 the following new sentence: ‘‘For purposes of 

21 the preceding sentence, suspended or signifi22 cantly-reduced sentences for convictions of prin23 cipal actors in cases of severe forms of traf24 ficking in persons shall be considered, on a 

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


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1 indicator of serious and sustained efforts to 

2 eliminate severe forms of trafficking in per3 sons.’’; and 

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

5 before the period the following: ‘‘, including by pro6 viding training to law enforcement and immigration 

7 officials in the identification and treatment of traf8 ficking victims using approaches that focus on the 

9 needs of the victims’’. 

10 SEC. 106. ACTIONS AGAINST GOVERNMENTS FAILING TO 

11 MEET MINIMUM STANDARDS. 

12 (a) COUNTRIES ON SPECIAL WATCH LIST RELATING

13 TO TRAFFICKING IN PERSONS FOR 3 CONSECUTIVE

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

15 Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amend16 ed by adding at the end the following: 

17 ‘‘(D) COUNTRIES ON SPECIAL WATCH LIST

18 FOR 3 CONSECUTIVE YEARS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided under clause (ii), a country that is 

21 included on the special watch list described 

22 in subparagraph (A) for 3 consecutive 

23 years after the date of the enactment of 

24 this subparagraph, shall be included on the 


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1 list of countries described in paragraph 

2 (1)(C). 

3 ‘‘(ii) EXERCISE OF WAIVER AUTHOR4 ITY.—The President may waive the appli5 cation of clause (i) for up to 1 year if the 

6 President determines and certifies to the 

7 Committee on Foreign Relations of the 

8 Senate and the Committee on Foreign Af9 fairs of the House of Representatives that 

10 such a waiver would promote the purposes 

11 of this Act or is otherwise in the national 

12 interest of the United States.’’. 

13 (b) CLARIFICATION OF MEASURES AGAINST CERTAIN

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

15 Act is amended by inserting ‘‘such assistance to the gov16 ernment of the country for the subsequent fiscal year and 

17 will not provide’’ after ‘‘will not provide’’. 

18 (c) TRANSLATION OF TRAFFICKING IN PERSONS RE19 PORT.—The Secretary of State shall— 

20 (1) timely translate the annual report submitted 

21 under section 110(b) of the Trafficking Victims Pro22 tection Act of 2000 (22 U.S.C. 7107(b)) into the 

23 principal languages of as many countries as possible, 

24 with particular emphasis on the languages of the 


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1 countries on the lists described in subparagraphs 

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

3 (2) ensure that such translations are made 

4 available to the public, including through postings on 

5 the Internet website of the Department of State and 

6 other appropriate websites. 

7 SEC. 107. RESEARCH ON DOMESTIC AND INTERNATIONAL 

8 TRAFFICKING IN PERSONS. 

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

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

11 7109a) is amended— 

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

13 (5) to read as follows: 

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

15 number of victims of trafficking on a national, re16 gional, and international basis, which shall include, 

17 not later than 2 years after the date of the enact18 ment of the William Wilberforce Trafficking Victims 

19 Protection Reauthorization Act of 2008, the estab20 lishment and maintenance of an integrated database 

21 within the Human Smuggling and Trafficking Cen22 ter.’’; and 

23 (2) by amending subsection (b) to read as fol24 lows: 


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1 ‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAF2 FICKING CENTER.— 

3 ‘‘(1) IN GENERAL.—The research initiatives de4 scribed in paragraphs (4) and (5) of subsection (a) 

5 shall be carried out by the Human Trafficking and 

6 Smuggling Center, established under section 7202 of 

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

8 U.S.C. 1777). 

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

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

11 all applicable data collected by each Federal depart12 ment and agency represented on the Interagency 

13 Task Force to Monitor and Combat Trafficking, 

14 consistent with the protection of sources and meth15 ods, and, to the maximum extent practicable, appli16 cable data from relevant international organizations, 

17 to— 

18 ‘‘(A) improve the coordination of the col19 lection of data related to trafficking in persons 

20 by each agency of the United States Govern21 ment that collects such data; 

22 ‘‘(B) promote uniformity of such data col23 lection and standards and systems related to 

24 such collection; 


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

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

3 conditions to develop and analyze global trends 

4 in human trafficking; 

5 ‘‘(D) identify emerging issues in human 

6 trafficking and establishing integrated methods 

7 to combat them; and 

8 ‘‘(E) identify research priorities to respond 

9 to global patterns and emerging issues. 

10 ‘‘(3) CONSULTATION.—The database estab11 lished in accordance with paragraph (2) shall be 

12 maintained in consultation with the Director of the 

13 Office to Monitor and Combat Trafficking in Per14 sons of the Department of State. 

15 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 to the Human Trafficking and Smuggling Center for 

18 each of the fiscal years 2008 through 2011 to carry 

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

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

21 U.S.C. 7107(b)(1)) is amended— 

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

23 the end; 

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

25 at the end and inserting a semicolon; and 


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

2 ‘‘(E) reporting and analysis on the emer3 gence or shifting of global patterns in human 

4 trafficking, including data on the number of 

5 victims trafficked to, through, or from major 

6 source and destination countries, disaggregated 

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

8 ‘‘(F) emerging issues in human traf9 ficking.’’. 

10 SEC. 108. PRESIDENTIAL AWARD FOR EXTRAORDINARY EF11 FORTS TO COMBAT TRAFFICKING IN PER12 SONS. 

13 The Trafficking Victims Protection Act of 2000 (22 

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

15 112A the following: 

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

17 EFFORTS TO COMBAT TRAFFICKING IN PER18 SONS. 

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

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

21 D. Wellstone Presidential Award for Extraordinary Ef22 forts To Combat Trafficking in Persons’, for extraor23 dinary efforts to combat trafficking in persons. To the 

24 maximum extent practicable, the Secretary of State shall 


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1 present the award annually to not more than 5 individuals 

2 or organizations, including— 

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

4 or foreign nationals; and 

5 ‘‘(2) United States or foreign nongovernmental 

6 organizations. 

7 ‘‘(b) SELECTION.—The President shall establish pro8 cedures for selecting recipients of the award authorized 

9 under subsection (a). 

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

11 an annual ceremony for recipients of the award authorized 

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

13 on which the Secretary submits to Congress the report re14 quired under section 110(b)(1). The Secretary of State 

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

16 of each recipient who attends the ceremony. 

