I 

111TH CONGRESS 

2D SESSION H. R. 5195 

To establish a director of anti-trafficking policies in the Department of 

Defense. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2010 

Mr. SMITH of New Jersey introduced the following bill; which was referred 

to the Committee on Armed Services 

A BILL 

To establish a director of anti-trafficking policies in the 

Department of Defense. 

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

3 SECTION 1. DEPARTMENT OF DEFENSE DIRECTOR OF 

4 ANTI-TRAFFICKING POLICIES. 

5 (a) ESTABLISHMENT.—The Secretary of Defense 

6 shall designate within the Office of the Secretary of De7 fense a director of anti-trafficking policies. The director 

8 shall be responsible for overseeing the implementation 

9 within the Department of Defense of policies relating to 

10 trafficking in persons, including policies of the DepartVerDate Mar 15 2010 02:53 May 01, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5195.IH H5195

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1 ment and policies of the Federal Government (including 

2 policies contained in National Security Presidential Direc3 tive 22) as they relate to the Department. The Secretary 

4 may not assign to the director any responsibilities not re5 lated to trafficking in persons. 

6 (b) DUTIES.—The director designated under sub7 section (a) shall, in consultation with other relevant ele8 ments of the Department— 

9 (1) ensure that training materials and instruc10 tional programs relating to trafficking in persons are 

11 developed and used by the military departments; 

12 (2) consult regularly with academicians, faith13 based organizations, multilateral organizations, non14 governmental organizations, and others with exper15 tise in combating trafficking in persons, regarding 

16 the Department’s implementation of policies relating 

17 to trafficking in persons; 

18 (3) conduct surveys of members of the Armed 

19 Forces and of employees of the Department to as20 sess attitudes and knowledge regarding trafficking in 

21 persons and use the results of those surveys to de22 velop training materials and instructional programs 

23 relating to trafficking in persons; 


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1 (4) ensure that trafficking in persons is in2 cluded as an intelligence requirement in peace3 keeping missions that track organized crime; 

4 (5) ensure the proper handling of cases in 

5 which a member of the Armed Forces or an em6 ployee or contractor of the Department is alleged to 

7 have engaged in or facilitated an act of trafficking 

8 in persons and in such cases encourage, as appro9 priate, implementation of chapter 212 of title 18, 

10 United States Code (commonly referred to as the 

11 Military Extraterritorial Jurisdiction Act of 2000) 

12 and the Trafficking Victims Protection Act of 2000; 

13 (6) ensure that the Department implements the 

14 commitments relating to trafficking in persons 

15 agreed to by the United States in the context of the 

16 North Atlantic Treaty Organization, the United Na17 tions, and other multilateral organizations, as those 

18 commitments relate to the Department; 

19 (7) establish a mechanism to ensure that nei20 ther the Department nor any contractor (or subcon21 tractor at any tier) of the Department rehires an 

22 employee of such a contractor (or subcontractor) 

23 who engaged in a severe form of trafficking in per24 sons while the contract is in effect; 


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1 (8) include the subject of trafficking in persons 

2 in military-to-military contact programs; 

3 (9) in consultation with the Office of the In4 spector General of the Department, investigate links 

5 between trafficking in persons and deployments of 

6 members of the Armed Forces and contractors of 

7 the Department; 

8 (10) consult with contractors of the Depart9 ment on programs to prevent trafficking in persons 

10 and on accountability structures relating to traf11 ficking in persons; and 

12 (11) perform such other related duties as the 

13 Secretary may require. 

14 (c) RESOURCES.—The director designated under sub15 section (a) shall have sufficient staff and resources to 

16 carry out the responsibilities and duties described in this 

17 paragraph. 

18 (d) RANK.—The director designated under subsection 

19 (a) shall have the rank of assistant secretary. 

Æ 


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