William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
PL 110-457 (H.R.7311), enacted 12/23/2008

122 STAT. 5044 
PUBLIC LAW 110–457—DEC. 23, 2008 
Public Law 110–457 
110th Congress 
An Act 
To authorize appropriations for fiscal years 2008 through 2011 for the Trafficking 
Victims Protection Act of 2000, to enhance measures to combat trafficking in 
persons, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘William 
Wilberforce Trafficking Victims Protection Reauthorization 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 combat 
forced labor and child labor. 
Sec. 111. Sense of Congress regarding multilateral framework between labor ex-
porting 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 applications 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. 
Sec. 223. Jurisdiction in certain trafficking offenses. 
Sec. 224. Bail conditions, subpoenas, and repeat offender penalties for sex traf-
ficking. 
22 USC 7101 
note. 
William 
Wilberforce 
Trafficking 
Victims 
Protection 
Reauthorization 
Act of 2008. 
Dec. 23, 2008 
[H.R. 7311] 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00854
Fmt 6580
Sfmt 6582
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5045 
PUBLIC LAW 110–457—DEC. 23, 2008 
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 INTERNATIONAL 
TRAFFICKING IN PERSONS 
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAF-
FICKING. 
Section 105(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103(b)) is amended by inserting ‘‘the Secretary of Edu-
cation,’’ after ‘‘the Secretary of Homeland Security,’’. 
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 ‘‘SUPPORT FOR 
THE TASK FORCE’’ and inserting ‘‘OFFICE TO MONITOR
AND 
COMBAT TRAFFICKING’’; 
(2) by striking ‘‘The Secretary of State is authorized 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 corporate responsibility, the Deputy Under Sec-
retary for International Affairs of the Department of Labor, 
and other relevant officials of the United States Govern-
ment, shall promote, build, and sustain partnerships 
between the United States Government and private entities 
(including foundations, universities, corporations, commu-
nity-based organizations, and other nongovernmental 
organizations) to ensure that— 
‘‘(i) United States citizens do not use any item, 
product, or material produced or extracted with the 
use of labor from victims of severe forms of trafficking; 
and 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00855
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5046 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘(ii) such entities do not contribute to trafficking 
in persons involving sexual exploitation. 
‘‘(B) UNITED STATES ASSISTANCE.—The Director shall 
be responsible for— 
‘‘(i) all policy, funding, and programming decisions 
regarding funds made available for trafficking in per-
sons programs that are centrally controlled by the 
Office to Monitor and Combat Trafficking; and 
‘‘(ii) coordinating any trafficking in persons pro-
grams 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 TRAFFICKING IN FOR-
EIGN COUNTRIES. 
(a) PREVENTION.—Section 106 of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S. C. 7104) is amended by adding at the 
end the following: 
‘‘(i) ADDITIONAL MEASURES TO PREVENT
AND DETER TRAF-
FICKING.—The President shall establish and carry out programs 
to prevent and deter trafficking in persons, including— 
‘‘(1) technical assistance and other support to improve the 
capacity of foreign governments to investigate, identify, and 
carry out inspections of private entities, including labor recruit-
ment centers, at which trafficking victims may be exploited, 
particularly exploitation involving forced and child labor; 
‘‘(2) technical assistance and other support for foreign 
governments and nongovernmental organizations to provide 
immigrant populations with information, in the native lan-
guages of the major immigrant groups of such populations, 
regarding the rights of such populations in the foreign country 
and local in-country nongovernmental organization-operated 
hotlines; 
‘‘(3) technical assistance to provide legal frameworks 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; 
‘‘(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 register vulner-
able 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 amended 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 COUN-
TRIES. 
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 before the 
period at the end the following: ‘‘, and shall be carried 
out in a manner which takes into account the cross-border, 
President. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00856
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5047 
PUBLIC LAW 110–457—DEC. 23, 2008 
regional, and transnational aspects of trafficking in per-
sons’’; and 
(B) by adding at the end the following: 
‘‘(F) In cooperation and coordination with relevant 
organizations, such as the United Nations High Commis-
sioner 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 per-
sons, support for— 
‘‘(i) 
increased 
protections 
for 
refugees 
and 
internally displaced persons, including outreach and 
education efforts to prevent such refugees and 
internally displaced persons from being exploited by 
traffickers; and 
‘‘(ii) performance of best interest determinations 
for unaccompanied and separated children who come 
to the attention of the United Nations High Commis-
sioner for Refugees, its partner organizations, or any 
organization that contracts with the Department of 
State in order to identify child trafficking victims and 
to assist their safe integration, reintegration, and 
resettlement.’’; and 
(2) in paragraph (2), by adding at the end the following: 
‘‘In carrying out this paragraph, the Secretary and the Adminis-
trator shall take all appropriate steps to ensure that cooperative 
efforts among foreign countries are undertaken on a regional 
basis.’’. 
SEC. 105. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PRO-
GRAMS. 
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-TRAFFICKING PRO-
GRAMS. 
‘‘(a) AWARDING OF GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—In administering funds made available to carry out 
this Act within and outside the United States— 
‘‘(1) solicitations of grants, cooperative agreements, and 
contracts for such programs shall be made publicly available; 
‘‘(2) grants, cooperative agreements, and contracts shall 
be subject to full and open competition, in accordance with 
applicable laws; and 
‘‘(3) the internal department or agency review process for 
such grants, cooperative agreements, and contracts shall not 
be subject to ad hoc or intermittent review or influence by 
individuals or organizations outside the United States Govern-
ment 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, persons or entities providing legal 
services, social services, health services, or other assistance 
have completed, or will complete, training in connection with 
trafficking in persons. 
Certification. 
22 USC 7105a. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00857
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5048 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘(2) 
DISCLOSURE.—If 
appropriate, 
applicants 
should 
indicate collaboration with nongovernmental organizations, 
including organizations with expertise in trafficking in persons. 
‘‘(c) EVALUATION OF ANTI-TRAFFICKING PROGRAMS.— 
‘‘(1) IN GENERAL.—The President shall establish a system 
to evaluate the effectiveness and efficiency of the assistance 
provided under anti-trafficking programs established under this 
Act on a program-by-program basis in order to maximize the 
long-term sustainable development impact of such assistance. 
‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the 
President shall— 
‘‘(A) establish performance goals for the assistance 
described in paragraph (1), expressed 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 
subparagraph (A); 
‘‘(C) provide a basis for recommendations for adjust-
ments 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 Govern-
ment, to the extent practicable. 
‘‘(d) TARGETED USE OF ANTI-TRAFFICKING PROGRAMS.—In pro-
viding assistance under this division, the President should take 
into account the priorities and country assessments contained in 
the most recent report submitted 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 emergency 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 persons. 
‘‘(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 TRAF-
FICKING. 
Section 108 of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7106) is amended— 
(1) in subsection (a), by striking ‘‘a significant number 
of’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking the period at the 
end of the first sentence and inserting the following: ‘‘, 
including, as appropriate, requiring incarceration of 
individuals convicted of such acts. For purposes of the 
President. 
President. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00858
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5049 
PUBLIC LAW 110–457—DEC. 23, 2008 
preceding sentence, 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 identification and treatment of trafficking victims using 
approaches that focus on the needs of the victims’’; 
(C) in paragraph (3), by striking ‘‘measures to reduce 
the demand for commercial sex acts and for participation 
in international sex tourism by nationals of the country’’ 
and inserting ‘‘measures to establish the identity of local 
populations, including birth registration, citizenship, 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 MIN-
IMUM STANDARDS. 
(a) COUNTRIES ON SPECIAL WATCH LIST RELATING TO TRAF-
FICKING 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 amended by adding at the end the following: 
‘‘(D) COUNTRIES
ON
SPECIAL
WATCH
LIST
FOR
2 
CONSECUTIVE YEARS.— 
‘‘(i) IN GENERAL.—Except as provided 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 this subpara-
graph, shall be included on the list of countries 
described in paragraph (1)(C). 
‘‘(ii) EXERCISE OF WAIVER AUTHORITY.—The Presi-
dent may waive the application of clause (i) for up 
to 2 years if the President determines, and reports 
credible evidence to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign 
Affairs of the House of Representatives, that such a 
waiver is justified because— 
‘‘(I) the country has a written plan to begin 
making significant efforts to bring itself into 
compliance with the minimum standards for the 
elimination of trafficking; 
‘‘(II) the plan, if implemented, would constitute 
making such significant 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 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 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00859
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5050 
PUBLIC LAW 110–457—DEC. 23, 2008 
the subsequent fiscal year and will not provide’’ after ‘‘will not 
provide’’. 
(c) TRANSLATION OF TRAFFICKING IN PERSONS REPORT.—The 
Secretary of State shall— 
(1) timely translate the annual report submitted under 
section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)) into the principal languages of as many 
countries as possible, with particular emphasis on the lan-
guages 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 Department of State and other appro-
priate websites. 
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAF-
FICKING 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: 
‘‘(5) An effective mechanism for quantifying the number 
of victims of trafficking on a national, regional, and inter-
national basis, which shall include, not later than 2 years 
after the date of the enactment of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008, the 
establishment and maintenance of an integrated database 
within the Human Smuggling and Trafficking Center.’’; and 
(2) by amending subsection (b) to read as follows: 
‘‘(b) ROLE OF HUMAN SMUGGLING AND TRAFFICKING CENTER.— 
‘‘(1) IN
GENERAL.—The research initiatives described 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 department and agency represented on the 
Interagency Task Force to Monitor and Combat Trafficking, 
consistent with the protection of sources and methods, and, 
to the maximum extent practicable, applicable data from rel-
evant international organizations, to— 
‘‘(A) improve the coordination of the collection of data 
related to trafficking in persons by each agency of the 
United States Government that collects such data; 
‘‘(B) promote uniformity of such data collection and 
standards and systems related to such collection; 
‘‘(C) undertake a meta-analysis of patterns of traf-
ficking 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 established in accord-
ance with paragraph (2) shall be maintained in consultation 
Deadline. 
Public 
information. 
Web site. 
22 USC 7107 
note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00860
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5051 
PUBLIC LAW 110–457—DEC. 23, 2008 
with the Director of the Office to Monitor and Combat Traf-
ficking in Persons of the Department of State. 
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated $2,000,000 to the Human Smug-
gling and Trafficking Center for each of the fiscal years 2008 
through 2011 to carry out the activities described in this sub-
section.’’. 
(b) REPORT.—Section 110(b)(1) of the Trafficking Victims Protec-
tion 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 emergence 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 trafficking.’’. 
SEC. 109. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO 
COMBAT TRAFFICKING IN PERSONS. 
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 PERSONS. 
‘‘(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 combat trafficking in persons. To the max-
imum extent practicable, the Secretary of State shall present the 
award annually to not more than 5 individuals or organizations, 
including— 
‘‘(1) individuals who are United States citizens or foreign 
nationals; and 
‘‘(2) United States or foreign nongovernmental organiza-
tions. 
