H. R. 7311—18 
‘‘(i) IN GENERAL.—If a Federal law enforcement 
official files an application stating that an alien is 
a victim of a severe form of trafficking and may be 
a potential witness to such trafficking, the Secretary 
of Homeland Security may permit the alien to remain 
in the United States to facilitate the investigation and 
prosecution of those responsible for such crime. 
‘‘(ii) SAFETY.—While investigating and prosecuting 
suspected traffickers, Federal law enforcement officials 
described in clause (i) shall endeavor to make reason-
able efforts to protect the safety of trafficking victims, 
including taking measures to protect trafficked persons 
and their family members from intimidation, threats 
of reprisals, and reprisals from traffickers and their 
associates. 
‘‘(iii) CONTINUATION OF PRESENCE.—The Secretary 
shall permit an alien described in clause (i) who has 
filed a civil action under section 1595 of title 18, United 
States Code, to remain in the United States until such 
action is concluded. If the Secretary, in consultation 
with the Attorney General, determines that the alien 
has failed to exercise due diligence in pursuing such 
action, the Secretary may revoke the order permitting 
the alien to remain in the United States. 
‘‘(iv) EXCEPTION.—Notwithstanding clause (iii), an 
alien described in such clause may be deported before 
the conclusion of the administrative and legal pro-
ceedings related to a complaint described in such clause 
if 
such 
alien 
is 
inadmissible 
under 
paragraph 
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), 
(3)(A)(iii), (3)(B), or (3)(C) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)). 
‘‘(B) PAROLE FOR RELATIVES.—Law enforcement offi-
cials may submit written requests to the Secretary of 
Homeland Security, in accordance with section 240A(b)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1229b(b)(6)), to permit the parole into the United States 
of certain relatives of an alien described in subparagraph 
(A)(i). 
‘‘(C) STATE AND LOCAL LAW ENFORCEMENT.—The Sec-
retary of Homeland Security, in consultation with the 
Attorney General, shall— 
‘‘(i) develop materials to assist State and local 
law enforcement officials in working with Federal law 
enforcement to obtain continued presence for victims 
of a severe form of trafficking in cases investigated 
or prosecuted at the State or local level; and 
‘‘(ii) distribute the materials developed under 
clause (i) to State and local law enforcement officials.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)— 
(A) shall take effect on the date of the enactment 
of this Act; 
(B) shall apply to pending requests for continued pres-
ence filed pursuant to section 107(c)(3) of the Trafficking 
Victims Protection Act (22 U.S.C. 7105(c)(3)) and requests 
filed on or after such date; and
H. R. 7311—19 
(C) may not be applied to an alien who is not present 
in the United States. 
(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.—Section 
240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) 
is amended by adding at the end the following: 
‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 
‘‘(A) IN
GENERAL.—Upon written request by a law 
enforcement official, the Secretary of Homeland Security 
may parole under section 212(d)(5) any alien who is a 
relative of an alien granted continued presence under sec-
tion 107(c)(3)(A) of the Trafficking Victims Protection Act 
(22 U.S.C. 7105(c)(3)(A)), if the relative— 
‘‘(i) was, on the date on which law enforcement 
applied for such continued presence— 
‘‘(I) in the case of an alien granted continued 
presence who is under 21 years of age, the spouse, 
child, parent, or unmarried sibling under 18 years 
of age, of the alien; or 
‘‘(II) in the case of an alien granted continued 
presence who is 21 years of age or older, the spouse 
or child of the alien; or 
‘‘(ii) is a parent or sibling of the alien who the 
requesting law enforcement official, in consultation 
with the Secretary of Homeland Security, as appro-
priate, determines to be in present danger of retaliation 
as a result of the alien’s escape from the severe form 
of trafficking or cooperation with law enforcement, 
irrespective of age. 
‘‘(B) DURATION OF PAROLE.— 
‘‘(i) IN GENERAL.—The Secretary may extend the 
parole granted under subparagraph (A) until the final 
adjudication of the application filed by the principal 
alien under section 101(a)(15)(T)(ii). 
‘‘(ii) OTHER LIMITS ON DURATION.—If an application 
described in clause (i) is not filed, the parole granted 
under subparagraph (A) may extend until the later 
of— 
‘‘(I) the date on which the principal alien’s 
authority to remain in the United States under 
section 107(c)(3)(A) of the Trafficking Victims 
Protection Act (22 U.S.C. 7105(c)(3)(A)) is termi-
nated; or 
‘‘(II) the date on which a civil action filed 
by the principal alien under section 1595 of title 
18, United States Code, is concluded. 
‘‘(iii) DUE
DILIGENCE.—Failure by the principal 
alien to exercise due diligence in filing a visa petition 
on behalf of an alien described in clause (i) or (ii) 
of subparagraph (A), or in pursuing the civil action 
described in clause (ii)(II) (as determined by the Sec-
retary of Homeland Security in consultation with the 
Attorney General), may result in revocation of parole. 
‘‘(C) OTHER
LIMITATIONS.—A relative may not be 
granted parole under this paragraph if— 
‘‘(i) the Secretary of Homeland Security or the 
Attorney General has reason to believe that the rel-
ative was knowingly complicit in the trafficking of
H. R. 7311—20 
an alien permitted to remain in the United States 
under section 107(c)(3)(A) of the Trafficking Victims 
Protection Act (22 U.S.C. 7105(c)(3)(A)); or 
‘‘(ii) the relative is an alien described in paragraph 
(2) or (3) of section 212(a) or paragraph (2) or (4) 
of section 237(a).’’. 
Subtitle B—Assistance for Trafficking 
Victims 
SEC. 
211. 
ASSISTANCE 
FOR 
CERTAIN 
NONIMMIGRANT 
STATUS 
APPLICANTS. 
