(2) SEVERE
FORMS
OF
TRAFFICKING
IN
PER-
SONS.—The term ‘‘severe forms of trafficking in per-
sons’’ has the meaning given the term in section 103 
of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102). 
SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF 
HOMELAND SECURITY AND ATTORNEY GEN-
ERAL. 
(a) 
T 
VISA
CLASSIFICATION.—Section 
101(a)(15)(T)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(T)(i)), as amended by section 201(a), 
is further amended by striking ‘‘, or in the case of subclause 
(III)(aa) the Secretary of Homeland Security and the At-
torney General jointly,’’. 
(b) ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING.—Section 245(l)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1255(l)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘, or in the case of subparagraph (C)(i), 
the Attorney General,,’’; 
(2) in subparagraph (A), by striking ‘‘Attorney 
General,’’ and inserting ‘‘Secretary of Homeland Se-
curity,’’; and 
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(3) in subparagraph (C)(ii), by striking ‘‘, or in 
the case of subparagraph (C)(i), the Attorney Gen-
eral,’’. 
(c) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 
Section 245(m)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1255(m)(1)) is amended, in the matter preceding 
subparagraph (A), by striking ‘‘unless the Attorney Gen-
eral’’ and inserting ‘‘unless the Secretary’’. 
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS 
ON PETITIONS AND APPLICATIONS FOR RE-
LIEF. 
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) In the case of an alien in the United States 
for whom an application for nonimmigrant status (whether 
as a principal alien or a derivative relative) under section 
101(a)(15)(T) has been filed, if the application sets forth 
a prima facie case for approval, the Secretary of Homeland 
Security may grant the alien a stay of removal or deporta-
tion until the application is approved or the application 
is denied after exhaustion of administrative appeals. Any 
appeal of the denial of a stay of removal or deportation 
under this paragraph must accompany any appeal of the 
underlying substantive petition or application for benefits. 
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‘‘(2) During a period in which an alien is provided 
a stay of removal under this subsection, the alien shall not 
be removed or deported. 
‘‘(3) Nothing in this subsection shall be construed as 
limiting the authority of the Secretary of Homeland Secu-
rity to grant a stay of removal or deportation in any case 
not described in this subsection.’’. 
SEC. 205. PAROLE FOR DERIVATIVES OF TRAFFICKING VIC-
TIMS. 
Section 240A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(b)) is amended by adding at the end 
the following: 
‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 
‘‘(A) IN GENERAL.—Upon written request 
by a law enforcement official, the Secretary of 
Homeland Security shall grant parole under sec-
tion 212(d)(5) to any alien who is a relative of 
an alien granted continued presence pursuant to 
section 107(c)(3)(A) of the Trafficking Victims 
Protection Act (22 U.S.C. 7105(c)(3)(A)), if the 
relative was, on the date on which law enforce-
ment applied for such continued presence— 
‘‘(i) in the case of an alien granted 
continued presence who is under 21 years of 
age, the spouse, child, parent, or unmarried 
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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 a 
parent or sibling of the alien who establishes 
a present danger of retaliation as a result 
of the alien’s cooperation with law enforce-
ment. 
‘‘(B) DURATION OF PAROLE.— 
‘‘(i) IN GENERAL.—The grant of parole 
under subparagraph (A) shall extend until 
the date an application filed by the prin-
cipal alien under section 101(a)(15)(T)(ii) 
has been finally adjudicated. 
‘‘(ii) OTHER LIMITS ON DURATION.—If 
no such application is filed, the grant of pa-
role shall extend until the later of— 
‘‘(I) the date on which the prin-
cipal alien’s continued presence in the 
United 
States 
under 
section 
107(c)(3)(A) of the Trafficking Victims 
Protection 
Act 
(22 
U.S.C. 
7105(c)(3)(A)) is terminated; or 
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‘‘(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 subpara-
graph (A) may result in revocation of pa-
role.’’. 
SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS 
PROTECTION 
REAUTHORIZATION 
ACT 
OF 
2005. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall issue 
interim regulations regarding the adjustment of status to 
permanent residence for nonimmigrants admitted into the 
United States under section 101(a)(15)(T) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)). If the 
regulations are not issued before such deadline, the Sec-
retary shall submit a report to the Committee 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 explain-
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ing in detail the reasons such regulations have not been 
issued . 
Subtitle B—Assistance for 
Trafficking Victims 
SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROC-
ESS. 
Subsection 107(b)(1)(E) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)), is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘consultation’’ and all that follows 
through ‘‘person’’ and inserting ‘‘consultation 
with the Attorney General or the Secretary of 
Homeland Security, that the person’’; and 
(B) in subclause (II)(bb), by striking 
‘‘United States’’ and all that follows through 
‘‘ensuring’’ and inserting ‘‘United States the 
Secretary of Homeland Security is ensuring’’; 
and 
(2) in clause (ii), by striking ‘‘so long as’’ and 
all that follows through ‘‘determines’’ and inserting 
‘‘so long as the Secretary of Homeland Security deter-
mines’’. 
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SEC. 212. ASSISTANCE FOR CERTAIN VISA APPLICANTS. 
(a) IN GENERAL.—Section 431(c) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1641(c)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(2)(B); 
(2) by striking the period at the end of para-
graph (3)(B) and inserting ‘‘or;’’; and 
(3) by adding at the end the following: 
‘‘(4) an alien who has applied for and not been 
denied, or who holds, status as a nonimmigrant 
under clause (i) or (ii) of section 101(a)(15)(T) of the 
Immigration and Nationality Act.’’. 
(b) 
CONSTRUCTION.—The 
provisions 
of 
section 
431(c)(4) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(4)), as 
added by subsection (a), are in addition to the access to 
public benefits provided in the Trafficking Victims Protec-
tion Act of 2000 and the Trafficking Victims Reauthoriza-
tion Act of 2003. 
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations to 
carry out such amendments are implemented. 
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SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF 
TRAFFICKING. 