‘‘(b) SELECTION.—The President shall establish procedures 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 under subsection 
(a) as soon as practicable after the date on which the Secretary 
submits to Congress the report required 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— 
Procedures. 
22 USC 7109b. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00861
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5052 
PUBLIC LAW 110–457—DEC. 23, 2008 
(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 described in para-
graph (2)(C) of such section; and 
(2) make the list of goods described in paragraph (1)(B) 
available to the public. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional 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 MULTILATERAL FRAME-
WORK 
BETWEEN 
LABOR 
EXPORTING 
AND 
LABOR 
IMPORTING COUNTRIES. 
It is the sense of Congress that the Secretary of State, in 
conjunction with the International Labour Organization, the United 
Nations Office of Drug and Crime Prevention, and other relevant 
international and nongovernmental organizations, should seek to 
establish a multilateral framework between labor exporting and 
labor importing countries to ensure that workers migrating between 
such countries are protected from trafficking in persons. 
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. 
(a) T VISAS.—Section 101(a)(15)(T) of the Immigration 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 consultation 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 investigative or judicial processes associated with an 
act or a perpetrator of trafficking;’’; 
(D) in subclause (III)— 
(i) in item (aa), by striking ‘‘or’’ at the end; 
(ii) by redesignating item (bb) as item (cc); 
(iii) by inserting after item (aa) the following: 
‘‘(bb) in consultation with the Attorney General, as 
appropriate, is unable to cooperate with a request described 
in item (aa) due to physical or psychological trauma; or’’; 
and 
(iv) in item (cc), as redesignated, by striking ‘‘, 
and’’ at the end and inserting ‘‘; and’’; and 
(E) in subclause (IV), by adding ‘‘and’’ at the end; 
(2) in clause (ii)— 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00862
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5053 
PUBLIC LAW 110–457—DEC. 23, 2008 
(A) in subclause (I), by striking ‘‘or’’ at the end; 
(B) in subclause (II), by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(C) by adding at the end the following: 
‘‘(III) any parent or unmarried sibling under 18 years 
of age of an alien described in subclause (I) or (II) who 
the Secretary of Homeland Security, in consultation with 
the law enforcement officer investigating a severe form 
of trafficking, determines faces a present danger of retalia-
tion 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: ‘‘subparagraph (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 determines that 
an extension of the period of such nonimmigrant status is 
warranted due to exceptional circumstances.’’; and 
(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 Immigration and Nationality Act 
(8 U.S.C. 1184(p)(6)) is amended by adding at the end the following: 
‘‘The Secretary 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 section 101(a)(15)(U) 
if the Secretary determines that an extension of such period is 
warranted due to exceptional circumstances. Such alien’s non-
immigrant status shall be extended beyond the 4-year period 
authorized under this section if the alien is eligible for relief under 
section 245(m) and is unable to obtain such relief because regula-
tions have not been issued to implement such section and shall 
be extended during the pendency of an application for adjustment 
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).’’. 
(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VICTIMS.—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 consulta-
tion with the Attorney General, as appropriate’’; 
(B) in subparagraph (B)— 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00863
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5054 
PUBLIC LAW 110–457—DEC. 23, 2008 
(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 Attorney General, as appro-
priate’’; 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 qualifying 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 Home-
land Security may waive consideration of a disqualification 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 permit 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 
effect on March 31, 1997).’’. 
(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 making a determination 
under paragraph (1) whether affirmative evidence demonstrates 
that the alien unreasonably refused to provide assistance to a 
Federal law enforcement official, Federal prosecutor, Federal judge, 
or other Federal authority investigating or prosecuting criminal 
activity 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— 
(1) take effect on the date of enactment of the Act; and 
8 USC 1101 note. 
Consultation. 
Waiver authority. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00864
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5055 
PUBLIC LAW 110–457—DEC. 23, 2008 
(2) apply to applications for immigration benefits filed on 
or after such date. 
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NON-
IMMIGRANTS. 
(a) INFORMATION PAMPHLET.— 
(1) DEVELOPMENT
AND
DISTRIBUTION.—The Secretary of 
State, in consultation with the Secretary of Homeland Security, 
the Attorney General, and the Secretary of Labor, shall develop 
an information pamphlet on legal rights and resources for aliens 
applying for employment- or education-based nonimmigrant 
visas. 
(2) CONSULTATION.—In developing the information pam-
phlet under paragraph (1), the Secretary of State shall consult 
with nongovernmental organizations with expertise on the legal 
rights of workers and victims of severe forms of trafficking 
in persons. 
(b) CONTENTS.—The information pamphlet developed under 
subsection (a) shall include information concerning items such as— 
(1) the nonimmigrant visa application processes, including 
information about the portability of employment; 
(2) the legal rights of employment or education-based non-
immigrant visa holders under Federal immigration, 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, including— 
(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 retaliation; 
(D) the right of the nonimmigrant to relinquish posses-
sion of his or her passport to his or her employer; 
(E) the requirement of an employment contract 
between the employer and the nonimmigrant; and 
(F) an explanation of the rights and protections 
included in the contract described in subparagraph (E); 
and 
(5) information about nongovernmental organizations that 
provide services for victims of trafficking in persons and worker 
exploitation, including— 
(A) anti-trafficking in persons telephone hotlines oper-
ated by the Federal Government; 
(B) the Operation Rescue and Restore hotline; 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 employment-based nonimmigrant 
visas, the Secretary of State shall translate the information 
pamphlet developed under subsection (a) into all relevant for-
eign languages, to be determined by the Secretary based on 
the languages spoken by the greatest concentrations of 
employment- or education-based nonimmigrant visa applicants. 
8 USC 1375b. 
Applicability. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00865
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5056 
PUBLIC LAW 110–457—DEC. 23, 2008 
(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 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 information pam-
phlet developed under subsection (a) shall be posted on the 
websites of the Department of State, the Department of Home-
land Security, the Department of Justice, the Department of 
Labor, and all United States consular posts processing applica-
tions for employment- or education-based nonimmigrant visas. 
(2) OTHER DISTRIBUTION.—The information pamphlet devel-
oped under subsection (a) shall be made available to any— 
(A) government agency; 
(B) nongovernmental advocacy organization; or 
(C) foreign labor broker doing business in the United 
States. 
(3) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBU-
TION.—Not later than 180 days after the date of the enactment 
of this Act, the Secretary of State shall distribute and make 
available the information pamphlet developed under subsection 
(a) in all the languages referred to in subsection (c). 
(e) RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPART-
MENT OF STATE.— 
(1) INTERVIEWS.—A consular officer conducting 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 pamphlet described in sub-
sections (a) and (b); and 
(ii) if the alien has not received, read, or understood 
the contents of the pamphlet described 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 pamphlet described in sub-
sections (a) and (b). 
(2) LEGAL RIGHTS.—The consular officer shall disclose to 
the alien— 
(A) the legal rights of employment-based non-
immigrants under Federal immigration, labor, and employ-
ment laws; 
(B) the illegality of slavery, peonage, trafficking 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 disclosure 
requirement under this subsection, the consular officer shall 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00866
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5057 
PUBLIC LAW 110–457—DEC. 23, 2008 
disclose to the alien the availability of services for victims 
of human trafficking and worker exploitation in the United 
States, including victim services complaint hotlines. 
(f) DEFINITIONS.—In this section: 
(1) EMPLOYMENT- OR
EDUCATION-BASED
NONIMMIGRANT 
VISA.—The 
term 
‘‘employment- 
or 
education-based 
non-
immigrant visa’’ means— 
(A) a nonimmigrant visa issued under subparagraph 
(A)(iii), (G)(v), (H), or (J) of section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); 
and 
(B) any nonimmigrant visa issued to a personal or 
domestic servant who is accompanying or following to join 
an employer. 
(2) SEVERE FORMS OF TRAFFICKING IN PERSONS.—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 viola-
tion 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.—Notwithstanding any other 
provision of law, the Secretary of State may not issue— 
(A) an A–3 visa unless the applicant is employed, or 
has signed a contract to be employed containing the 
requirements set forth in subsection (d)(2), by an officer 
of a diplomatic mission or consular post; or 
(B) a G–5 visa unless the applicant is employed, or 
has signed a contract to be employed by an employee 
in an international organization. 
(2) SUSPENSION REQUIREMENT.—Notwithstanding any other 
provision of law, the Secretary shall suspend, for such period 
as the Secretary determines 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 organization, if 
the Secretary determines that there is credible evidence that 
1 or more employees of such mission or international organiza-
tion have abused or exploited 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 deter-
mines and reports 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 mission or institution. 
(b) PROTECTIONS
AND REMEDIES
FOR A–3 AND G–5 NON-
IMMIGRANTS
EMPLOYED
BY
DIPLOMATS
AND
STAFF
OF
INTER-
NATIONAL ORGANIZATIONS.— 
8 USC 1375c. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00867
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5058 
PUBLIC LAW 110–457—DEC. 23, 2008 
(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 contract with 
the employer or prospective employer containing provisions 
described in paragraph (2); and 
(B) a consular officer has conducted a personal inter-
view 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 between the 
employer and domestic worker required under paragraph (1) 
shall include— 
(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 prop-
erty of the employee. 
(3) TRAINING OF CONSULAR OFFICERS.—The Secretary shall 
provide appropriate training to consular officers on the fair 
labor standards described in the pamphlet required under sec-
tion 202, trafficking in persons, and the provisions of this 
section. 
(4) RECORD KEEPING.— 
(A) IN GENERAL.—The Secretary shall maintain records 
on the presence of nonimmigrants holding an A–3 visa 
or a G–5 visa in the United States, including— 
(i) information about when the nonimmigrant 
entered and permanently exited the country of resi-
dence; 
(ii) the official title, contact information, and 
immunity level of the employer; and 
(iii) information regarding any allegations 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.—Except as provided 
in subparagraph (B), if a nonimmigrant 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 
nonimmigrant 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 effectively participate in all legal proceedings 
related to such action. 
(B) EXCEPTION.—An alien described in subparagraph 
(A) may be deported before the conclusion of the legal 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00868
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5059 
PUBLIC LAW 110–457—DEC. 23, 2008 
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 Immigra-
tion 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 DILIGENCE.—If the Sec-
retary of Homeland Security, after consultation with the 
Attorney General, 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 subpara-
graph (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 shall authorize any non-
immigrant described in paragraph (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 there-
after for the following 10 years, the Secretary shall submit 
a report to the appropriate congressional committees on 
the implementation of this section. 