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

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

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

20 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 01:38 May 30, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.IS 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 01:38 May 30, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.IS 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 01:38 May 30, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.IS 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 Subtitle D—Activities of the United 

6 States Government 

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

8 Section 105(d)(7) of the Trafficking Victims Protec9 tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 

10 (1) in subparagraph (A)— 

11 (A) by striking ‘‘section 107(b)’’ and in12 serting ‘‘subsections (b) and (f) of section 107’’; 

13 and 

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

15 after ‘‘the Secretary of Labor,’’; 

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

17 the end; 

18 (3) by redesignating subparagraph (H) as sub19 paragraph (J); and 

20 (4) by inserting after subparagraph (G) the fol21 lowing: 

22 ‘‘(H) activities by the Department of De23 fense to combat trafficking in persons, includ24 ing— 


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1 ‘‘(i) educational efforts for, and dis2 ciplinary actions taken against, members 

3 of the United States Armed Forces; 

4 ‘‘(ii) the development of materials 

5 used to train the armed forces of foreign 

6 countries; and 

7 ‘‘(iii) efforts to ensure that United 

8 States Government contractors and their 

9 employees or United States Government 

10 subcontractors and their employees do not 

11 engage in trafficking in persons; 

12 ‘‘(I) activities or actions by Federal depart13 ments and agencies to enforce— 

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

15 law, regulation, or policy relating to United 

16 States Government contractors and their 

17 employees or United States Government 

18 subcontractors and their employees that 

19 engage in severe forms of trafficking in 

20 persons, the procurement of commercial 

21 sex acts, or the use of forced labor, includ22 ing debt bondage; 

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

24 1930 (19 U.S.C. 1307; relating to prohibi25 tion on importation of convict-made 


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1 goods), including any determinations by 

2 the Secretary of Homeland Security to 

3 waive the restrictions of such section; and 

4 ‘‘(iii) prohibitions on the procurement 

5 by the United States Government of items 

6 or services produced by slave labor, con7 sistent with Executive Order 13107 (De8 cember 10, 1998); and’’. 

9 SEC. 232. DEFENSE CONTRACT AUDIT AGENCY AUDIT. 

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

11 shall conduct an audit of all contractors and subcontrac12 tors of the Department of Defense implementing contracts 

13 abroad where there is substantial evidence to suggest traf14 ficking in persons, including— 

15 (1) confiscation of passports; 

16 (2) restriction on mobility; 

17 (3) abrupt or evasive repatriation, 

18 (4) deception of work destination; or 

19 (5) forced labor. 

20 (b) CONGRESSIONAL NOTIFICATION.— 

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

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

23 the Secretary of Defense shall— 


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1 (A) notify the congressional committees 

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

3 audit; and 

4 (B) certify that the contractor or subcon5 tractor has not engaged in, or is no longer en6 gaged in, the activities described in subsection 

7 (a). 

8 (2) CONGRESSIONAL COMMITTEES.—The com9 mittees list in this paragraph are— 

10 (A) the Committee on Armed Services of 

11 the Senate; 

12 (B) the Committee on Foreign Relations of 

13 the Senate; 

14 (C) the Committee on Armed Services of 

15 the House of Representatives; and 

16 (D) the Committee on Foreign Affairs of 

17 the House of Representatives. 

18 SEC. 233. SENIOR POLICY OPERATING GROUP. 

19 Section 206 of the Trafficking Victims Protection Re20 authorization Act of 2005 (42 U.S.C. 14044d) is amended 

21 by striking ‘‘, as the department or agency determines ap22 propriate,’’. 


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1 SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAF2 FICKERS. 

3 Section 212(a)(2)(H)(i) of the Immigration and Na4 tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by 

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

6 the Secretary of Homeland Security, the Secretary of 

7 State,’’. 

8 SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAF9 FICKING OF CHILDREN. 

10 (a) COMBATING CHILD TRAFFICKING AT THE BOR11 DER AND PORTS OF ENTRY OF THE UNITED STATES.— 

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

13 enhance the efforts of the United States to prevent 

14 trafficking in persons, the Secretary of Homeland 

15 Security, in conjunction with the Secretary of State, 

16 the Attorney General, and the Secretary of Health 

17 and Human Services, shall develop policies and pro18 cedures to ensure that unaccompanied alien children 

19 in the United States are safely repatriated to their 

20 country of nationality or of last habitual residence. 

21 (2) SPECIAL RULES FOR CHILDREN FROM CON22 TIGUOUS COUNTRIES.— 

23 (A) DETERMINATIONS.—Any unaccom24 panied alien child who is a national or habitual 

25 resident of a country that is contiguous with 

26 the United States shall be treated in accordance 


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1 with subparagraph (B), if the Secretary of 

2 Homeland Security determines, on a case-by3 case basis, that— 

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

5 a severe form of trafficking in persons, and 

6 there is no credible evidence that such 

7 child is at risk of being trafficked upon re8 turn to the child’s country of nationality or 

9 of last habitual residence; 

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

11 returning to the child’s country of nation12 ality or of last habitual residence owing to 

13 a credible fear of persecution; 

14 (iii) there is no credible evidence that 

15 the return of such child to the child’s 

16 country of nationality or of last habitual 

17 residence would endanger the life or safety 

18 of such child; and 

19 (iv) the child is able to make an inde20 pendent decision to withdraw the child’s 

21 application for admission to the United 

22 States. 

23 (B) RETURN.—An immigration officer who 

24 finds an unaccompanied alien child described in 

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


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1 entry of the United States and determines that 

2 such child is inadmissible under the Immigra3 tion and Nationality Act (8 U.S.C. 1101 et 

4 seq.) shall— 

5 (i) permit such child to withdraw the 

6 child’s application for admission pursuant 

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

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

9 and 

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

11 country of nationality or country of last 

12 habitual residence. 

13 (C) CONTIGUOUS COUNTRY AGREE14 MENTS.—The Secretary of State shall negotiate 

15 agreements between the United States and 

16 countries contiguous to the United States with 

17 respect to the repatriation of children. Such 

18 agreements shall be designed to protect children 

19 from severe forms of trafficking in persons, and 

20 shall, at a minimum, provide that— 

21 (i) no child shall be returned to the 

22 child’s country of nationality or of last ha23 bitual residence unless returned to appro24 priate officials or employees of the accept25 ing country’s government; 


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1 (ii) no child shall be returned to the 

2 child’s country of nationality or of last ha3 bitual residence outside of reasonable busi4 ness hours; and 

5 (iii) border personnel of the countries 

6 that are parties to such agreements are 

7 trained in the terms of such agreements. 

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

9 of unaccompanied alien children not described in 

10 paragraph (2)(A) who are apprehended at the bor11 der of the United States or at a United States port 

12 of entry shall be treated in accordance with sub13 section (c). 