(a) IN GENERAL.—Section 431(c) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) 
is amended— 
(1) in paragraph (2)(B), by striking ‘‘or’’ at the end; 
(2) in paragraph (3)(B), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (3) the following: 
‘‘(4) an alien who has been granted nonimmigrant status 
under section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application 
that sets forth a prima facie case for eligibility for such non-
immigrant status.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to applications for public benefits and public benefits 
provided on or after the date of the enactment of this Act without 
regard to whether regulations have been implemented to carry 
out such amendments. 
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 
(a) IN GENERAL.—Section 107(b)(1) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended— 
(1) in subparagraph (E)(i)(I), by inserting ‘‘or is unable 
to cooperate with such a request due to physical or psychological 
trauma’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(F) ELIGIBILITY
FOR
INTERIM
ASSISTANCE
OF
CHIL-
DREN.— 
‘‘(i) 
DETERMINATION.—Upon 
receiving 
credible 
information that a child described in subparagraph 
(C)(ii)(I) who is seeking assistance under this para-
graph may have been subjected to a severe form of 
trafficking in persons, the Secretary of Health and 
Human Services shall promptly determine if the child 
is eligible for interim assistance under this paragraph. 
The Secretary shall have exclusive authority to make 
interim eligibility determinations under this clause. 
A determination of interim eligibility under this clause 
shall not affect the independent determination whether 
a child is a victim of a severe form of trafficking. 
‘‘(ii) NOTIFICATION.—The Secretary of Health and 
Human Services shall notify the Attorney General and 
the Secretary of Homeland Security not later than 
24 hours after all interim eligibility determinations 
have been made under clause (i).
H. R. 7311—21 
‘‘(iii) DURATION.—Assistance under this paragraph 
may be provided to individuals determined to be 
eligible under clause (i) for a period of up to 90 days 
and may be extended for an additional 30 days. 
‘‘(iv) LONG-TERM ASSISTANCE FOR CHILDREN.— 
‘‘(I) ELIGIBILITY DETERMINATION.—Before the 
expiration of the period for interim assistance 
under clause (iii), the Secretary of Health and 
Human Services shall determine if the child 
referred to in clause (i) is eligible for assistance 
under this paragraph. 
‘‘(II) CONSULTATION.—In making a determina-
tion under subclause (I), the Secretary shall con-
sult with the Attorney General, the Secretary of 
Homeland 
Security, 
and 
nongovernmental 
organizations with expertise on victims of severe 
form of trafficking. 
‘‘(III) LETTER OF ELIGIBILITY.—If the Secretary, 
after receiving information the Secretary believes, 
taken as a whole, indicates that the child is eligible 
for assistance under this paragraph, the Secretary 
shall issue a letter of eligibility. The Secretary 
may not require that the child cooperate with law 
enforcement as a condition for receiving such letter 
of eligibility. 
‘‘(G) NOTIFICATION OF CHILDREN FOR INTERIM ASSIST-
ANCE.—Not later than 24 hours after a Federal, State, 
or local official discovers that a person who is under 18 
years of age may be a victim of a severe form of trafficking 
in persons, the official shall notify the Secretary of Health 
and Human Services to facilitate the provision of interim 
assistance under subparagraph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Section 107(c)(4) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(c)(4)) is amended— 
(1) by inserting ‘‘, the Department of Homeland Security, 
the Department of Health and Human Services,’’ after ‘‘the 
Department of State’’; and 
(2) by inserting ‘‘, including juvenile victims. The Attorney 
General and the Secretary of Health and Human Services shall 
provide training to State and local officials to improve the 
identification and protection of such victims’’ before the period 
at the end. 
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING 
IN PERSONS. 
(a) AMENDMENTS
TO TRAFFICKING VICTIMS PROTECTION ACT 
OF 2000.— 
(1) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL 
PERMANENT RESIDENTS.—Section 107 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting 
after subsection (e) the following: 
‘‘(f) ASSISTANCE
FOR UNITED STATES CITIZENS
AND LAWFUL 
PERMANENT RESIDENTS.— 
‘‘(1) IN GENERAL.—The Secretary of Health and Human 
Services and the Attorney General, in consultation with the 
Secretary of Labor, shall establish a program to assist United
H. R. 7311—22 
States citizens and aliens lawfully admitted for permanent 
residence (as defined in section 101(a)(20) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims 
of severe forms of trafficking. In determining the assistance 
that would be most beneficial for such victims, the Secretary 
and the Attorney General shall consult with nongovernmental 
organizations that provide services to victims of severe forms 
of trafficking in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addition to specialized 
services required for victims described in paragraph (1), the 
program established pursuant to paragraph (1) shall— 
‘‘(A) facilitate communication and coordination between 
the providers of assistance to such victims; 
‘‘(B) provide a means to identify such providers; and 
‘‘(C) provide a means to make referrals to programs 
for which such victims are already eligible, including pro-
grams administered by the Department of Justice and the 
Department of Health and Human Services. 
‘‘(3) GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary of Health and Human 
Services and the Attorney General may award grants to 
States, Indian tribes, units of local government, and non-
profit, nongovernmental victim service organizations to 
develop, expand, and strengthen victim service programs 
authorized under this subsection. 