(B) CONTENTS.—The report submitted under subpara-
graph (A) shall include— 
(i) an assessment of the actions taken by the 
Department of State and the Department of Justice 
to investigate allegations of trafficking or abuse of 
nonimmigrants 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 Secretary shall submit a report to the appropriate 
congressional 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 nonimmigrants receive appropriate 
compensation if their employers violate the terms of their 
employment contracts; and 
(C) with respect to each proposed compensation 
approach described in subparagraph (B), an evaluation and 
proposal describing the proposed processes for— 
(i) adjudicating claims of rights violations; 
(ii) determining the level of compensation; and 
(iii) administering the program, fund, or scheme. 
(e) ASSISTANCE TO LAW ENFORCEMENT INVESTIGATIONS.—The 
Secretary shall cooperate, to the fullest extent possible consistent 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00869
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5060 
PUBLIC LAW 110–457—DEC. 23, 2008 
with the United States obligations 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 
authorities of crimes related to abuse or exploitation of a non-
immigrant 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 Immigra-
tion and Nationality 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 Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(G)(v)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of State. 
(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Affairs and the Com-
mittee on the Judiciary of the House of Representatives; 
and 
(B) the Committee on Foreign Relations and the Com-
mittee on the Judiciary of the Senate. 
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETI-
TIONS 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 following: 
‘‘(d)(1) If the Secretary of Homeland Security determines 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 administrative 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 adminis-
trative 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 proceedings 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. 
‘‘(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 deportation in any case 
not described in this subsection.’’. 
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTINUED PRES-
ENCE IN THE UNITED STATES. 
(a) EXPANSION OF AUTHORITY.— 
(1) IN GENERAL.—Section 107(c)(3) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) is amended 
to read as follows: 
‘‘(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE 
UNITED STATES.— 
‘‘(A) TRAFFICKING VICTIMS.— 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00870
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5061 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘(i) IN GENERAL.—If a Federal law enforcement 
official files an application stating that an alien is 
a victim of a severe form of trafficking and may be 
a potential witness to such trafficking, the Secretary 
of Homeland Security may permit the alien to remain 
in the United States to facilitate the investigation and 
prosecution of those responsible for such crime. 
‘‘(ii) SAFETY.—While investigating and prosecuting 
suspected traffickers, Federal law enforcement officials 
described in clause (i) shall endeavor to make reason-
able efforts to protect the safety of trafficking victims, 
including taking measures to protect trafficked persons 
and their family members from intimidation, threats 
of reprisals, and reprisals from traffickers and their 
associates. 
‘‘(iii) CONTINUATION OF PRESENCE.—The Secretary 
shall permit an alien described in clause (i) who has 
filed a civil action under section 1595 of title 18, United 
States Code, to remain in the United States until such 
action is concluded. If the Secretary, in consultation 
with the Attorney General, determines that the alien 
has failed to exercise due diligence in pursuing such 
action, the Secretary may revoke the order permitting 
the alien to remain in the United States. 
‘‘(iv) EXCEPTION.—Notwithstanding clause (iii), an 
alien described in such clause may be deported before 
the conclusion of the administrative and legal pro-
ceedings related to a complaint described in such clause 
if 
such 
alien 
is 
inadmissible 
under 
paragraph 
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), 
(3)(A)(iii), (3)(B), or (3)(C) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)). 
‘‘(B) PAROLE FOR RELATIVES.—Law enforcement offi-
cials may submit written requests to the Secretary of 
Homeland Security, in accordance with section 240A(b)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1229b(b)(6)), to permit the parole into the United States 
of certain relatives of an alien described in subparagraph 
(A)(i). 
‘‘(C) STATE AND LOCAL LAW ENFORCEMENT.—The Sec-
retary of Homeland Security, in consultation with the 
Attorney General, shall— 
‘‘(i) develop materials to assist State and local 
law enforcement officials in working with Federal law 
enforcement to obtain continued presence for victims 
of a severe form of trafficking in cases investigated 
or prosecuted at the State or local level; and 
‘‘(ii) distribute the materials developed under 
clause (i) to State and local law enforcement officials.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)— 
(A) shall take effect on the date of the enactment 
of this Act; 
(B) shall apply to pending requests for continued pres-
ence filed pursuant to section 107(c)(3) of the Trafficking 
Victims Protection Act (22 U.S.C. 7105(c)(3)) and requests 
filed on or after such date; and 
Applicability. 
22 USC 7105 
note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00871
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5062 
PUBLIC LAW 110–457—DEC. 23, 2008 
(C) may not be applied to an alien who is not present 
in the United States. 
(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VICTIMS.—Section 
240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) 
is amended by adding at the end the following: 
‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 
‘‘(A) IN
GENERAL.—Upon written request by a law 
enforcement official, the Secretary of Homeland Security 
may parole under section 212(d)(5) any alien who is a 
relative of an alien granted continued presence under sec-
tion 107(c)(3)(A) of the Trafficking Victims Protection Act 
(22 U.S.C. 7105(c)(3)(A)), if the relative— 
‘‘(i) was, on the date on which law enforcement 
applied for such continued presence— 
‘‘(I) in the case of an alien granted continued 
presence who is under 21 years of age, the spouse, 
child, parent, or unmarried sibling under 18 years 
of age, of the alien; or 
‘‘(II) in the case of an alien granted continued 
presence who is 21 years of age or older, the spouse 
or child of the alien; or 
‘‘(ii) is a parent or sibling of the alien who the 
requesting law enforcement official, in consultation 
with the Secretary of Homeland Security, as appro-
priate, determines to be in present danger of retaliation 
as a result of the alien’s escape from the severe form 
of trafficking or cooperation with law enforcement, 
irrespective of age. 
‘‘(B) DURATION OF PAROLE.— 
‘‘(i) IN GENERAL.—The Secretary may extend the 
parole granted under subparagraph (A) until the final 
adjudication of the application filed by the principal 
alien under section 101(a)(15)(T)(ii). 
‘‘(ii) OTHER LIMITS ON DURATION.—If an application 
described in clause (i) is not filed, the parole granted 
under subparagraph (A) may extend until the later 
of— 
‘‘(I) the date on which the principal alien’s 
authority to remain in the United States under 
section 107(c)(3)(A) of the Trafficking Victims 
Protection Act (22 U.S.C. 7105(c)(3)(A)) is termi-
nated; or 
‘‘(II) the date on which a civil action filed 
by the principal alien under section 1595 of title 
18, United States Code, is concluded. 
‘‘(iii) DUE
DILIGENCE.—Failure by the principal 
alien to exercise due diligence in filing a visa petition 
on behalf of an alien described in clause (i) or (ii) 
of subparagraph (A), or in pursuing the civil action 
described in clause (ii)(II) (as determined by the Sec-
retary of Homeland Security in consultation with the 
Attorney General), may result in revocation of parole. 
‘‘(C) OTHER
LIMITATIONS.—A relative may not be 
granted parole under this paragraph if— 
‘‘(i) the Secretary of Homeland Security or the 
Attorney General has reason to believe that the rel-
ative was knowingly complicit in the trafficking of 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00872
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5063 
PUBLIC LAW 110–457—DEC. 23, 2008 
an alien permitted to remain in the United States 
under section 107(c)(3)(A) of the Trafficking Victims 
Protection Act (22 U.S.C. 7105(c)(3)(A)); or 
‘‘(ii) the relative is an alien described in paragraph 
(2) or (3) of section 212(a) or paragraph (2) or (4) 
of section 237(a).’’. 
Subtitle B—Assistance for Trafficking 
Victims 
SEC. 
211. 
ASSISTANCE 
FOR 
CERTAIN 
NONIMMIGRANT 
STATUS 
APPLICANTS. 
(a) IN GENERAL.—Section 431(c) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) 
is amended— 
(1) in paragraph (2)(B), by striking ‘‘or’’ at the end; 
(2) in paragraph (3)(B), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (3) the following: 
‘‘(4) an alien who has been granted nonimmigrant status 
under section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application 
that sets forth a prima facie case for eligibility for such non-
immigrant status.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to applications for public benefits and public benefits 
provided on or after the date of the enactment of this Act without 
regard to whether regulations have been implemented to carry 
out such amendments. 
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 
(a) IN GENERAL.—Section 107(b)(1) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended— 
(1) in subparagraph (E)(i)(I), by inserting ‘‘or is unable 
to cooperate with such a request due to physical or psychological 
trauma’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(F) ELIGIBILITY
FOR
INTERIM
ASSISTANCE
OF
CHIL-
DREN.— 
‘‘(i) 
DETERMINATION.—Upon 
receiving 
credible 
information that a child described in subparagraph 
(C)(ii)(I) who is seeking assistance under this para-
graph may have been subjected to a severe form of 
trafficking in persons, the Secretary of Health and 
Human Services shall promptly determine if the child 
is eligible for interim assistance under this paragraph. 
The Secretary shall have exclusive authority to make 
interim eligibility determinations under this clause. 
A determination of interim eligibility under this clause 
shall not affect the independent determination whether 
a child is a victim of a severe form of trafficking. 
‘‘(ii) NOTIFICATION.—The Secretary of Health and 
Human Services shall notify the Attorney General and 
the Secretary of Homeland Security not later than 
24 hours after all interim eligibility determinations 
have been made under clause (i). 
Deadline. 
Applicability. 
8 USC 1641 note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00873
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5064 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘(iii) DURATION.—Assistance under this paragraph 
may be provided to individuals determined to be 
eligible under clause (i) for a period of up to 90 days 
and may be extended for an additional 30 days. 
‘‘(iv) LONG-TERM ASSISTANCE FOR CHILDREN.— 
‘‘(I) ELIGIBILITY DETERMINATION.—Before the 
expiration of the period for interim assistance 
under clause (iii), the Secretary of Health and 
Human Services shall determine if the child 
referred to in clause (i) is eligible for assistance 
under this paragraph. 
‘‘(II) CONSULTATION.—In making a determina-
tion under subclause (I), the Secretary shall con-
sult with the Attorney General, the Secretary of 
Homeland 
Security, 
and 
nongovernmental 
organizations with expertise on victims of severe 
form of trafficking. 
‘‘(III) LETTER OF ELIGIBILITY.—If the Secretary, 
after receiving information the Secretary believes, 
taken as a whole, indicates that the child is eligible 
for assistance under this paragraph, the Secretary 
shall issue a letter of eligibility. The Secretary 
may not require that the child cooperate with law 
enforcement as a condition for receiving such letter 
of eligibility. 
‘‘(G) NOTIFICATION OF CHILDREN FOR INTERIM ASSIST-
ANCE.—Not later than 24 hours after a Federal, State, 
or local official discovers that a person who is under 18 
years of age may be a victim of a severe form of trafficking 
in persons, the official shall notify the Secretary of Health 
and Human Services to facilitate the provision of interim 
assistance under subparagraph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Section 107(c)(4) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(c)(4)) is amended— 
(1) by inserting ‘‘, the Department of Homeland Security, 
the Department of Health and Human Services,’’ after ‘‘the 
Department of State’’; and 
(2) by inserting ‘‘, including juvenile victims. The Attorney 
General and the Secretary of Health and Human Services shall 
provide training to State and local officials to improve the 
identification and protection of such victims’’ before the period 
at the end. 