14 (4) SCREENING.—Within 48 hours of the ap15 prehension of a child who is believed to be described 

16 in paragraph (2)(A), but in any event prior to re17 turning such child to the child’s country of nation18 ality or of last habitual residence, the child shall be 

19 screened to determine whether the child meets the 

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

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

22 made within 48 hours of apprehension, the child 

23 shall immediately be transferred to the Secretary of 

24 Health and Human Services and treated in accord25 ance with subsection (c). 


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1 (5) ENSURING THE SAFE REPATRIATION OF

2 CHILDREN.— 

3 (A) REPATRIATION PILOT PROGRAM.—To 

4 protect children from trafficking and exploi5 tation, the Secretary of State shall create a 

6 pilot program, in conjunction with non-govern7 mental organizations and other national and 

8 international agencies and experts, to develop 

9 and implement best practices to ensure the safe 

10 and secure repatriation and reintegration of un11 accompanied alien children into their country of 

12 nationality or of last habitual residence, includ13 ing placement with their families or other spon14 soring agencies. 

15 (B) ASSESSMENT OF COUNTRY CONDI16 TIONS.—The Secretary of Homeland Security 

17 shall consult the State Department’s Country 

18 Reports on Human Rights Practices and the 

19 Trafficking in Persons Report in assessing 

20 whether to repatriate an unaccompanied alien 

21 child to a particular country. Such assessment 

22 shall consider whether there is reasonable risk 

23 that repatriation of an unaccompanied alien 

24 child would threaten the life or safety of the 

25 child. 


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1 (C) REPORT ON REPATRIATION OF UNAC2 COMPANIED ALIEN CHILDREN.—Not later than 

3 18 months after the date of the enactment of 

4 this Act, and annually thereafter, the Secretary 

5 of Homeland Security, in conjunction with the 

6 Secretary of State and Secretary of Health and 

7 Human Services, shall submit a report to the 

8 Committee on the Judiciary of the Senate and 

9 the Committee on the Judiciary of the House of 

10 Representatives on efforts to repatriate unac11 companied alien children. Such report shall in12 clude— 

13 (i) the number of unaccompanied 

14 alien children ordered removed and the 

15 number of such children actually removed 

16 from the United States; 

17 (ii) a statement of the nationalities, 

18 ages, and gender of such children; 

19 (iii) a description of the policies and 

20 procedures used to effect the removal of 

21 such children from the United States and 

22 the steps taken to ensure that such chil23 dren were safely and humanely repatriated 

24 to their country of nationality or of last 

25 habitual residence, including a description 


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1 of the repatriation pilot program created 

2 pursuant to subparagraph (A); 

3 (iv) a description of the type of immi4 gration relief sought and denied to such 

5 children; 

6 (v) any information gathered in as7 sessments of country and local conditions 

8 pursuant to paragraph (2); and 

9 (vi) statistical information and other 

10 data on unaccompanied alien children as 

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

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

13 279(b)(1)(J)). 

14 (D) PLACEMENT IN REMOVAL PRO15 CEEDINGS.—Any unaccompanied alien child 

16 sought to be removed by the Department of 

17 Homeland Security, except for an unaccom18 panied alien child from a contiguous country 

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

20 shall be placed in removal proceedings under 

21 section 240 of the Immigration and Nationality 

22 Act (8 U.S.C. 1229a) and shall be safely repa23 triated pursuant to 240B of such Act (8 U.S.C. 

24 1229c). 


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1 (b) COMBATING CHILD TRAFFICKING AND EXPLOI2 TATION IN THE UNITED STATES.— 

3 (1) CARE AND CUSTODY OF UNACCOMPANIED

4 ALIEN CHILDREN.—Consistent with section 462 of 

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

6 and except as otherwise provided under subsection 

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

8 children, including responsibility for their detention, 

9 where appropriate, shall be the responsibility of the 

10 Secretary of Health and Human Services. 

11 (2) NOTIFICATION.—Each department or agen12 cy of the Federal Government shall notify the De13 partment of Health and Human services within 48 

14 hours upon— 

15 (A) the apprehension or discovery of an 

16 unaccompanied alien child; or 

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

18 the custody of such department or agency is 

19 under 18 years of age. 

20 (3) TRANSFERS OF UNACCOMPANIED ALIEN

21 CHILDREN.—Except in the case of exceptional cir22 cumstances, any department or agency of the Fed23 eral Government that has an unaccompanied alien 

24 child in custody shall transfer the custody of such 

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1 ices not later than 72 hours after determining that 

2 such child is an unaccompanied alien child. 

3 (4) AGE DETERMINATIONS.— 

4 (A) IN GENERAL.—The Secretary of 

5 Health and Human Services shall make an age 

6 determination for an alien described in para7 graph (2)(B) and take whatever other steps are 

8 necessary to determine whether such alien is el9 igible for treatment under this section or sec10 tion 462 of the Homeland Security Act of 2002 

11 (6 U.S.C. 279). 

12 (B) PROCEDURES.—The Secretary of 

13 Health and Human Services, in consultation 

14 with the Secretary of Homeland Security, shall 

15 develop procedures to make a prompt deter16 mination of the age of an alien, which shall be 

17 used by the Secretary of Homeland Security 

18 and the Secretary of Health and Human Serv19 ices for children in their respective custody. At 

20 a minimum, these procedures shall permit the 

21 presentation of multiple forms of evidence, in22 cluding the non-exclusive use of radiographs, to 

23 determine the age of the unaccompanied alien. 

24 (c) PROVIDING SAFE AND SECURE PLACEMENTS FOR

25 CHILDREN.— 


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1 (1) POLICIES AND PROGRAMS.—The Secretary 

2 of Health and Human Services, Secretary of Home3 land Security, Attorney General, and Secretary of 

4 State shall establish policies and programs to ensure 

5 that unaccompanied alien children in the United 

6 States are protected from traffickers and other per7 sons seeking to victimize or otherwise engage such 

8 children in criminal, harmful, or exploitative activity, 

9 including policies and programs reflecting best prac10 tices in witness security programs. 

11 (2) SAFE AND SECURE PLACEMENTS.—Subject 

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

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

14 alien child in the custody of the Secretary of Health 

15 and Human Services shall be promptly placed in the 

16 least restrictive setting that is in the best interest of 

17 the child. Placement of child trafficking victims may 

18 include placement in an Unaccompanied Refugee 

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

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

21 1522 note), if a suitable family member is not avail22 able to provide care. A child shall not be placed in 

23 a secure facility absent an independent finding that 

24 the child poses a danger to self or others. 