‘‘(B) MAXIMUM FEDERAL SHARE.—The Federal share of 
a grant awarded under this paragraph may not exceed 
75 percent of the total costs of the projects described in 
the application submitted by the grantee.’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 113 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) 
is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘To carry out’’ and inserting the 
following: 
‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To carry 
out’’; and 
(ii) by adding at the end the following: 
‘‘(2) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.—To 
carry out the purposes of section 107(f), there are authorized 
to be appropriated to the Secretary of Health and Human 
Services— 
‘‘(A) $2,500,000 for fiscal year 2008; 
‘‘(B) $5,000,0000 for fiscal year 2009; 
‘‘(C) $7,000,000 for fiscal year 2010; and 
‘‘(D) $7,000,000 for fiscal year 2011.’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘To carry out the purposes of section 
107(b)’’ and inserting the following: 
‘‘(A) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To 
carry out the purposes of section 107(b)’’; 
(ii) by striking ‘‘To carry out the purposes of section 
134’’ and inserting the following: 
‘‘(B) ASSISTANCE TO FOREIGN COUNTRIES.—To carry out 
the purposes of section 134’’; and 
(iii) by adding at the end the following:
H. R. 7311—23 
‘‘(C) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.— 
To carry out the purposes of section 107(f), there are 
authorized to be appropriated to the Attorney General— 
‘‘(i) $2,500,000 for fiscal year 2008; 
‘‘(ii) $5,000,0000 for fiscal year 2009; 
‘‘(iii) $7,000,000 for fiscal year 2010; and 
‘‘(iv) $7,000,000 for fiscal year 2011.’’. 
(3) TECHNICAL ASSISTANCE.—Section 107(b)(2)(B)(ii) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(b)(2)(B)(ii)) is amended to read as follows: 
‘‘(ii) 5 percent for training and technical assistance, 
including increasing capacity and expertise on security 
for and protection of service providers from intimida-
tion or retaliation for their activities.’’. 
(b) STUDY.— 
(1) REQUIREMENT.—Not later than 1 year after the date 
of the enactment of this Act, the Attorney General and the 
Secretary of Health and Human Services shall submit a report 
to the appropriate congressional committees that identifies the 
existence and extent of any service gap between victims 
described in section 107(b)(1) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7105) and individuals described 
in section 107(f) of such Act, as amended by section 213(a) 
of this Act. 
(2) ELEMENTS.—In carrying out the study under subpara-
graph (1), the Attorney General and the Secretary of Health 
and Human Services shall— 
(A) investigate factors relating to the legal ability of 
the victims described in paragraph (1) to access govern-
ment-funded social services in general, including the 
application of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(5)) and 
the Illegal Immigration and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104–208; 110 Stat. 3009 
et seq.); 
(B) investigate any other impediments to the access 
of the victims described in paragraph (1) to government- 
funded social services; 
(C) investigate any impediments to the access of the 
victims described in paragraph (1) to government-funded 
services targeted to victims of severe forms of trafficking; 
(D) investigate the effect of trafficking service-provider 
infrastructure development, continuity of care, and avail-
ability of caseworkers on the eventual restoration and 
rehabilitation of the victims described in paragraph (1); 
and 
(E) include findings, best practices, and recommenda-
tions, if any, based on the study of the elements described 
in subparagraphs (A) through (D) and any other related 
information.
H. R. 7311—24 
Subtitle C—Penalties Against Traffickers 
and Other Crimes 
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF 
CIVIL ACTION. 
Chapter 77 of title 18, United States Code, is amended— 
(1) in section 1593(b), by adding at the end the following: 
‘‘(4) The forfeiture of property under this subsection shall be 
governed by the provisions of section 413 (other than subsection 
(d) of such section) of the Controlled Substances Act (21 U.S.C. 
853).’’; and 
(2) in section 1595— 
(A) in subsection (a)— 
(i) by striking ‘‘of section 1589, 1590, or 1591’’; 
and 
(ii) by inserting ‘‘(or whoever knowingly benefits, 
financially or by receiving anything of value from 
participation in a venture which that person knew 
or should have known has engaged in an act in viola-
tion of this chapter)’’ after ‘‘perpetrator’’; and 
(B) by adding at the end the following: 
‘‘(c) No action may be maintained under this section unless 
it is commenced not later than 10 years after the cause of action 
arose.’’. 
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES. 
(a) DETENTION.—Section 3142(e) of title 18, United States Code, 
is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘If, after a hearing’’; 
(3) by inserting ‘‘(2)’’ before ‘‘In a case’’; 
(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebuttal’’; 
(5) by striking ‘‘paragraph (1) of this subsection’’ each place 
it appears and inserting ‘‘subparagraph (A)’’; 
(6) in paragraph (3), as redesignated— 
(A) by striking ‘‘committed an offense’’ and inserting 
the following: ‘‘committed— 
‘‘(A) an offense’’; 
(B) by striking ‘‘46, an offense’’ and inserting the fol-
lowing: ‘‘46; 
‘‘(B) an offense’’; 
(C) by striking ‘‘title, or an offense’’ and inserting the 
following: ‘‘title; 
‘‘(C) an offense’’; and 
(D) by striking ‘‘prescribed or an offense’’ and inserting 
the following: ‘‘prescribed; 
‘‘(D) an offense under chapter 77 of this title for which 
a maximum term of imprisonment of 20 years or more is 
prescribed; or 
‘‘(E) an offense’’. 
(b) PREVENTING OBSTRUCTION.— 
(1) ENTICEMENT INTO SLAVERY.—Section 1583 of title 18, 
United States Code, is amended to read as follows:
H. R. 7311—25 
‘‘§ 1583. Enticement into slavery 
‘‘(a) Whoever— 
‘‘(1) kidnaps or carries away any other person, with the 
intent that such other person be sold into involuntary servitude, 
or held as a slave; 
‘‘(2) entices, persuades, or induces any other person to 
go on board any vessel or to any other place with the intent 
that he or she may be made or held as a slave, or sent out 
of the country to be so made or held; or 
‘‘(3) obstructs, or attempts to obstruct, or in any way inter-
feres with or prevents the enforcement of this section, 
shall be fined under this title, imprisoned not more than 20 years, 
or both. 
‘‘(b) Whoever violates this section shall be fined under this 
title, imprisoned for any term of years or for life, or both if— 
‘‘(1) the violation results in the death of the victim; or 
‘‘(2) the violation includes kidnaping, an attempt to kidnap, 
aggravated sexual abuse, an attempt to commit aggravated 
sexual abuse, or an attempt to kill.’’. 