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING 
IN PERSONS. 
(a) AMENDMENTS
TO TRAFFICKING VICTIMS PROTECTION ACT 
OF 2000.— 
(1) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL 
PERMANENT RESIDENTS.—Section 107 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting 
after subsection (e) the following: 
‘‘(f) ASSISTANCE
FOR UNITED STATES CITIZENS
AND LAWFUL 
PERMANENT RESIDENTS.— 
‘‘(1) IN GENERAL.—The Secretary of Health and Human 
Services and the Attorney General, in consultation with the 
Secretary of Labor, shall establish a program to assist United 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00874
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5065 
PUBLIC LAW 110–457—DEC. 23, 2008 
States citizens and aliens lawfully admitted for permanent 
residence (as defined in section 101(a)(20) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims 
of severe forms of trafficking. In determining the assistance 
that would be most beneficial for such victims, the Secretary 
and the Attorney General shall consult with nongovernmental 
organizations that provide services to victims of severe forms 
of trafficking in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addition to specialized 
services required for victims described in paragraph (1), the 
program established pursuant to paragraph (1) shall— 
‘‘(A) facilitate communication and coordination between 
the providers of assistance to such victims; 
‘‘(B) provide a means to identify such providers; and 
‘‘(C) provide a means to make referrals to programs 
for which such victims are already eligible, including pro-
grams administered by the Department of Justice and the 
Department of Health and Human Services. 
‘‘(3) GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary of Health and Human 
Services and the Attorney General may award grants to 
States, Indian tribes, units of local government, and non-
profit, nongovernmental victim service organizations to 
develop, expand, and strengthen victim service programs 
authorized under this subsection. 
‘‘(B) MAXIMUM FEDERAL SHARE.—The Federal share of 
a grant awarded under this paragraph may not exceed 
75 percent of the total costs of the projects described in 
the application submitted by the grantee.’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 113 of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) 
is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘To carry out’’ and inserting the 
following: 
‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To carry 
out’’; and 
(ii) by adding at the end the following: 
‘‘(2) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.—To 
carry out the purposes of section 107(f), there are authorized 
to be appropriated to the Secretary of Health and Human 
Services— 
‘‘(A) $2,500,000 for fiscal year 2008; 
‘‘(B) $5,000,0000 for fiscal year 2009; 
‘‘(C) $7,000,000 for fiscal year 2010; and 
‘‘(D) $7,000,000 for fiscal year 2011.’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘To carry out the purposes of section 
107(b)’’ and inserting the following: 
‘‘(A) ELIGIBILITY FOR BENEFITS AND ASSISTANCE.—To 
carry out the purposes of section 107(b)’’; 
(ii) by striking ‘‘To carry out the purposes of section 
134’’ and inserting the following: 
‘‘(B) ASSISTANCE TO FOREIGN COUNTRIES.—To carry out 
the purposes of section 134’’; and 
(iii) by adding at the end the following: 
Consultation. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00875
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5066 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘(C) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS.— 
To carry out the purposes of section 107(f), there are 
authorized to be appropriated to the Attorney General— 
‘‘(i) $2,500,000 for fiscal year 2008; 
‘‘(ii) $5,000,0000 for fiscal year 2009; 
‘‘(iii) $7,000,000 for fiscal year 2010; and 
‘‘(iv) $7,000,000 for fiscal year 2011.’’. 
(3) TECHNICAL ASSISTANCE.—Section 107(b)(2)(B)(ii) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(b)(2)(B)(ii)) is amended to read as follows: 
‘‘(ii) 5 percent for training and technical assistance, 
including increasing capacity and expertise on security 
for and protection of service providers from intimida-
tion or retaliation for their activities.’’. 
(b) STUDY.— 
(1) REQUIREMENT.—Not later than 1 year after the date 
of the enactment of this Act, the Attorney General and the 
Secretary of Health and Human Services shall submit a report 
to the appropriate congressional committees that identifies the 
existence and extent of any service gap between victims 
described in section 107(b)(1) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7105) and individuals described 
in section 107(f) of such Act, as amended by section 213(a) 
of this Act. 
(2) ELEMENTS.—In carrying out the study under subpara-
graph (1), the Attorney General and the Secretary of Health 
and Human Services shall— 
(A) investigate factors relating to the legal ability of 
the victims described in paragraph (1) to access govern-
ment-funded social services in general, including the 
application of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(5)) and 
the Illegal Immigration and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104–208; 110 Stat. 3009 
et seq.); 
(B) investigate any other impediments to the access 
of the victims described in paragraph (1) to government- 
funded social services; 
(C) investigate any impediments to the access of the 
victims described in paragraph (1) to government-funded 
services targeted to victims of severe forms of trafficking; 
(D) investigate the effect of trafficking service-provider 
infrastructure development, continuity of care, and avail-
ability of caseworkers on the eventual restoration and 
rehabilitation of the victims described in paragraph (1); 
and 
(E) include findings, best practices, and recommenda-
tions, if any, based on the study of the elements described 
in subparagraphs (A) through (D) and any other related 
information. 
Deadline. 
Reports. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00876
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5067 
PUBLIC LAW 110–457—DEC. 23, 2008 
Subtitle C—Penalties Against Traffickers 
and Other Crimes 
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCEMENT OF 
CIVIL ACTION. 
Chapter 77 of title 18, United States Code, is amended— 
(1) in section 1593(b), by adding at the end the following: 
‘‘(4) The forfeiture of property under this subsection shall be 
governed by the provisions of section 413 (other than subsection 
(d) of such section) of the Controlled Substances Act (21 U.S.C. 
853).’’; and 
(2) in section 1595— 
(A) in subsection (a)— 
(i) by striking ‘‘of section 1589, 1590, or 1591’’; 
and 
(ii) by inserting ‘‘(or whoever knowingly benefits, 
financially or by receiving anything of value from 
participation in a venture which that person knew 
or should have known has engaged in an act in viola-
tion of this chapter)’’ after ‘‘perpetrator’’; and 
(B) by adding at the end the following: 
‘‘(c) No action may be maintained under this section unless 
it is commenced not later than 10 years after the cause of action 
arose.’’. 
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OFFENSES. 
(a) DETENTION.—Section 3142(e) of title 18, United States Code, 
is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘If, after a hearing’’; 
(3) by inserting ‘‘(2)’’ before ‘‘In a case’’; 
(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebuttal’’; 
(5) by striking ‘‘paragraph (1) of this subsection’’ each place 
it appears and inserting ‘‘subparagraph (A)’’; 
(6) in paragraph (3), as redesignated— 
(A) by striking ‘‘committed an offense’’ and inserting 
the following: ‘‘committed— 
‘‘(A) an offense’’; 
(B) by striking ‘‘46, an offense’’ and inserting the fol-
lowing: ‘‘46; 
‘‘(B) an offense’’; 
(C) by striking ‘‘title, or an offense’’ and inserting the 
following: ‘‘title; 
‘‘(C) an offense’’; and 
(D) by striking ‘‘prescribed or an offense’’ and inserting 
the following: ‘‘prescribed; 
‘‘(D) an offense under chapter 77 of this title for which 
a maximum term of imprisonment of 20 years or more is 
prescribed; or 
‘‘(E) an offense’’. 
(b) PREVENTING OBSTRUCTION.— 
(1) ENTICEMENT INTO SLAVERY.—Section 1583 of title 18, 
United States Code, is amended to read as follows: 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00877
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5068 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘§ 1583. Enticement into slavery 
‘‘(a) Whoever— 
‘‘(1) kidnaps or carries away any other person, with the 
intent that such other person be sold into involuntary servitude, 
or held as a slave; 
‘‘(2) entices, persuades, or induces any other person to 
go on board any vessel or to any other place with the intent 
that he or she may be made or held as a slave, or sent out 
of the country to be so made or held; or 
‘‘(3) obstructs, or attempts to obstruct, or in any way inter-
feres with or prevents the enforcement of this section, 
shall be fined under this title, imprisoned not more than 20 years, 
or both. 
‘‘(b) Whoever violates this section shall be fined under this 
title, imprisoned for any term of years or for life, or both if— 
‘‘(1) the violation results in the death of the victim; or 
‘‘(2) the violation includes kidnaping, an attempt to kidnap, 
aggravated sexual abuse, an attempt to commit aggravated 
sexual abuse, or an attempt to kill.’’. 
(2) SALE INTO INVOLUNTARY SERVITUDE.—Section 1584 of 
such title is amended— 
(A) by striking ‘‘Whoever’’ and inserting the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties described in subsection (a).’’. 
(3) PUNISHING FINANCIAL GAIN FROM TRAFFICKED LABOR.— 
Section 1589 of such title is amended to read as follows: 
‘‘SEC. 1589. FORCED LABOR. 
‘‘(a) Whoever knowingly provides or obtains the labor or services 
of a person by any one of, or by any combination of, the following 
means— 
‘‘(1) by means of force, threats of force, physical restraint, 
or threats of physical restraint to that person or another person; 
‘‘(2) by means of serious harm or threats of serious harm 
to that person or another person; 
‘‘(3) by means of the abuse or threatened abuse of law 
or legal process; or 
‘‘(4) by means of any scheme, plan, or pattern intended 
to cause the person to believe that, if that person did not 
perform such labor or services, that person or another person 
would suffer serious harm or physical restraint, 
shall be punished as provided under subsection (d). 
‘‘(b) Whoever knowingly benefits, financially or by receiving 
anything of value, from participation in a venture which has 
engaged in the providing or obtaining of labor or services by any 
of the means described in subsection (a), knowing or in reckless 
disregard of the fact that the venture has engaged in the providing 
or obtaining of labor or services by any of such means, shall be 
punished as provided in subsection (d). 
‘‘(c) In this section: 
‘‘(1) The term ‘abuse or threatened abuse of law or legal 
process’ means the use or threatened use of a law or legal 
process, whether administrative, civil, or criminal, in any 
manner or for any purpose for which the law was not designed, 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00878
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5069 
PUBLIC LAW 110–457—DEC. 23, 2008 
in order to exert pressure on another person to cause that 
person to take some action or refrain from taking some action. 
‘‘(2) The term ‘serious harm’ means any harm, whether 
physical or nonphysical, including psychological, financial, or 
reputational harm, that is sufficiently serious, under all the 
surrounding circumstances, to compel a reasonable person of 
the same background and in the same circumstances to perform 
or to continue performing labor or services in order to avoid 
incurring that harm. 
‘‘(d) Whoever violates this section shall be fined under this 
title, imprisoned not more than 20 years, or both. If death results 
from a violation of this section, or if the violation includes kid-
naping, an attempt to kidnap, aggravated sexual abuse, or an 
attempt to kill, the defendant shall be fined under this title, impris-
oned for any term of years or life, or both.’’. 
