HR 7311 RDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘William Wilberforce Trafficking Victims Protection Re-
authorization Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—COMBATING INTERNATIONAL TRAFFICKING IN 
PERSONS 
Sec. 101. Interagency Task Force to Monitor and Combat Trafficking. 
Sec. 102. Office to Monitor and Combat Trafficking. 
Sec. 103. Prevention and prosecution of trafficking in foreign countries. 
Sec. 104. Assistance for victims of trafficking in other countries. 
Sec. 105. Increasing effectiveness of anti-trafficking programs. 
Sec. 106. Minimum standards for the elimination of trafficking. 
Sec. 107. Actions against governments failing to meet minimum standards. 
Sec. 108. Research on domestic and international trafficking in persons. 
Sec. 109. Presidential Award for Extraordinary Efforts to Combat Trafficking 
in Persons. 
Sec. 110. Report on activities of the Department of Labor to monitor and com-
bat forced labor and child labor. 
Sec. 111. Sense of Congress regarding multilateral framework between labor 
exporting and labor importing countries. 
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. Protections for domestic workers and other nonimmigrants. 
Sec. 203. Protections, remedies, and limitations on issuance for A–3 and G–5 
visas. 
Sec. 204. Relief for certain victims pending actions on petitions and applica-
tions for relief. 
Sec. 205. Expansion of authority to permit continued presence in the United 
States. 
Subtitle B—Assistance for Trafficking Victims 
Sec. 211. Assistance for certain nonimmigrant status applicants. 
Sec. 212. Interim assistance for children. 
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 penalties for trafficking offenses. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
Sec. 223. Jurisdiction in certain trafficking offenses. 
Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for sex traf-
ficking. 
Sec. 225. Promoting effective State enforcement. 
Subtitle D—Activities of the United States Government 
Sec. 231. Annual report by the Attorney General. 
Sec. 232. Investigation by the Inspectors General. 
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. Restriction of passports for sex tourism. 
Sec. 237. Additional reporting on crime. 
Sec. 238. Processing of certain visas. 
Sec. 239. Temporary increase in fee for certain consular services. 
TITLE III—AUTHORIZATIONS OF APPROPRIATIONS 
Sec. 301. Trafficking Victims Protection Act of 2000. 
Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005. 
Sec. 303. Rule of construction. 
Sec. 304. Technical amendments. 
TITLE IV—CHILD SOLDIERS PREVENTION 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Sense of Congress. 
Sec. 404. Prohibition. 
Sec. 405. Reports. 
Sec. 406. Training for foreign service officers. 
Sec. 407. Effective date; applicability. 
TITLE 
I—COMBATING 
INTER-
NATIONAL TRAFFICKING IN 
PERSONS 
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND 
COMBAT TRAFFICKING. 
Section 105(b) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting 
‘‘the Secretary of Education,’’ after ‘‘the Secretary of 
Homeland Security,’’. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING. 
Section 105(e) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7103(e)) is amended— 
(1) in the subsection heading, by striking ‘‘SUP-
PORT FOR THE TASK FORCE’’ and inserting ‘‘OF-
FICE TO MONITOR AND COMBAT TRAFFICKING’’; 
(2) by striking ‘‘The Secretary of State is au-
thorized to’’ and inserting the following: 
‘‘(1) IN
GENERAL.—The Secretary of State 
shall’’; and 
(3) by adding at the end the following: 
‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.— 
‘‘(A) PARTNERSHIPS.—The Director, in 
coordination and cooperation with other officials 
at the Department of State involved in cor-
porate responsibility, the Deputy Under Sec-
retary for International Affairs of the Depart-
ment of Labor, and other relevant officials of 
the United States Government, shall promote, 
build, and sustain partnerships between the 
United States Government and private entities 
(including foundations, universities, corpora-
tions, 
community-based 
organizations, 
and 
other nongovernmental organizations) to ensure 
that— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
‘‘(i) United States citizens do not use 
any item, product, or material produced or 
extracted with the use of labor from vic-
tims of severe forms of trafficking; and 
‘‘(ii) such entities do not contribute to 
trafficking in persons involving sexual ex-
ploitation. 
‘‘(B) UNITED STATES ASSISTANCE.—The 
Director shall be responsible for— 
‘‘(i) all policy, funding, and program-
ming decisions regarding funds made avail-
able for trafficking in persons programs 
that are centrally controlled by the Office 
to Monitor and Combat Trafficking; and 
‘‘(ii) coordinating any trafficking in 
persons programs of the Department of 
State or the United States Agency for 
International Development that are not 
centrally controlled by the Director.’’. 
SEC. 103. PREVENTION AND PROSECUTION OF TRAF-
FICKING IN FOREIGN COUNTRIES. 
(a) PREVENTION.—Section 106 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104) is 
amended by adding at the end the following: 
VerDate Aug 31 2005 
03:23 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(i) ADDITIONAL MEASURES TO PREVENT
AND 
DETER TRAFFICKING.—The President shall establish and 
carry out programs to prevent and deter trafficking in per-
sons, including— 
‘‘(1) technical assistance and other support to 
improve the capacity of foreign governments to in-
vestigate, identify, and carry out inspections of pri-
vate entities, including labor recruitment centers, at 
which trafficking victims may be exploited, particu-
larly exploitation involving forced and child labor; 
‘‘(2) technical assistance and other support for 
foreign governments and nongovernmental organiza-
tions to provide immigrant populations with infor-
mation, in the native languages of the major immi-
grant groups of such populations, regarding the 
rights of such populations in the foreign country and 
local in-country nongovernmental organization-oper-
ated hotlines; 
‘‘(3) technical assistance to provide legal frame-
works and other programs to foreign governments 
and nongovernmental organizations to ensure that— 
‘‘(A) foreign migrant workers are provided 
the same protection as nationals of the foreign 
country; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(B) labor recruitment firms are regulated; 
and 
‘‘(C) workers providing domestic services 
in households are provided protection under 
labor rights laws; and 
‘‘(4) assistance to foreign governments to reg-
ister vulnerable populations as citizens or nationals 
of the country to reduce the ability of traffickers to 
exploit such populations.’’. 
(b) PROSECUTION.—Section 134(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2152d(a)(2)) is amend-
ed by adding at the end before the semicolon the following: 
‘‘, including investigation of individuals and entities that 
may be involved in trafficking in persons involving sexual 
exploitation’’. 
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN 
OTHER COUNTRIES. 
Section 107(a) of Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7105(a)) is amended— 
(1) in paragraph (1)— 
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, and 
shall be carried out in a manner which takes 
into account the cross-border, regional, and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
transnational aspects of trafficking in persons’’; 
and 
(B) by adding at the end the following: 
‘‘(F) In cooperation and coordination with 
relevant organizations, such as the United Na-
tions High Commissioner for Refugees, the 
International Organization for Migration, and 
private nongovernmental organizations that 
contract with, or receive grants from, the 
United States Government to assist refugees 
and internally displaced persons, support for— 
‘‘(i) increased protections for refugees 
and internally displaced persons, including 
outreach and education efforts to prevent 
such refugees and internally displaced per-
sons from being exploited by traffickers; 
and 
‘‘(ii) performance of best interest de-
terminations for unaccompanied and sepa-
rated children who come to the attention of 
the United Nations High Commissioner for 
Refugees, its partner organizations, or any 
organization that contracts with the De-
partment of State in order to identify child 
trafficking victims and to assist their safe 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
integration, reintegration, and resettle-
ment.’’; and 
(2) in paragraph (2), by adding at the end the 
following: ‘‘In carrying out this paragraph, the Sec-
retary and the Administrator shall take all appro-
priate steps to ensure that cooperative efforts among 
foreign countries are undertaken on a regional 
basis.’’. 
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAF-
FICKING PROGRAMS. 
The Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.) is amended by inserting after section 
107 the following: 
‘‘SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAF-
FICKING PROGRAMS. 
‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREE-
MENTS, AND CONTRACTS.—In administering funds made 
available to carry out this Act within and outside the 
United States— 
‘‘(1) solicitations of grants, cooperative agree-
ments, and contracts for such programs shall be 
made publicly available; 
‘‘(2) grants, cooperative agreements, and con-
tracts shall be subject to full and open competition, 
in accordance with applicable laws; and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(3) the internal department or agency review 
process for such grants, cooperative agreements, and 
contracts shall not be subject to ad hoc or intermit-
tent review or influence by individuals or organiza-
tions outside the United States Government except 
as provided under paragraphs (1) and (2). 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN
GENERAL.—An applicant desiring a 
grant, contract, or cooperative agreement under this 
Act shall certify that, to the extent practicable, per-
sons or entities providing legal services, social serv-
ices, health services, or other assistance have com-
pleted, or will complete, training in connection with 
trafficking in persons. 
‘‘(2) DISCLOSURE.—If appropriate, applicants 
should indicate collaboration with nongovernmental 
organizations, including organizations with expertise 
in trafficking in persons. 
‘‘(c) EVALUATION
OF
ANTI-TRAFFICKING
PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—The President shall estab-
lish a system to evaluate the effectiveness and effi-
ciency of the assistance provided under anti-traf-
ficking programs established under this Act on a 
program-by-program basis in order to maximize the 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
long-term sustainable development impact of such 
assistance. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the President shall— 
‘‘(A) establish performance goals for the 
assistance described in paragraph (1), ex-
pressed in an objective and quantifiable form, 
to the extent practicable; 
‘‘(B) ensure that performance indicators 
are used for programs authorized under this 
Act to measure and assess the achievement of 
the performance goals described in subpara-
graph (A); 
‘‘(C) provide a basis for recommendations 
for adjustments to the assistance described in 
paragraph (1) to enhance the impact of such 
assistance; and 
‘‘(D) ensure that evaluations are conducted 
by subject matter experts in and outside the 
United States Government, to the extent prac-
ticable. 
‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PRO-
GRAMS.—In providing assistance under this division, the 
President should take into account the priorities and coun-
try assessments contained in the most recent report sub-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
mitted by the Secretary of State to Congress pursuant to 
section 110(b). 
‘‘(e) CONSISTENCY WITH OTHER PROGRAMS.—The 
President shall ensure that the design, monitoring, and 
evaluation of United States assistance programs for emer-
gency relief, development, and poverty alleviation under 
part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 
and other similar United States assistance programs are 
consistent with United States policies and other United 
States programs relating to combating trafficking in per-
sons. 