(2) SALE INTO INVOLUNTARY SERVITUDE.—Section 1584 of 
such title is amended— 
(A) by striking ‘‘Whoever’’ and inserting the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties described in subsection (a).’’. 
(3) PUNISHING FINANCIAL GAIN FROM TRAFFICKED LABOR.— 
Section 1589 of such title is amended to read as follows: 
‘‘SEC. 1589. FORCED LABOR. 
‘‘(a) Whoever knowingly provides or obtains the labor or services 
of a person by any one of, or by any combination of, the following 
means— 
‘‘(1) by means of force, threats of force, physical restraint, 
or threats of physical restraint to that person or another person; 
‘‘(2) by means of serious harm or threats of serious harm 
to that person or another person; 
‘‘(3) by means of the abuse or threatened abuse of law 
or legal process; or 
‘‘(4) by means of any scheme, plan, or pattern intended 
to cause the person to believe that, if that person did not 
perform such labor or services, that person or another person 
would suffer serious harm or physical restraint, 
shall be punished as provided under subsection (d). 
‘‘(b) Whoever knowingly benefits, financially or by receiving 
anything of value, from participation in a venture which has 
engaged in the providing or obtaining of labor or services by any 
of the means described in subsection (a), knowing or in reckless 
disregard of the fact that the venture has engaged in the providing 
or obtaining of labor or services by any of such means, shall be 
punished as provided in subsection (d). 
‘‘(c) In this section: 
‘‘(1) The term ‘abuse or threatened abuse of law or legal 
process’ means the use or threatened use of a law or legal 
process, whether administrative, civil, or criminal, in any 
manner or for any purpose for which the law was not designed,
H. R. 7311—26 
in order to exert pressure on another person to cause that 
person to take some action or refrain from taking some action. 
‘‘(2) The term ‘serious harm’ means any harm, whether 
physical or nonphysical, including psychological, financial, or 
reputational harm, that is sufficiently serious, under all the 
surrounding circumstances, to compel a reasonable person of 
the same background and in the same circumstances to perform 
or to continue performing labor or services in order to avoid 
incurring that harm. 
‘‘(d) Whoever violates this section shall be fined under this 
title, imprisoned not more than 20 years, or both. If death results 
from a violation of this section, or if the violation includes kid-
naping, an attempt to kidnap, aggravated sexual abuse, or an 
attempt to kill, the defendant shall be fined under this title, impris-
oned for any term of years or life, or both.’’. 
(4) TRAFFICKING.—Section 1590 of such title is amended— 
(A) by striking ‘‘Whoever’’ and inserting the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties under subsection (a).’’. 
(5) SEX TRAFFICKING OF CHILDREN.—Section 1591 of such 
title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘or obtains’’ and 
inserting ‘‘obtains, or maintains’’; and 
(ii) in the matter following paragraph (2), by 
striking ‘‘that force, fraud, or coercion described in 
subsection (c)(2)’’ and inserting ‘‘, or in reckless dis-
regard of the fact, that means of force, threats of 
force, fraud, coercion described in subsection (e)(2), 
or any combination of such means’’; 
(B) by redesignating subsection (c) as subsection (e); 
(C) in subsection (b)(1), by striking ‘‘force, fraud, or 
coercion’’ and inserting ‘‘means of force, threats of force, 
fraud, or coercion described in subsection (e)(2), or by any 
combination of such means,’’; 
(D) by inserting after subsection (b) the following: 
‘‘(c) In a prosecution under subsection (a)(1) in which the 
defendant had a reasonable opportunity to observe the person so 
recruited, enticed, harbored, transported, provided, obtained or 
maintained, the Government need not prove that the defendant 
knew that the person had not attained the age of 18 years. 
‘‘(d) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be fined under this title, imprisoned for a term not to exceed 
20 years, or both.’’; 
(E) in subsection (e), as redesignated— 
(i) by redesignating paragraph (3) as paragraph 
(5); 
(ii) by redesignating paragraph (1) as paragraph 
(3); 
(iii) by inserting before paragraph (2) the following: 
‘‘(1) The term ‘abuse or threatened abuse of law or legal 
process’ means the use or threatened use of a law or legal 
process, whether administrative, civil, or criminal, in any
H. R. 7311—27 
manner or for any purpose for which the law was not designed, 
in order to exert pressure on another person to cause that 
person to take some action or refrain from taking some action.’’; 
and 
(iv) by inserting after paragraph (3), as redesig-
nated, the following: 
‘‘(4) The term ‘serious harm’ means any harm, whether 
physical or nonphysical, including psychological, financial, or 
reputational harm, that is sufficiently serious, under all the 
surrounding circumstances, to compel a reasonable person of 
the same background and in the same circumstances to perform 
or to continue performing commercial sexual activity in order 
to avoid incurring that harm.’’. 
(6) UNLAWFUL
CONDUCT.—Section 1592 of such title is 
amended by adding at the end the following: 
‘‘(c) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties described in subsection (a).’’. 
(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Section 1594 of 
title 18, United States Code, is amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the following: 
‘‘(b) Whoever conspires with another to violate section 1581, 
1583, 1589, 1590, or 1592 shall be punished in the same manner 
as a completed violation of such section. 
‘‘(c) Whoever conspires with another to violate section 1591 
shall be fined under this title, imprisoned for any term of years 
or for life, or both.’’. 
(d) BENEFITTING FINANCIALLY FROM PEONAGE, SLAVERY, AND 
TRAFFICKING IN PERSONS.— 
(1) IN GENERAL.—Chapter 77 of title 18, United States 
Code, is amended by inserting after section 1593 the following: 
‘‘§ 1593A. Benefitting financially from peonage, slavery, and 
trafficking in persons 
‘‘Whoever knowingly benefits, financially or by receiving any-
thing of value, from participation in a venture which has engaged 
in any act in violation of section 1581(a), 1592, or 1595(a), knowing 
or in reckless disregard of the fact that the venture has engaged 
in such violation, shall be fined under this title or imprisoned 
in the same manner as a completed violation of such section.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1593 the following: 
‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in per-
sons.’’. 