(4) TRAFFICKING.—Section 1590 of such title is amended— 
(A) by striking ‘‘Whoever’’ and inserting the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties under subsection (a).’’. 
(5) SEX TRAFFICKING OF CHILDREN.—Section 1591 of such 
title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘or obtains’’ and 
inserting ‘‘obtains, or maintains’’; and 
(ii) in the matter following paragraph (2), by 
striking ‘‘that force, fraud, or coercion described in 
subsection (c)(2)’’ and inserting ‘‘, or in reckless dis-
regard of the fact, that means of force, threats of 
force, fraud, coercion described in subsection (e)(2), 
or any combination of such means’’; 
(B) by redesignating subsection (c) as subsection (e); 
(C) in subsection (b)(1), by striking ‘‘force, fraud, or 
coercion’’ and inserting ‘‘means of force, threats of force, 
fraud, or coercion described in subsection (e)(2), or by any 
combination of such means,’’; 
(D) by inserting after subsection (b) the following: 
‘‘(c) In a prosecution under subsection (a)(1) in which the 
defendant had a reasonable opportunity to observe the person so 
recruited, enticed, harbored, transported, provided, obtained or 
maintained, the Government need not prove that the defendant 
knew that the person had not attained the age of 18 years. 
‘‘(d) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be fined under this title, imprisoned for a term not to exceed 
20 years, or both.’’; 
(E) in subsection (e), as redesignated— 
(i) by redesignating paragraph (3) as paragraph 
(5); 
(ii) by redesignating paragraph (1) as paragraph 
(3); 
(iii) by inserting before paragraph (2) the following: 
‘‘(1) The term ‘abuse or threatened abuse of law or legal 
process’ means the use or threatened use of a law or legal 
process, whether administrative, civil, or criminal, in any 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00879
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5070 
PUBLIC LAW 110–457—DEC. 23, 2008 
manner or for any purpose for which the law was not designed, 
in order to exert pressure on another person to cause that 
person to take some action or refrain from taking some action.’’; 
and 
(iv) by inserting after paragraph (3), as redesig-
nated, the following: 
‘‘(4) The term ‘serious harm’ means any harm, whether 
physical or nonphysical, including psychological, financial, or 
reputational harm, that is sufficiently serious, under all the 
surrounding circumstances, to compel a reasonable person of 
the same background and in the same circumstances to perform 
or to continue performing commercial sexual activity in order 
to avoid incurring that harm.’’. 
(6) UNLAWFUL
CONDUCT.—Section 1592 of such title is 
amended by adding at the end the following: 
‘‘(c) Whoever obstructs, attempts to obstruct, or in any way 
interferes with or prevents the enforcement of this section, shall 
be subject to the penalties described in subsection (a).’’. 
(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Section 1594 of 
title 18, United States Code, is amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the following: 
‘‘(b) Whoever conspires with another to violate section 1581, 
1583, 1589, 1590, or 1592 shall be punished in the same manner 
as a completed violation of such section. 
‘‘(c) Whoever conspires with another to violate section 1591 
shall be fined under this title, imprisoned for any term of years 
or for life, or both.’’. 
(d) BENEFITTING FINANCIALLY FROM PEONAGE, SLAVERY, AND 
TRAFFICKING IN PERSONS.— 
(1) IN GENERAL.—Chapter 77 of title 18, United States 
Code, is amended by inserting after section 1593 the following: 
‘‘§ 1593A. Benefitting financially from peonage, slavery, and 
trafficking in persons 
‘‘Whoever knowingly benefits, financially or by receiving any-
thing of value, from participation in a venture which has engaged 
in any act in violation of section 1581(a), 1592, or 1595(a), knowing 
or in reckless disregard of the fact that the venture has engaged 
in such violation, shall be fined under this title or imprisoned 
in the same manner as a completed violation of such section.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1593 the following: 
‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in per-
sons.’’. 
(e) RETALIATION
IN FOREIGN LABOR CONTRACTING.—Chapter 
63 of title 18, United States Code, is amended— 
(1) in the chapter heading, by adding at the end the fol-
lowing: ‘‘AND OTHER FRAUD OFFENSES’’; 
(2) by adding at the end the following: 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00880
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5071 
PUBLIC LAW 110–457—DEC. 23, 2008 
‘‘§ 1351. Fraud in foreign labor contracting 
‘‘Whoever knowingly and with intent to defraud recruits, solicits 
or hires a person outside the United States for purposes of employ-
ment in the United States by means of materially false or fraudulent 
pretenses, representations or promises regarding that employment 
shall be fined under this title or imprisoned for not more than 
5 years, or both.’’; and 
(3) in the table of sections, by inserting after the item 
relating to section 1350 the following: 
‘‘1351. Fraud in foreign labor contracting.’’. 
(f) TIGHTENING IMMIGRATION PROHIBITIONS.— 
(1) GROUND OF INADMISSIBILITY FOR TRAFFICKING.—Section 
212(a)(2)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)(H)(i)) is amended by striking ‘‘who is listed in a 
report submitted pursuant to section 111(b) of the Trafficking 
Victims Protection Act of 2000’’ and inserting ‘‘who commits 
or conspires to commit human trafficking offenses in the United 
States or outside the United States’’. 
(2) GROUND OF REMOVABILITY.—Section 237(a)(2) of such 
Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(F) TRAFFICKING.—Any alien described in section 
212(a)(2)(H) is deportable.’’. 
(g) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its 
authority under section 994 of title 28, United States Code, the 
United States Sentencing Commission shall review and, if appro-
priate, amend the sentencing guidelines and policy statements 
applicable to persons convicted of alien harboring to ensure con-
formity with the sentencing guidelines applicable to persons con-
victed of promoting a commercial sex act if— 
(1) the harboring was committed in furtherance of prostitu-
tion; and 
(2) the defendant to be sentenced is an organizer, leader, 
manager, or supervisor of the criminal activity. 
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OFFENSES. 
(a) IN GENERAL.—Chapter 77 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 1596. Additional jurisdiction in certain trafficking offenses 
‘‘(a) IN GENERAL.—In addition to any domestic or extra-terri-
torial jurisdiction otherwise provided by law, the courts of the 
United States have extra-territorial jurisdiction over any offense 
(or any attempt or conspiracy to commit an offense) under section 
1581, 1583, 1584, 1589, 1590, or 1591 if— 
‘‘(1) an alleged offender is a national of the United States 
or an alien lawfully admitted for permanent residence (as those 
terms are defined in section 101 of the Immigration and Nation-
ality Act (8 U.S.C. 1101)); or 
‘‘(2) an alleged offender is present in the United States, 
irrespective of the nationality of the alleged offender. 
‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES PROSECUTED 
IN OTHER COUNTRIES.—No prosecution may be commenced against 
a person under this section if a foreign government, in accordance 
with jurisdiction recognized by the United States, has prosecuted 
or is prosecuting such person for the conduct constituting such 
28 USC 994 note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00881
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5072 
PUBLIC LAW 110–457—DEC. 23, 2008 
offense, except upon the approval of the Attorney General or the 
Deputy Attorney General (or a person acting in either such 
capacity), which function of approval may not be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 77 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OFFENDER 
PENALTIES FOR SEX TRAFFICKING. 
(a) RELEASE AND DETENTION.—Subsections (f)(1)(A) and (g)(1) 
of section 3142 of title 18, United States Code, are amended by 
striking ‘‘violence,’’ each place such term appears and inserting 
‘‘violence, a violation of section 1591,’’. 
(b) SUBPOENAS.—Section 3486(a)(1)(D) of title 18, United States 
Code, is amended by inserting ‘‘1591,’’ after ‘‘1201,’’. 
(c) REPEAT
OFFENDERS.—Section 2426(b)(1)(A) of title 18, 
United States Code, is amended, by striking ‘‘or chapter 110’’ and 
inserting ‘‘chapter 110, or section 1591’’. 
SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT. 
(a) RELATIONSHIP AMONG FEDERAL AND STATE LAW.—Nothing 
in this Act, the Trafficking Victims Protection Act of 2000, the 
Trafficking Victims Protection Reauthorization Act of 2003, the 
Trafficking Victims Protection Reauthorization Act of 2005, chapters 
77 and 117 of title 18, United States Code, or any model law 
issued by the Department of Justice to carry out the purposes 
of any of the aforementioned statutes— 
(1) may be construed to treat prostitution as a valid form 
of employment under Federal law; or 
(2) shall preempt, supplant, or limit the effect of any State 
or Federal criminal law. 
(b) MODEL STATE CRIMINAL PROVISIONS.—In addition to any 
model State antitrafficking statutes in effect on the date of the 
enactment of this Act, the Attorney General shall facilitate the 
promulgation of a model State statute that— 
(1) furthers a comprehensive approach to investigation and 
prosecution through modernization of State and local prostitu-
tion and pandering statutes; and 
(2) is based in part on the provisions of the Act of August 
15, 1935 (49 Stat. 651; D.C. Code 22–2701 et seq.) (relating 
to prostitution and pandering). 
(c) DISTRIBUTION.—The model statute described in subsection 
(b) and the text of chapter 27 of the Criminal Code of the District 
of Columbia (D.C. Code 22–2701 et seq.) shall be— 
(1) posted on the website of the Department of Justice; 
and 
(2) distributed to the Attorney General of each State. 
Subtitle D—Activities of the United States 
Government 
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 
Section 105(d)(7) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A)— 
Web site. 
22 USC 7101 
note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00882
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5073 
PUBLIC LAW 110–457—DEC. 23, 2008 
(A) by striking ‘‘section 107(b)’’ and inserting ‘‘sub-
sections (b) and (f) of section 107’’; and 
(B) by inserting ‘‘the Attorney General,’’ after ‘‘the 
Secretary of Labor,’’; 
(2) in subparagraph (G), by striking ‘‘and’’ at the end; 
(3) by redesignating subparagraph (H) as subparagraph 
(J); and 
(4) by inserting after subparagraph (G) the following: 
‘‘(H) activities by the Department of Defense to combat 
trafficking in persons, including— 
‘‘(i) educational efforts for, and disciplinary actions 
taken against, members of the United States Armed 
Forces; 
‘‘(ii) the development of materials used to train 
the armed forces of foreign countries; and 
‘‘(iii) efforts to ensure that United States Govern-
ment contractors and their employees or United States 
Government subcontractors and their employees do not 
engage in trafficking in persons; 
‘‘(I) activities or actions by Federal departments and 
agencies to enforce— 
‘‘(i) section 106(g) and any similar law, regulation, 
or policy relating to United States Government contrac-
tors and their employees or United States Government 
subcontractors and their employees that engage in 
severe forms of trafficking in persons, the procurement 
of commercial sex acts, or the use of forced labor, 
including debt bondage; 
‘‘(ii) section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307; relating to prohibition on importation of convict- 
made goods), including any determinations by the Sec-
retary of Homeland Security to waive the restrictions 
of such section; and 
‘‘(iii) prohibitions on the procurement by the 
United States Government of items or services pro-
duced by slave labor, consistent with Executive Order 
13107 (December 10, 1998); and’’. 