25 (3) SAFETY AND SUITABILITY ASSESSMENTS.— 


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1 (A) IN GENERAL.—Subject to the require2 ments of subparagraph (B), an unaccompanied 

3 alien child may not be placed with a person or 

4 entity unless the Secretary of Health and 

5 Human Services makes a determination that 

6 the proposed custodian is capable of providing 

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

8 Such determination shall, at a minimum, in9 clude verification of the custodian’s identity and 

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

11 independent finding that the individual has not 

12 engaged in any activity that would indicate a 

13 potential risk to the child. 

14 (B) HOME STUDIES.—Before placing the 

15 child with an individual, the Secretary of 

16 Health and Human Services shall determine 

17 whether a home study is first necessary. A 

18 home study shall be conducted for a child who 

19 is a victim of a severe form of trafficking in 

20 persons, a special needs child with a disability 

21 (as defined in section 3 of the Americans with 

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

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

24 sexual abuse under circumstances that indicate 

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1 nificantly harmed or threatened or a child 

2 whose proposed sponsor clearly presents a risk 

3 of abuse, maltreatment, exploitation, or traf4 ficking to the child based on all available objec5 tive evidence. The Secretary of Health and 

6 Human Services shall conduct follow-up serv7 ices, during the pendency of removal pro8 ceedings, on children and custodians for whom 

9 a home study was conducted and is authorized 

10 to conduct follow-up services in cases involving 

11 children with mental health or other needs who 

12 could benefit from ongoing assistance from a 

13 social welfare agency. 

14 (C) ACCESS TO INFORMATION.—Not later 

15 than 2 weeks after receiving a request from the 

16 Secretary of Health and Human Services, the 

17 Secretary of Homeland Security shall provide 

18 information necessary to conduct suitability as19 sessments from appropriate Federal, State, and 

20 local law enforcement and immigration data21 bases. 

22 (4) LEGAL ORIENTATION PRESENTATIONS.— 

23 The Secretary of Health and Human Services shall 

24 cooperate with the Executive Office for Immigration 

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1 entation presentations provided through the Legal 

2 Orientation Program administered by the Executive 

3 Office for Immigration Review. Such presentations 

4 shall address the custodian’s responsibility to ensure 

5 the child’s appearance at all immigration pro6 ceedings and to protect the child from mistreatment, 

7 exploitation, and trafficking. 

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

9 Health and Human Services shall ensure, to the 

10 greatest extent practicable, that all unaccompanied 

11 alien children who are or have been in the custody 

12 of the Secretary or the Secretary of Homeland Secu13 rity, and who are not described in subsection 

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

15 in legal proceedings or matters and protect them 

16 from mistreatment, exploitation, and trafficking. To 

17 the greatest extent practicable, the Secretary of 

18 Health and Human Services shall make every effort 

19 to utilize the services of competent pro bono counsel 

20 who agree to provide representation to such children 

21 without charge. Consistent with section 292 of the 

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

23 nothing in this Act may be construed to require the 

24 Government of the United States to pay for counsel 

25 to any unaccompanied alien child. 


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1 (6) CHILD ADVOCATES.—The Secretary of 

2 Health and Human Services is authorized to appoint 

3 independent child advocates for child trafficking vic4 tims and other vulnerable unaccompanied alien chil5 dren. A child advocate shall be provided access to 

6 materials necessary to effectively advocate for the 

7 best interest of the child. The child advocate shall 

8 not be compelled to testify or provide evidence in 

9 any proceeding concerning any information or opin10 ion received from the child in the course of serving 

11 as a child advocate. The child advocate shall be pre12 sumed to be acting in good faith and be immune 

13 from civil and criminal liability for lawful conduct of 

14 duties as described in this provision. 

15 (7) CONFIDENTIALITY.—The Secretary of 

16 Health and Human Services shall maintain the pri17 vacy and confidentiality of all information gathered 

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

19 unaccompanied alien children, consistent with its 

20 role and responsibilities under the Homeland Secu21 rity Act of 2002 to act as guardian in loco parentis 

22 in the best interest of the unaccompanied alien child, 

23 by not disclosing such information to other govern24 ment agencies or nonparental third parties. The Sec25 retary shall provide information to a duly recognized 


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1 law enforcement entity in connection with a prosecu2 tion or investigation of an offense described in para3 graph (2) or (3) of section 212(a) of the Immigra4 tion and Nationality Act (8 U.S.C. 1182(a)), when 

5 such information is requested in writing by such en6 tity. 

7 (d) PERMANENT PROTECTION FOR CERTAIN AT8 RISK CHILDREN.— 

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

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

11 1101(a)(27)(J)) is amended— 

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

13 who has been deemed eligible by that court for 

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

15 abandonment;’’ and inserting ‘‘State, or an in16 dividual or entity appointed by a State or juve17 nile court located in the United States, and 

18 whose reunification with 1 or both of the immi19 grant’s parents is not viable due to abuse, ne20 glect, abandonment, or a similar basis found 

21 under State law;’’; and 

22 (B) in clause (iii)— 

23 (i) in the matter preceding subclause 

24 (I), by striking ‘‘the Attorney General ex25 pressly consents to the dependency order 


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1 serving as a precondition to the grant of 

2 special immigrant juvenile status;’’ and in3 serting ‘‘the Secretary of Homeland Secu4 rity consents to the grant of special immi5 grant juvenile status,’’; and 

6 (ii) in subclause (I), by striking ‘‘in 

7 the actual or constructive custody of the 

8 Attorney General unless the Attorney Gen9 eral specifically consents to such jurisdic10 tion;’’ and inserting ‘‘in the custody of the 

11 Secretary of Health and Human Services 

12 unless the Secretary of Health and Human 

13 Services specifically consents to such juris14 diction;’’. 

15 (2) EXPEDITIOUS ADJUDICATION.—All applica16 tions for special immigrant status under section 

17 101(a)(27)(J) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated 

19 by the Secretary of Homeland Security not later 

20 than 180 days after the date on which the applica21 tion is filed. 

22 (3) ADJUSTMENT OF STATUS.—Section 

23 245(h)(2)(A) of the Immigration and Nationality 

24 Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 

25 follows: 


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1 ‘‘(A) paragraphs (4), (5)(A), (6)(A), 

2 (6)(C), (6)(D), (7)(A), 9(B), and 9(C)(i)(I) of 

3 section 212(a) shall not apply; and’’. 