(e) RETALIATION
IN FOREIGN LABOR CONTRACTING.—Chapter 
63 of title 18, United States Code, is amended— 
(1) in the chapter heading, by adding at the end the fol-
lowing: ‘‘AND OTHER FRAUD OFFENSES’’; 
(2) by adding at the end the following:
H. R. 7311—28 
‘‘§ 1351. Fraud in foreign labor contracting 
‘‘Whoever knowingly and with intent to defraud recruits, solicits 
or hires a person outside the United States for purposes of employ-
ment in the United States by means of materially false or fraudulent 
pretenses, representations or promises regarding that employment 
shall be fined under this title or imprisoned for not more than 
5 years, or both.’’; and 
(3) in the table of sections, by inserting after the item 
relating to section 1350 the following: 
‘‘1351. Fraud in foreign labor contracting.’’. 
(f) TIGHTENING IMMIGRATION PROHIBITIONS.— 
(1) GROUND OF INADMISSIBILITY FOR TRAFFICKING.—Section 
212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)(H)(i)) is amended by striking ‘‘who is listed in a 
report submitted pursuant to section 111(b) of the Trafficking 
Victims Protection Act of 2000’’ and inserting ‘‘who commits 
or conspires to commit human trafficking offenses in the United 
States or outside the United States’’. 
(2) GROUND OF REMOVABILITY.—Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(F) TRAFFICKING.—Any alien described in section 
212(a)(2)(H) is deportable.’’. 
(g) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its 
authority under section 994 of title 28, United States Code, the 
United States Sentencing Commission shall review and, if appro-
priate, amend the sentencing guidelines and policy statements 
applicable to persons convicted of alien harboring to ensure con-
formity with the sentencing guidelines applicable to persons con-
victed of promoting a commercial sex act if— 
(1) the harboring was committed in furtherance of prostitu-
tion; and 
(2) the defendant to be sentenced is an organizer, leader, 
manager, or supervisor of the criminal activity. 
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES. 
(a) IN GENERAL.—Chapter 77 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 1596. Additional jurisdiction in certain trafficking offenses 
‘‘(a) IN GENERAL.—In addition to any domestic or extra-terri-
torial jurisdiction otherwise provided by law, the courts of the 
United States have extra-territorial jurisdiction over any offense 
(or any attempt or conspiracy to commit an offense) under section 
1581, 1583, 1584, 1589, 1590, or 1591 if— 
‘‘(1) an alleged offender is a national of the United States 
or an alien lawfully admitted for permanent residence (as those 
terms are defined in section 101 of the Immigration and Nation-
ality Act (8 U.S.C. 1101)); or 
‘‘(2) an alleged offender is present in the United States, 
irrespective of the nationality of the alleged offender. 
‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES PROSECUTED 
IN OTHER COUNTRIES.—No prosecution may be commenced against 
a person under this section if a foreign government, in accordance 
with jurisdiction recognized by the United States, has prosecuted 
or is prosecuting such person for the conduct constituting such
H. R. 7311—29 
offense, except upon the approval of the Attorney General or the 
Deputy Attorney General (or a person acting in either such 
capacity), which function of approval may not be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 77 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER 
PENALTIES FOR SEX TRAFFICKING. 
(a) RELEASE AND DETENTION.—Subsections (f)(1)(A) and (g)(1) 
of section 3142 of title 18, United States Code, are amended by 
striking ‘‘violence,’’ each place such term appears and inserting 
‘‘violence, a violation of section 1591,’’. 
(b) SUBPOENAS.—Section 3486(a)(1)(D) of title 18, United States 
Code, is amended by inserting ‘‘1591,’’ after ‘‘1201,’’. 
(c) REPEAT
OFFENDERS.—Section 2426(b)(1)(A) of title 18, 
United States Code, is amended, by striking ‘‘or chapter 110’’ and 
inserting ‘‘chapter 110, or section 1591’’. 
SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT. 
(a) RELATIONSHIP AMONG FEDERAL AND STATE LAW.—Nothing 
in this Act, the Trafficking Victims Protection Act of 2000, the 
Trafficking Victims Protection Reauthorization Act of 2003, the 
Trafficking Victims Protection Reauthorization Act of 2005, chapters 
77 and 117 of title 18, United States Code, or any model law 
issued by the Department of Justice to carry out the purposes 
of any of the aforementioned statutes— 
(1) may be construed to treat prostitution as a valid form 
of employment under Federal law; or 
(2) shall preempt, supplant, or limit the effect of any State 
or Federal criminal law. 
(b) MODEL STATE CRIMINAL PROVISIONS.—In addition to any 
model State antitrafficking statutes in effect on the date of the 
enactment of this Act, the Attorney General shall facilitate the 
promulgation of a model State statute that— 
(1) furthers a comprehensive approach to investigation and 
prosecution through modernization of State and local prostitu-
tion and pandering statutes; and 
(2) is based in part on the provisions of the Act of August 
15, 1935 (49 Stat. 651; D.C. Code 22–2701 et seq.) (relating 
to prostitution and pandering). 
(c) DISTRIBUTION.—The model statute described in subsection 
(b) and the text of chapter 27 of the Criminal Code of the District 
of Columbia (D.C. Code 22–2701 et seq.) shall be— 
(1) posted on the website of the Department of Justice; 
and 
(2) distributed to the Attorney General of each State. 