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—For 
each of the fiscal years 2008 through 2011, not more than 
5 percent of the amounts made available to carry out this 
division may be used to carry out this section, including— 
‘‘(1) evaluations of promising anti-trafficking 
programs and projects funded by the disbursing 
agency pursuant to this Act; and 
‘‘(2) evaluations of emerging problems or global 
trends.’’. 
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF 
TRAFFICKING. 
Section 108 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7106) is amended— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(1) in subsection (a), by striking ‘‘a significant 
number of’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking the pe-
riod at the end of the first sentence and insert-
ing the following: ‘‘, including, as appropriate, 
requiring incarceration of individuals convicted 
of such acts. For purposes of the preceding sen-
tence, suspended or significantly-reduced sen-
tences for convictions of principal actors in 
cases of severe forms of trafficking in persons 
shall be considered, on a case-by-case basis, 
whether to be considered an indicator of serious 
and sustained efforts to eliminate severe forms 
of trafficking in persons.’’; 
(B) in paragraph (2), by inserting before 
the period at the end the following: ‘‘, including 
by providing training to law enforcement and 
immigration officials regarding the identifica-
tion and treatment of trafficking victims using 
approaches that focus on the needs of the vic-
tims’’; 
(C) in paragraph (3), by striking ‘‘meas-
ures to reduce the demand for commercial sex 
acts and for participation in international sex 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
tourism by nationals of the country’’ and insert-
ing ‘‘measures to establish the identity of local 
populations, including birth registration, citi-
zenship, and nationality’’; and 
(D) by adding at the end the following: 
‘‘(11) Whether the government of the country 
has made serious and sustained efforts to reduce the 
demand for— 
‘‘(A) commercial sex acts; and 
‘‘(B) participation in international sex 
tourism by nationals of the country.’’. 
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO 
MEET MINIMUM STANDARDS. 
(a) COUNTRIES ON SPECIAL WATCH LIST RELATING 
TO TRAFFICKING
IN PERSONS
FOR 2 CONSECUTIVE 
YEARS.—Section 110(b)(3) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7107(b)(3)) is amend-
ed by adding at the end the following: 
‘‘(D) COUNTRIES ON SPECIAL WATCH LIST 
FOR 2 CONSECUTIVE YEARS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided under clause (ii), a country that is 
included on the special watch list described 
in subparagraph (A) for 2 consecutive 
years after the date of the enactment of 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
this subparagraph, shall be included on the 
list of countries described in paragraph 
(1)(C). 
‘‘(ii) EXERCISE OF WAIVER AUTHOR-
ITY.—The President may waive the appli-
cation of clause (i) for up to 2 years if the 
President determines, and reports credible 
evidence to the Committee on Foreign Re-
lations of the Senate and the Committee 
on Foreign Affairs of the House of Rep-
resentatives, that such a waiver is justified 
because— 
‘‘(I) the country has a written 
plan to begin making significant ef-
forts to bring itself into compliance 
with the minimum standards for the 
elimination of trafficking; 
‘‘(II) the plan, if implemented, 
would constitute making such signifi-
cant efforts; and 
‘‘(III) the country is devoting 
sufficient resources to implement the 
plan.’’. 
(b) CLARIFICATION OF MEASURES AGAINST CERTAIN 
FOREIGN COUNTRIES.—Section 110(d)(1)(A)(ii) of the 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(d)(1)(A)) is amended by inserting ‘‘such assistance 
to the government of the country for the subsequent fiscal 
year and will not provide’’ after ‘‘will not provide’’. 
(c) TRANSLATION OF TRAFFICKING IN PERSONS RE-
PORT.—The Secretary of State shall— 
(1) timely translate the annual report submitted 
under section 110(b) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7107(b)) into the 
principal languages of as many countries as possible, 
with particular emphasis on the languages of the 
countries on the lists described in subparagraphs 
(B) and (C) of section 110(b)(1) of such Act; and 
(2) ensure that the translations described in 
paragraph (1) are made available to the public 
through postings on the Internet website of the De-
partment of State and other appropriate websites. 
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL 
TRAFFICKING IN PERSONS. 
(a) INTEGRATED DATABASE.—Section 112A of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7109a) is amended— 
(1) in subsection (a), by amending paragraph 
(5) to read as follows: 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(5) An effective mechanism for quantifying the 
number of victims of trafficking on a national, re-
gional, and international basis, which shall include, 
not later than 2 years after the date of the enact-
ment of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008, the estab-
lishment and maintenance of an integrated database 
within the Human Smuggling and Trafficking Cen-
ter.’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ROLE
OF HUMAN SMUGGLING
AND TRAF-
FICKING CENTER.— 
‘‘(1) IN GENERAL.—The research initiatives de-
scribed in paragraphs (4) and (5) of subsection (a) 
shall be carried out by the Human Smuggling and 
Trafficking Center, established under section 7202 
of the 9/11 Commission Implementation Act of 2004 
(8 U.S.C. 1777). 
‘‘(2) DATABASE.—The database described in 
subsection (a)(5) shall be established by combining 
all applicable data collected by each Federal depart-
ment and agency represented on the Interagency 
Task Force to Monitor and Combat Trafficking, 
consistent with the protection of sources and meth-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
ods, and, to the maximum extent practicable, appli-
cable data from relevant international organizations, 
to— 
‘‘(A) improve the coordination of the col-
lection of data related to trafficking in persons 
by each agency of the United States Govern-
ment that collects such data; 
‘‘(B) promote uniformity of such data col-
lection and standards and systems related to 
such collection; 
‘‘(C) undertake a meta-analysis of patterns 
of trafficking in persons, slavery, and slave-like 
conditions to develop and analyze global trends 
in human trafficking; 
‘‘(D) identify emerging issues in human 
trafficking and establishing integrated methods 
to combat them; and 
‘‘(E) identify research priorities to respond 
to global patterns and emerging issues. 
‘‘(3) CONSULTATION.—The database estab-
lished in accordance with paragraph (2) shall be 
maintained in consultation with the Director of the 
Office to Monitor and Combat Trafficking in Per-
sons of the Department of State. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $2,000,000 
to the Human Smuggling and Trafficking Center for 
each of the fiscal years 2008 through 2011 to carry 
out the activities described in this subsection.’’. 
(b) REPORT.—Section 110(b)(1) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) 
is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(E) reporting and analysis on the emer-
gence or shifting of global patterns in human 
trafficking, including data on the number of 
victims trafficked to, through, or from major 
source and destination countries, disaggregated 
by nationality, gender, and age, to the extent 
possible; and 
‘‘(F) emerging issues in human traf-
ficking.’’. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EF-
FORTS TO COMBAT TRAFFICKING IN PER-
SONS. 
The Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.) is amended by inserting after section 
112A the following: 
‘‘SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY 
EFFORTS TO COMBAT TRAFFICKING IN PER-
SONS. 
‘‘(a) ESTABLISHMENT OF AWARD.—The President is 
authorized to establish an award, to be known as the 
‘Presidential Award for Extraordinary Efforts To Combat 
Trafficking in Persons’, for extraordinary efforts to com-
bat trafficking in persons. To the maximum extent prac-
ticable, the Secretary of State shall present the award an-
nually to not more than 5 individuals or organizations, in-
cluding— 
‘‘(1) individuals who are United States citizens 
or foreign nationals; and 
‘‘(2) United States or foreign nongovernmental 
organizations. 
‘‘(b) SELECTION.—The President shall establish pro-
cedures for selecting recipients of the award authorized 
under subsection (a). 
‘‘(c) CEREMONY.—The Secretary of State shall host 
an annual ceremony for recipients of the award authorized 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
under subsection (a) as soon as practicable after the date 
on which the Secretary submits to Congress the report re-
quired under section 110(b)(1). The Secretary of State 
may pay the travel costs of each recipient and a guest 
of each recipient who attends the ceremony. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated, for each of the fiscal 
years 2008 through 2011, such sums as may be necessary 
to carry out this section.’’. 
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF 
LABOR TO MONITOR AND COMBAT FORCED 
LABOR AND CHILD LABOR. 
(a) FINAL
REPORT; PUBLIC
AVAILABILITY
OF 
LIST.—Not later than January 15, 2010, the Secretary 
of Labor shall— 
(1) submit to the appropriate congressional 
committees a final report that— 
(A) describes the implementation of section 
105(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (22 U.S.C. 
7103(b)); and 
(B) includes an initial list of goods de-
scribed in paragraph (2)(C) of such section; 
and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(2) make the list of goods described in para-
graph (1)(B) available to the public. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ has the meaning given the term 
in section 103 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7102). 
SEC. 111. SENSE OF CONGRESS REGARDING MULTILAT-
ERAL FRAMEWORK BETWEEN LABOR EX-
PORTING AND LABOR IMPORTING COUN-
TRIES. 
It is the sense of Congress that the Secretary of 
State, in conjunction with the International Labour Orga-
nization, the United Nations Office of Drug and Crime 
Prevention, and other relevant international and non-
governmental organizations, should seek to establish a 
multilateral framework between labor exporting and labor 
importing countries to ensure that workers migrating be-
tween such countries are protected from trafficking in per-
sons. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
TITLE 
II—COMBATING 
TRAF-
FICKING IN PERSONS IN THE 
UNITED STATES 
Subtitle A—Ensuring Availability 
of Possible Witnesses and In-
formants 
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RE-
TALIATION. 
(a) T VISAS.—Section 101(a)(15)(T) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘Security and the Attorney General 
jointly;’’ and inserting ‘‘Security, in consulta-
tion with the Attorney General,’’; 
(B) in subclause (I), by striking the 
comma at the end and inserting a semicolon; 
(C) in subclause (II), by adding at the end 
the following: ‘‘including physical presence on 
account of the alien having been allowed entry 
into the United States for participation in in-
vestigative or judicial processes associated with 
an act or a perpetrator of trafficking;’’; 
(D) in subclause (III)— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
law enforcement officer investigating a severe 
form of trafficking, determines faces a present 
danger of retaliation as a result of the alien’s 
escape from the severe form of trafficking or 
cooperation with law enforcement.’’; and 
(3) by striking clause (iii). 
