tage or private financial gain, knowingly arranges, in-
duces, or procures the travel of a person in foreign com-
merce for the purpose of engaging in any commercial sex 
act (as defined in section 2429), or attempts to do so, 
shall be fined under this title, imprisoned not more than 
10 years, or both. 
‘‘(b) INCREASED PENALTY FOR OFFENSES INVOLV-
ING CHILDREN.—If the commercial sex act is with a per-
son under 18 years of age, the maximum term of impris-
onment for an offense under this section is 30 years.’’; 
(2) AMENDMENT
TO
TABLE
OF
SECTIONS.— 
The table of sections at the beginning of chapter 
117 of title 18, United States Code, is amended by 
inserting at the end the following new item: 
‘‘2431. Sex tourism.’’. 
(h) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall 
review and, if appropriate, amend the sentencing guide-
lines and policy statements applicable— 
(1) to persons convicted of offenses created by 
this section other than those created by subsections 
(f) and (g), to ensure conformity with the United 
States Sentencing Guidelines, sections 2H4.1 (peon-
age offenses) and 2H4.2 (labor offenses); and
(2) to persons convicted of offenses created by 
subsection (f) or (g) of this section, to ensure con-
formity with the United States Sentencing Guide-
lines, sections 2G1.1 (promoting commercial sex acts 
with persons other than minors) and 2G1.3 (pro-
moting commercial sex acts or prohibited sexual con-
duct with a minor, and related offenses. 
SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OF-
FENSES. 
(a) IN GENERAL.—Chapter 77 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1596. Additional jurisdiction in certain trafficking 
offenses 
‘‘(a) IN GENERAL.—In addition to any domestic or 
extra-territorial jurisdiction otherwise provided by law, the 
courts of the United States have extra-territorial jurisdic-
tion over any offense (or any attempt or conspiracy to 
commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 2429 if— 
‘‘(1) an alleged offender or victim of the offense 
is a national of the United States or an alien law-
fully admitted for permanent residence (as those 
terms are defined in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101)); or
‘‘(2) an alleged offender is present in the 
United States, irrespective of the nationality of the 
alleged offender. 
‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES 
PROSECUTED
IN OTHER COUNTRIES.—No prosecution 
may be commenced against a person under this section 
if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is pros-
ecuting such person for the conduct constituting such of-
fense, except upon the approval of the Attorney General 
or the Deputy Attorney General (or a person acting in 
either such capacity), which function of approval may not 
be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 77 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO 
TRAFFICKING. 
(a) ALIENS ENTERING THE UNITED STATES.— 
(1) IN GENERAL.—Section 278 of the Immigra-
tion and Nationality Act (8 U.S.C. 1328) is amend-
ed to read as follows:
‘‘ALIENS IN PROSTITUTION 
‘‘SEC. 278. (a) GENERALLY.—Whoever, for the pur-
poses of prostitution or for any other sexual activity for 
which any person can be charged with a criminal offense— 
‘‘(1) knowingly imports or attempts to import 
any alien; or 
‘‘(2) knowing or in reckless disregard of the 
fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United 
States, knowingly holds, keeps, maintains, supports, 
employs, or harbors the individual in any place in 
the United States, including any building or any 
means of transportation, or attempts to do so, 
shall be fined under title 18, United States Code, or im-
prisoned not more than 10 years, or both. 
‘‘(b) SPECIAL EVIDENTIARY RULE.—In all prosecu-
tions under this section, the testimony of a husband or 
wife shall be admissible and competent evidence against 
each other.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by amending the item relating to section 
278 to read as follows: 
‘‘Sec. 278. Aliens in prostitution.’’. 
(b) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall 
review and, if appropriate, amend the sentencing guide-
lines and policy statements applicable to persons convicted 
of offenses created by this section to ensure conformity 
with the United States Sentencing Guidelines, section 
2H4.1 (peonage offenses) in violations involving a holding 
under section 278(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1328(a)(2)), and section.2G1.1 other-
wise. 