4 (4) ELIGIBILITY FOR ASSISTANCE.— 

5 (A) IN GENERAL.—A child who has been 

6 granted special immigrant status under section 

7 101(a)(27)(J) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(27)(J)) and who 

9 was either in the custody of the Secretary of 

10 Health and Human Services at the time a de11 pendency order was granted for such child or 

12 who was receiving services pursuant to section 

13 501(a) of the Refugee Education Assistance Act 

14 of 1980 (8 U.S.C. 1522 note) at the time such 

15 dependency order was granted, shall be eligible 

16 for placement and services under section 412(d) 

17 of the Immigration and Nationality Act (8 

18 U.S.C. 1522(d)) until the earlier of— 

19 (i) the date on which the child reaches 

20 the age designated in section 412(d)(2)(B) 

21 of the Immigration and Nationality Act (8 

22 U.S.C. 1522(d)(2)(B)); or 

23 (ii) the date on which the child is 

24 placed in a permanent adoptive home. 


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1 (B) STATE REIMBURSEMENT.—If State 

2 foster care funds are expended on behalf of a 

3 child who is not described in subparagraph (A) 

4 and has been granted special immigrant status 

5 under section 101(a)(27)(J) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 

7 the Federal Government shall reimburse the 

8 State in which the child resides for such ex9 penditures by the State. 

10 (5) STATE COURTS ACTING IN LOCO

11 PARENTIS.—A department or agency of a State, or 

12 an individual or entity appointed by a State court or 

13 juvenile court located in the United States, acting in 

14 loco parentis, shall not be considered a legal guard15 ian for purposes of this section or section 462 of the 

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

17 (6) TRANSITION RULE.—Notwithstanding any 

18 other provision of law, an alien described in section 

19 101(a)(27)(J) of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(a)(27)(J)), as amended by para21 graph (1), may not be denied special immigrant sta22 tus under such section after the date of the enact23 ment of this Act based on age if the alien was a 

24 child on the date on which the alien applied for such 

25 status. 


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1 (7) ACCESS TO ASYLUM PROTECTIONS.—Sec2 tion 208 of the Immigration and Nationality Act (8 

3 U.S.C. 1158) is amended— 

4 (A) in subsection (a)(2), by adding at the 

5 end the following: 

6 ‘‘(E) APPLICABILITY.—Subparagraphs (A) 

7 and (B) shall not apply to an unaccompanied 

8 alien child (as defined in section 462(g) of the 

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

10 279(g))).’’; and 

11 (B) in subsection (b)(3), by adding at the 

12 end the following: 

13 ‘‘(C) INITIAL JURISDICTION.—An asylum 

14 officer (as defined in section 235(b)(1)(E)) 

15 shall have initial jurisdiction over any asylum 

16 application filed by an unaccompanied alien 

17 child (as defined in section 462(g) of the Home18 land Security Act of 2002 (6 U.S.C. 279(g))), 

19 regardless of whether filed in accordance with 

20 this section or section 235(b).’’. 

21 (8) SPECIALIZED NEEDS OF CHILDREN.—Appli22 cations for asylum and other forms of relief from re23 moval in which a child is the principal applicant 

24 shall be governed by regulations which take into ac25 count the specialized needs of children and which adVerDate Aug 31 2005 01:38 May 30, 2008 Jkt 069200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.IS S3061

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1 dress both procedural and substantive aspects of 

2 handling children’s cases. 

3 (e) TRAINING.—The Secretary of State, the Sec4 retary of Homeland Security, the Secretary of Health and 

5 Human Services, and the Attorney General shall provide 

6 specialized training to all Federal personnel, and upon re7 quest, state and local personnel, who come into contact 

8 with unaccompanied alien children. Such personnel shall 

9 be trained to work with unaccompanied alien children, in10 cluding identifying children who are a victim of a severe 

11 form of trafficking in persons, and children for whom asy12 lum or special immigrant relief may be appropriate, in13 cluding children described in subsection (a)(2). 

14 (f) AMENDMENTS TO THE HOMELAND SECURITY

15 ACT OF 2002.— 

16 (1) ADDITIONAL RESPONSIBILITIES.—Section 

17 462(b)(1)(L) of the Homeland Security Act of 2002 

18 (6 U.S.C. 279(b)(1)(L)) is amended by striking the 

19 period at the end and inserting ‘‘, including regular 

20 follow-up visits to such facilities, placements, and 

21 other entities, to assess the continued suitability of 

22 such placements.’’. 

23 (2) TECHNICAL CORRECTIONS.—Section 462(b) 

24 of such Act (6 U.S.C. 279(b)) is further amended— 


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1 (A) in paragraph (3), by striking ‘‘para2 graph (1)(G),’’ and inserting ‘‘paragraph (1),’’; 

3 and 

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

5 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

6 paragraph (2)(B) may be construed to require that 

7 a bond be posted for an unaccompanied alien child 

8 who is released to a qualified sponsor.’’. 

9 (g) DEFINITION OF UNACCOMPANIED ALIEN

10 CHILD.—For purposes of this section, the term ‘‘unaccom11 panied alien child’’ has the meaning given such term in 

12 section 462(g) of the Homeland Security Act of 2002 (6 

13 U.S.C. 279(g)). 

14 (h) EFFECTIVE DATE.—This section shall— 

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

16 the date of the enactment of this Act; and 

17 (2) apply to all aliens in the United States, 

18 pending proceedings before the Executive Office for 

19 Immigration Review or related administrative or 

20 Federal appeals on or after the date of the enact21 ment of this Act. 

22 (i) GRANTS AND CONTRACTS.—The Secretary of 

23 Health and Human Services may award grants to, and 

24 enter into contracts with, voluntary agencies to carry out 


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1 this section and section 462 of the Homeland Security Act 

2 of 2002 (6 U.S.C. 279). 

3 SEC. 236. TEMPORARY INCREASE IN FEE FOR CERTAIN 

4 CONSULAR SERVICES. 

5 (a) INCREASE IN FEE.—Notwithstanding any other 

6 provision of law, not later than October 1, 2008, the Sec7 retary of State shall increase by $2 the fee or surcharge 

8 assessed under section 140(a) of the Foreign Relations 

9 Authorization Act, Fiscal Years 1994 and 1995 (Public 

10 Law 103–236; 8 U.S.C. 1351 note) for processing ma11 chine-readable nonimmigrant visas and machine-readable 

12 combined border crossing identification cards and non13 immigrant visas. 

14 (b) DEPOSIT OF AMOUNTS.—Notwithstanding sec15 tion 140(a)(2) of the Foreign Relations Authorization Act, 

16 Fiscal Years 1994 and 1995 (Public Law 103–236; 8 

17 U.S.C. 1351 note), the additional amount collected pursu18 ant the fee increase under subsection (a) shall be deposited 

19 in the Treasury. 

20 (c) DURATION OF INCREASE.—The fee increase au21 thorized under subsection (a) shall terminate on the date 

22 that is 2 years after the first date on which such increased 

23 fee is collected. 