(b) REQUIREMENTS FOR T VISA ISSUANCE.—Section 
214(o)(7) of the Immigration and Nationality Act (8 
U.S.C. 1184(o)(7)) is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘subparagraph (A) if a 
Federal’’ and inserting the following: ‘‘subpara-
graph (A) if— 
‘‘(i) a Federal’’; 
(B) by striking the period at the end and 
inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(ii) the alien is eligible for relief under section 
245(l) and is unable to obtain such relief because 
regulations have not been issued to implement such 
section; or 
‘‘(iii) the Secretary of Homeland Security deter-
mines that an extension of the period of such non-
immigrant status is warranted due to exceptional 
circumstances.’’; and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(2) by adding at the end the following: 
‘‘(C) 
Nonimmigrant 
status 
under 
section 
101(a)(15)(T) shall be extended during the pendency of 
an application for adjustment of status under section 
245(l).’’. 
(c) CONDITIONS ON NONIMMIGRANT STATUS FOR 
CERTAIN CRIME VICTIMS.—Section 214(p)(6) of the Im-
migration and Nationality Act (8 U.S.C. 1184(p)(6)) is 
amended by adding at the end the following: ‘‘The Sec-
retary of Homeland Security may extend, beyond the 4- 
year period authorized under this section, the authorized 
period of status of an alien as a nonimmigrant under sec-
tion 101(a)(15)(U) if the Secretary determines that an ex-
tension of such period is warranted due to exceptional cir-
cumstances. Such alien’s nonimmigrant status shall be ex-
tended beyond the 4-year period authorized under this sec-
tion if the alien is eligible for relief under section 245(m) 
and is unable to obtain such relief because regulations 
have not been issued to implement such section and shall 
be extended during the pendency of an application for ad-
justment of status under section 245(m). The Secretary 
may grant work authorization to any alien who has a 
pending, bona fide application for nonimmigrant status 
under section 101(a)(15)(U).’’. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VIC-
TIMS.—Section 245(l) of the Immigration and Nationality 
Act (8 U.S.C. 1255(l)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘the Attorney General,,’’ and 
inserting ‘‘in the opinion of the Secretary of 
Homeland Security, in consultation with the At-
torney General, as appropriate’’; 
(B) in subparagraph (B)— 
(i) by inserting ‘‘subject to paragraph 
(6),’’ after ‘‘(B)’’; and 
(ii) by striking ‘‘, and’’ and inserting 
‘‘; and’’; and 
(C) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘, or’’ and 
inserting a semicolon; 
(ii) in clause (ii), by striking ‘‘, or in 
the case of subparagraph (C)(i), the Attor-
ney General, as appropriate’’; and 
(iii) by striking the period at the end 
and inserting the following: ‘‘; or 
‘‘(iii) was younger than 18 years of 
age at the time of the victimization quali-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
fying the alien for relief under section 
101(a)(15)(T).’’; 
(2) in paragraph (3), by striking the period at 
the end and inserting the following: ‘‘, unless— 
‘‘(A) the absence was necessary to assist in the 
investigation or prosecution described in paragraph 
(1)(A); or 
‘‘(B) an official involved in the investigation or 
prosecution certifies that the absence was otherwise 
justified.’’; and 
(3) by adding at the end the following: 
‘‘(6) For purposes of paragraph (1)(B), the Secretary 
of Homeland Security may waive consideration of a dis-
qualification from good moral character with respect to 
an alien if the disqualification was caused by, or incident 
to, the trafficking described in section 101(a)(15)(T)(i)(I). 
‘‘(7) The Secretary of Homeland Security shall per-
mit aliens to apply for a waiver of any fees associated with 
filing an application for relief through final adjudication 
of the adjustment of status for a VAWA self-petitioner 
and 
for 
relief 
under 
sections 
101(a)(15)(T), 
101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in ef-
fect on March 31, 1997).’’. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(e) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 
Section 245(m) of the Immigration and Nationality Act 
(8 U.S.C. 1255(m)) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘unless the Attorney 
General’’ and inserting ‘‘unless the Secretary’’; and 
(2) by adding at the end the following: 
‘‘(5)(A) The Secretary of Homeland Security shall 
consult with the Attorney General, as appropriate, in mak-
ing a determination under paragraph (1) whether affirma-
tive evidence demonstrates that the alien unreasonably re-
fused to provide assistance to a Federal law enforcement 
official, Federal prosecutor, Federal judge, or other Fed-
eral authority investigating or prosecuting criminal activ-
ity described in section 101(a)(15)(U)(iii). 
‘‘(B) Nothing in paragraph (1)(B) may be construed 
to prevent the Secretary from consulting with the Attorney 
General in making a determination whether affirmative 
evidence demonstrates that the alien unreasonably refused 
to provide assistance to a State or local law enforcement 
official, State or local prosecutor, State or local judge, or 
other State or local authority investigating or prosecuting 
criminal activity described in section 101(a)(15)(U)(iii).’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(1) take effect on the date of enactment of the 
Act; and 
(2) apply to applications for immigration bene-
fits filed on or after such date. 
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND 
OTHER NONIMMIGRANTS. 
(a) INFORMATION PAMPHLET.— 
(1) DEVELOPMENT
AND
DISTRIBUTION.—The 
Secretary of State, in consultation with the Sec-
retary of Homeland Security, the Attorney General, 
and the Secretary of Labor, shall develop an infor-
mation pamphlet on legal rights and resources for 
aliens applying for employment- or education-based 
nonimmigrant visas. 
(2) CONSULTATION.—In developing the infor-
mation pamphlet under paragraph (1), the Secretary 
of State shall consult with nongovernmental organi-
zations with expertise on the legal rights of workers 
and victims of severe forms of trafficking in persons. 
(b) CONTENTS.—The information pamphlet devel-
oped under subsection (a) shall include information con-
cerning items such as— 
(1) the nonimmigrant visa application proc-
esses, including information about the portability of 
employment; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(2) the legal rights of employment or education- 
based nonimmigrant visa holders under Federal im-
migration, labor, and employment law; 
(3) the illegality of slavery, peonage, trafficking 
in persons, sexual assault, extortion, blackmail, and 
worker exploitation in the United States; 
(4) the legal rights of immigrant victims of 
trafficking in persons and worker exploitation, in-
cluding— 
(A) the right of access to immigrant and 
labor rights groups; 
(B) the right to seek redress in United 
States courts; 
(C) the right to report abuse without retal-
iation; 
(D) the right of the nonimmigrant to relin-
quish possession of his or her passport to his or 
her employer; 
(E) the requirement of an employment 
contract between the employer and the non-
immigrant; and 
(F) an explanation of the rights and pro-
tections included in the contract described in 
subparagraph (E); and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(5) information about nongovernmental organi-
zations that provide services for victims of traf-
ficking in persons and worker exploitation, includ-
ing— 
(A) anti-trafficking in persons telephone 
hotlines operated by the Federal Government; 
(B) the Operation Rescue and Restore hot-
line; and 
(C) a general description of the types of 
victims services available for individuals subject 
to trafficking in persons or worker exploitation. 
(c) TRANSLATION.— 
(1) IN GENERAL.—To best serve the language 
groups having the greatest concentration of employ-
ment-based nonimmigrant visas, the Secretary of 
State shall translate the information pamphlet devel-
oped under subsection (a) into all relevant foreign 
languages, to be determined by the Secretary based 
on the languages spoken by the greatest concentra-
tions of employment- or education-based non-
immigrant visa applicants. 
(2) REVISION.—Every 2 years, the Secretary of 
State, in consultation with the Attorney General and 
the Secretary of Homeland Security, shall determine 
the specific languages into which the information 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
pamphlet will be translated based on the languages 
spoken 
by 
the 
greatest 
concentrations 
of 
employment- or education-based nonimmigrant visa 
applicants. 
(d) AVAILABILITY AND DISTRIBUTION.— 
(1) POSTING ON FEDERAL WEBSITES.—The in-
formation pamphlet developed under subsection (a) 
shall be posted on the websites of the Department 
of State, the Department of Homeland Security, the 
Department of Justice, the Department of Labor, 
and all United States consular posts processing ap-
plications for employment- or education-based non-
immigrant visas. 
(2) OTHER
DISTRIBUTION.—The information 
pamphlet developed under subsection (a) shall be 
made available to any— 
(A) government agency; 
(B) nongovernmental advocacy organiza-
tion; or 
(C) foreign labor broker doing business in 
the United States. 
(3) DEADLINE FOR PAMPHLET DEVELOPMENT 
AND DISTRIBUTION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of State shall distribute and make available the in-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
formation pamphlet developed under subsection (a) 
in all the languages referred to in subsection (c). 
(e) RESPONSIBILITIES OF CONSULAR OFFICERS OF 
THE DEPARTMENT OF STATE.— 
(1) INTERVIEWS.—A consular officer con-
ducting an interview of an alien for an employment- 
based nonimmigrant visa shall— 
(A)(i) confirm that the alien has received, 
read, and understood the contents of the pam-
phlet described in subsections (a) and (b); and 
(ii) if the alien has not received, read, or 
understood the contents of the pamphlet de-
scribed in subsections (a) and (b), distribute 
and orally disclose to the alien the information 
described in paragraphs (2) and (3) in a lan-
guage that the alien understands; and 
(B) offer to answer any questions the alien 
may have regarding the contents of the pam-
phlet described in subsections (a) and (b). 
(2) LEGAL RIGHTS.—The consular officer shall 
disclose to the alien— 
(A) the legal rights of employment-based 
nonimmigrants under Federal immigration, 
labor, and employment laws; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(B) the illegality of slavery, peonage, traf-
ficking in persons, sexual assault, extortion, 
blackmail, and worker exploitation in the 
United States; and 
(C) the legal rights of immigrant victims of 
trafficking in persons, worker exploitation, and 
other related crimes, including— 
(i) the right of access to immigrant 
and labor rights groups; 
(ii) the right to seek redress in United 
States courts; and 
(iii) the right to report abuse without 
retaliation. 
(3) VICTIM SERVICES.—In carrying out the dis-
closure requirement under this subsection, the con-
sular officer shall disclose to the alien the avail-
ability of services for victims of human trafficking 
and worker exploitation in the United States, includ-
ing victim services complaint hotlines. 
(f) DEFINITIONS.—In this section: 
(1) EMPLOYMENT- OR EDUCATION-BASED NON-
IMMIGRANT VISA.—The term ‘‘employment- or edu-
cation-based nonimmigrant visa’’ means— 
(A) a nonimmigrant visa issued under sub-
paragraph (A)(iii), (G)(v), (H), or (J) of section 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)); and 
(B) any nonimmigrant visa issued to a per-
sonal or domestic servant who is accompanying 
or following to join an employer. 