(c) IMBRA VIOLATIONS.—Section 833(d)(5)(B) of 
the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109–162) is 
amended by striking ‘‘interstate or foreign commerce, an 
international marriage broker that, within the special mar-
itime and territorial jurisdiction of the United States, vio-
lates’’ and inserting ‘‘interstate or foreign commerce or 
within the special maritime and territorial jurisdiction of 
the United States, an international marriage broker that 
violates’’. 
SEC. 224. NEW MODEL STATUTE PROVIDED TO STATES. 
(a) NEW MODEL STATUTE.—The Attorney General 
shall provide a new model law for State anti-trafficking 
offenses that shall reflect all concepts relating to traf-
ficking in persons included in Chapters 77 and 117 of title
18, United States Code, as amended by this title, includ-
ing crimes related to forced labor, sex trafficking, and re-
lated offenses, with the elements of force, fraud or coer-
cion or age in sex trafficking used as the bases for aggra-
vated crimes or sentencing enhancements 
(b) DISTRIBUTION.—The model law described in sub-
section (a) shall be posted on the website of the Depart-
ment of Justice and shall be distributed to the States and 
at the anti-trafficking conference described in section 
201(a)(2) of the Trafficking Victims Protection Reauthor-
ization Act of 2005 (42 U.S.C. 14044(a)). 
(c) ADOPTION OF MODEL STATUTE.— 
(1) ASSISTANCE.—The Attorney General shall 
provide assistance to States and local governments 
to adopt and apply the model law described in sub-
section (a). 
(2) REPORT.—Not later than six months after 
the enactment of this Act, and annually thereafter, 
the Attorney General shall submit to the Committees 
on Foreign Affairs and the Judiciary of the House 
and the Committees on Foreign Relations and the 
Judiciary of the Senate a report describing the as-
sistance provided pursuant to paragraph (1) and the 
results achieved by such assistance, including a list
sistent with Executive Order 13107 (De-
cember 10, 1998); and’’. 
SEC. 232. ANTI-TRAFFICKING SURVEY AND CONFERENCES. 
(a) SURVEY.—Paragraph (1) of section 201(a) of the 
Trafficking Victims Protection Reauthorization Act of 
2005 (42 U.S.C. 14044(a)) is amended by adding at the 
end the following: 
‘‘(C) ADDITIONAL REQUIREMENTS.—With 
respect to the study described in subparagraph 
(B)(ii), the Attorney General shall solicit on a 
biennial basis, beginning as soon as practicable 
after the date of the enactment of the William 
Wilberforce Trafficking Victims Protection Re-
authorization Act of 2007, requests for pro-
posals for such a study from nongovernmental 
entities with expertise in the field of illegal eco-
nomic activities and shall complete such study 
not later than one year after the date of the en-
actment of such Act.’’ 
(b) ANNUAL CONFERENCE.—Paragraph (2)(A) of 
such section is amended— 
(1) in the first sentence, by striking ‘‘in con-
sultation’’ and inserting ‘‘in coordination with the 
Secretary of State and in consultation’’; and
(2) in clause (ii), by inserting before the semi-
colon at the end the following: ‘‘and the use of exist-
ing Federal and State criminal laws that do not re-
quire force, fraud, or coercion as an element of a fel-
ony crime to prosecute such person.’’. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Re-
authorization Act of 2005 (42 U.S.C. 14044d) is amended 
by striking ‘‘, as the department or agency determines ap-
propriate,’’. 
SEC. 234. EFFORTS BY DEPARTMENTS OF JUSTICE AND 
LABOR TO COMBAT HUMAN TRAFFICKING. 
(a) ACTIVITIES AT THE DEPARTMENT OF JUSTICE.— 
(1) ROLE
OF
CRIMINAL
DIVISION
IN
TRAF-
FICKING CASES.— 
(A) REDESIGNATION.—The Child Exploi-
tation and Obscenity Section of the Criminal 
Division of the Department of Justice shall be 
redesignated as the Sexual Exploitation and 
Obscenity Section. 
(B) EXPANSION.—The Attorney General 
shall expand the responsibilities of the Inno-
cence Lost Task Forces to incorporate situa-
tions involving adults who are sexually exploited
by persons in violation of offenses such as sec-
tion 2430. 
(C) RESPONSIBILITIES.—The chief of the 
section described in subsection (a) should work 
with other parts of the Department of Justice 
and State and local law enforcement to ensure 
effective prosecutions through the task force de-
scribed in subparagraph (B). 
(D) REFERENCES.—Any reference to the 
Child Exploitation and Obscenity Section of the 
Criminal Division in any law, regulation, rule, 
directive, instruction or other official United 
States Government document in effect on the 
date of enactment of this Act shall be deemed 
to refer to the Sexual Exploitation and Obscen-
ity Section. 
(2) CONSTRUCTION.—Nothing in this sub-
section shall be construed as affecting the activities 
of the Criminal Section of the Civil Rights Division 
relating to the 13th Amendment’s prohibition of 
slavery and involuntary servitude. 
(b) DEPARTMENT OF LABOR.— 
(1) ESTABLISHMENT.—The Secretary of Labor 
shall establish within the Department of Labor a 
Coordinator to Combat Human Trafficking.
(2) DUTIES.—In addition to any other respon-
sibilities that the Secretary of Labor may assign, the 
Coordinator shall have the following responsibilities: 
(A) Ensure coordination of policies relating 
to victims of trafficking, both in the United 
States and abroad, among the various offices 
and components of the Department of Labor, 
including the Office of the Solicitor, the Em-
ployment Standards Administration, the Wage 
and Hour Division, the Bureau of International 
Labor Affairs, and the Office of Child Labor, 
Forced Labor, and Human Trafficking. 
(B) Ensure improved communication and 
coordination with State labor agencies relating 
to trafficking in persons. 
(C) Represent the Department at inter- 
agency mechanisms relating to trafficking in 
persons, including assisting appropriate high- 
level officials of the Department of Labor who 
are members of the Senior Policy Operating 
Group. 
(D) Serve, in conjunction with the Coordi-
nator to Combat Human Trafficking of the De-
partment of Justice (established pursuant to 
subsection (a)), as the executive secretariat of
the Trafficking in Persons and Worker Exploi-
tation Task. 
(3) STAFF.—The Secretary of Labor shall en-
sure that the Coordinator has sufficient staff to 
carry out the duties described in paragraph (2). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as affecting or derogating from the 
responsibilities of the Senior Policy Operating Group es-
tablished by section 206 of the Trafficking Victims Protec-
tion Reauthorization Act of 2005. 
(d) DEFINITION.—In this section, the term ‘‘victim 
of trafficking’’ has the meaning given the term in section 
103 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102). 
SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAF-
FICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Na-
tionality 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. 236. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
(a) FINDINGS AND SENSE OF CONGRESS.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) The United States Government cur-
rently estimates that up to 17,500 individuals 
are trafficked into the United States each year. 
Of these, some 50 percent are believed to be 
under the age of 18. Many of these children are 
victims of sex trafficking and are forced into 
prostitution and other exploitative activities in 
the United States. 
(B) Despite the large number of children 
trafficked into the United States every year, the 
Department of Health and Human Services has 
identified an average of 20 children per year as 
trafficking victims through fiscal year 2006. 
This disparity between estimated and identified 
victims demonstrates that much more needs to 
be done in educating individuals who may be 
coming into contact with trafficked children. 