Subtitle D—Activities of the United States 
Government 
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 
Section 105(d)(7) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A)—
H. R. 7311—30 
(A) by striking ‘‘section 107(b)’’ and inserting ‘‘sub-
sections (b) and (f) of section 107’’; and 
(B) by inserting ‘‘the Attorney General,’’ after ‘‘the 
Secretary of Labor,’’; 
(2) in subparagraph (G), by striking ‘‘and’’ at the end; 
(3) by redesignating subparagraph (H) as subparagraph 
(J); and 
(4) by inserting after subparagraph (G) the following: 
‘‘(H) activities by the Department of Defense to combat 
trafficking in persons, including— 
‘‘(i) educational efforts for, and disciplinary actions 
taken against, members of the United States Armed 
Forces; 
‘‘(ii) the development of materials used to train 
the armed forces of foreign countries; and 
‘‘(iii) efforts to ensure that United States Govern-
ment contractors and their employees or United States 
Government subcontractors and their employees do not 
engage in trafficking in persons; 
‘‘(I) activities or actions by Federal departments and 
agencies to enforce— 
‘‘(i) section 106(g) and any similar law, regulation, 
or policy relating to United States Government contrac-
tors and their employees or United States Government 
subcontractors and their employees that engage in 
severe forms of trafficking in persons, the procurement 
of commercial sex acts, or the use of forced labor, 
including debt bondage; 
‘‘(ii) section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307; relating to prohibition on importation of convict- 
made goods), including any determinations by the Sec-
retary of Homeland Security to waive the restrictions 
of such section; and 
‘‘(iii) prohibitions on the procurement by the 
United States Government of items or services pro-
duced by slave labor, consistent with Executive Order 
13107 (December 10, 1998); and’’. 
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL. 
(a) IN GENERAL.—For each of the fiscal years 2010 through 
2012, the Inspectors General of the Department of Defense, the 
Department of State, and the United States Agency for Inter-
national Development shall investigate a sample of the contracts 
described in subsection (b). 
(b) CONTRACTS DESCRIBED.— 
(1) IN
GENERAL.—The contracts described in subsection 
(a) are contracts, or subcontracts at any tier, under which 
there is a heightened risk that a contractor may engage, know-
ingly or unknowingly, in acts related to trafficking in persons, 
such as— 
(A) confiscation of an employee’s passport; 
(B) restriction on an employee’s mobility; 
(C) abrupt or evasive repatriation of an employee; 
(D) deception of an employee regarding the work des-
tination; or 
(E) acts otherwise described in section 106(g) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104).
H. R. 7311—31 
(2) CONSULTATION AND INFORMATION RECEIVED.—In deter-
mining the type of contact that should be investigated pursuant 
to subsection (a), the Inspectors General shall— 
(A) consult with the Director of the Office to Combat 
Trafficking in Persons of the Department of State; and 
(B) take into account any credible information received 
regarding report of trafficking in persons. 
(c) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not later than January 15, 2009, and 
annually thereafter through January 15, 2011, each Inspector 
General shall submit a report to the congressional committees 
listed in paragraph (3)— 
(A) summarizing the findings of the investigations con-
ducted in the previous year, including any findings 
regarding trafficking in persons or any improvements 
needed to prevent trafficking in persons; and 
(B) in the case of any contractor or subcontractor with 
regard to which the Inspector General has found substan-
tial evidence of trafficking in persons, report as to— 
(i) whether or not the case has been referred for 
prosecution; and 
(ii) whether or not the case has been treated in 
accordance with section 106(g) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7104) (relating 
to termination of certain grants, contracts and coopera-
tive agreements). 
(2) JOINT REPORT.—The Inspectors General described in 
subsection (a) may submit their reports jointly. 
(3) CONGRESSIONAL COMMITTEES.—The committees list in 
this paragraph are— 
(A) the Committee on Armed Services of the Senate; 
(B) the Committee on Foreign Relations of the Senate; 
(C) the Committee on Armed Services of the House 
of Representatives; and 
(D) the Committee on Foreign Affairs of the House 
of Representatives. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Reauthoriza-
tion Act of 2005 (42 U.S.C. 14044d) is amended by striking ‘‘, 
as the department or agency determines appropriate,’’. 
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(2)(H)(i)) is amended by striking ‘‘consular officer’’ 
and inserting ‘‘consular officer, the Secretary of Homeland Security, 
the Secretary of State,’’. 
SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF 
CHILDREN. 
(a) COMBATING CHILD TRAFFICKING AT THE BORDER AND PORTS 
OF ENTRY OF THE UNITED STATES.— 
(1) POLICIES AND PROCEDURES.—In order to enhance the 
efforts of the United States to prevent trafficking in persons, 
the Secretary of Homeland Security, in conjunction with the 
Secretary of State, the Attorney General, and the Secretary 
of Health and Human Services, shall develop policies and proce-
dures to ensure that unaccompanied alien children in the
H. R. 7311—32 
United States are safely repatriated to their country of nation-
ality or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CONTIGUOUS COUN-
TRIES.— 
(A) DETERMINATIONS.—Any unaccompanied alien child 
who is a national or habitual resident of a country that 
is contiguous with the United States shall be treated in 
accordance with subparagraph (B), if the Secretary of 
Homeland Security determines, on a case-by-case basis, 
that— 
(i) such child has not been a victim of a severe 
form of trafficking in persons, and there is no credible 
evidence that such child is at risk of being trafficked 
upon return to the child’s country of nationality or 
of last habitual residence; 
(ii) such child does not have a fear of returning 
to the child’s country of nationality or of last habitual 
residence owing to a credible fear of persecution; and 
(iii) the child is able to make an independent deci-
sion to withdraw the child’s application for admission 
to the United States. 
(B) RETURN.—An immigration officer who finds an 
unaccompanied alien child described in subparagraph (A) 
at a land border or port of entry of the United States 
and determines that such child is inadmissible under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
may— 
(i) permit such child to withdraw the child’s 
application for admission pursuant to section 235(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 
1225(a)(4)); and 
(ii) return such child to the child’s country of 
nationality or country of last habitual residence. 