(2) SEVERE FORMS OF TRAFFICKING IN PER-
SONS.—The term ‘‘severe forms of trafficking in 
persons’’ has the meaning given the term in section 
103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
(4) ABUSING
AND
EXPLOITING.—The term 
‘‘abusing and exploiting’’ means any conduct which 
would constitute a violation of section 1466A, 1589, 
1591, 1592, 2251, or 2251A of title 18, United 
States Code. 
SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON 
ISSUANCE FOR A–3 AND G–5 VISAS. 
(a) LIMITATIONS ON ISSUANCE OF A–3 AND G–5 
VISAS.— 
(1) 
CONTRACT
REQUIREMENT.—Notwith-
standing any other provision of law, the Secretary of 
State may not issue— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(A) an A–3 visa unless the applicant is em-
ployed, or has signed a contract to be employed 
containing the requirements set forth in sub-
section (d)(2), by an officer of a diplomatic mis-
sion or consular post; or 
(B) a G–5 visa unless the applicant is em-
ployed, or has signed a contract to be employed 
by an employee in an international organiza-
tion. 
(2) 
SUSPENSION
REQUIREMENT.—Notwith-
standing any other provision of law, the Secretary 
shall suspend, for such period as the Secretary de-
termines necessary, the issuance of A–3 visas or G– 
5 visas to applicants seeking to work for officials of 
a diplomatic mission or an international organiza-
tion, if the Secretary determines that there is cred-
ible evidence that 1 or more employees of such mis-
sion or international organization have abused or ex-
ploited 1 or more nonimmigrants holding an A–3 
visa or a G–5 visa, and that the diplomatic mission 
or international organization tolerated such actions. 
(3) ACTION
BY
DIPLOMATIC
MISSIONS
OR 
INTERNATIONAL
ORGANIZATIONS.—The Secretary 
may suspend the application of the limitation under 
paragraph (2) if the Secretary determines and re-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
ports to the appropriate congressional committees 
that a mechanism is in place to ensure that such 
abuse or exploitation does not reoccur with respect 
to any alien employed by an employee of such mis-
sion or institution. 
(b) PROTECTIONS AND REMEDIES FOR A–3 AND G– 
5 NONIMMIGRANTS
EMPLOYED
BY
DIPLOMATS
AND 
STAFF OF INTERNATIONAL ORGANIZATIONS.— 
(1) IN GENERAL.—The Secretary may not issue 
or renew an A–3 visa or a G–5 visa unless— 
(A) the visa applicant has executed a con-
tract with the employer or prospective employer 
containing provisions described in paragraph 
(2); and 
(B) a consular officer has conducted a per-
sonal interview with the applicant outside the 
presence of the employer or any recruitment 
agent in which the officer reviewed the terms of 
the contract and the provisions of the pamphlet 
required under section 202. 
(2) MANDATORY CONTRACT.—The contract be-
tween the employer and domestic worker required 
under paragraph (1) shall include— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(A) an agreement by the employer to abide 
by all Federal, State, and local laws in the 
United States; 
(B) information on the frequency and form 
of payment, work duties, weekly work hours, 
holidays, sick days, and vacation days; and 
(C) an agreement by the employer not to 
withhold the passport, employment contract, or 
other personal property of the employee. 
(3) TRAINING OF CONSULAR OFFICERS.—The 
Secretary shall provide appropriate training to con-
sular officers on the fair labor standards described 
in the pamphlet required under section 202, traf-
ficking in persons, and the provisions of this section. 
(4) RECORD KEEPING.— 
(A) IN
GENERAL.—The Secretary shall 
maintain records on the presence of non-
immigrants holding an A–3 visa or a G–5 visa 
in the United States, including— 
(i) information about when the non-
immigrant entered and permanently exited 
the country of residence; 
(ii) the official title, contact informa-
tion, and immunity level of the employer; 
and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(iii) information regarding any allega-
tions of employer abuse received by the 
Department of State. 
(c) PROTECTION FROM REMOVAL DURING LEGAL 
ACTIONS AGAINST FORMER EMPLOYERS.— 
(1) REMAINING
IN
THE
UNITED
STATES
TO 
SEEK LEGAL REDRESS.— 
(A) EFFECT OF COMPLAINT FILING.—Ex-
cept as provided in subparagraph (B), if a non-
immigrant holding an A–3 visa or a G–5 visa 
working in the United States files a civil action 
under section 1595 of title 18, United States 
Code, or a civil action regarding a violation of 
any of the terms contained in the contract or 
violation of any other Federal, State, or local 
law in the United States governing the terms 
and conditions of employment of the non-
immigrant that are associated with acts covered 
by such section, the Attorney General and the 
Secretary of Homeland Security shall permit 
the nonimmigrant to remain legally in the 
United States for time sufficient to fully and ef-
fectively participate in all legal proceedings re-
lated to such action. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(B) EXCEPTION.—An alien described in 
subparagraph (A) may be deported before the 
conclusion of the legal proceedings related to a 
civil action described in such subparagraph if 
such alien is— 
(i) 
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), (3)(C), or (3)(F) of section 212(a) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)); or 
(ii) 
deportable 
under 
paragraph 
(2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii), 
(4)(B), or (4)(C) of section 237(a) of such 
Act (8 U.S.C. 1227(a)). 
(C) FAILURE
TO
EXERCISE
DUE
DILI-
GENCE.—If the Secretary of Homeland Secu-
rity, after consultation with the Attorney Gen-
eral, determines that the nonimmigrant holding 
an A–3 visa or a G–5 visa has failed to exercise 
due diligence in pursuing an action described in 
subparagraph (A), the Secretary may terminate 
the status of the A–3 or G–5 nonimmigrant. 
(2) AUTHORIZATION TO WORK.—The Attorney 
General and the Secretary of Homeland Security 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
shall authorize any nonimmigrant described in para-
graph (1) to engage in employment in the United 
States during the period the nonimmigrant is in the 
United States pursuant to paragraph (1). 
(d) STUDY AND REPORT.— 
(1) INVESTIGATION REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, and every 2 years thereafter for the fol-
lowing 10 years, the Secretary shall submit a 
report to the appropriate congressional commit-
tees on the implementation of this section. 
(B) CONTENTS.—The report submitted 
under subparagraph (A) shall include— 
(i) an assessment of the actions taken 
by the Department of State and the De-
partment of Justice to investigate allega-
tions of trafficking or abuse of non-
immigrants holding an A–3 visa or a G–5 
visa; and 
(ii) the results of such investigations. 
(2) FEASIBILITY OF OVERSIGHT OF EMPLOYEES 
OF DIPLOMATS AND REPRESENTATIVES OF OTHER 
INSTITUTIONS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
retary shall submit a report to the appropriate con-
gressional committees on the feasibility of— 
(A) establishing a system to monitor the 
treatment of nonimmigrants holding an A–3 
visa or a G–5 visa who have been admitted to 
the United States; 
(B) a range of compensation approaches, 
such as a bond program, compensation fund, or 
insurance scheme, to ensure that such non-
immigrants receive appropriate compensation if 
their employers violate the terms of their em-
ployment contracts; and 
(C) with respect to each proposed com-
pensation approach described in subparagraph 
(B), an evaluation and proposal describing the 
proposed processes for— 
(i) adjudicating claims of rights viola-
tions; 
(ii) determining the level of compensa-
tion; and 
(iii) administering the program, fund, 
or scheme. 
(e) ASSISTANCE TO LAW ENFORCEMENT INVESTIGA-
TIONS.—The Secretary shall cooperate, to the fullest ex-
tent possible consistent with the United States obligations 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
under the Vienna Convention on Diplomatic Relations, 
done at Vienna, April 18, 1961, (23 U.S.T. 3229), with 
any investigation by United States law enforcement au-
thorities of crimes related to abuse or exploitation of a 
nonimmigrant holding an A–3 visa or a G–5 visa. 
(f) DEFINITIONS.—In this section: 
(1) A–3 VISA.—The term ‘‘A–3 visa’’ means a 
nonimmigrant visa issued pursuant to section 
101(a)(15)(A)(iii) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(A)(iii)). 
(2) G–5 VISA.—The term ‘‘G–5 visa’’ means a 
nonimmigrant visa issued pursuant to section 
101(a)(15)(G)(v) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(G)(v)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on the Judiciary of the Sen-
ate. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING AC-
TIONS ON PETITIONS AND APPLICATIONS 
FOR RELIEF. 
Section 237 of the Immigration and Nationality Act 
(8 U.S.C. 1227) is amended by adding at the end the fol-
lowing: 
‘‘(d)(1) If the Secretary of Homeland Security deter-
mines that an application for nonimmigrant status under 
subparagraph (T) or (U) of section 101(a)(15) filed for 
an alien in the United States sets forth a prima facie case 
for approval, the Secretary may grant the alien an admin-
istrative stay of a final order of removal under section 
241(c)(2) until— 
‘‘(A) the application for nonimmigrant status 
under such subparagraph (T) or (U) is approved; or 
‘‘(B) there is a final administrative denial of 
the application for such nonimmigrant status after 
the exhaustion of administrative appeals. 
‘‘(2) The denial of a request for an administrative 
stay of removal under this subsection shall not preclude 
the alien from applying for a stay of removal, deferred 
action, or a continuance or abeyance of removal pro-
ceedings under any other provision of the immigration 
laws of the United States. 
‘‘(3) During any period in which the administrative 
stay of removal is in effect, the alien shall not be removed. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(4) Nothing in this subsection may be construed to 
limit the authority of the Secretary of Homeland Security 
or the Attorney General to grant a stay of removal or de-
portation in any case not described in this subsection.’’. 
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTIN-
UED PRESENCE IN THE UNITED STATES. 