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL. 
(a) IN GENERAL.—For each of the fiscal years 2010 through 
2012, the Inspectors General of the Department of Defense, the 
Department of State, and the United States Agency for Inter-
national Development shall investigate a sample of the contracts 
described in subsection (b). 
(b) CONTRACTS DESCRIBED.— 
(1) IN
GENERAL.—The contracts described in subsection 
(a) are contracts, or subcontracts at any tier, under which 
there is a heightened risk that a contractor may engage, know-
ingly or unknowingly, in acts related to trafficking in persons, 
such as— 
(A) confiscation of an employee’s passport; 
(B) restriction on an employee’s mobility; 
(C) abrupt or evasive repatriation of an employee; 
(D) deception of an employee regarding the work des-
tination; or 
(E) acts otherwise described in section 106(g) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104). 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00883
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5074 
PUBLIC LAW 110–457—DEC. 23, 2008 
(2) CONSULTATION AND INFORMATION RECEIVED.—In deter-
mining the type of contact that should be investigated pursuant 
to subsection (a), the Inspectors General shall— 
(A) consult with the Director of the Office to Combat 
Trafficking in Persons of the Department of State; and 
(B) take into account any credible information received 
regarding report of trafficking in persons. 
(c) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not later than January 15, 2009, and 
annually thereafter through January 15, 2011, each Inspector 
General shall submit a report to the congressional committees 
listed in paragraph (3)— 
(A) summarizing the findings of the investigations con-
ducted in the previous year, including any findings 
regarding trafficking in persons or any improvements 
needed to prevent trafficking in persons; and 
(B) in the case of any contractor or subcontractor with 
regard to which the Inspector General has found substan-
tial evidence of trafficking in persons, report as to— 
(i) whether or not the case has been referred for 
prosecution; and 
(ii) whether or not the case has been treated in 
accordance with section 106(g) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7104) (relating 
to termination of certain grants, contracts and coopera-
tive agreements). 
(2) JOINT REPORT.—The Inspectors General described in 
subsection (a) may submit their reports jointly. 
(3) CONGRESSIONAL COMMITTEES.—The committees list in 
this paragraph are— 
(A) the Committee on Armed Services of the Senate; 
(B) the Committee on Foreign Relations of the Senate; 
(C) the Committee on Armed Services of the House 
of Representatives; and 
(D) the Committee on Foreign Affairs of the House 
of Representatives. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Reauthoriza-
tion Act of 2005 (42 U.S.C. 14044d) is amended by striking ‘‘, 
as the department or agency determines appropriate,’’. 
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAFFICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(2)(H)(i)) is amended by striking ‘‘consular officer’’ 
and inserting ‘‘consular officer, the Secretary of Homeland Security, 
the Secretary of State,’’. 
SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF 
CHILDREN. 
(a) COMBATING CHILD TRAFFICKING AT THE BORDER AND PORTS 
OF ENTRY OF THE UNITED STATES.— 
(1) POLICIES AND PROCEDURES.—In order to enhance the 
efforts of the United States to prevent trafficking in persons, 
the Secretary of Homeland Security, in conjunction with the 
Secretary of State, the Attorney General, and the Secretary 
of Health and Human Services, shall develop policies and proce-
dures to ensure that unaccompanied alien children in the 
8 USC 1232. 
Deadlines. 
Reports. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00884
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5075 
PUBLIC LAW 110–457—DEC. 23, 2008 
United States are safely repatriated to their country of nation-
ality or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CONTIGUOUS COUN-
TRIES.— 
(A) DETERMINATIONS.—Any unaccompanied alien child 
who is a national or habitual resident of a country that 
is contiguous with the United States shall be treated in 
accordance with subparagraph (B), if the Secretary of 
Homeland Security determines, on a case-by-case basis, 
that— 
(i) such child has not been a victim of a severe 
form of trafficking in persons, and there is no credible 
evidence that such child is at risk of being trafficked 
upon return to the child’s country of nationality or 
of last habitual residence; 
(ii) such child does not have a fear of returning 
to the child’s country of nationality or of last habitual 
residence owing to a credible fear of persecution; and 
(iii) the child is able to make an independent deci-
sion to withdraw the child’s application for admission 
to the United States. 
(B) RETURN.—An immigration officer who finds an 
unaccompanied alien child described in subparagraph (A) 
at a land border or port of entry of the United States 
and determines that such child is inadmissible under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
may— 
(i) permit such child to withdraw the child’s 
application for admission pursuant to section 235(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 
1225(a)(4)); and 
(ii) return such child to the child’s country of 
nationality or country of last habitual residence. 
(C) CONTIGUOUS
COUNTRY
AGREEMENTS.—The Sec-
retary of State shall negotiate agreements between the 
United States and countries contiguous to the United 
States with respect to the repatriation of children. Such 
agreements shall be designed to protect children from 
severe forms of trafficking in persons, and shall, at a min-
imum, provide that— 
(i) no child shall be returned to the child’s country 
of nationality or of last habitual residence unless 
returned 
to 
appropriate 
employees 
or 
officials, 
including child welfare officials where available, of the 
accepting country’s government; 
(ii) no child shall be returned to the child’s country 
of nationality or of last habitual residence outside of 
reasonable business hours; and 
(iii) border personnel of the countries that are 
parties to such agreements are trained in the terms 
of such agreements. 
(3) RULE FOR OTHER CHILDREN.—The custody of unaccom-
panied alien children not described in paragraph (2)(A) who 
are apprehended at the border of the United States or at 
a United States port of entry shall be treated in accordance 
with subsection (b). 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00885
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5076 
PUBLIC LAW 110–457—DEC. 23, 2008 
(4) SCREENING.—Within 48 hours of the apprehension of 
a child who is believed to be described in paragraph (2)(A), 
but in any event prior to returning such child to the child’s 
country of nationality or of last habitual residence, the child 
shall be screened to determine whether the child meets the 
criteria listed in paragraph (2)(A). If the child does not meet 
such criteria, or if no determination can be made within 48 
hours of apprehension, the child shall immediately be trans-
ferred to the Secretary of Health and Human Services and 
treated in accordance with subsection (b). Nothing in this para-
graph may be construed to preclude an earlier transfer of 
the child. 
(5) ENSURING THE SAFE REPATRIATION OF CHILDREN.— 
(A) REPATRIATION PILOT PROGRAM.—To protect children 
from trafficking and exploitation, the Secretary of State 
shall create a pilot program, in conjunction with the Sec-
retary of Health and Human Services and the Secretary 
of Homeland Security, nongovernmental organizations, and 
other national and international agencies and experts, to 
develop and implement best practices to ensure the safe 
and sustainable repatriation and reintegration of unaccom-
panied alien children into their country of nationality or 
of last habitual residence, including placement with their 
families, legal guardians, or other sponsoring agencies. 
(B) ASSESSMENT OF COUNTRY CONDITIONS.—The Sec-
retary of Homeland Security shall consult the Department 
of State’s Country Reports on Human Rights Practices 
and the Trafficking in Persons Report in assessing whether 
to repatriate an unaccompanied alien child to a particular 
country. 
(C) REPORT
ON
REPATRIATION
OF
UNACCOMPANIED 
ALIEN CHILDREN.—Not later than 18 months after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of State and the Secretary of Health and Human 
Services, with assistance from the Secretary of Homeland 
Security, shall submit a report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary 
of the House of Representatives on efforts to improve repa-
triation programs for unaccompanied alien children. Such 
report shall include— 
(i) the number of unaccompanied alien children 
ordered removed and the number of such children actu-
ally removed from the United States; 
(ii) a statement of the nationalities, ages, and 
gender of such children; 
(iii) a description of the policies and procedures 
used to effect the removal of such children from the 
United States and the steps taken to ensure that such 
children were safely and humanely repatriated to their 
country of nationality or of last habitual residence, 
including a description of the repatriation pilot pro-
gram created pursuant to subparagraph (A); 
(iv) a description of the type of immigration relief 
sought and denied to such children; 
(v) any information gathered in assessments of 
country and local conditions pursuant to paragraph 
(2); and 
Consultation. 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00886
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5077 
PUBLIC LAW 110–457—DEC. 23, 2008 
(vi) statistical information and other data on 
unaccompanied alien children as provided for in section 
462(b)(1)(J) of the Homeland Security Act of 2002 (6 
U.S.C. 279(b)(1)(J)). 
(D) 
PLACEMENT
IN
REMOVAL
PROCEEDINGS.—Any 
unaccompanied alien child sought to be removed by the 
Department of Homeland Security, except for an unaccom-
panied alien child from a contiguous country subject to 
exceptions under subsection (a)(2), shall be— 
(i) placed in removal proceedings under section 
240 of the Immigration and Nationality Act (8 U.S.C. 
1229a); 
(ii) eligible for relief under section 240B of such 
Act (8 U.S.C. 1229c) at no cost to the child; and 
(iii) provided access to counsel in accordance with 
subsection (c)(5). 
(b) COMBATING CHILD TRAFFICKING AND EXPLOITATION IN THE 
UNITED STATES.— 
(1) CARE AND CUSTODY OF UNACCOMPANIED ALIEN CHIL-
DREN.—Consistent with section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279), and except as otherwise provided 
under subsection (a), the care and custody of all unaccompanied 
alien children, including responsibility for their detention, 
where appropriate, shall be the responsibility of the Secretary 
of Health and Human Services. 
(2) NOTIFICATION.—Each department or agency of the Fed-
eral Government shall notify the Department of Health and 
Human services within 48 hours upon— 
(A) the apprehension or discovery of an unaccompanied 
alien child; or 
(B) any claim or suspicion that an alien in the custody 
of such department or agency is under 18 years of age. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN
CHILDREN.— 
Except in the case of exceptional circumstances, any department 
or agency of the Federal Government that has an unaccom-
panied alien child in custody shall transfer the custody of 
such child to the Secretary of Health and Human Services 
not later than 72 hours after determining that such child is 
an unaccompanied alien child. 
(4) AGE DETERMINATIONS.—The Secretary of Health and 
Human Services, in consultation with the Secretary of Home-
land Security, shall develop procedures to make a prompt deter-
mination of the age of an alien, which shall be used by the 
Secretary of Homeland Security and the Secretary of Health 
and Human Services for children in their respective custody. 
At a minimum, these procedures shall take into account mul-
tiple forms of evidence, including the non-exclusive use of 
radiographs, to determine the age of the unaccompanied alien. 
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary of Health and 
Human Services, Secretary of Homeland Security, Attorney 
General, and Secretary of State shall establish policies and 
programs to ensure that unaccompanied alien children in the 
United States are protected from traffickers and other persons 
seeking to victimize or otherwise engage such children in 
criminal, harmful, or exploitative activity, including policies 
Procedures. 