(a) IN GENERAL.—Subsection (b)(1) of section 107 of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105) is amended by adding at the end the following new 
subparagraphs: 
‘‘(F) ELIGIBILITY OF INTERIM ASSISTANCE 
FOR CHILD VICTIMS.— 
‘‘(i) DETERMINATION.—With respect to 
a person referred to in subparagraph 
(C)(ii)(I) who is seeking assistance under 
this paragraph, if credible information is 
presented on behalf of the person that the 
person has been subjected to a severe form 
of trafficking in persons, the Secretary of 
Health and Human Services shall promptly 
make a determination of the person’s eligi-
bility under this paragraph. 
‘‘(ii) 
EXCLUSIVE
AUTHORITY.—The 
Secretary of Health and Human Services 
shall have exclusive authority in making de-
terminations of eligibility under clause (i). 
‘‘(iii) DURATION.—Assistance provided 
under this paragraph for an individual de-
termined to be eligible under clause (i) may 
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be provided for up to 90 days and may be 
extended for an additional 30 days. 
‘‘(iv) SENSE OF CONGRESS.—It is the 
sense of Congress that— 
‘‘(I) to ensure the best interests of 
the child and to create an increased 
chance of cooperation by child victims 
of severe forms of trafficking in per-
sons, the United States Government 
should provide assistance to protect 
and care for such child victims during 
the pendency of proceedings to deter-
mine whether a child is a victim of se-
vere forms of trafficking; and 
‘‘(II) in order to further the objec-
tive of subclause (I), the Secretary of 
Health and Human Services should 
make the determination of eligibility 
for assistance under clause (i) on the 
basis of the information provided and 
the Secretary’s own assessment of such 
information without regard to the as-
sessments by other departments and 
agencies of the United States Govern-
ment regarding whether such child vic-
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tim’s application for relief or benefits 
under this Act or the Immigration and 
Nationality Act will be approved. 
‘‘(G) NOTIFICATION OF CHILD VICTIMS FOR 
INTERIM ASSISTANCE.— 
‘‘(i) FEDERAL OFFICIALS.—Any Fed-
eral official who has reason to believe that 
a person may be a juvenile victim of traf-
ficking 
referred 
to 
in 
subparagraph 
(C)(ii)(I) shall notify the Secretary of 
Health and Human Services not later than 
48 hours after the official first learns that 
the person may be a juvenile victim of traf-
ficking for the purpose of facilitating the 
provision of interim assistance under sub-
paragraph (F). 
‘‘(ii) STATE AND LOCAL OFFICIALS.— 
Any State or local official who has reason 
to believe that a person may be a juvenile 
victim of trafficking referred to in subpara-
graph (C)(ii)(I) shall notify the Secretary of 
Health and Human Services not later than 
72 hours after the official first learns that 
the person may be a juvenile victim of traf-
ficking for the purpose of facilitating the 
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provision of interim assistance under sub-
paragraph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Sub-
section (c)(4) of such section is amended— 
(1) by striking ‘‘and the Department of Justice’’ 
and inserting ‘‘, the Department of Homeland Secu-
rity, and the Department of Health and Human 
Services’’; 
(2) by inserting before the period at the end the 
following: ‘‘, including the identification of juvenile 
victims of trafficking’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘The Attorney General and the Secretary of 
Heath and Human Services shall provide education 
and guidance to State and local officials on the iden-
tification of aliens who are the victims of severe forms 
of trafficking, and in particular child victims of traf-
ficking, including education and guidance on the re-
quirements of subsection (b)(1)(G)(ii).’’. 
SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF 
TRAFFICKING IN PERSONS. 
(a) AMENDMENTS TO THE TRAFFICKING VICTIMS PRO-
TECTION ACT OF 2000.— 
(1) ASSISTANCE
FOR
UNITED
STATES
CITI-
ZENS.—Section 107 of the Trafficking Victims Protec-
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tion Act of 2000 (22 U.S.C. 7105) is amended by 
adding at the end the following: 
‘‘(h) ASSISTANCE FOR UNITED STATES CITIZENS.— 
‘‘(1) IN GENERAL.—The Secretary of Health and 
Human Services and the Attorney General, in con-
sultation with the Secretary of State and the Sec-
retary of Labor, are authorized to establish a program 
to provide assistance to United States citizens who 
are victims of severe forms of trafficking. In deter-
mining the types of assistance that would be most 
beneficial for such victims, the Secretary of Health 
and Human Services and the Attorney General shall 
consult with nongovernmental organizations that pro-
vide services to victims of severe forms of trafficking 
in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addition 
to such other specialized services as may be required 
for victims described in paragraph (1), the program 
established pursuant to paragraph (1) shall facilitate 
communication and coordination between the pro-
viders of assistance to such victims, and provide a 
means of identifying such providers and making re-
ferrals to programs for which such victims are al-
ready eligible (including programs administered by 
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the Department of Justice and the Department of 
Health and Human Services). 
‘‘(3) GRANTS.—The Secretary of Health and 
Human Services and the Attorney General may make 
grants to States, Indian tribes, units of local govern-
ment, and non-profit, nongovernmental victims’ serv-
ice organizations to develop, expand, and strengthen 
victim service programs authorized under this sub-
section. The Federal share of a grant made under this 
subsection may not exceed 75 percent of the total costs 
of the projects described in the application sub-
mitted.’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 113 of such Act (22 U.S.C. 7110) is amended— 
(A) in subsection (b), by adding at the end 
the following new sentence: ‘‘To carry out the 
purposes of section 107(h), there are authorized 
to be appropriated to the Secretary of Health 
and Human Services $2,500,000 for fiscal year 
2008, 
$5,000,0000 
for 
fiscal 
year 
2009, 
$10,000,000 
for 
fiscal 
year 
2010, 
and 
$15,000,000 for fiscal year 2011.’’; and 
(B) in subsection (d), by adding at the end 
the following new sentence: ‘‘To carry out the 
purposes of section 107(h), there are authorized 
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to be appropriated to the Attorney General 
$2,500,000 for fiscal year 2008, $5,000,0000 for 
fiscal year 2009, $10,000,000 for fiscal year 
2010, and $15,000,000 for fiscal year 2011.’’. 
(b) ASSISTANCE FOR POTENTIAL VICTIMS OF TRAF-
FICKING AND RELATED CRIMES.— 
(1) VICTIMS
OF
CRIMES
ACT.—The Attorney 
General is authorized to use funds available under the 
Victims of Crimes Act of 1984 to provide assistance 
to persons victimized in cases brought under chapter 
117 of title 18, United States Code. 
(2) USE OF EXISTING PROGRAMS.—The Presi-
dent is authorized to facilitate communication and 
coordination between the providers of assistance to 
persons victimized in cases brought under chapter 117 
of title 18, United States Code, and to provide a 
means of identifying such providers and making re-
ferrals to programs for which such victims are al-
ready eligible (including programs administered by 
the Department of Justice and the Department of 
Health and Human Services). 
(3) EFFECT ON OTHER PROGRAMS.—Nothing in 
this section or the amendments made by this section 
shall derogate from the programs for victims of sexual 
abuse or commercial sexual exploitation or survivors 
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of sexual abuse or commercial sexual exploitation au-
thorized by section 202 of the Trafficking Victims 
Protection Reauthorization of 2005. 
(c) PARTNERSHIPS AMONG ORGANIZATIONS.—Begin-
ning not later than 120 days after the date of the enactment 
of this Act, all applications for grants made by the Attorney 
General or the Secretary of Health and Human Services 
to States, Indian tribes, units of local government, and non-
profit, nongovernmental victims’ service organizations to 
establish or maintain assistance programs for victims of se-
vere forms of trafficking in persons or sex trafficking that 
occurs, in whole or in part, within the territorial jurisdic-
tion of the United States shall include a statement by the 
applicant of whether the services will be available to both 
United States citizens and foreign trafficking victims, or 
if the applicant intends to specialize in serving a particular 
victim population, what referral mechanisms or collabo-
rative relationships they will undertake to ensure that all 
victims are assisted regardless of alienage. The statement 
required by this section will not be used to make a deter-
mination regarding the award of the grant. 
(d) STUDY.— 
(1) REQUIREMENT.—Not later than one year 
after the date of the enactment of this Act, the Attor-
ney General and the Secretary of Health and Human 
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Services shall submit to the appropriate congressional 
committees a report identifying the existence or extent 
of any service gap between foreign and United States 
citizen victims of severe forms of trafficking and vic-
tims of sex trafficking, as defined in section 103 of the 
Trafficking Victims Protection Act of 2000. 
(2) ELEMENTS.—In carrying out the study 
under subparagraph (1), the Attorney General and 
Secretary of Health and Human Services shall— 
(A) investigate factors relating to the legal 
ability of foreign and United States citizen vic-
tims of trafficking to access government-funded 
social services in general, including the applica-
tion of the Personal 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 (divi-
sion C of Public Law 104–208; 110 Stat. 3009 
et seq.); 
(B) investigate any other impediments to 
the access of foreign and United States citizen 
victims of trafficking to government-funded so-
cial services in general; 
(C) investigate any impediments to the ac-
cess of foreign and United States citizen victims 
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of trafficking to government-funded services tar-
geted to victims of severe forms of trafficking and 
victims of sex trafficking; 
(D) investigate the effect of trafficking serv-
ice-provider infrastructure development, con-
tinuity of care, and availability of caseworkers 
on the eventual restoration and rehabilitation of 
foreign and United States citizen victims of traf-
ficking; and 
(E) include findings, best practices, and 
recommendations based on the study of the ele-
ments in subparagraphs (A) through (D) and 
any other related information. 
Subtitle C—Penalties Against 
Traffickers and Other Crimes 
SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED 
OFFENSES. 
(a) CLARIFYING AMENDMENT.—Section 1591(a) of 
title 18, United States Code, is amended— 
(1) by striking ‘‘that the person has not attained 
the age of 18 years and’’ and inserting ‘‘that the per-
son (being a person who has not attained the age of 
18 years)’’; and 
(2) by inserting at the end ‘‘In a prosecution 
under this subsection, the Government need not prove 
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that the defendant knew that the person had not at-
tained the age of 18 years.’’. 
(b) COMPELLED SERVICE.— 
(1) IN
GENERAL.—Section 1592 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 1592. Unlawful compelled service 
‘‘(a) GENERALLY.—Whoever knowingly, with intent to 
obtain or maintain the labor or services of a person or to 
obtain or maintain a person for use in a commercial sex 
act (as defined in section 1591)— 
‘‘(1) destroys, conceals, removes, confiscates, or 
possesses any actual or purported passport or other 
immigration document, or any other actual or pur-
ported government identification document, of an-
other person to prevent or restrict or to attempt to 
prevent or restrict, without lawful authority, the per-
sons ability to move or travel; 
‘‘(2) improperly uses a position of real or appar-
ent governmental authority; 
‘‘(3) asserts as fact, exposes, or threatens to ex-
pose, a matter, whether true or false, tending to sub-
ject some person to hatred, contempt or ridicule; or 
‘‘(4) exposes any person to bankruptcy or other 
financial harm, 
shall be punished as provided in subsection (b). 
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‘‘(b) PUNISHMENT.—A violator of subsection (a) 
shall— 
‘‘(1) if the offense involved a violation of sub-
section (a)(1) or (2), or a violation of subsection 
(a)(3) in which bodily injury, incarceration, or de-
portation occurred as a result of the blackmail, be 
fined under this title or imprisoned not more than 5 
years, or both; 
‘‘(2) if the offense involved a violation of sub-
section (a)(3) not resulting in bodily injury or incar-
ceration, or a violation of subsection (a)(4) in which 
bankruptcy or financial harm occurred and the loss 
of at least one person was over ten thousand dollars, 
be fined under this title or imprisoned not more than 
3 years, or both; and 
‘‘(3) in any other case, be fined under title 18, 
United States Code, or imprisoned not more than one 
year, or both. 
‘‘(c) DEFINITION.—For purposes of this paragraph, ‘fi-
nancial harm’ includes the factors set forth in section 
892(b) of this title, and fees charged for foreign labor con-
tracting activity, as defined in section 202(g) of the Wil-
liam Wilberforce Trafficking Victims Protection Reauthor-
ization Act of 2007, that are not reasonably related to serv-
ices provided to the foreign worker.’’. 