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1 TITLE III—AUTHORIZATIONS OF 

2 APPROPRIATIONS 

3 SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 

4 Section 113 of the Trafficking Victims Protection Act 

5 of 2000, as amended by section 213(a)(2), is amended— 

6 (1) in subsection (a)— 

7 (A) in the first sentence— 

8 (i) by striking ‘‘section 104, and’’; 

9 and 

10 (ii) by striking ‘‘$1,500,000’’ and all 

11 that follows through ‘‘$5,500,000 for each 

12 of the fiscal years 2006 and 2007’’ and in13 serting ‘‘$5,500,000 for each of the fiscal 

14 years 2008 through 2011’’; and 

15 (B) in the second sentence— 

16 (i) by striking ‘‘for official reception 

17 and representation expenses $3,000’’ and 

18 inserting ‘‘$1,500,000 for additional per19 sonnel for each of the fiscal years 2008 

20 through 2011, and $3,000 for official re21 ception and representation expenses’’; and 

22 (ii) by striking ‘‘2006 and 2007’’ and 

23 inserting ‘‘2008 through 2011’’; 

24 (2) in subsection (b)(1), by striking 

25 ‘‘$5,000,000’’ and all that follows and inserting 


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1 ‘‘$15,000,000 for each of the fiscal years 2008 

2 through 2011’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘2004, 2005, 2006, 

6 and 2007’’ each place it appears and in7 serting ‘‘2008 through 2011’’; and 

8 (ii) in subparagraph (B), by adding at 

9 the end the following: ‘‘To carry out the 

10 purposes of section 107(a)(1)(F), there are 

11 authorized to be appropriated to the Sec12 retary of State $500,000 for fiscal year 

13 2008, $750,000 for fiscal year 2009, and 

14 $1,000,000 for each of the fiscal years 

15 2010 and 2011.’’; 

16 (B) by striking paragraph (2); 

17 (C) by redesignating paragraph (3) as 

18 paragraph (2); and 

19 (D) in paragraph (2), as redesignated— 

20 (i) by striking ‘‘section 104’’ and in21 serting ‘‘sections 116(f) and 502B(h) of 

22 the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2151n(f) and 2304(h))’’; and 


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1 (ii) by striking ‘‘, including the prepa2 ration’’ and all that follows and inserting 

3 a period; 

4 (4) in subsection (d)— 

5 (A) in the first sentence, by striking 

6 ‘‘$10,000,000’’ and all that follows through 

7 ‘‘2007’’ and inserting ‘‘$15,000,000 for each of 

8 the fiscal years 2008 through 2011’’; and 

9 (B) in the second sentence, by striking 

10 ‘‘$250,000’’ and all that follows through 

11 ‘‘2007’’ and inserting ‘‘$500,000 for each of 

12 the fiscal years 2008 through 2011’’; 

13 (5) in subsection (e)— 

14 (A) in paragraph (1), by striking 

15 ‘‘$5,000,000’’ and all that follows and inserting 

16 ‘‘$15,000,000 for each of the fiscal years 2008 

17 through 2011.’’; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘section 109’’ and in20 serting ‘‘section 134 of the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2152d)’’; and 

22 (ii) by striking ‘‘$5,000,000’’ and all 

23 that follows and inserting ‘‘$15,000,000 

24 for each of the fiscal years 2008 through 

25 2011.’’; and 


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1 (C) in paragraph (3), by striking 

2 ‘‘$300,000’’ and all that follows and inserting 

3 ‘‘$3,000,000 for each of the fiscal years 2008 

4 through 2011.’’; 

5 (6) in subsection (f), by striking ‘‘$5,000,000’’ 

6 and all that follows and inserting ‘‘$15,000,000 for 

7 each of the fiscal years 2008 through 2011.’’; 

8 (7) in subsection (h), by striking ‘‘fiscal year 

9 2006’’ and inserting ‘‘each of the fiscal years 2008 

10 through 2011’’; and 

11 (8) in subsection (i), by striking ‘‘$18,000,000 

12 for each of the fiscal years 2006 and 2007’’ and in13 serting ‘‘$18,000,000 for each of the fiscal years 

14 2008 through 2011’’. 

15 SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR16 IZATION ACT OF 2005. 

17 The Trafficking Victims Protection Reauthorization 

18 Act of 2005 (Public Law 109–164) is amended— 

19 (1) in section 102(b)(7), by striking ‘‘2006 and 

20 2007’’ and inserting ‘‘2008 through 2011’’; 

21 (2) in section 201(c)— 

22 (A) in paragraph (1), by striking 

23 ‘‘$2,500,000 for each of the fiscal years 2006 

24 and 2007’’ each place it appears and inserting 


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1 ‘‘$3,000,000 for each of the fiscal years 2008 

2 through 2011’’; and 

3 (B) in paragraph (2), by striking ‘‘2006 

4 and 2007’’ and inserting ‘‘2008 through 2011’’; 

5 (3) in section 202(d), by striking ‘‘$10,000,000 

6 for each of the fiscal years 2006 and 2007’’ and in7 serting ‘‘$15,000,000 for each of the fiscal years 

8 2008 through 2011’’; 

9 (4) in section 203(g), by striking ‘‘2006 and 

10 2007’’ and inserting ‘‘2008 through 2011’’; and 

11 (5) in section 204(d), by striking ‘‘2006 and 

12 2007’’ and inserting ‘‘2008 through 2011’’. 

13 SEC. 303. RULE OF CONSTRUCTION. 

14 The amendments made by sections 301 and 302 may 

15 not be construed to affect the availability of funds appro16 priated pursuant to the authorizations of appropriations 

17 under the Trafficking Victims Protection Act of 2000 (di18 vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.) 

19 and the Trafficking Victims Protection Reauthorization 

20 Act of 2005 (Public Law 109–164) before the date of the 

21 enactment of this Act. 

22 SEC. 304. TECHNICAL AMENDMENTS. 

23 (a) TRAFFICKING VICTIMS PROTECTION ACT OF

24 2000.—Sections 103(1) and 105(d)(7) of the Trafficking 

25 Victims Protection Act of 2000 (22 U.S.C. 7102(1) and 


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1 7103(d)(7)) are amended by striking ‘‘Committee on 

2 International Relations’’ each place it appears and insert3 ing ‘‘Committee on Foreign Affairs’’. 

4 (b) TRAFFICKING VICTIMS PROTECTION REAUTHOR5 IZATION ACT OF 2005.—Section 102(b)(6) and sub6 sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf7 ficking Victims Protection Reauthorization Act of 2005 

8 (Public Law 109–164) are amended by striking ‘‘Com9 mittee on International Relations’’ each place it appears 

10 and inserting ‘‘Committee on Foreign Affairs’’. 