Deadline. 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00887
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5078 
PUBLIC LAW 110–457—DEC. 23, 2008 
and programs reflecting best practices in witness security pro-
grams. 
(2) SAFE
AND
SECURE
PLACEMENTS.—Subject to section 
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(2)), an unaccompanied alien child in the custody of the 
Secretary of Health and Human Services shall be promptly 
placed in the least restrictive setting that is in the best interest 
of the child. In making such placements, the Secretary may 
consider danger to self, danger to the community, and risk 
of flight. Placement of child trafficking victims may include 
placement in an Unaccompanied Refugee Minor program, 
pursuant to section 412(d) of the Immigration and Nationality 
Act (8 U.S.C. 1522(d)), if a suitable family member is not 
available to provide care. A child shall not be placed in a 
secure facility absent a determination that the child poses 
a danger to self or others or has been charged with having 
committed a criminal offense. The placement of a child in 
a secure facility shall be reviewed, at a minimum, on a monthly 
basis, in accordance with procedures prescribed by the Sec-
retary, to determine if such placement remains warranted. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.— 
(A) IN
GENERAL.—Subject to the requirements of 
subparagraph (B), an unaccompanied alien child may not 
be placed with a person or entity unless the Secretary 
of Health and Human Services makes a determination 
that the proposed custodian is capable of providing for 
the child’s physical and mental well-being. Such determina-
tion shall, at a minimum, include verification of the 
custodian’s identity and relationship to the child, if any, 
as well as an independent finding that the individual has 
not engaged in any activity that would indicate a potential 
risk to the child. 
(B) HOME STUDIES.—Before placing the child with an 
individual, the Secretary of Health and Human Services 
shall determine whether a home study is first necessary. 
A home study shall be conducted for a child who is a 
victim of a severe form of trafficking in persons, a special 
needs child with a disability (as defined in section 3 of 
the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(2))), a child who has been a victim of physical or 
sexual abuse under circumstances that indicate that the 
child’s health or welfare has been significantly harmed 
or threatened, or a child whose proposed sponsor clearly 
presents a risk of abuse, maltreatment, exploitation, or 
trafficking to the child based on all available objective 
evidence. The Secretary of Health and Human Services 
shall conduct follow-up services, during the pendency of 
removal proceedings, on children for whom a home study 
was conducted and is authorized to conduct follow-up serv-
ices in cases involving children with mental health or other 
needs who could benefit from ongoing assistance from a 
social welfare agency. 
(C) ACCESS TO INFORMATION.—Not later than 2 weeks 
after receiving a request from the Secretary of Health 
and Human Services, the Secretary of Homeland Security 
shall provide information necessary to conduct suitability 
Deadline. 
Review. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00888
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5079 
PUBLIC LAW 110–457—DEC. 23, 2008 
assessments from appropriate Federal, State, and local law 
enforcement and immigration databases. 
(4) LEGAL ORIENTATION PRESENTATIONS.—The Secretary of 
Health and Human Services shall cooperate with the Executive 
Office for Immigration Review to ensure that custodians receive 
legal orientation presentations provided through the Legal Ori-
entation Program administered by the Executive Office for 
Immigration Review. At a minimum, such presentations shall 
address the custodian’s responsibility to attempt to ensure the 
child’s appearance at all immigration proceedings and to protect 
the child from mistreatment, exploitation, and trafficking. 
(5) ACCESS
TO
COUNSEL.—The Secretary of Health and 
Human Services shall ensure, to the greatest extent practicable 
and consistent with section 292 of the Immigration and Nation-
ality Act (8 U.S.C. 1362), that all unaccompanied alien children 
who are or have been in the custody of the Secretary or the 
Secretary of Homeland Security, and who are not described 
in subsection (a)(2)(A), have counsel to represent them in legal 
proceedings or matters and protect them from mistreatment, 
exploitation, and trafficking. To the greatest extent practicable, 
the Secretary of Health and Human Services shall make every 
effort to utilize the services of pro bono counsel who agree 
to provide representation to such children without charge. 
(6) CHILD
ADVOCATES.—The Secretary of Health and 
Human Services is authorized to appoint independent child 
advocates for child trafficking victims and other vulnerable 
unaccompanied alien children. A child advocate shall be pro-
vided access to materials necessary to effectively advocate for 
the best interest of the child. The child advocate shall not 
be compelled to testify or provide evidence in any proceeding 
concerning any information or opinion received from the child 
in the course of serving as a child advocate. The child advocate 
shall be presumed to be acting in good faith and be immune 
from civil and criminal liability for lawful conduct of duties 
as described in this provision. 
(d) PERMANENT PROTECTION FOR CERTAIN AT-RISK CHILDREN.— 
(1) IN GENERAL.—Section 101(a)(27)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(A) in clause (i), by striking ‘‘State and who has been 
deemed eligible by that court for long-term foster care 
due to abuse, neglect, or abandonment;’’ and inserting 
‘‘State, or an individual or entity appointed by a State 
or juvenile court located in the United States, and whose 
reunification with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or a 
similar basis found under State law;’’; and 
(B) in clause (iii)— 
(i) in the matter preceding subclause (I), by 
striking ‘‘the Attorney General expressly consents to 
the dependency order serving as a precondition to the 
grant of special immigrant juvenile status;’’ and 
inserting ‘‘the Secretary of Homeland Security consents 
to the grant of special immigrant juvenile status,’’; 
and 
(ii) in subclause (I), by striking ‘‘in the actual 
or constructive custody of the Attorney General unless 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00889
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5080 
PUBLIC LAW 110–457—DEC. 23, 2008 
the Attorney General specifically consents to such juris-
diction;’’ 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 jurisdiction;’’. 
(2) EXPEDITIOUS ADJUDICATION.—All applications 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 adju-
dicated by the Secretary of Homeland Security not later than 
180 days after the date on which the application 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 Nationality 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 dependency 
order was granted for such child or who was receiving 
services pursuant to section 501(a) of the Refugee Edu-
cation 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— 
(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 
expenditures 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 guardian 
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 provi-
sion of law, an alien described in section 101(a)(27)(J) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as 
amended by paragraph (1), may not be denied special 
immigrant status under such section after the date of the 
enactment 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.—Section 208 of the 
Immigration and Nationality Act (8 U.S.C. 1158) is amended— 
Deadline. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00890
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5081 
PUBLIC LAW 110–457—DEC. 23, 2008 
(A) in subsection (a)(2), by adding at the end the fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(C) INITIAL
JURISDICTION.—An asylum officer (as 
defined in section 235(b)(1)(E)) shall have initial jurisdic-
tion over any asylum application filed by an unaccompanied 
alien child (as defined in section 462(g) of the Homeland 
Security Act of 2002 (6 U.S.C. 279(g))), regardless of 
whether filed in accordance with this section or section 
235(b).’’. 
(8) SPECIALIZED
NEEDS
OF
UNACCOMPANIED
ALIEN
CHIL-
DREN.—Applications for asylum and other forms of relief from 
removal in which an unaccompanied alien child is the principal 
applicant shall be governed by regulations which take into 
account the specialized needs of unaccompanied alien children 
and which address both procedural and substantive aspects 
of handling unaccompanied alien children’s cases. 
(e) TRAINING.—The Secretary of State, the Secretary of Home-
land Security, the Secretary of Health and Human Services, and 
the Attorney General shall provide specialized training to all Fed-
eral personnel, and upon request, state and local personnel, who 
have substantive contact with unaccompanied alien children. Such 
personnel shall be trained to work with unaccompanied alien chil-
dren, including identifying children who are victims of severe forms 
of trafficking in persons, and children for whom asylum or special 
immigrant relief may be appropriate, including children described 
in subsection (a)(2). 
(f) AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.— 
(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 ‘‘paragraph (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 pur-
poses of this section, the term ‘‘unaccompanied 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 
(2) shall also apply to all aliens in the United States 
in pending proceedings before the Department of Homeland 
Applicability. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00891
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5082 
PUBLIC LAW 110–457—DEC. 23, 2008 
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 individual 
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 action under 
subsection (b); and 
(2) the Secretary of Homeland Security for appropriate 
action under the Immigration and Nationality 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 an individual who is con-
victed 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 Secretary of State 
shall revoke a passport or passport card previously issued 
to an individual described in subparagraph (A). 
(2) EXCEPTIONS.— 
(A) EMERGENCY AND HUMANITARIAN SITUATIONS.—Not-
withstanding paragraph (1), the Secretary of State may 
issue a passport or passport card, in emergency cir-
cumstances or for humanitarian reasons, to an individual 
described in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED STATES.—Not-
withstanding 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. 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘covered period’’ means the period begin-
ning on the date on which an individual 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 individual 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. 
Notification. 
22 USC 212a. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00892
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5083 
PUBLIC LAW 110–457—DEC. 23, 2008 
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 subcategories for State 
sex crimes that involve— 
(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 Incident-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 distin-
guish between reports of— 
(1) incidents of assisting or promoting prostitution, which 
shall include crimes committed by persons 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 purchase or attempt to pur-
chase or trade anything of value for commercial sex acts; and 
(3) incidents of prostitution, which shall include crimes 
committed by persons providing or attempting to provide 
commercial sex acts. 
(c) REPORTS AND STUDIES.— 
(1) REPORTS.—Not later than February 1, 2010, the 
Attorney General shall submit 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 reports on the 
following: 
(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, including 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 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 mul-
tiple victims. 
(C) Activities or actions, in fiscal years 2001 through 
2010, to enforce the offenses set forth in chapters 95 and 
Revision. 
28 USC 534 note. 
28 USC 534 note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00893
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5084 
PUBLIC LAW 110–457—DEC. 23, 2008 
96 of title 18, United States Code, in cases involving human 
trafficking, 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 regarding the 
number of prosecutions, the number of convictions, and 
an identification of multiple-defendant cases and the 
results thereof. 
(2) STUDIES.—Subject to availability of appropriations, the 
head of the National Institute of Justice shall conduct— 
(A) a comprehensive study to examine the use of Inter-
net-based businesses and services by criminal actors in 
the sex industry, and to disseminate best practices for 
investigation and prosecution of trafficking and prostitution 
offenses 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 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 on the status of the studies 
required by paragraph (B)(i) and (ii) of section 201(a)(1) of 
the Trafficking Victims Protection Reauthorization Act 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 Representatives 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 expended to sup-
port 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 confidentiality issues. 
(3) Measures taken to ensure the retention of specially- 
trained staff within the Violence Against Women Act Unit. 
(4) Measures taken to ensure the creation and retention 
of a core of supervisory staff within the Violence Against 
Women Act Unit and the Vermont Service Center with responsi-
bility over resource allocation, policy, program development, 
Deadline. 