(a) EXPANSION OF AUTHORITY.— 
(1) IN
GENERAL.—Section 107(c)(3) of the 
Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(c)(3)) is amended to read as follows: 
‘‘(3) AUTHORITY TO PERMIT CONTINUED PRES-
ENCE IN THE UNITED STATES.— 
‘‘(A) TRAFFICKING VICTIMS.— 
‘‘(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, Fed-
eral law enforcement officials described in 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
clause (i) shall endeavor to make reason-
able efforts to protect the safety of traf-
ficking 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
PRES-
ENCE.—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 con-
cluded. If the Secretary, in consultation 
with the Attorney General, determines that 
the alien has failed to exercise due dili-
gence in pursuing such action, the Sec-
retary 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 conclu-
sion of the administrative and legal pro-
ceedings related to a complaint described 
in such clause if such alien is inadmissible 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 en-
forcement officials may submit written requests 
to the Secretary of Homeland Security, in ac-
cordance with section 240A(b)(6) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(6)), to permit the parole into the 
United States of certain relatives of an alien de-
scribed in subparagraph (A)(i). 
‘‘(C) STATE AND LOCAL LAW ENFORCE-
MENT.—The Secretary of Homeland Security, 
in consultation with the Attorney General, 
shall— 
‘‘(i) develop materials to assist State 
and local law enforcement officials in work-
ing 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(ii) distribute the materials devel-
oped 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 en-
actment of this Act; 
(B) shall apply to pending requests for 
continued presence 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 
(C) may not be applied to an alien who is 
not present in the United States. 
(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VIC-
TIMS.—Section 240A(b) of the Immigration and Nation-
ality 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 section 
107(c)(3)(A) of the Trafficking Victims Protec-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
tion Act (22 U.S.C. 7105(c)(3)(A)), if the rel-
ative— 
‘‘(i) was, on the date on which law en-
forcement applied for such continued pres-
ence— 
‘‘(I) in the case of an alien grant-
ed 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 offi-
cial, in consultation with the Secretary of 
Homeland Security, as appropriate, deter-
mines 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 sub-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
paragraph (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 sub-
paragraph (A) may extend until the later 
of— 
‘‘(I) the date on which the prin-
cipal alien’s authority to remain in the 
United 
States 
under 
section 
107(c)(3)(A) of the Trafficking Vic-
tims 
Protection 
Act 
(22 
U.S.C. 
7105(c)(3)(A)) is terminated; or 
‘‘(II) the date on which a civil ac-
tion 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 sub-
paragraph (A), or in pursuing the civil ac-
tion described in clause (ii)(II) (as deter-
mined by the Secretary of Homeland Secu-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
rity in consultation with the Attorney Gen-
eral), may result in revocation of parole. 
‘‘(C) OTHER
LIMITATIONS.—A relative 
may not be granted parole under this para-
graph if— 
‘‘(i) the Secretary of Homeland Secu-
rity or the Attorney General has reason to 
believe that the relative was knowingly 
complicit in the trafficking of an alien per-
mitted to remain in the United States 
under section 107(c)(3)(A) of the Traf-
ficking 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 STA-
TUS 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— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(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 fol-
lowing: 
‘‘(4) an alien who has been granted non-
immigrant 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 nonimmigrant status.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to applications for public bene-
fits and public benefits provided on or after the date of 
the enactment of this Act without regard to whether regu-
lations have been implemented to carry out such amend-
ments. 
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 
(a) IN GENERAL.—Section 107(b)(1) of the Traf-
ficking 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
physical or psychological trauma’’ before the semi-
colon; and 
(2) by adding at the end the following: 
‘‘(F) ELIGIBILITY
FOR
INTERIM
ASSIST-
ANCE OF CHILDREN.— 
‘‘(i) DETERMINATION.—Upon receiv-
ing credible information that a child de-
scribed in subparagraph (C)(ii)(I) who is 
seeking assistance under this paragraph 
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 Sec-
retary shall have exclusive authority to 
make interim eligibility determinations 
under this clause. A determination of in-
terim 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
after all interim eligibility determinations 
have been made under clause (i). 
‘‘(iii) DURATION.—Assistance under 
this paragraph may be provided to individ-
uals 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
DETERMINA-
TION.—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 para-
graph. 
‘‘(II) CONSULTATION.—In mak-
ing a determination under subclause 
(I), the Secretary shall consult with 
the Attorney General, the Secretary of 
Homeland Security, and nongovern-
mental organizations with expertise on 
victims of severe form of trafficking. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(III) 
LETTER
OF
ELIGI-
BILITY.—If the Secretary, after re-
ceiving information the Secretary be-
lieves, 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 IN-
TERIM ASSISTANCE.—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 subpara-
graph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Sec-
tion 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 Home-
land Security, the Department of Health and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 PRO-
TECTION 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 es-
tablish a program to assist United States citizens 
and aliens lawfully admitted for permanent residence 
(as defined in section 101(a)(20) of the Immigration 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
and Nationality Act (8 U.S.C. 1101(a)(20))) who 
are victims of severe forms of trafficking. In deter-
mining the assistance that would be most beneficial 
for such victims, the Secretary and the Attorney 
General shall consult with nongovernmental organi-
zations that provide services to victims of severe 
forms of trafficking in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addi-
tion to specialized services required for victims de-
scribed in paragraph (1), the program established 
pursuant to paragraph (1) shall— 
‘‘(A) facilitate communication and coordi-
nation between the providers of assistance to 
such victims; 
‘‘(B) provide a means to identify such pro-
viders; and 
‘‘(C) provide a means to make referrals to 
programs for which such victims are already eli-
gible, including programs 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
tribes, units of local government, and nonprofit, 
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 appli-
cation 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 in-
serting the following: 
‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSIST-
ANCE.—To carry out’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(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; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(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 pur-
poses of section 107(b)’’ and inserting the 
following: 
‘‘(A) ELIGIBILITY FOR BENEFITS AND AS-
SISTANCE.—To carry out the purposes of sec-
tion 107(b)’’; 
(ii) by striking ‘‘To carry out the pur-
poses of section 134’’ and inserting the fol-
lowing: 
‘‘(B) ASSISTANCE
TO
FOREIGN
COUN-
TRIES.—To carry out the purposes of section 
134’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) ADDITIONAL
BENEFITS
FOR
TRAF-
FICKING VICTIMS.—To carry out the purposes 
of section 107(f), there are authorized to be ap-
propriated to the Attorney General— 
‘‘(i) $2,500,000 for fiscal year 2008; 
‘‘(ii) $5,000,0000 for fiscal year 2009; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(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 Protec-
tion Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is 
amended to read as follows: 
‘‘(ii) 5 percent for training and tech-
nical assistance, including increasing ca-
pacity and expertise on security for and 
protection of service providers from intimi-
dation or retaliation for their activities.’’. 
(b) STUDY.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of the enactment of this Act, the At-
torney General and the Secretary of Health and 
Human Services shall submit a report to the appro-
priate congressional committees that identifies the 
existence and extent of any service gap between vic-
tims described in section 107(b)(1) of the Traf-
ficking Victims Protection 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. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(2) ELEMENTS.—In carrying out the study 
under subparagraph (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 government-funded social services in 
general, including the application of the Per-
sonal Responsibility and Work Opportunity 
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 ac-
cess of the victims described in paragraph (1) 
to government-funded services targeted to vic-
tims of severe forms of trafficking; 
(D) investigate the effect of trafficking 
service-provider 
infrastructure 
development, 
continuity of care, and availability of case-
workers on the eventual restoration and reha-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
bilitation of the victims described in paragraph 
(1); and 
(E) include findings, best practices, and 
recommendations, if any, based on the study of 
the elements described in subparagraphs (A) 
through (D) and any other related information. 
Subtitle C—Penalties Against 
Traffickers and Other Crimes 
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCE-
MENT OF CIVIL ACTION. 
Chapter 77 of title 18, United States Code, is amend-
ed— 
(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 Sub-
stances 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 know-
ingly benefits, financially or by receiving 
anything of value from participation in a 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 OF-
FENSES. 
(a) DETENTION.—Section 3142(e) of title 18, United 
States Code, is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘If, after a hear-
ing’’; 
(3) by inserting ‘‘(2)’’ before ‘‘In a case’’; 
(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebut-
tal’’; 
(5) by striking ‘‘paragraph (1) of this sub-
section’’ each place it appears and inserting ‘‘sub-
paragraph (A)’’; 
(6) in paragraph (3), as redesignated— 
(A) by striking ‘‘committed an offense’’ 
and inserting the following: ‘‘committed— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(A) an offense’’; 
(B) by striking ‘‘46, an offense’’ and in-
serting the following: ‘‘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: 
‘‘§ 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 interferes 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 at-
tempt to kidnap, aggravated sexual abuse, an at-
tempt to commit aggravated sexual abuse, or an at-
tempt 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
this section, shall be subject to the penalties described in 
subsection (a).’’. 
(3) PUNISHING FINANCIAL GAIN FROM TRAF-
FICKED
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 combina-
tion of, the following means— 
‘‘(1) by means of force, threats of force, phys-
ical restraint, or threats of physical restraint to that 
person or another person; 
‘‘(2) by means of serious harm or threats of se-
rious 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 re-
ceiving anything of value, from participation in a venture 
which has engaged in the providing or obtaining of labor 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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, 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 psycho-
logical, financial, or reputational harm, that is suffi-
ciently serious, under all the surrounding cir-
cumstances, 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 kidnaping, an attempt to kidnap, 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
fraud, coercion described in subsection 
(e)(2), or any combination of such means’’; 
(B) by redesignating subsection (c) as sub-
section (e); 
(C) in subsection (b)(1), by striking ‘‘force, 
fraud, or coercion’’ and inserting ‘‘means of 
force, threats of force, fraud, or coercion de-
scribed in subsection (e)(2), or by any combina-
tion 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 ob-
serve the person so recruited, enticed, harbored, trans-
ported, 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); 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(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 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 ac-
tion.’’; and 
(iv) by inserting after paragraph (3), 
as redesignated, the following: 
‘‘(4) The term ‘serious harm’ means any harm, 
whether physical or nonphysical, including psycho-
logical, financial, or reputational harm, that is suffi-
ciently serious, under all the surrounding cir-
cumstances, to compel a reasonable person of the 
same background and in the same circumstances to 
perform or to continue performing commercial sex-
ual activity in order to avoid incurring that harm.’’. 
(6) UNLAWFUL
CONDUCT.—Section 1592 of 
such title is amended by adding at the end the fol-
lowing: 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(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.—Sec-
tion 1594 of title 18, United States Code, is amended— 
(1) by redesignating subsections (b), (c), and 
(d) as subsections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Whoever conspires with another to violate sec-
tion 1581, 1583, 1589, 1590, or 1592 shall be punished 
in the same manner as a completed violation of such sec-
tion. 