11 TITLE IV—CHILD SOLDIERS PRE12 VENTION AND ACCOUNT13 ABILITY 

14 SEC. 401. SHORT TITLE. 

15 This title may be cited as the ‘‘Child Soldiers Preven16 tion and Accountability Act of 2008’’. 

17 SEC. 402. DEFINITIONS. 

18 In this title: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Foreign Relations of 

23 the Senate; 

24 (B) the Committee on Appropriations of 

25 the Senate; 


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1 (C) the Committee on Foreign Affairs of 

2 the House of Representatives; and 

3 (D) the Committee on Appropriations of 

4 the House of Representatives. 

5 (2) CHILD SOLDIER.—Consistent with the pro6 visions of the Optional Protocol to the Convention of 

7 the Rights of the Child, the term ‘‘child soldier’’— 

8 (A) means— 

9 (i) any person under 18 years of age 

10 who takes a direct part in hostilities as a 

11 member of governmental armed forces; 

12 (ii) any person under 18 years of age 

13 who has been compulsorily recruited into 

14 governmental armed forces; 

15 (iii) any person under 16 years of age 

16 who has been voluntarily recruited into 

17 governmental armed forces; or 

18 (iv) any person under 18 years of age 

19 who has been recruited or used in hos20 tilities by armed forces distinct from the 

21 armed forces of a state; and 

22 (B) includes any person described in 

23 clauses (ii), (iii), or (iv) of subparagraph (A) 

24 who is serving in any capacity, including in a 


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1 support role such as a cook, porter, messenger, 

2 medic, guard, or sex slave. 

3 SEC. 403. PROHIBITION. 

4 (a) IN GENERAL.—Subject to subsections (c), (d), 

5 and (e), none of the funds appropriated or otherwise made 

6 available for international military education and training, 

7 foreign military financing, or the transfer of excess de8 fense articles under section 116 or 502B of the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), 

10 the Arms Export Control Act (22 U.S.C. 2751), the De11 partment of State, Foreign Operations, and Related Pro12 grams Appropriations Act, 2008 (division J of Public Law 

13 110–161) or under any other Act making appropriations 

14 for foreign operations, export financing, and related pro15 grams may be obligated or otherwise made available, and 

16 no licenses for direct commercial sales of military equip17 ment may be issued to the government of a country that 

18 is clearly identified, in the Department of State’s Country 

19 Report on Human Rights Practices for the most recent 

20 year preceding the fiscal year in which the appropriated 

21 funds, transfer, or license, would have been used or issued 

22 in the absence of a violation of this title, as having govern23 mental armed forces or government-supported armed 

24 groups, including paramilitaries, militias, or civil defense 

25 forces, that recruit and use child soldiers. 


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1 (b) NOTIFICATION TO COUNTRIES IN VIOLATION OF

2 STANDARDS.—The Secretary of State shall formally notify 

3 any government identified pursuant to subsection (a). 

4 (c) NATIONAL INTEREST WAIVER.— 

5 (1) WAIVER.—The President may waive the ap6 plication to a country of the prohibition in sub7 section (a) if the President determines that such 

8 waiver is in the national interest of the United 

9 States. 

10 (2) PUBLICATION AND NOTIFICATION.—Not 

11 later than 45 days after each waiver is granted 

12 under paragraph (1), the President shall publish 

13 such waiver in the Federal Register with the jus14 tification for granting such waiver. 

15 (d) REINSTATEMENT OF ASSISTANCE.—The Presi16 dent may provide to a country assistance otherwise prohib17 ited under subsection (a) upon certifying to the appro18 priate congressional committees that the government of 

19 such country— 

20 (1) has implemented measures that include an 

21 action plan and actual steps to come into compliance 

22 with the standards outlined in section 404(b); and 

23 (2) has implemented policies and mechanisms 

24 to prohibit and prevent future government or gov25 ernment-supported use of child soldiers and to enVerDate Aug 31 2005 01:38 May 30, 2008 Jkt 069200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S3061.IS S3061

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1 sure that no children are recruited, conscripted, or 

2 otherwise compelled to serve as child soldiers. 

3 (e) EXCEPTION FOR PROGRAMS DIRECTLY RELATED

4 TO ADDRESSING THE PROBLEM OF CHILD SOLDIERS OR

5 PROFESSIONALIZATION OF THE MILITARY.— 

6 (1) IN GENERAL.—The President may provide 

7 assistance to a country for international military 

8 education, training, and nonlethal supplies (as de9 fined in section 2557(d)(1)(B) of title 10, United 

10 States Code) otherwise prohibited under subsection 

11 (a) upon certifying to the appropriate congressional 

12 committees that— 

13 (A) the government of such country is tak14 ing reasonable steps to implement effective 

15 measures to demobilize child soldiers in its 

16 forces or in government-supported paramilitar17 ies and is taking reasonable steps within the 

18 context of its national resources to provide de19 mobilization, rehabilitation, and reintegration 

20 assistance to those former child soldiers; and 

21 (B) the assistance provided by the United 

22 States Government to the government of such 

23 country will go to programs that will directly 

24 support professionalization of the military. 


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1 (2) LIMITATION.—The exception under para2 graph (1) may not remain in effect for a country for 

3 more than 2 years. 

4 SEC. 404. REPORTS. 

5 (a) INVESTIGATION OF ALLEGATIONS REGARDING

6 CHILD SOLDIERS.—United States missions abroad shall 

7 thoroughly investigate reports of the use of child soldiers. 

8 (b) INFORMATION FOR ANNUAL HUMAN RIGHTS RE9 PORTS.—In preparing those portions of the annual 

10 Human Rights Report that relate to child soldiers under 

11 sections 116 and 502B of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of 

13 State shall ensure that such reports include— 

14 (1) any determination that a government has 

15 violated the standards under this title; and 

16 (2) a description of the use of child soldiers in 

17 each foreign country, whether or not such use con18 stitutes a violation of such standards, including— 

19 (A) trends toward improvement in such 

20 country of the status of child soldiers or the 

21 continued or increased tolerance of such prac22 tices; and 

23 (B) the role of the government of such 

24 country in engaging in or tolerating the use of 

25 child soldiers. 


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1 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

2 June 15 of each of the 10 years following the date of the 

3 enactment of this Act, the President shall submit a report 

4 to the appropriate congressional committees that con5 tains— 

6 (1) a list of the countries receiving notification 

7 that they are in violation of the standards under this 

8 title; 

9 (2) a list of any waivers or exceptions exercised 

10 under this title; 

11 (3) justification for any such waivers and excep12 tions; and 

13 (4) a description of any assistance provided 

14 under this title pursuant to the issuance of such 

15 waiver. 