(C) CONTIGUOUS
COUNTRY
AGREEMENTS.—The Sec-
retary of State shall negotiate agreements between the 
United States and countries contiguous to the United 
States with respect to the repatriation of children. Such 
agreements shall be designed to protect children from 
severe forms of trafficking in persons, and shall, at a min-
imum, provide that— 
(i) no child shall be returned to the child’s country 
of nationality or of last habitual residence unless 
returned 
to 
appropriate 
employees 
or 
officials, 
including child welfare officials where available, of the 
accepting country’s government; 
(ii) no child shall be returned to the child’s country 
of nationality or of last habitual residence outside of 
reasonable business hours; and 
(iii) border personnel of the countries that are 
parties to such agreements are trained in the terms 
of such agreements. 
(3) RULE FOR OTHER CHILDREN.—The custody of unaccom-
panied alien children not described in paragraph (2)(A) who 
are apprehended at the border of the United States or at 
a United States port of entry shall be treated in accordance 
with subsection (b).
H. R. 7311—33 
(4) SCREENING.—Within 48 hours of the apprehension of 
a child who is believed to be described in paragraph (2)(A), 
but in any event prior to returning such child to the child’s 
country of nationality or of last habitual residence, the child 
shall be screened to determine whether the child meets the 
criteria listed in paragraph (2)(A). If the child does not meet 
such criteria, or if no determination can be made within 48 
hours of apprehension, the child shall immediately be trans-
ferred to the Secretary of Health and Human Services and 
treated in accordance with subsection (b). Nothing in this para-
graph may be construed to preclude an earlier transfer of 
the child. 
(5) ENSURING THE SAFE REPATRIATION OF CHILDREN.— 
(A) REPATRIATION PILOT PROGRAM.—To protect children 
from trafficking and exploitation, the Secretary of State 
shall create a pilot program, in conjunction with the Sec-
retary of Health and Human Services and the Secretary 
of Homeland Security, nongovernmental organizations, and 
other national and international agencies and experts, to 
develop and implement best practices to ensure the safe 
and sustainable repatriation and reintegration of unaccom-
panied alien children into their country of nationality or 
of last habitual residence, including placement with their 
families, legal guardians, or other sponsoring agencies. 
(B) ASSESSMENT OF COUNTRY CONDITIONS.—The Sec-
retary of Homeland Security shall consult the Department 
of State’s Country Reports on Human Rights Practices 
and the Trafficking in Persons Report in assessing whether 
to repatriate an unaccompanied alien child to a particular 
country. 
(C) REPORT
ON
REPATRIATION
OF
UNACCOMPANIED 
ALIEN CHILDREN.—Not later than 18 months after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of State and the Secretary of Health and Human 
Services, with assistance from the Secretary of Homeland 
Security, shall submit a report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary 
of the House of Representatives on efforts to improve repa-
triation programs for unaccompanied alien children. Such 
report shall include— 
(i) the number of unaccompanied alien children 
ordered removed and the number of such children actu-
ally removed from the United States; 
(ii) a statement of the nationalities, ages, and 
gender of such children; 
(iii) a description of the policies and procedures 
used to effect the removal of such children from the 
United States and the steps taken to ensure that such 
children were safely and humanely repatriated to their 
country of nationality or of last habitual residence, 
including a description of the repatriation pilot pro-
gram created pursuant to subparagraph (A); 
(iv) a description of the type of immigration relief 
sought and denied to such children; 
(v) any information gathered in assessments of 
country and local conditions pursuant to paragraph 
(2); and
H. R. 7311—34 
(vi) statistical information and other data on 
unaccompanied alien children as provided for in section 
462(b)(1)(J) of the Homeland Security Act of 2002 (6 
U.S.C. 279(b)(1)(J)). 
(D) 
PLACEMENT
IN
REMOVAL
PROCEEDINGS.—Any 
unaccompanied alien child sought to be removed by the 
Department of Homeland Security, except for an unaccom-
panied alien child from a contiguous country subject to 
exceptions under subsection (a)(2), shall be— 
(i) placed in removal proceedings under section 
240 of the Immigration and Nationality Act (8 U.S.C. 
1229a); 
(ii) eligible for relief under section 240B of such 
Act (8 U.S.C. 1229c) at no cost to the child; and 
(iii) provided access to counsel in accordance with 
subsection (c)(5). 
(b) COMBATING CHILD TRAFFICKING AND EXPLOITATION IN THE 
UNITED STATES.— 
(1) CARE AND CUSTODY OF UNACCOMPANIED ALIEN CHIL-
DREN.—Consistent with section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279), and except as otherwise provided 
under subsection (a), the care and custody of all unaccompanied 
alien children, including responsibility for their detention, 
where appropriate, shall be the responsibility of the Secretary 
of Health and Human Services. 
(2) NOTIFICATION.—Each department or agency of the Fed-
eral Government shall notify the Department of Health and 
Human services within 48 hours upon— 
(A) the apprehension or discovery of an unaccompanied 
alien child; or 
(B) any claim or suspicion that an alien in the custody 
of such department or agency is under 18 years of age. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN
CHILDREN.— 
Except in the case of exceptional circumstances, any department 
or agency of the Federal Government that has an unaccom-
panied alien child in custody shall transfer the custody of 
such child to the Secretary of Health and Human Services 
not later than 72 hours after determining that such child is 
an unaccompanied alien child. 
(4) AGE DETERMINATIONS.—The Secretary of Health and 
Human Services, in consultation with the Secretary of Home-
land Security, shall develop procedures to make a prompt deter-
mination of the age of an alien, which shall be used by the 
Secretary of Homeland Security and the Secretary of Health 
and Human Services for children in their respective custody. 