‘‘(c) Whoever conspires with another to violate sec-
tion 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: 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘§ 1593A. Benefitting financially from peonage, slav-
ery, and trafficking in persons 
‘‘Whoever knowingly benefits, financially or by receiv-
ing anything 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 dis-
regard 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 sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 
persons.’’. 
(e) 
RETALIATION
IN
FOREIGN
LABOR
CON-
TRACTING.—Chapter 63 of title 18, United States Code, 
is amended— 
(1) in the chapter heading, by adding at the 
end the following: ‘‘AND OTHER FRAUD OF-
FENSES’’; 
(2) by adding at the end the following: 
‘‘§ 1351. Fraud in foreign labor contracting 
‘‘Whoever knowingly and with intent to defraud re-
cruits, solicits or hires a person outside the United States 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
for purposes of employment 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 TRAF-
FICKING.—Section 212(a)(2)(H)(i) of the Immigra-
tion 
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 Com-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien harboring to ensure conformity 
with the sentencing guidelines applicable to persons con-
victed of promoting a commercial sex act if— 
(1) the harboring was committed in furtherance 
of prostitution; and 
(2) the defendant to be sentenced is an orga-
nizer, leader, manager, or supervisor of the criminal 
activity. 
SEC. 223. 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 1591 if— 
‘‘(1) an alleged offender is a national of the 
United States or an alien lawfully admitted for per-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
manent residence (as those terms are defined in sec-
tion 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: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OF-
FENDER 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
place such term appears and inserting ‘‘violence, a viola-
tion 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 Pro-
tection Act of 2000, the Trafficking Victims Protection 
Reauthorization Act of 2003, the Trafficking Victims Pro-
tection 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 addi-
tion to any model State antitrafficking statutes in effect 
on the date of the enactment of this Act, the Attorney 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
General shall facilitate the promulgation of a model State 
statute that— 
(1) furthers a comprehensive approach to inves-
tigation and prosecution through modernization of 
State and local prostitution 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 pan-
dering). 
(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 Protec-
tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A)— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(A) by striking ‘‘section 107(b)’’ and in-
serting ‘‘subsections (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 sub-
paragraph (J); and 
(4) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) activities by the Department of De-
fense to combat trafficking in persons, includ-
ing— 
‘‘(i) educational efforts for, and dis-
ciplinary 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 Government contractors and their 
employees or United States Government 
subcontractors and their employees do not 
engage in trafficking in persons; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
‘‘(I) activities or actions by Federal depart-
ments and agencies to enforce— 
‘‘(i) section 106(g) and any similar 
law, regulation, or policy relating to United 
States Government contractors 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, includ-
ing debt bondage; 
‘‘(ii) section 307 of the Tariff Act of 
1930 (19 U.S.C. 1307; relating to prohibi-
tion 
on 
importation 
of 
convict-made 
goods), including any determinations by 
the Secretary 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 produced by slave labor, con-
sistent with Executive Order 13107 (De-
cember 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
of Defense, the Department of State, and the United 
States Agency for International Development shall inves-
tigate 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, knowingly 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 destination; or 
(E) acts otherwise described in section 
106(g) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7104). 
(2) CONSULTATION
AND
INFORMATION
RE-
CEIVED.—In determining the type of contact that 
should be investigated pursuant to subsection (a), 
the Inspectors General shall— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(A) consult with the Director of the Office 
to Combat Trafficking in Persons of the De-
partment of State; and 
(B) take into account any credible infor-
mation 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 inves-
tigations conducted in the previous year, includ-
ing any findings regarding trafficking in per-
sons or any improvements needed to prevent 
trafficking in persons; and 
(B) in the case of any contractor or sub-
contractor with regard to which the Inspector 
General has found substantial evidence of traf-
ficking 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) 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) (relating to ter-
mination of certain grants, contracts and 
cooperative agreements). 
(2) JOINT
REPORT.—The Inspectors General 
described in subsection (a) may submit their reports 
jointly. 
(3) CONGRESSIONAL COMMITTEES.—The com-
mittees 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 Re-
authorization Act of 2005 (42 U.S.C. 14044d) is amended 
by striking ‘‘, as the department or agency determines ap-
propriate,’’. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
SEC. 234. 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. 235. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
(a) COMBATING 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 Homeland 
Security, in conjunction with the Secretary of State, 
the Attorney General, and the Secretary of Health 
and Human Services, shall develop policies and pro-
cedures 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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(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 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 ha-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 (b). 
(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 (b). Nothing in this paragraph 
may be construed to preclude an earlier transfer of 
the child. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(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 the Secretary 
of Health and Human Services and the Sec-
retary of Homeland Security, nongovernmental 
organizations, and other national and inter-
national agencies and experts, to develop and 
implement best practices to ensure the safe and 
sustainable repatriation and reintegration of 
unaccompanied alien children into their country 
of nationality or of last habitual residence, in-
cluding placement with their families, legal 
guardians, or other sponsoring agencies. 
(B) ASSESSMENT
OF
COUNTRY
CONDI-
TIONS.—The Secretary 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 UNAC-
COMPANIED ALIEN CHILDREN.—Not later than 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 Sec-
retary of Homeland Security, shall submit a re-
port to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives on efforts to im-
prove repatriation programs for unaccompanied 
alien children. Such report shall include— 
(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; 
(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 chil-
dren were safely and humanely repatriated 
to their country of nationality or of last 
habitual residence, including a description 
of the repatriation pilot program created 
pursuant to subparagraph (A); 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(iv) a description of the type of immi-
gration relief sought and denied to such 
children; 
(v) any information gathered in as-
sessments of country and local conditions 
pursuant to paragraph (2); and 
(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
PRO-
CEEDINGS.—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 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(iii) provided access to counsel in ac-
cordance with subsection (c)(5). 
(b) COMBATING 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 
(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 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. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—Except in the case of exceptional cir-
cumstances, any department or agency of the Fed-
eral Government that has an unaccompanied alien 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
child in custody shall transfer the custody of such 
child to the Secretary of Health and Human Serv-
ices 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 Homeland Security, shall develop 
procedures to make a prompt determination 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 multiple 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 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, 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
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 
may consider danger to self, danger to the commu-
nity, and risk of flight. Placement of child traf-
ficking victims may include placement in an Unac-
companied Refugee Minor program, pursuant to sec-
tion 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 of-
fense. 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 Secretary, to determine if such placement re-
mains warranted. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
(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 
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 sig-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
nificantly harmed or threatened, or a child 
whose proposed sponsor clearly presents a risk 
of abuse, maltreatment, exploitation, or traf-
ficking to the child based on all available objec-
tive evidence. The Secretary of Health and 
Human Services shall conduct follow-up serv-
ices, during the pendency of removal pro-
ceedings, on children for whom a home study 
was conducted and is authorized to conduct fol-
low-up services 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 as-
sessments from appropriate Federal, State, and 
local law enforcement and immigration data-
bases. 
(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-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
entation presentations provided through the Legal 
Orientation Program administered by the Executive 
Office for Immigration Review. At a minimum, such 
presentations shall address the custodian’s responsi-
bility 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 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 (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 vic-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
tims and other vulnerable unaccompanied alien chil-
dren. A child advocate shall be provided 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 opin-
ion received from the child in the course of serving 
as a child advocate. The child advocate shall be pre-
sumed 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 in-
dividual or entity appointed by a State or juve-
nile court located in the United States, and 
whose reunification with 1 or both of the immi-
grant’s parents is not viable due to abuse, ne-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
glect, 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 ex-
pressly consents to the dependency order 
serving as a precondition to the grant of 
special immigrant juvenile status;’’ and in-
serting ‘‘the Secretary of Homeland Secu-
rity consents to the grant of special immi-
grant juvenile status,’’; and 
(ii) in subclause (I), by striking ‘‘in 
the actual or constructive custody of the 
Attorney General unless the Attorney Gen-
eral specifically consents to such jurisdic-
tion;’’ and inserting ‘‘in the custody of the 
Secretary of Health and Human Services 
unless the Secretary of Health and Human 
Services specifically consents to such juris-
diction;’’. 
(2) EXPEDITIOUS ADJUDICATION.—All applica-
tions for special immigrant status under section 
101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated 
by the Secretary of Homeland Security not later 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
HR 7311 RDS
than 180 days after the date on which the applica-
tion is filed. 
(3) 
ADJUSTMENT
OF
STATUS.—Section 
245(h)(2)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 
follows: 
‘‘(A) 
paragraphs 
(4), 
(5)(A), 
(6)(A), 
(6)(C), (6)(D), (7)(A), and (9)(B) of section 
212(a) shall not apply; and’’. 
(4) ELIGIBILITY FOR ASSISTANCE.— 
(A) IN GENERAL.—A child who has been 
granted special immigrant status under section 
101(a)(27)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(27)(J)) and who 
was either in the custody of the Secretary of 
Health and Human Services at the time a de-
pendency order was granted for such child or 
who was receiving services pursuant to section 
501(a) of the Refugee Education Assistance Act 
of 1980 (8 U.S.C. 1522 note) at the time such 
dependency order was granted, shall be eligible 
for placement and services under section 412(d) 
of the Immigration and Nationality Act (8 
U.S.C. 1522(d)) until the earlier of— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
100 
HR 7311 RDS
(i) the date on which the child reaches 
the age designated in section 412(d)(2)(B) 
of the Immigration and Nationality Act (8 
U.S.C. 1522(d)(2)(B)); or 
(ii) the date on which the child is 
placed in a permanent adoptive home. 
(B) STATE REIMBURSEMENT.—Subject to 
the availability of appropriations, if State foster 
care funds are expended on behalf of a child 
who is not described in subparagraph (A) and 
has been granted special immigrant status 
under section 101(a)(27)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 
the Federal Government shall reimburse the 
State in which the child resides for such ex-
penditures by the State. 
(5) 
STATE
COURTS
ACTING
IN
LOCO 
PARENTIS.—A department or agency of a State, or 
an individual or entity appointed by a State court or 
juvenile court located in the United States, acting in 
loco parentis, shall not be considered a legal guard-
ian for purposes of this section or section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279). 
(6) TRANSITION
RULE.—Notwithstanding any 
other provision of law, an alien described in section 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
101 
HR 7311 RDS
101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)), as amended by para-
graph (1), may not be denied special immigrant sta-
tus under such section after the date of the enact-
ment of this Act based on age if the alien was a 
child on the date on which the alien applied for such 
status. 
(7) ACCESS
TO
ASYLUM
PROTECTIONS.—Sec-
tion 208 of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended— 
(A) in subsection (a)(2), by adding at the 
end the following: 
‘‘(E) APPLICABILITY.—Subparagraphs (A) 
and (B) shall not apply to an unaccompanied 
alien child (as defined in section 462(g) of the 
Homeland Security Act of 2002 (6 U.S.C. 
279(g))).’’; and 
(B) in subsection (b)(3), by adding at the 
end the following: 
‘‘(C) INITIAL JURISDICTION.—An asylum 
officer (as defined in section 235(b)(1)(E)) 
shall have initial jurisdiction over any asylum 
application filed by an unaccompanied alien 
child (as defined in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g))), 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
102 
HR 7311 RDS
regardless of whether filed in accordance with 
this section or section 235(b).’’. 
(8) SPECIALIZED NEEDS OF UNACCOMPANIED 
ALIEN
CHILDREN.—Applications for asylum and 
other forms of relief from removal in which an unac-
companied alien child is the principal applicant shall 
be governed by regulations which take into account 
the specialized needs of unaccompanied alien chil-
dren and which address both procedural and sub-
stantive aspects of handling unaccompanied alien 
children’s cases. 
(e) TRAINING.—The Secretary of State, the Sec-
retary of Homeland Security, the Secretary of Health and 
Human Services, and the Attorney General shall provide 
specialized training to all Federal personnel, and upon re-
quest, state and local personnel, who have substantive con-
tact with unaccompanied alien children. Such personnel 
shall be trained to work with unaccompanied alien chil-
dren, including identifying children who are victims of se-
vere forms of trafficking in persons, and children for 
whom asylum or special immigrant relief may be appro-
priate, including children described in subsection (a)(2). 
(f) AMENDMENTS
TO
THE HOMELAND SECURITY 
ACT OF 2002.— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
103 
HR 7311 RDS
(1) ADDITIONAL
RESPONSIBILITIES.—Section 
462(b)(1)(L) of the Homeland Security Act of 2002 
(6 U.S.C. 279(b)(1)(L)) is amended by striking the 
period at the end and inserting ‘‘, including regular 
follow-up visits to such facilities, placements, and 
other entities, to assess the continued suitability of 
such placements.’’. 
(2) TECHNICAL CORRECTIONS.—Section 462(b) 
of such Act (6 U.S.C. 279(b)) is further amended— 
(A) in paragraph (3), by striking ‘‘para-
graph (1)(G),’’ and inserting ‘‘paragraph (1),’’; 
and 
(B) by adding at the end the following: 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2)(B) may be construed to require that 
a bond be posted for an unaccompanied alien child 
who is released to a qualified sponsor.’’. 
(g) 
DEFINITION
OF
UNACCOMPANIED
ALIEN 
CHILD.—For purposes of this section, the term ‘‘unaccom-
panied alien child’’ has the meaning given such term in 
section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)). 
(h) EFFECTIVE DATE.—This section— 
(1) shall take effect on the date that is 90 days 
after the date of the enactment of this Act; and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
104 
(2) shall also apply to all aliens in the United 
States in pending proceedings before the Depart-
ment of Homeland Security or the Executive Office 
for Immigration Review, or related administrative or 
Federal appeals, on the date of the enactment of 
this Act. 
(i) GRANTS
AND CONTRACTS.—The Secretary of 
Health and Human Services may award grants to, and 
enter into contracts with, voluntary agencies to carry out 
this section and section 462 of the Homeland Security Act 
of 2002 (6 U.S.C. 279). 
SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM. 
(a) IN GENERAL.—Following any conviction of an in-
dividual for a violation of section 2423 of title 18, United 
States Code, the Attorney General shall notify in a timely 
manner— 
(1) the Secretary of State for appropriate ac-
tion under subsection (b); and 
(2) the Secretary of Homeland Security for ap-
propriate action under the Immigration and Nation-
ality Act. 
(b) AUTHORITY TO RESTRICT PASSPORT.— 
(1) INELIGIBILITY FOR PASSPORT.— 
(A) IN GENERAL.—The Secretary of State 
shall not issue a passport or passport card to 
VerDate Aug 31 2005 
03:23 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
105 
HR 7311 RDS
an individual who is convicted of a violation of 
section 2423 of title 18, United States Code, 
during the covered period if the individual used 
a passport or passport card or otherwise 
crossed an international border in committing 
the offense. 
(B) PASSPORT
REVOCATION.—The Sec-
retary of State shall revoke a passport or pass-
port card previously issued to an individual de-
scribed in subparagraph (A). 
(2) EXCEPTIONS.— 
(A) EMERGENCY AND HUMANITARIAN SIT-
UATIONS.—Notwithstanding paragraph (1), the 
Secretary of State may issue a passport or 
passport card, in emergency circumstances or 
for humanitarian reasons, to an individual de-
scribed in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED 
STATES.—Notwithstanding paragraph (1), the 
Secretary of State may, prior to revocation, 
limit a previously issued passport or passport 
card only for return travel to the United States, 
or may issue a limited passport or passport 
card that only permits return travel to the 
United States. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
106 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘covered period’’ means the 
period beginning on the date on which an indi-
vidual is convicted of a violation of section 2423 
of title 18, United States Code, and ending on 
the later of— 
(i) the date on which the individual is 
released from a sentence of imprisonment 
relating to the offense; and 
(ii) the end of a period of parole or 
other supervised release of the covered in-
dividual relating to the offense; and 
(B) the term ‘‘imprisonment’’ means being 
confined in or otherwise restricted to a jail, 
prison, half-way house, treatment facility, or 
another institution, on a full or part-time basis, 
pursuant to the sentence imposed as the result 
of a criminal conviction. 
SEC. 237. ADDITIONAL REPORTING ON CRIME. 
(a) TRAFFICKING OFFENSE CLASSIFICATION.—The 
Director of the Federal Bureau of Investigation shall— 
(1) classify the offense of human trafficking as 
a Part I crime in the Uniform Crime Reports; 
(2) to the extent feasible, establish subcat-
egories for State sex crimes that involve— 
VerDate Aug 31 2005 
03:23 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
107 
HR 7311 RDS
(A) a person who is younger than 18 years 
of age; 
(B) the use of force, fraud or coercion; or 
(C) neither of the elements described in 
subparagraphs (A) and (B); and 
(3) classify the offense of human trafficking as 
a Group A offense for purpose of the National Inci-
dent-Based Reporting System. 
(b) ADDITIONAL INFORMATION.—The Director of the 
Federal Bureau of Investigation shall revise the Uniform 
Crime Reporting System and the National Incident-Based 
Reporting System to distinguish between reports of— 
(1) incidents of assisting or promoting prostitu-
tion, which shall include crimes committed by per-
sons who— 
(A) do not directly engage in commercial 
sex acts; and 
(B) direct, manage, or profit from such 
acts, such as State pimping and pandering 
crimes; 
(2) incidents of purchasing prostitution, which 
shall include crimes committed by persons who pur-
chase or attempt to purchase or trade anything of 
value for commercial sex acts; and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
108 
HR 7311 RDS
(3) incidents of prostitution, which shall include 
crimes committed by persons providing or attempt-
ing to provide commercial sex acts. 
(c) REPORTS AND STUDIES.— 
(1) REPORTS.—Not later than February 1, 
2010, the Attorney General shall submit to the Com-
mittee on Foreign Affairs and the Committee on the 
Judiciary of the House of Representatives and the 
Committee on Foreign Relations and the Committee 
on the Judiciary of the Senate reports on the fol-
lowing: 
(A) Activities or actions, in fiscal years 
2001 through 2009, by Federal departments 
and agencies to enforce the offenses set forth in 
chapter 117 of title 18, United States Code, in-
cluding information regarding the number of 
prosecutions, the number of convictions, an 
identification of multiple-defendant cases and 
the results thereof, and, for fiscal years 2008 
and 2009, the number of prosecutions, the 
number of convictions, and an identification of 
multiple-defendant case and the results thereof, 
the use of expanded statutes of limitation and 
other tools to prosecute crimes against children 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
109 
HR 7311 RDS
who reached the age of eighteen years since the 
time the crime was committed. 
(B) The interaction, in Federal human 
trafficking prosecutions in fiscal years 2001 
through 2010, of Federal restitution provisions 
with those provisions of law allowing restoration 
and remission of criminally and civilly forfeited 
property, including the distribution of proceeds 
among multiple victims. 
(C) Activities or actions, in fiscal years 
2001 through 2010, to enforce the offenses set 
forth in chapters 95 and 96 of title 18, United 
States Code, in cases involving human traf-
ficking, sex trafficking, or prostitution offenses. 
(D) Activities or actions, in fiscal years 
2008 and 2009, by Federal departments and 
agencies to enforce the offenses set forth in the 
Act of August 15, 1935 (49 Stat. 651; D.C. 
Code 22–2701 et seq.) (relating to prostitution 
and pandering), including information regard-
ing the number of prosecutions, the number of 
convictions, and an identification of multiple-de-
fendant cases and the results thereof. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
110 
HR 7311 RDS
(2) STUDIES.—Subject to availability of appro-
priations, the head of the National Institute of Jus-
tice shall conduct— 
(A) a comprehensive study to examine the 
use of Internet-based businesses and services by 
criminal actors in the sex industry, and to dis-
seminate best practices for investigation and 
prosecution of trafficking and prostitution of-
fenses involving the Internet; and 
(B) a comprehensive study to examine the 
application of State human trafficking statutes, 
including such statutes based on the model law 
developed by the Department of Justice, cases 
prosecuted thereunder, and the impact, if any, 
on enforcement of other State criminal statutes. 
(3) 
STUDIES
PREVIOUSLY
REQUIRED
BY 
LAW.—Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall re-
port to the Committee on Foreign Affairs and the 
Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Foreign Rela-
tions and the Committee on the Judiciary of the 
Senate on the status of the studies required by para-
graph (B)(i) and (ii) of section 201(a)(1) of the 
Trafficking Victims Protection Reauthorization Act 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
111 
of 2005 (42 U.S.C. 14044(a)(1)) and indicate the 
projected date when such studies will be completed. 