(2) SENSE OF CONGRESS.—It is the sense of 
the Congress that, to the extent consistent with the 
treaties and other international agreements to which 
the United States is a party, and to the extent prac-
ticable, the United States Government should under-
take efforts to protect children from severe forms of 
trafficking and ensure that it does not repatriate 
children in Federal custody into settings that would 
threaten their life or safety. 
(b) COMBATTING CHILD TRAFFICKING AT THE BOR-
DER 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 State, in con-
junction with the Secretary of Homeland Security 
and the Secretary of Health and Human Services, 
shall develop policies and procedures to ensure that 
unaccompanied alien children in the United States 
are safely repatriated to their country of nationality 
or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CON-
TIGUOUS COUNTRIES.— 
(A) 
DETERMINATIONS.—Any 
unaccom-
panied 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 re-
turn 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 nation-
ality or of last habitual residence owing to 
a credible fear of persecution; and 
(iii) the child is able to make an inde-
pendent decision to withdraw the child’s 
application for admission to the United 
States. 
(B) RETURN.—An immigration officer who 
finds an unaccompanied alien child described in 
subparagraph (A) at a land border or port of 
entry of the United States and determines that 
such child is inadmissible under the Immigra-
tion 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
AGREE-
MENTS.—The Secretary of State shall negotiate 
agreements between the United States and 
countries contiguous to the United States with 
respect to the repatriation of children. Such 
agreements shall be designed to protect children 
from severe forms of trafficking in persons, and 
shall, at a minimum, provide that— 
(i) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence unless returned to appro-
priate officials or employees of the accept-
ing country’s government; 
(ii) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence outside of reasonable busi-
ness hours; and 
(iii) border personnel of the countries 
that are parties to such agreements are 
trained in the terms of such agreements.
(3) RULE FOR OTHER CHILDREN.—The custody 
of unaccompanied alien children not described in 
paragraph (2)(A) who are apprehended at the bor-
der of the United States or at a United States port 
of entry shall be treated in accordance with sub-
section (c). 
(4) SCREENING.—Within 48 hours of the ap-
prehension of a child who is believed to be described 
in paragraph (2)(A), but in any event prior to re-
turning such child to the child’s country of nation-
ality or of last habitual residence, the child shall be 
screened to determine whether the child meets the 
criteria listed in paragraph (2)(A). If the child does 
not meet such criteria, or if no determination can be 
made within 48 hours of apprehension, the child 
shall immediately be transferred to the Secretary of 
Health and Human Services and treated in accord-
ance with subsection (c). 
(5) ENSURING
THE
SAFE
REPATRIATION
OF 
CHILDREN.— 
(A) REPATRIATION PILOT PROGRAM.—To 
protect children from trafficking and exploi-
tation, the Secretary of State shall create a 
pilot program, in conjunction with non-govern-
mental organizations and other national and
international agencies and experts, to develop 
and implement best practices to ensure the safe 
and secure repatriation and reintegration of un-
accompanied alien children into their country of 
nationality or of last habitual residence, includ-
ing placement with their families or other spon-
soring agencies. 
(B) REPORT ON REPATRIATION OF UNAC-
COMPANIED ALIEN CHILDREN.—Not later than 
18 months after the date of the enactment of 
this Act, and annually thereafter, the Secretary 
of Homeland Security, in conjunction with the 
Secretary of State and Secretary of Health and 
Human Services, 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 repatriate unac-
companied alien children. Such report shall in-
clude— 
(i) the number of unaccompanied 
alien children ordered removed and the 
number of such children actually removed 
from the United States; 
(ii) a statement of the nationalities, 
ages, and gender of such children;
section 240 of the Immigration and Nationality 
Act (8 U.S.C. 1229a). 