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(2) CLERICAL AMENDMENT.—The item relating 
to section 1592 in the table of sections at the begin-
ning of chapter 77 of title 18, United States Code, is 
amended to read as follows: 
‘‘1592.Unlawful compelled service.’’. 
(c) RESTITUTION OF FORFEITED ASSETS.—(1) Sec-
tion 1593(b) of title 18, United States Code, is amended 
by inserting at the end the following: 
‘‘(4) The distribution of proceeds among multiple vic-
tims in an order of restitution under this section shall gov-
ern the distribution of forfeited funds through the processes 
of remission or restoration under this section or any other 
statute that explicitly authorizes restoration or remission 
of forfeited property.’’ 
(2) Section 1594 of title 18, United States Code, is 
amended— 
(A) in subsection (b), by striking ‘‘The court,’’ 
and inserting ‘‘Subject to remission or restoration, the 
court,’’; and 
(B) in subsection (c), by adding at the end the 
following: 
‘‘(3) The Attorney General shall grant restoration or 
remission of property to victims of an offense under this 
chapter that result in forfeiture under this section or under 
any other statute that explicitly authorizes restoration or 
remission of forfeited property. 
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‘‘(4) In a prosecution brought under any other provi-
sion of Federal law, the Attorney General may grant res-
toration or remission of property to victims of severe forms 
of trafficking as defined in section 103 of the Trafficking 
Victims Protection Act of 2000, in accordance with section 
1594(b)(4).’’. 
(d) ENHANCEMENT OF CIVIL ACTION.—Section 1595 
of title 18, United States Code, is amended— 
(1) in subsection (a) by— 
(A) by striking ‘‘of section 1589, 1590, or 
1591’’; and 
(B) by inserting ‘‘(or any person who know-
ingly benefits, financially or by receiving any-
thing of value from participation in a venture 
which has engaged in an act in violation of this 
chapter)’’ after ‘‘perpetrator’’. 
(2) by adding at the end the following: 
‘‘(c) No action shall be maintained under this section 
unless it is commenced within 10 years after the cause of 
action arose.’’. 
(e) 
ENDING
FOREIGN
LABOR
CONTRACTING 
ABUSES.— 
(1) IN GENERAL.—Chapter 73 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1521. Retaliation in foreign labor contracting 
‘‘(a)(1) Whoever knowingly uses intimidation, threat-
ens, or corruptly persuades another person, or attempts to 
do so, or engages in misleading conduct toward another per-
son, with intent to prevent or to retaliate against such per-
son for— 
‘‘(A) the disclosure of information by such person 
concerning violations with respect to aliens of the pro-
visions of employment-based immigration programs 
or any other Federal labor or employment law; or 
‘‘(B) the cooperation of such person in an inves-
tigation or other proceeding concerning compliance 
with respect to aliens with the requirements of em-
ployment-based immigration programs or any other 
Federal labor or employment law, 
shall be punished as provided in paragraph (2). 
‘‘(2) A violator of paragraph (1) shall— 
‘‘(A) if death results from the violation, or if the 
violation includes kidnapping or an attempt to kid-
nap, aggravated sexual abuse, or the attempt to com-
mit aggravated sexual abuse, or an attempt to kill, be 
fined under this title or imprisoned for any term of 
years or life, or both; 
‘‘(B) if the offense resulted in bodily injury, but 
not death, be fined under this title or imprisoned for 
not more than 10 years, or both; or 
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‘‘(C) in any other case, be fined under this title 
or imprisoned not more than 5 years, or both. 
‘‘(b) An individual who is the victim of an offense 
under this section may, in a civil action, recover damages 
(including reasonable attorneys’ fees) for the harm done the 
victim by that offense. Any civil action filed under this sec-
tion shall be stayed during the pendency of any criminal 
action arising out of the same occurrence in which the 
claimant is the victim. 
‘‘(c) For the purposes of this section, the term ‘employ-
ment-based immigration’ means a nonimmigrant visa 
issued for the purpose of employment, student exchange em-
ployment, or job training in the United States, including 
those issued under subparagraph (A)(iii), (G)(v), (H), (J), 
(L), (Q), or (R) of section 101(a)(15) of the Immigration 
and Nationality Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 73 of title 18, 
United States Code, is amended by adding at the end 
the following new item: 
‘‘1521. Retaliation in foreign labor contracting.’’. 
(f) TRANSPORTATION GENERALLY.—Section 2422(a) of 
title 18, United States Code, is amended— 
(1) by inserting ‘‘or affecting’’ after ‘‘travel in’’; 
and 
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(2) by inserting ‘‘in the special maritime and 
territorial jurisdiction of the United States,’’ after 
‘‘foreign commerce,’’. 
(g) SEX TOURISM.— 
(1) GENERALLY.—Chapter 117 of title 18, 
United States Code, is amended by inserting after sec-
tion 2423 the following: 
‘‘§ 2423A. Sex tourism 
‘‘(a) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT 
SEXUAL CONDUCT.—A person who travels in interstate 
commerce or travels into the United States, or a United 
States citizen or an alien admitted for permanent residence 
in the United States who travels in foreign commerce, for 
the purpose of engaging in any illicit sexual conduct with 
another person shall be fined under this title or imprisoned 
not more than 10 years, or both. 
‘‘(b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOR-
EIGN PLACES.—Any United States citizen or alien admit-
ted for permanent residence who travels in foreign com-
merce, and engages in any illicit sexual conduct with an-
other person shall be fined under this title or imprisoned 
not more than 10 years, or both. 
‘‘(c) ARRANGING TRAVEL AND RELATED CONDUCT.— 
Whoever, for the purpose of commercial advantage or pri-
vate financial gain, arranges, induces, procures, or facili-
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tates the travel of a person knowing that such a person is 
traveling in interstate commerce or foreign commerce for 
the purpose of engaging in illicit sexual conduct shall be 
fined under this title, imprisoned not more than 10 years, 
or both. 