SEC. 238. PROCESSING OF CERTAIN VISAS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Foreign Affairs 
and the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Foreign Relations and 
the Committee on the Judiciary of the Senate a report 
on the operations of the specially trained Violence Against 
Women Act Unit at the Citizenship and Immigration Serv-
ice’s Vermont Service Center. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following elements: 
(1) Detailed information about the funds ex-
pended to support the work of the Violence Against 
Women Act Unit at the Vermont Service Center. 
(2) A description of training for adjudicators, 
victim witness liaison officers, managers, and others 
working in the Violence Against Women Act Unit, 
including general training and training on confiden-
tiality issues. 
(3) Measures taken to ensure the retention of 
specially trained staff within the Violence Against 
Women Act Unit. 
VerDate Aug 31 2005 
03:23 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
112 
HR 7311 RDS
(4) Measures taken to ensure the creation and 
retention of a core of supervisory staff within the Vi-
olence Against Women Act Unit and the Vermont 
Service Center with responsibility over resource allo-
cation, policy, program development, training and 
other substantive or operational issues affecting the 
Unit, who have historical knowledge and experience 
with the Trafficking Victims Protection Act of 2000, 
the Violence Against Women Act of 1994, Violence 
Against Women Act of 1994 confidentiality, and the 
specialized policies and procedures of the Depart-
ment of Homeland Security and its predecessor 
agencies in such cases. 
(5) Measures taken to ensure routine consulta-
tion between the Violence Against Women Act Unit, 
U.S. Citizenship and Immigration Services Head-
quarters, and the Office of Policy and Strategy dur-
ing the development of any Department of Home-
land Security regulations or policies that impact Vio-
lence Against Women Act of 1994 confidentiality- 
protected victims and their derivative family mem-
bers. 
(6) Information on any circumstances in which 
victim-based immigration applications have been ad-
judicated by entities other than the Violence Against 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
113 
HR 7311 RDS
Women Act Unit at the Vermont Service Center, in-
cluding reasons for such action and what steps, if 
any, were taken to ensure that such applications 
were handled by trained personnel and what steps 
were taken to comply with the confidentiality provi-
sions of the Violence Against Women Act of 1994. 
(7) Information on the time in which it takes 
to adjudicate victim-based immigration applications, 
including the issuance of visas, work authorization 
and deferred action in a timely manner consistent 
with the safe and competent processing of such ap-
plications, and steps taken to improve in this area. 
SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN 
CONSULAR SERVICES. 
(a) INCREASE IN FEE.—Notwithstanding any other 
provision of law, not later than October 1, 2009, the Sec-
retary of State shall increase by $1 the fee or surcharge 
assessed under section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103–236; 8 U.S.C. 1351 note) for processing ma-
chine-readable nonimmigrant visas and machine-readable 
combined border crossing identification cards and non-
immigrant visas. 
(b) DEPOSIT OF AMOUNTS.—Notwithstanding sec-
tion 140(a)(2) of the Foreign Relations Authorization Act, 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
114 
HR 7311 RDS
Fiscal Years 1994 and 1995 (Public Law 103–236; 8 
U.S.C. 1351 note), the additional amount collected pursu-
ant the fee increase under subsection (a) shall be deposited 
in the Treasury. 
(c) DURATION OF INCREASE.—The fee increase au-
thorized under subsection (a) shall terminate on the date 
that is 3 years after the first date on which such increased 
fee is collected. 
TITLE III—AUTHORIZATIONS OF 
APPROPRIATIONS 
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 
Section 113 of the Trafficking Victims Protection Act 
of 2000, as amended by section 213(a)(2), is amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘section 104, and’’; 
and 
(ii) by striking ‘‘$1,500,000’’ and all 
that follows through ‘‘$5,500,000 for each 
of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$5,500,000 for each of the fiscal 
years 2008 through 2011’’; and 
(B) in the second sentence— 
(i) by striking ‘‘for official reception 
and representation expenses $3,000’’ and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
115 
HR 7311 RDS
inserting ‘‘$1,500,000 for additional per-
sonnel for each of the fiscal years 2008 
through 2011, and $3,000 for official re-
ception and representation expenses’’; and 
(ii) by striking ‘‘2006 and 2007’’ and 
inserting ‘‘2008 through 2011’’; 
(2) 
in 
subsection 
(b)(1), 
by 
striking 
‘‘$5,000,000’’ and all that follows and inserting 
‘‘$12,500,000 for each of the fiscal years 2008 
through 2011’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2004, 2005, 2006, 
and 2007’’ each place it appears and in-
serting ‘‘2008 through 2011’’; and 
(ii) in subparagraph (B), by adding at 
the end the following: ‘‘To carry out the 
purposes of section 107(a)(1)(F), there are 
authorized to be appropriated to the Sec-
retary of State $1,000,000 for each of the 
fiscal years 2008 through 2011.’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as redesignated— 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
116 
HR 7311 RDS
(i) by striking ‘‘section 104’’ and in-
serting ‘‘sections 116(f) and 502B(h) of 
the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(f) and 2304(h))’’; and 
(ii) by striking ‘‘, including the prepa-
ration’’ and all that follows and inserting 
a period; 
(4) in subsection (d)— 
(A) in the first sentence, by striking 
‘‘$5,000,000’’ and all that follows through 
‘‘2007’’ and inserting ‘‘$10,000,000 for each of 
the fiscal years 2008 through 2011’’; and 
(B) in the second sentence, by striking 
‘‘2004, 2005, 2006, and 2007’’ and inserting 
‘‘2008 through 2011’’; 
(5) in subsection (e)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$5,000,000’’ and all that follows and inserting 
‘‘$15,000,000 for each of the fiscal years 2008 
through 2011.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘section 109’’ and in-
serting ‘‘section 134 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2152d)’’; and 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
117 
HR 7311 RDS
(ii) by striking ‘‘$5,000,000’’ and all 
that follows and inserting ‘‘$15,000,000 
for each of the fiscal years 2008 through 
2011.’’; and 
(C) 
in 
paragraph 
(3), 
by 
striking 
‘‘$300,000’’ and all that follows and inserting 
‘‘$2,000,000 for each of the fiscal years 2008 
through 2011.’’; 
(6) in subsection (f), by striking ‘‘$5,000,000’’ 
and all that follows and inserting ‘‘$10,000,000 for 
each of the fiscal years 2008 through 2011.’’; 
(7) in subsection (h), by striking ‘‘fiscal year 
2006’’ and inserting ‘‘each of the fiscal years 2008 
through 2011’’; and 
(8) in subsection (i), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’. 
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR-
IZATION ACT OF 2005. 
The Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109–164) is amended— 
(1) in section 102(b)(7), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’; 
(2) in section 201(c)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$2,500,000 for each of the fiscal years 2006 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
118 
HR 7311 RDS
and 2007’’ each place it appears and inserting 
‘‘$1,500,000 for each of the fiscal years 2008 
through 2011’’; and 
(B) in paragraph (2), by striking ‘‘2006 
and 2007’’ and inserting ‘‘2008 through 2011’’; 
(3) in section 202(d), by striking ‘‘$10,000,000 
for each of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$8,000,000 for each of the fiscal years 
2008 through 2011’’; 
(4) in section 203(g), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’; and 
(5) in section 204(d), by striking ‘‘$25,000,000 
for each of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$20,000,000 for each of the fiscal years 
2008 through 2011’’. 
SEC. 303. RULE OF CONSTRUCTION. 
The amendments made by sections 301 and 302 may 
not be construed to affect the availability of funds appro-
priated pursuant to the authorizations of appropriations 
under the Trafficking Victims Protection Act of 2000 (di-
vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.) 
and the Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109–164) before the date of the 
enactment of this Act. 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
119 
HR 7311 RDS
SEC. 304. TECHNICAL AMENDMENTS. 
(a) TRAFFICKING VICTIMS PROTECTION ACT
OF 
2000.—Sections 103(1) and 105(d)(7) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102(1) and 
7103(d)(7)) are each amended by striking ‘‘Committee on 
International Relations’’ each place it appears and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(b) TRAFFICKING VICTIMS PROTECTION REAUTHOR-
IZATION ACT
OF 2005.—Section 102(b)(6) and sub-
sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf-
ficking Victims Protection Reauthorization Act of 2005 
(Public Law 109–164) are amended by striking ‘‘Com-
mittee on International Relations’’ each place it appears 
and inserting ‘‘Committee on Foreign Affairs’’. 
TITLE IV—CHILD SOLDIERS 
PREVENTION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Child Soldiers Preven-
tion Act of 2008’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
120 
HR 7311 RDS
(B) the Committee on Appropriations of 
the Senate; 
(C) the Committee on Foreign Affairs of 
the House of Representatives; and 
(D) the Committee on Appropriations of 
the House of Representatives. 
(2) CHILD SOLDIER.—Consistent with the pro-
visions of the Optional Protocol to the Convention of 
the Rights of the Child, the term ‘‘child soldier’’— 
(A) means— 
(i) any person under 18 years of age 
who takes a direct part in hostilities as a 
member of governmental armed forces; 
(ii) any person under 18 years of age 
who has been compulsorily recruited into 
governmental armed forces; 
(iii) any person under 15 years of age 
who has been voluntarily recruited into 
governmental armed forces; or 
(iv) any person under 18 years of age 
who has been recruited or used in hos-
tilities by armed forces distinct from the 
armed forces of a state; and 
(B) includes any person described in 
clauses (ii), (iii), or (iv) of subparagraph (A) 
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS
121 
HR 7311 RDS
who is serving in any capacity, including in a 
support role such as a cook, porter, messenger, 
medic, guard, or sex slave. 
SEC. 403. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States Government should con-
demn the conscription, forced recruitment, or use of 
children by governments, paramilitaries, or other or-
ganizations; 
(2) the United States Government should sup-
port and, to the extent practicable, lead efforts to es-
tablish and uphold international standards designed 
to end the abuse of human rights described in para-
graph (1); 
(3) the United States Government should ex-
pand ongoing services to rehabilitate recovered child 
soldiers and to reintegrate such children back into 
their respective communities by— 
(A) offering ongoing psychological services 
to help such children— 
(i) to recover from the trauma suf-
fered during their forced military involve-
ment; 
(ii) to relearn how to interact with 
others in nonviolent ways so that such chil-
VerDate Aug 31 2005 
01:59 Dec 11, 2008
Jkt 079200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H7311.RDS
H7311
wwoods2 on PRODPC68 with BILLS