16 (d) IMPLEMENTATION REPORT.—Not later than 180 

17 days after the date of the enactment of this Act, the Sec18 retary of State and the Secretary of Defense shall jointly 

19 submit a report to the appropriate congressional commit20 tees that— 

21 (1) sets forth a strategy and a program to as22 sist governments that have expressed the political 

23 will to achieve the policy objectives described in this 

24 title; and 


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1 (2) includes a description of an effective mecha2 nism for coordination of United States Government 

3 efforts to implement this strategy. 

4 SEC. 405. TRAINING FOR FOREIGN SERVICE OFFICERS. 

5 Section 708 of the Foreign Service Act of 1980 (22 

6 U.S.C. 4028) is amended by adding at the end the fol7 lowing: 

8 ‘‘(c) The Secretary of State, with the assistance of 

9 other relevant officials, shall establish as part of the stand10 ard training provided for chiefs of mission, deputy chiefs 

11 of mission, and other officers of the Service who are or 

12 will be involved in the assessment of child soldier use or 

13 the drafting of the annual Human Rights Report, instruc14 tion on matters related to child soldiers, and the substance 

15 of the Child Soldiers Prevention and Accountability Act 

16 of 2008.’’. 

17 SEC. 406. ACCOUNTABILITY FOR THE RECRUITMENT AND 

18 USE OF CHILD SOLDIERS. 

19 (a) CRIME FOR RECRUITING OR USING CHILD SOL20 DIERS.— 

21 (1) IN GENERAL.—Chapter 118 of title 18, 

22 United States Code, is amended by adding at the 

23 end the following: 


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1 ‘‘§ 2442. Recruitment or use of child soldiers 

2 ‘‘(a) OFFENSE.—Any person who knowingly recruits, 

3 enlists, or conscripts a person under 15 years of age into 

4 an armed force or group, or knowingly uses a person 

5 under 15 years of age to participate actively in hos6 tilities— 

7 ‘‘(1) shall be fined under this title, imprisoned 

8 not more than 20 years, or both; and 

9 ‘‘(2) if the death of any person results, shall be 

10 fined under this title and imprisoned for any term 

11 of years or for life. 

12 ‘‘(b) ATTEMPT AND CONSPIRACY.—Any person who 

13 attempts or conspires to commit an offense under this sec14 tion shall be punished in the same manner as a person 

15 who completes the offense. 

16 ‘‘(c) JURISDICTION.—There is jurisdiction over an of17 fense described in subsection (a), and any attempt or con18 spiracy to commit such offense, if— 

19 ‘‘(1) the alleged offender is a national of the 

20 United States (as defined in section 101(a)(22) of 

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

22 1101(a)(22))) or an alien lawfully admitted for per23 manent residence in the United States (as defined in 

24 section 101(a)(20) of such Act (8 U.S.C. 

25 1101(a)(20)); 


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1 ‘‘(2) the alleged offender is a stateless person 

2 whose habitual residence is in the United States; 

3 ‘‘(3) the alleged offender is present in the 

4 United States, irrespective of the nationality of the 

5 alleged offender; or 

6 ‘‘(4) the offense occurs in whole or in part with7 in the United States. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES.— 

10 The term ‘participate actively in hostilities’ means 

11 taking part in— 

12 ‘‘(A) combat or military activities related 

13 to combat, including scouting, spying, sabotage, 

14 and serving as a decoy, a courier, or at a mili15 tary checkpoint; or 

16 ‘‘(B) direct support functions related to 

17 combat, including taking supplies to the front 

18 line and other services at the front line. 

19 ‘‘(2) ARMED FORCE OR GROUP.—The term 

20 ‘armed force or group’ means any army, militia, or 

21 other military organization, whether or not it is 

22 state-sponsored, excluding any group assembled sole23 ly for nonviolent political association.’’. 


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1 (2) STATUTE OF LIMITATIONS.—Chapter 213 

2 of title 18, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘§ 3300. Recruitment or use of child soldiers 

5 ‘‘No person may be prosecuted, tried, or punished for 

6 a violation of section 2442 unless the indictment or the 

7 information is filed not later than 10 years after the com8 mission of the offense.’’. 

9 (3) CLERICAL AMENDMENTS.—Title 18, United 

10 States Code, is amended— 

11 (A) in the table of sections for chapter 

12 118, by adding at the end the following: 

‘‘Sec. 2442. Recruitment or use of child soldiers.’’; 

13 and 

14 (B) in the table of sections for chapter 

15 213, by adding at the end the following: 

‘‘Sec. 3300. Recruitment or use of child soldiers.’’. 

16 (b) GROUND OF INADMISSIBILITY FOR RECRUITING

17 OR USING CHILD SOLDIERS.—Section 212(a)(3) of the 

18 Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) 

19 is amended by adding at the end the following: 

20 ‘‘(G) RECRUITMENT OR USE OF CHILD

21 SOLDIERS.—Any alien who has engaged in the 

22 recruitment or use of child soldiers in violation 

23 of section 2442 of title 18, United States Code, 

24 is inadmissible.’’. 


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1 (c) GROUND OF REMOVABILITY FOR RECRUITING OR

2 USING CHILD SOLDIERS.—Section 237(a)(4) of the Immi3 gration and Nationality Act (8 U.S.C. 1227(a)(4)) is 

4 amended by adding at the end the following: 

5 ‘‘(F) RECRUITMENT OR USE OF CHILD

6 SOLDIERS.—Any alien who has engaged in the 

7 recruitment or use of child soldiers in violation 

8 of section 2442 of title 18, United States Code, 

9 is deportable.’’. 

10 (d) ASYLUM AND WITHHOLDING OF REMOVAL.—Not 

11 later than 60 days after the date of the enactment of this 

12 Act, the Attorney General shall promulgate final regula13 tions establishing that, for purposes of sections 

14 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) of the Immigration 

15 and Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii) and 

16 1231(b)(3)(B)(iii)), an alien who is inadmissible under 

17 section 212(a)(3)(G) of such Act or removable under sec18 tion 237(a)(4)(F) of such Act shall be considered an alien 

19 with respect to whom there are serious reasons to believe 

20 that the alien committed a serious nonpolitical crime. 

21 SEC. 407. EFFECTIVE DATE; APPLICABILITY. 

22 This title, and the amendments made by this title, 

23 shall take effect 180 days after the date of the enactment 


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1 of this Act and shall apply to funds obligated after such 

2 effective date. 

Æ 


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