‘‘(d) INCREASED PENALTY FOR OFFENSES INVOLVING 
CHILDREN.—If the illicit sexual conduct is with a child, 
the maximum term of imprisonment for an offense under 
this section is 30 years. 
‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever attempts 
or conspires to violate this section shall be punishable in 
the same manner as for the completed violation. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illicit sexual conduct’ means— 
‘‘(A) a sexual act (as defined in section 
2246) that would be in violation of chapter 109A 
if the sexual act occurred in the special maritime 
and territorial jurisdiction of the United States; 
or 
‘‘(B) any commercial sex act (as defined in 
section 1591); and 
‘‘(2) the term ‘child’ means a person under 18 
years of age. 
‘‘(g) DEFENSE.—In a prosecution under this section 
for a violation where an element of the offense involves a 
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commercial sex act with a child, it is a defense, which the 
defendant must establish by a preponderance of the evi-
dence, that the person engaging in that act reasonably be-
lieved that the other person was not a child.’’; 
(2) CONFORMING AMENDMENT.—Section 2423 of 
title 18, United States Code, is amended by striking 
subsections (b) through (g). 
(3) AMENDMENT TO TABLE OF SECTIONS.—The 
table of sections at the beginning of chapter 117 of 
title 18, United States Code, is amended by inserting 
after the item relating to section 2423 the following 
new item: 
‘‘2423A. Sex tourism.’’. 
(h) AMENDMENT TO THE SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994 of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and, 
if appropriate, amend the sentencing guidelines and policy 
statements applicable— 
(1) to persons convicted of offenses created by 
this section other than those created by subsections (f) 
and (g), to ensure conformity with the United States 
Sentencing Guidelines, sections 2H4.1 (peonage of-
fenses) and 2H4.2 (labor offenses); and 
(2) to persons convicted of offenses created by 
subsection (f) or (g) of this section, to ensure con-
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formity with the United States Sentencing Guide-
lines, sections 2G1.1 (promoting commercial sex acts 
with persons other than minors) and 2G1.3 (pro-
moting commercial sex acts or prohibited sexual con-
duct with a minor, and related offenses. 
SEC. 222. JURISDICTION IN CERTAIN TRAFFICKING OF-
FENSES. 
(a) IN GENERAL.—Chapter 77 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘§ 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 com-
mit an offense) under section 1581, 1583, 1584, 1589, 1590, 
or 1591 if— 
‘‘(1) an alleged offender or victim of the offense 
is a national of the United States or an alien law-
fully admitted for permanent residence (as those 
terms are defined in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101)); or 
‘‘(2) an alleged offender is present in the United 
States, irrespective of the nationality of the alleged of-
fender. 
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‘‘(b) LIMITATION
ON PROSECUTIONS
OF OFFENSES 
PROSECUTED IN OTHER COUNTRIES.—No prosecution may 
be commenced against a person under this section if a for-
eign government, in accordance with jurisdiction recognized 
by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon 
the approval of the Attorney General or the Deputy Attor-
ney General (or a person acting in either such capacity), 
which function of approval may not be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 77 of title 18, United States Code, 
is amended by adding at the end the following new item: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO 
TRAFFICKING. 
(a) ALIENS ENTERING THE UNITED STATES.— 
(1) IN GENERAL.—Section 278 of the Immigra-
tion and Nationality Act (8 U.S.C. 1328) is amended 
to read as follows: 
‘‘ALIENS IN PROSTITUTION 
‘‘SEC. 278. (a) GENERALLY.—Whoever, for the pur-
poses of prostitution or for any other any sexual activity 
for which any person can be charged with a criminal of-
fense— 
‘‘(1) knowingly imports or attempts to import 
any alien; or 
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‘‘(2) knowing or in reckless disregard of the fact 
that an individual is an alien who lacks lawful au-
thority to come to, enter, or reside in the United 
States, knowingly holds, keeps, maintains, supports, 
employs, or harbors the individual in any place in 
the United States, including any building or any 
means of transportation, or attempts to do so, 
shall be fined under title 18, United States Code, or impris-
oned not more than 10 years, or both. 
‘‘(b) SPECIAL EVIDENTIARY RULE.—In all prosecu-
tions under this section, the testimony of a husband or wife 
shall be admissible and competent evidence against each 
other.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by amending the item relating to section 
278 to read as follows: 
‘‘Sec. 278. Aliens in prostitution.’’. 
(b) AMENDMENT TO THE SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994 of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and, 
if appropriate, amend the sentencing guidelines and policy 
statements applicable to persons convicted of offenses cre-
ated by this section to ensure conformity with the United 
States Sentencing Guidelines, section 2H4.1 (peonage of-
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fenses) in violations involving a holding under section 
278(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1328(a)(2)), and section.2G1.1 otherwise. 
(c) IMBRA VIOLATIONS.—Section 833(d)(5)(B) of the 
Violence Against Women and Department of Justice Reau-
thorization Act of 2005 (Public Law 109–162) is amended 
by striking ‘‘interstate or foreign commerce, an inter-
national marriage broker that, within the special maritime 
and territorial jurisdiction of the United States, violates’’ 
and inserting ‘‘interstate or foreign commerce or within the 
special maritime and territorial jurisdiction of the United 
States, an international marriage broker that violates’’. 
SEC. 224. MODEL STATUTES PROVIDED TO STATES. 
(a) REQUIRED CHANGES TO MODEL STATUTE.—The 
Attorney 
General 
shall 
ensure 
that 
any 
model 
antitrafficking statute provided to any State shall specifi-
cally provide that no provision of such model statute shall 
be construed as derogating from or in any way limiting 
or constraining the operation of State law relating to pros-
titution and individuals involved in securing, exploiting, 
or otherwise abusing prostitutes. 
(b) PUBLICATION.—The Attorney General shall ensure 
that any new model statute that is consistent with sub-
section (a) shall be immediately put on the website of the 
Department of Justice in place of the existing statute. 
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(c) ADDITIONAL MODEL STATE STATUTE.—The De-
partment of Justice shall draft and post on the website of 
the Department of Justice a model state statute setting forth 
best legislative practices in the area of state and local 
antiprostitution enforcement for use by States of the United 
States. 