At a minimum, these procedures shall take into account mul-
tiple forms of evidence, including the non-exclusive use of 
radiographs, to determine the age of the unaccompanied alien. 
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary of Health and 
Human Services, Secretary of Homeland Security, Attorney 
General, and Secretary of State shall establish policies and 
programs to ensure that unaccompanied alien children in the 
United States are protected from traffickers and other persons 
seeking to victimize or otherwise engage such children in 
criminal, harmful, or exploitative activity, including policies
H. R. 7311—35 
and programs reflecting best practices in witness security pro-
grams. 
(2) SAFE
AND
SECURE
PLACEMENTS.—Subject to section 
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(2)), an unaccompanied alien child in the custody of the 
Secretary of Health and Human Services shall be promptly 
placed in the least restrictive setting that is in the best interest 
of the child. In making such placements, the Secretary may 
consider danger to self, danger to the community, and risk 
of flight. Placement of child trafficking victims may include 
placement in an Unaccompanied Refugee Minor program, 
pursuant to section 412(d) of the Immigration and Nationality 
Act (8 U.S.C. 1522(d)), if a suitable family member is not 
available to provide care. A child shall not be placed in a 
secure facility absent a determination that the child poses 
a danger to self or others or has been charged with having 
committed a criminal offense. The placement of a child in 
a secure facility shall be reviewed, at a minimum, on a monthly 
basis, in accordance with procedures prescribed by the Sec-
retary, to determine if such placement remains warranted. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
(A) IN
GENERAL.—Subject to the requirements of 
subparagraph (B), an unaccompanied alien child may not 
be placed with a person or entity unless the Secretary 
of Health and Human Services makes a determination 
that the proposed custodian is capable of providing for 
the child’s physical and mental well-being. Such determina-
tion shall, at a minimum, include verification of the 
custodian’s identity and relationship to the child, if any, 
as well as an independent finding that the individual has 
not engaged in any activity that would indicate a potential 
risk to the child. 
(B) HOME STUDIES.—Before placing the child with an 
individual, the Secretary of Health and Human Services 
shall determine whether a home study is first necessary. 
A home study shall be conducted for a child who is a 
victim of a severe form of trafficking in persons, a special 
needs child with a disability (as defined in section 3 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(2))), a child who has been a victim of physical or 
sexual abuse under circumstances that indicate that the 
child’s health or welfare has been significantly harmed 
or threatened, or a child whose proposed sponsor clearly 
presents a risk of abuse, maltreatment, exploitation, or 
trafficking to the child based on all available objective 
evidence. The Secretary of Health and Human Services 
shall conduct follow-up services, during the pendency of 
removal proceedings, on children for whom a home study 
was conducted and is authorized to conduct follow-up serv-
ices in cases involving children with mental health or other 
needs who could benefit from ongoing assistance from a 
social welfare agency. 
(C) ACCESS TO INFORMATION.—Not later than 2 weeks 
after receiving a request from the Secretary of Health 
and Human Services, the Secretary of Homeland Security 
shall provide information necessary to conduct suitability
H. R. 7311—36 
assessments from appropriate Federal, State, and local law 
enforcement and immigration databases. 
(4) LEGAL ORIENTATION PRESENTATIONS.—The Secretary of 
Health and Human Services shall cooperate with the Executive 
Office for Immigration Review to ensure that custodians receive 
legal orientation presentations provided through the Legal Ori-
entation Program administered by the Executive Office for 
Immigration Review. At a minimum, such presentations shall 
address the custodian’s responsibility to attempt to ensure the 
child’s appearance at all immigration proceedings and to protect 
the child from mistreatment, exploitation, and trafficking. 
(5) ACCESS
TO
COUNSEL.—The Secretary of Health and 
Human Services shall ensure, to the greatest extent practicable 
and consistent with section 292 of the Immigration and Nation-
ality Act (8 U.S.C. 1362), that all unaccompanied alien children 
who are or have been in the custody of the Secretary or the 
Secretary of Homeland Security, and who are not described 
in subsection (a)(2)(A), have counsel to represent them in legal 
proceedings or matters and protect them from mistreatment, 
exploitation, and trafficking. To the greatest extent practicable, 
the Secretary of Health and Human Services shall make every 
effort to utilize the services of pro bono counsel who agree 
to provide representation to such children without charge. 
(6) CHILD
ADVOCATES.—The Secretary of Health and 
Human Services is authorized to appoint independent child 
advocates for child trafficking victims and other vulnerable 
unaccompanied alien children. A child advocate shall be pro-
vided access to materials necessary to effectively advocate for 
the best interest of the child. The child advocate shall not 
be compelled to testify or provide evidence in any proceeding 
concerning any information or opinion received from the child 
in the course of serving as a child advocate. The child advocate 
shall be presumed to be acting in good faith and be immune 
from civil and criminal liability for lawful conduct of duties 
as described in this provision. 
(d) PERMANENT PROTECTION FOR CERTAIN AT-RISK CHILDREN.— 
(1) IN GENERAL.—Section 101(a)(27)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(A) in clause (i), by striking ‘‘State and who has been 
deemed eligible by that court for long-term foster care 
due to abuse, neglect, or abandonment;’’ and inserting 
‘‘State, or an individual or entity appointed by a State 
or juvenile court located in the United States, and whose 
reunification with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or a 
similar basis found under State law;’’; and 
(B) in clause (iii)— 
(i) in the matter preceding subclause (I), by 
striking ‘‘the Attorney General expressly consents to 
the dependency order serving as a precondition to the 
grant of special immigrant juvenile status;’’ and 
inserting ‘‘the Secretary of Homeland Security consents 
to the grant of special immigrant juvenile status,’’; 
and 
(ii) in subclause (I), by striking ‘‘in the actual 
or constructive custody of the Attorney General unless