(c) COMBATTING CHILD TRAFFICKING AND EXPLOI-
TATION IN THE UNITED STATES.— 
(1) CARE AND CUSTODY OF UNACCOMPANIED 
ALIEN CHILDREN.—Consistent with section 462 of 
the Homeland Security Act of 2002 (6 U.S.C. 279), 
and except as otherwise provided under subsection 
(b), 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 agen-
cy of the Federal Government shall notify the De-
partment 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 and is unaccompanied. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—Any department or agency of the Fed-
eral Government that has an unaccompanied alien 
child in its custody shall transfer the custody of such
child to the Secretary of Health and Human Serv-
ices within 72 hours, except in the case of excep-
tional circumstances, upon a determination that 
such child is an unaccompanied alien child. 
(4) AGE DETERMINATIONS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services shall make an age 
determination for an alien described in para-
graph (2)(B) and take whatever other steps are 
necessary to determine whether such alien is el-
igible for treatment under this section or sec-
tion 462 of the Homeland Security Act of 2002 
(6 U.S.C. 279). 
(B) 
PROCEDURES.—The 
Secretary 
of 
Health and Human Services, in consultation 
with the Secretary of Homeland 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 Serv-
ices for children in their respective custody. At 
a minimum, these procedures shall permit the 
presentation of multiple forms of evidence, in-
cluding the non-exclusive use of radiographs, to 
determine the age of the unaccompanied alien.
100 
(d) PROVIDING SAFE
AND SECURE PLACEMENTS 
FOR CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary 
of Health and Human Services, Secretary of Home-
land 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 per-
sons seeking to victimize or otherwise engage such 
children in criminal, harmful, or exploitative activity, 
including policies and programs reflecting best prac-
tices in witness security programs. 
(2) SAFE AND SECURE PLACEMENTS.—Subject 
to section 462(b)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied 
alien child in the custody of the Secretary of Health 
and Human Services shall be promptly placed in the 
least restrictive setting that is in the best interest of 
the child. In making such placements, the Secretary 
of Health and Human Services may consider danger 
to self, danger to the community, and risk of flight. 
Placement of child trafficking victims may include 
placement with competent adult victims of the same 
trafficking scheme in order to ensure continuity of 
care and support. A child shall not be placed in a
101 
juvenile delinquency or other secure detention facil-
ity (as defined in section 103(12) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5603(12)) absent a determination that the 
child poses a danger to others or has been accused 
of having committed a criminal offense. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
(A) IN GENERAL.—Subject to the require-
ments of subparagraph (B), an unaccompanied 
alien child may not be placed with a person or 
entity unless the Secretary of Health and 
Human Services makes a determination that 
the proposed custodian is capable of providing 
for the child’s physical and mental well-being. 
Such determination shall, at a minimum, in-
clude 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
102 
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))), 
or 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 sig-
nificantly harmed or threatened. The Secretary 
of Health and Human Services shall conduct 
follow-up services, during the pendency of re-
moval proceedings, on children and custodians 
for whom a home study was conducted. 
(C) ACCESS TO INFORMATION.—Upon re-
quest from the Secretary of Health and Human 
Services, the Secretary of Homeland Security 
shall provide information necessary to conduct 
suitability assessments from appropriate Fed-
eral, State, and local law enforcement and im-
migration 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 ori-
entation presentations provided through the Legal 
Orientation Program administered by the Executive
103 
Office for Immigration Review. At a minimum, such 
presentations shall address the custodian’s responsi-
bility to ensure the child’s appearance at all immi-
gration 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 sec-
tion 292 of the Immigration and Nationality Act (8 
U.S.C. 1362), that all unaccompanied alien children 
who are or have been in the custody of the Secretary 
or the Secretary of Homeland Security, and who are 
not described in subsection (b)(2)(A), have com-
petent counsel to represent them in legal proceedings 
or matters and protect them from mistreatment, ex-
ploitation, and trafficking. To the greatest extent 
practicable, the Secretary of Health and Human 
Services shall make every effort to utilize the serv-
ices of competent pro bono counsel who agree to pro-
vide 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 vic-
tims and other vulnerable unaccompanied children. 
A child advocate shall be provided access to mate-