Subtitle D—Activities of the United 
States Government 
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 
Section 105(d)(7) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A), by inserting ‘‘the At-
torney 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 new subparagraphs: 
‘‘(H) activities by the Department of De-
fense to combat trafficking in persons, including 
educational efforts for and disciplinary actions 
taken against members of the United States 
Armed Forces, materials included in training of 
the armed forces of foreign countries, and efforts 
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to ensure that United States Government con-
tractors do not engage in trafficking in persons; 
‘‘(I) activities or actions by Federal depart-
ments and agencies to enforce— 
‘‘(i) section 106(g) of this Act and any 
similar provision of law, regulation, or pol-
icy 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, procurement of com-
mercial sex acts, or use of forced labor, in-
cluding 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 Sec-
retary of Homeland Security to waive the 
restrictions of such section; and 
‘‘(iii) prohibitions on the procurement 
by the United States Government of items 
or services produced by slave labor, con-
sistent with Executive Order 13107 (Decem-
ber 10, 1998); and’’. 
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SEC. 232. ANNUAL ANTI-TRAFFICKING CONFERENCE. 
Section 201(a)(2)(A)(ii) of the Trafficking Victims 
Protection Reauthorization Act of 2005 (42 U.S.C. 
14044(a)(2)(A)(ii)) is amended by inserting before the semi- 
colon at the end the following: ‘‘and the use of existing Fed-
eral and State criminal laws that do not require force, 
fraud, or coercion as an element of a felony crime to pros-
ecute such persons’’. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Re-
authorization Act of 2005 (42 U.S.C. 14044d) is amended 
by striking ‘‘, as the department or agency determines ap-
propriate,’’. 
SEC. 234. COORDINATORS TO COMBAT HUMAN TRAF-
FICKING. 
(a) DEPARTMENT OF JUSTICE.— 
(1) ESTABLISHMENT.—The Attorney General 
shall establish within the Office of the Deputy Attor-
ney General a Coordinator to Combat Human Traf-
ficking. 
(2) DUTIES.—In addition to any other respon-
sibilities that the Attorney General may assign, the 
Coordinator shall have the following responsibilities: 
(A) Ensure coordination of policies relating 
to victims of trafficking among the various of-
fices and components of the Department of Jus-
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tice, including the Civil Division, the Criminal 
Division, the Office of Justice Programs, and the 
Federal Bureau of Investigation. 
(B) 
Monitor, 
review, 
and 
make 
rec-
ommendations regarding assistance to victims of 
trafficking to ensure that assistance policies are 
consistent with the Department’s prosecution 
strategies and activities. 
(C) Ensure improved communication and 
coordination with State and local law enforce-
ment agencies regarding prosecution of offenses 
relating to victims of trafficking. 
(D) Represent the Department at inter- 
agency mechanisms relating to trafficking in 
persons, including the Senior Policy Operating 
Group. 
(E) Serve, in conjunction with the Coordi-
nator to Combat Human Trafficking of the De-
partment of Labor (established pursuant to sub-
section (b)), as the executive secretariat of the 
Trafficking in Persons and Worker Exploitation 
Task Force. 
(3) STAFF.—The Attorney General shall ensure 
that the Coordinator has sufficient staff to carry out 
the duties described in paragraph (2). 
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(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(b) DEPARTMENT OF LABOR.— 
(1) ESTABLISHMENT.—The Secretary of Labor 
shall establish within the Department of Labor a Co-
ordinator to Combat Human Trafficking. 
(2) DUTIES.—In addition to any other respon-
sibilities that the Secretary of Labor may assign, the 
Coordinator shall have the following responsibilities: 
(A) Ensure coordination of policies relating 
to victims of trafficking, both in the United 
States and abroad, among the various offices and 
components of the Department of Labor, includ-
ing the Office of the Solicitor, the Employment 
Standards Administration, the Wage and Hour 
Division, the Bureau of International Labor Af-
fairs, and the Office of Child Labor, Forced 
Labor, and Human Trafficking. 
(B) Ensure improved communication and 
coordination with State labor agencies relating 
to trafficking in persons. 
(C) Represent the Department at inter- 
agency mechanisms relating to trafficking in 
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persons, including the Senior Policy Operating 
Group. 
(D) Serve, in conjunction with the Coordi-
nator to Combat Human Trafficking of the De-
partment of Justice (established pursuant to sub-
section (a)), as the executive secretariat of the 
Trafficking in Persons and Worker Exploitation 
Task. 
(3) STAFF.—The Secretary of Labor shall ensure 
that the Coordinator has sufficient staff to carry out 
the duties described in paragraph (2). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as affecting or derogating from the re-
sponsibilities of the Senior Policy Operating Group estab-
lished by section 206 of the Trafficking Victims Protection 
Reauthorization Act of 2005. 
(d) DEFINITION.—In this section, the term ‘‘victim of 
trafficking’’ has the meaning given the term in section 103 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102). 
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SEC. 235. PREVENTING UNITED STATES TRAVEL BY TRAF-
FICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by 
striking ‘‘consular officer’’ and inserting ‘‘consular officer, 
the Secretary of State,’’. 
SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
(a) FINDINGS AND SENSE OF CONGRESS.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) The United States Government cur-
rently estimates that up to 17,500 individuals 
are trafficked into the United States each year. 
Of these, some 50 percent are believed to be 
under the age of 18. Many of these children are 
victims of sex trafficking and are forced into 
prostitution and other exploitative activities in 
the United States. 
(B) Despite the large number of children 
trafficked into the United States every year, the 
Department of Health and Human Services has 
identified an average of 20 children per year as 
trafficking victims through fiscal year 2006. This 
disparity between estimated and identified vic-
tims demonstrates that much more needs to be 
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done in educating individuals who may be com-
ing into contact with trafficked children. 
(2) SENSE OF CONGRESS.—It is the sense of the 
Congress that, to the extent consistent with the trea-
ties and other international agreements to which the 
United States is a party, and to the extent prac-
ticable, the United States Government should under-
take efforts to protect children from severe forms of 
trafficking and ensure that it does not repatriate chil-
dren in Federal custody into settings that would 
threaten their life or safety. 
(b) COMBATTING CHILD TRAFFICKING AT THE BOR-
DER AND PORTS OF ENTRY OF THE UNITED STATES.— 
(1) POLICIES AND PROCEDURES.—In order to 
enhance the efforts of the United States to prevent 
trafficking in persons, the Secretary of State, in con-
junction with the Secretary of Homeland Security 
and the Secretary of Health and Human Services, 
shall develop policies and procedures to ensure that 
unaccompanied alien children in the United States 
are safely repatriated to their country of nationality 
or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CON-
TIGUOUS COUNTRIES.— 
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(A) 
DETERMINATIONS.—Any 
unaccom-
panied alien child who is a national or habitual 
resident of a country that is contiguous with the 
United States and has an agreement in writing 
with the United States described in subpara-
graph (C), shall be treated in accordance with 
subparagraph (B), if the Secretary of Homeland 
Security determines, on a case-by-case basis, 
that— 
(i) such child has not been a victim of 
a severe form of trafficking in persons, and 
such child does not have a fear of being traf-
ficked upon return to the child’s country of 
nationality or of last habitual residence; 
(ii) such child does not have a fear of 
returning to the child’s country of nation-
ality or of last habitual residence owing to 
a fear of persecution; 
(iii) the return of such child to the 
child’s country of nationality or of last ha-
bitual residence would not endanger the life 
or safety of such child; and 
(iv) the child is able to make an inde-
pendent decision to withdraw the child’s ap-
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plication 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.) 
shall— 
(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 ha-
bitual residence. 
(C) CONTIGUOUS COUNTRY AGREEMENTS.— 
The Secretary of State shall ensure that any 
agreements entered into between the United 
States and a country contiguous to the United 
States with respect to the repatriation of chil-
dren shall be designed to protect children from 
severe forms of trafficking in persons. Such 
agreements shall, at a minimum, provide that— 
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(i) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence unless returned to appro-
priate officials or employees of the accepting 
country’s government; 
(ii) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence outside of reasonable busi-
ness hours; and 
(iii) border personnel of the countries 
that are parties to such agreements are 
trained in the terms of such agreements. 
(3) RULE FOR OTHER CHILDREN.—The custody 
of unaccompanied alien children not described in 
paragraph (2)(A) who are apprehended at the border 
of the United States or at a United States port of 
entry shall be treated in accordance with subsection 
(c). 
(4) SCREENING.—Within 48 hours of the appre-
hension of a child who is believed to be described in 
paragraph (2)(A), but in any event prior to returning 
such child to the child’s country of nationality or of 
last habitual residence, the child shall be screened to 
determine whether the child meets the criteria listed 
in paragraph (2)(A). If the child does not meet such 
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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 accordance with subsection 
(c). 
(5) ENSURING
THE
SAFE
REPATRIATION
OF 
CHILDREN.— 
(A) REPATRIATION
PILOT
PROGRAM.—To 
protect children from trafficking and exploi-
tation, the Secretary of State shall create a pilot 
program, in conjunction with non-governmental 
organizations and other national and inter-
national agencies and experts, to develop and 
implement best practices to ensure the safe and 
secure repatriation and reintegration of unac-
companied alien children into their country of 
nationality or of last habitual residence, includ-
ing placement with their families or other spon-
soring agencies. 
(B) ASSESSMENT
OF
COUNTRY
CONDI-
TIONS.—The Secretary of Homeland Security 
shall consult the State Department’s Country Re-
ports on Human Rights Practices and the Traf-
ficking in Persons Report in assessing whether to 
repatriate an unaccompanied alien child to a 
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particular country. Such assessment shall con-
sider whether there is reasonable risk that repa-
triation of an unaccompanied alien child would 
threaten the life or safety of the child. 
(C) REPORT ON REPATRIATION OF UNAC-
COMPANIED
ALIEN
CHILDREN.—Not later than 
18 months after the date of the enactment of this 
Act, and annually thereafter, the Secretary of 
Homeland Security, in conjunction with the Sec-
retary of State and Secretary of Health and 
Human Services, shall submit a report to the 
Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives on efforts to repatriate unaccom-
panied alien children. Such report shall in-
clude— 
(i) the number of unaccompanied alien 
children ordered removed and the number of 
such children actually removed from the 
United States; 
(ii) a statement of the nationalities, 
ages, and gender of such children; 
(iii) a description of the policies and 
procedures used to effect the removal of such 
children from the United States and the 
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steps taken to ensure that such children 
were safely and humanely repatriated to 
their country of nationality or of last habit-
ual residence, including a description of the 
repatriation pilot program created pursu-
ant to subparagraph (A); 
(iv) a description of the type of immi-
gration relief sought and denied to such 
children; 
(v) any information gathered in assess-
ments of country and local conditions pur-
suant 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 (b)(2), 
shall be placed in removal proceedings under sec-
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bajohnson on PROD1PC71 with BILLS
tion 240 of the Immigration and Nationality Act 
(8 U.S.C. 1229a). 
(c) COMBATTING CHILD TRAFFICKING AND EXPLOI-
TATION IN THE UNITED STATES.— 
(1) CARE
AND
CUSTODY
OF
UNACCOMPANIED 
ALIEN CHILDREN.— 
(A) IN GENERAL.—Except as otherwise pro-
vided under subparagraphs (B) and (C) and 
subsection (b), the care and custody of all unac-
companied alien children, including responsi-
bility for their detention, where appropriate, 
shall be the responsibility of the Secretary of 
Health and Human Services. 
(B) EXCEPTION FOR CHILDREN WHO HAVE 
COMMITTED CRIMES.—Notwithstanding subpara-
graph (A), the Attorney General shall retain or 
assume the custody and care of any unaccom-
panied alien child who is pending prosecution 
for a Federal crime or serving a sentence pursu-
ant to a conviction for a Federal crime. 
(C) 
EXCEPTION
FOR
CHILDREN
WHO 
THREATEN
NATIONAL
SECURITY.—Notwith-
standing subparagraph (A), the Secretary of 
Homeland Security shall retain or assume the 
custody and care of an unaccompanied alien 
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child if the Secretary of Homeland Security has 
substantial evidence, based on an individualized 
determination, that such child could personally 
endanger the national security of the United 
States. 
(2) NOTIFICATION.—Each department or agency 
of the Federal Government shall notify the Depart-
ment of Health and Human services within 48 hours 
upon— 
(A) the apprehension or discovery of an un-
accompanied 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 CHIL-
DREN.—Any department or agency of the Federal 
Government that has an unaccompanied alien child 
in its custody shall transfer the custody of such child 
to the Secretary of Health and Human Services with-
in 72 hours— 
(A) upon a determination that such child is 
an unaccompanied alien child, if the child is not 
described in subparagraph (B) or (C) of para-
graph (1); or 
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(B) if the custody and care of the child has 
been retained or assumed by the Attorney Gen-
eral under paragraph (1)(B) or by the Secretary 
of Homeland Security under paragraph (1)(C), 
upon a determination that the child no longer 
meets the description set forth in such subpara-
graphs. 
(4) AGE DETERMINATIONS.— 
(A) IN GENERAL.—The Secretary of Health 
and Human Services shall make an age deter-
mination for an alien described in paragraph 
(2)(B) and take whatever other steps are nec-
essary to determine whether such alien is eligible 
for treatment under this section or section 462 of 
the Homeland Security Act of 2002 (6 U.S.C. 
279). 
(B) 
PROCEDURES.—The 
Secretary 
of 
Health and Human Services, in consultation 
with the Secretary of Homeland Security, shall 
develop procedures to make a prompt determina-
tion 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 min-
imum, these procedures shall permit the presen-
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tation of multiple forms of evidence, including 
the non-exclusive use of radiographs, to deter-
mine the age of the unaccompanied alien. 
(d) PROVIDING SAFE AND SECURE PLACEMENTS FOR 
CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary of 
Health and Human Services, Secretary of Homeland 
Security, Attorney General, and Secretary of State 
shall establish policies and programs to ensure that 
unaccompanied alien children in the United States 
are protected from traffickers and other persons seek-
ing to victimize or otherwise engage such children in 
criminal, harmful, or exploitative activity, including 
policies and programs reflecting best practices in wit-
ness 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. Placement of child trafficking victims may in-
clude placement with competent adult victims of the 
same trafficking scheme in order to ensure continuity 
of care and support. A child shall not be placed in 
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a secure facility absent an independent finding that 
the child poses a danger to self or others. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
(A) IN GENERAL.—Subject to the require-
ments of subparagraph (B), an unaccompanied 
alien child may not be placed with a person or 
entity unless the Secretary of Health and 
Human Services makes a determination that the 
proposed custodian is capable of providing for 
the child’s physical and mental well-being. Such 
determination shall, at a minimum, include 
verification of the custodian’s identity and rela-
tionship to the child, if any, as well as an inde-
pendent finding that the individual has not en-
gaged in any activity that would indicate a po-
tential 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 se-
vere form of trafficking in persons, a special 
needs child with a disability (as defined in sec-
tion 3 of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12102(2))), or a child who has 
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been a victim of physical or sexual abuse under 
circumstances that indicate that the child’s 
health or welfare has been significantly harmed 
or threatened. The Secretary of Health and 
Human Services shall conduct follow-up services, 
during the pendency of removal proceedings, on 
children and custodians for whom a home study 
was conducted. 
(C) DATABASE
ACCESS.—In conducting 
suitability assessments, the Secretary of Health 
and Human Services shall have access to all rel-
evant information in the appropriate Federal, 
State, and local law enforcement and immigra-
tion databases. 
(4) LEGAL ORIENTATION PRESENTATIONS.—The 
Secretary of Health and Human Services shall ensure 
that custodians receive legal orientation presentations 
provided through the Legal Orientation Program ad-
ministered by the Executive Office for Immigration 
Review. At a minimum, such presentations shall ad-
dress the custodian’s responsibility to ensure the 
child’s appearance at all immigration proceedings 
and to protect the child from mistreatment, exploi-
tation, and trafficking. 
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(5) ACCESS
TO
COUNSEL.—The Secretary of 
Health and Human Services shall ensure, to the 
greatest extent practicable, that all unaccompanied 
alien children who are or have been in the custody of 
the Secretary or the Secretary of Homeland Security, 
and who are not described in subsection (b)(2)(A), 
have competent counsel to represent them in legal pro-
ceedings or matters and protect them from mistreat-
ment, exploitation, and trafficking. To the greatest ex-
tent practicable, the Secretary of Health and Human 
Services shall make every effort to utilize the services 
of competent pro bono counsel who agree to provide 
representation to such children without charge. 
(6) GUARDIANS
AD
LITEM.—The Secretary of 
Health and Human Services shall implement a pro-
gram to appoint independent guardians ad litem for 
child trafficking victims and other vulnerable unac-
companied alien children. A guardian ad litem shall 
be provided access to materials necessary to effectively 
advocate for the best interest of the child. The guard-
ian ad litem shall not be compelled to testify or pro-
vide evidence in any proceeding concerning any in-
formation or opinion received from the child in the 
course of serving as a guardian ad litem. The guard-
ian ad litem shall be presumed to be acting in good 
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faith and be immune from civil and criminal liabil-
ity for lawful conduct of duties as described in this 
provision. 
(7) CONFIDENTIALITY.—The Secretary of Health 
and Human Services shall maintain the privacy and 
confidentiality of all information gathered in the 
course of the care, custody, and placement of unac-
companied alien children, consistent with its role and 
responsibilities under the Homeland Security Act of 
2002 to act as guardian in loco parentis in the best 
interest of the unaccompanied alien child, by not dis-
closing such information to other government agencies 
or nonparental third parties. The Secretary may pro-
vide information to a duly recognized law enforce-
ment entity in connection with a prosecution or in-
vestigation of an offense described in paragraph (2) 
or (3) of section 212(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)), when such informa-
tion is requested in writing by such entity. 
(e) 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— 
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