Reports. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00894
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5085 
PUBLIC LAW 110–457—DEC. 23, 2008 
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 Department of Homeland Security and its predecessor 
agencies in such cases. 
(5) Measures taken to ensure routine consultation between 
the Violence Against Women Act Unit, U.S. Citizenship and 
Immigration Services Headquarters, and the Office of Policy 
and Strategy during the development of any Department of 
Homeland Security regulations or policies that impact Violence 
Against Women Act of 1994 confidentiality-protected victims 
and their derivative family members. 
(6) Information on any circumstances in which victim-based 
immigration applications have been adjudicated by entities 
other than the Violence Against Women Act Unit at the 
Vermont Service Center, including 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 provisions 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 applications, 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 Secretary 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 proc-
essing machine-readable nonimmigrant visas and machine-readable 
combined border crossing identification cards and nonimmigrant 
visas. 
(b) DEPOSIT OF AMOUNTS.—Notwithstanding section 140(a)(2) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103–236; 8 U.S.C. 1351 note), the additional 
amount collected pursuant the fee increase under subsection (a) 
shall be deposited in the Treasury. 
(c) DURATION OF INCREASE.—The fee increase authorized 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 
22 USC 7110. 
Termination 
date. 
Deadline. 
8 USC 1351 note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00895
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5086 
PUBLIC LAW 110–457—DEC. 23, 2008 
(ii) by striking ‘‘$1,500,000’’ and all that follows 
through ‘‘$5,500,000 for each of the fiscal years 2006 
and 2007’’ and inserting ‘‘$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 representa-
tion expenses $3,000’’ and inserting ‘‘$1,500,000 for 
additional personnel for each of the fiscal years 2008 
through 2011, and $3,000 for official reception 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 inserting ‘‘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 Secretary 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— 
(i) by striking ‘‘section 104’’ and inserting ‘‘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 preparation’’ 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 inserting ‘‘section 
134 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2152d)’’; and 
(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.’’; 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00896
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5087 
PUBLIC LAW 110–457—DEC. 23, 2008 
(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 REAUTHORIZATION 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 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 inserting ‘‘$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 inserting ‘‘$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 appropriated pursuant 
to the authorizations of appropriations under the Trafficking Vic-
tims Protection Act of 2000 (division 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. 
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 inserting ‘‘Committee on Foreign Affairs’’. 
(b) TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT 
OF 2005.—Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) 
of section 104 of the Trafficking 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 Prevention Act 
of 2008’’. 
22 USC 2151 
note. 
Child Soldiers 
Prevention Act 
of 2008. 
22 USC 7109a, 
7111. 
22 USC 7110 
note. 
42 USC 14044c. 
42 USC 14044b. 
42 USC 14044a. 
42 USC 14044. 
22 USC 7105 
note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00897
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5088 
PUBLIC LAW 110–457—DEC. 23, 2008 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Relations of the Senate; 
(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 provisions 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 hostilities 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) who is serving in any capacity, 
including in a support role such as a cook, porter, mes-
senger, medic, guard, or sex slave. 
SEC. 403. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States Government should condemn the 
conscription, forced recruitment, or use of children by govern-
ments, paramilitaries, or other organizations; 
(2) the United States Government should support and, 
to the extent practicable, lead efforts to establish and uphold 
international standards designed to end the abuse of human 
rights described in paragraph (1); 
(3) the United States Government should expand ongoing 
services to rehabilitate recovered child soldiers and to re-
integrate such children back into their respective communities 
by— 
(A) offering ongoing psychological services to help such 
children— 
(i) to recover from the trauma suffered during 
their forced military involvement; 
(ii) to relearn how to interact with others in non-
violent ways so that such children are no longer a 
danger to their respective communities; and 
(iii) by taking into consideration the needs of girl 
soldiers, who may be at risk of exclusion from disar-
mament, demobilization, and reintegration programs; 
(B) facilitating reconciliation with such communities 
through negotiations with traditional leaders and elders 
22 USC 2370c. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00898
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5089 
PUBLIC LAW 110–457—DEC. 23, 2008 
to enable recovered abductees to resume normal lives in 
such communities; and 
(C) providing educational and vocational assistance; 
(4) the United States should work with the international 
community, including, as appropriate, third country govern-
ments, nongovernmental organizations, faith-based organiza-
tions, United Nations agencies, local governments, labor unions, 
and private enterprises— 
(A) to bring to justice rebel and paramilitary forces 
that kidnap children for use as child soldiers; 
(B) to recover those children who have been abducted; 
and 
(C) to assist such children to be rehabilitated and 
reintegrated into their respective communities; 
(5) the Secretary of State, the Secretary of Labor, and 
the Secretary of Defense should coordinate programs to achieve 
the goals described in paragraph (3); 
(6) United States diplomatic missions in countries in which 
the use of child soldiers is an issue, whether or not such 
use is supported or sanctioned by the governments of such 
countries, should include in their mission program plans a 
strategy to achieve the goals described in paragraph (3); 
(7) United States diplomatic missions in countries in which 
governments use or tolerate child soldiers should develop strate-
gies, as part of annual program planning— 
(A) to promote efforts to end such abuse of human 
rights; and 
(B) to identify and integrate global best practices, as 
available, into such strategies to avoid duplication of effort; 
and 
(8) in allocating or recommending the allocation of funds 
or recommending candidates for programs and grants funded 
by the United States Government, United States diplomatic 
missions should give serious consideration to those programs 
and candidates that are expected to promote the end to the 
abuse of human rights described in this section. 
SEC. 404. PROHIBITION. 
(a) IN GENERAL.—Subject to subsections (b), (c), and (d), the 
authorities contained in section 516 or 541 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms 
Export Control Act (22 U.S.C. 2763) may not be used to provide 
assistance to, and no licenses for direct commercial sales of military 
equipment may be issued to, the government of a country that 
is clearly identified, pursuant to subsection (b), for the most recent 
year preceding the fiscal year in which the authorities or license 
would have been used or issued in the absence of a violation 
of this title, as having governmental armed forces or government- 
supported armed groups, including paramilitaries, militias, or civil 
defense forces, that recruit and use child soldiers. 
(b) IDENTIFICATION AND NOTIFICATION TO COUNTRIES IN VIOLA-
TION OF STANDARDS.— 
(1) PUBLICATION OF LIST OF FOREIGN GOVERNMENTS.—The 
Secretary of State shall include a list of the foreign governments 
that have violated the standards under this title and are subject 
to the prohibition in subsection (a) in the report required under 
22 USC 2370c–1. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00899
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5090 
PUBLIC LAW 110–457—DEC. 23, 2008 
section 110(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)). 
(2) NOTIFICATION OF FOREIGN COUNTRIES.—The Secretary 
of State shall formally notify any government identified pursu-
ant to subsection (a). 
(c) NATIONAL INTEREST WAIVER.— 
(1) WAIVER.—The President may waive the application to 
a country of the prohibition in subsection (a) if the President 
determines that such waiver is in the national interest of 
the United States. 
(2) PUBLICATION
AND
NOTIFICATION.—Not later than 45 
days after each waiver is granted under paragraph (1), the 
President shall notify the appropriate congressional committees 
of the waiver and the justification for granting such waiver. 
(d) REINSTATEMENT OF ASSISTANCE.—The President may pro-
vide to a country assistance otherwise prohibited under subsection 
(a) upon certifying to the appropriate congressional committees 
that the government of such country— 
(1) has implemented measures that include an action plan 
and actual steps to come into compliance with the standards 
outlined in section 404(b); and 
(2) has implemented policies and mechanisms to prohibit 
and prevent future government or government-supported use 
of child soldiers and to ensure that no children are recruited, 
conscripted, or otherwise compelled to serve as child soldiers. 
(e) 
EXCEPTION
FOR
PROGRAMS
DIRECTLY
RELATED
TO 
ADDRESSING
THE
PROBLEM
OF
CHILD
SOLDIERS
OR 
PROFESSIONALIZATION OF THE MILITARY.— 
(1) IN GENERAL.—The President may provide assistance 
to a country for international military education, training, and 
nonlethal supplies (as defined in section 2557(d)(1)(B) of title 
10, United States Code) otherwise prohibited under subsection 
(a) upon certifying to the appropriate congressional committees 
that— 
(A) the government of such country is taking reason-
able steps to implement effective measures to demobilize 
child soldiers in its forces or in government-supported 
paramilitaries and is taking reasonable steps within the 
context of its national resources to provide demobilization, 
rehabilitation, and reintegration assistance to those former 
child soldiers; and 
(B) the assistance provided by the United States 
Government to the government of such country will go 
to programs that will directly support professionalization 
of the military. 
(2) LIMITATION.—The exception under paragraph (1) may 
not remain in effect for a country for more than 5 years. 
SEC. 405. REPORTS. 
(a) INVESTIGATION
OF ALLEGATIONS REGARDING CHILD SOL-
DIERS.—United States missions abroad shall thoroughly investigate 
reports of the use of child soldiers. 
(b) INFORMATION FOR ANNUAL HUMAN RIGHTS REPORTS.—In 
preparing those portions of the annual Human Rights Report that 
relate to child soldiers under sections 116 and 502B of the Foreign 
22 USC 2370c–2. 
Deadline. 
President. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00900
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5091 
PUBLIC LAW 110–457—DEC. 23, 2008 
LEGISLATIVE HISTORY—H.R. 7311: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Dec. 10, considered and passed House and Senate. 
Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Sec-
retary of State shall ensure that such reports include a description 
of the use of child soldiers in each foreign country, including— 
(1) trends toward improvement in such country of the 
status of child soldiers or the continued or increased tolerance 
of such practices; and 
(2) the role of the government of such country in engaging 
in or tolerating the use of child soldiers. 
(c) ANNUAL REPORT TO CONGRESS.—If, during any of the 5 
years following the date of the enactment of this Act, a country 
is notified pursuant to section 404(b)(2), or a wavier is granted 
pursuant to section 404(c)(1), the President shall submit a report 
to the appropriate congressional committees not later than June 
15 of the following year. The report shall include— 
(1) a list of the countries receiving notification that they 
are in violation of the standards under this title; 
(2) a list of any waivers or exceptions exercised under 
this title; 
(3) justification for any such waivers and exceptions; and 
(4) a description of any assistance provided under this 
title pursuant to the issuance of such waiver. 
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS. 
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 
4028) is amended by adding at the end the following: 
‘‘(c) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided 
for chiefs of mission, deputy chiefs of mission, and other officers 
of the Service who are or will be involved in the assessment of 
child soldier use or the drafting of the annual Human Rights 
Report instruction on matters related to child soldiers, and the 
substance of the Child Soldiers Prevention Act of 2008.’’. 
SEC. 407. EFFECTIVE DATE; APPLICABILITY. 
This title, and the amendments made by this title, shall take 
effect 180 days after the date of the enactment of this Act. 
Approved December 23, 2008. 
22 USC 2370c 
note. 
President. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00901
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW