William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 - Title I: Combatting International Trafficking in Persons - (Sec. 101) Amends the Trafficking Victims Protection Act of 2000 (TVPA) to include the Secretary of Education on the Interagency Task Force to Monitor and Combat Trafficking.
(Sec. 102) Directs the Secretary of State to establish within the Department of State an Office to Monitor and Combat Trafficking. (Current law authorizes such Office's establishment.)
Revises responsibilities of the Director of the Office.
Expresses the sense of Congress that the Secretary should locate the Office at the Department of State (Department) headquarters in Washington, DC.
(Sec. 103) Directs the President to carry out programs to prevent and deter trafficking in persons, including related assistance to foreign governments.
Amends the Foreign Assistance Act of 1961 to provide anti-trafficking assistance to foreign countries for investigations of individuals and entities involved in sexual exploitation.
(Sec. 105) Requires, both in the United States and abroad, that solicitations of grants, cooperative agreements, and contracts for anti-trafficking programs be made publicly available and that the award of grants, cooperative agreements, and contracts be made on a full and open competitive basis. Directs the President to: (1) establish related performance goals and indicators; and (2) ensure that U.S. development and emergency programs are carried out consistent with policies and programs to combat trafficking.
Requires the Director to provide U.S. assistance consistent with annual reporting priorities and country assessments.
Obligates specified FY2008-FY2011 funds for activities under this section.
(Sec. 106) Repeals the limitation that only countries with a significant number of trafficking victims be monitored.
Revises the criteria for determining whether a country is making significant efforts to combat trafficking, including the addition of criteria respecting: (1) law enforcement and immigration training in the identification and treatment of trafficking victims; and (2) efforts to reduce commercial sex acts and sex tourism.
(Sec. 107) Deems a country that has been on the special watch list for two consecutive years to be not making significant efforts to combat trafficking unless the Secretary of State determines that the country: (1) has a written plan that would constitute making such efforts; and (2) is devoting sufficient resources to the plan's implementation.
Requires translation of the Department's annual trafficking report into the principal languages of as many countries as possible and publication on appropriate websites.
(Sec. 108) Requires the establishment of an integrated database relating to trafficking trends.
(Sec. 109) Authorizes: (1) the President to establish the Presidential Award for Extraordinary Efforts to Combat Trafficking in Persons; and (2) FY2008-FY2011 appropriations.
(Sec. 110) Sets forth consular officer responsibilities respecting anti-trafficking and related information to be given at nonimmigrant alien visa interviews.
Sets forth special provisions relating to (A-3 visa) nonimmigrant employees of foreign government officials or (G-5 visa) nonimmigrant employees of foreign employees of, or representatives to, international organizations respecting: (1) consular interviews; (2) feasibility of employer oversight; and (3) law enforcement assistance.
Prohibits A-3 or G-5 visa issuance if the individual who would hire such alien is from a diplomatic mission or international institution where trafficking or other abuse has previously occurred or an individual has departed the United States because of such abuse unless a mechanism is in place to prevent future abuse. Requires the Secretary of State to report annually to the appropriate congressional committees on diplomatic missions and international institutions affected, exceptions made, and waivers of diplomatic immunity requested.
(Sec. 111) Directs the Secretary of Labor to report on Department of Labor progress in monitoring and combatting forced labor and child labor.
(Sec. 112) Expresses the sense of Congress that the Secretary of State 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 and worker exploitation.
Title II: Combatting Trafficking in Persons in the United States - Subtitle A: Ensuring Availability of Possible Witnesses and Informants - (Sec. 201) Amends the Immigration and Nationality Act (INA) with respect to nonimmigrant T-visas (victims of severe form of trafficking in persons) to authorize aliens to apply for such visas who are: (1) brought into the country for investigations or as witnesses; (2) unable to participate in a law enforcement interview because of physical or psychological trauma; or (3) parents or siblings who face retaliation as a result of their family member's escape from trafficking or cooperation with law enforcement.
Authorizes the Secretary of Homeland Security to: (1) extend the period of T-visa and U-visa (victims of certain crimes) status; (2) consider when determining extreme hardship whether the country to which the alien is likely to be removed can address security concerns and the alien's mental and physical health needs; and (3) waive the disqualification for lack of good moral character for T-visa holders applying for adjustment to permanent resident status if the disqualification is caused by or incident to the trafficking.
(Sec. 202) Directs the Secretary of Homeland Security to create and make available (including in translation) an information pamphlet on legal rights and resources for aliens applying for employment- or education-based nonimmigrant visas, which shall include information respecting: (1) nonimmigrant visa application processes; (2) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States; (3) legal rights and services for trafficking victims and worker exploitation in the United States; and (4) foreign labor contracting requirements.
Sets forth protections for workers recruited abroad by foreign labor contractors. Requires the Secretary of Labor to establish a complaint investigation process. Authorizes the Secretary to impose fines and take civil action against a contractor in violation of such protections.
(Sec. 203) Authorizes the Secretary of Homeland Security to grant a stay of removal or deportation to a T-visa applicant whose application sets forth a prima facia case of approval until the application is adjudicated.
(Sec. 204) Amends TVPA to authorize: (1) the Secretary of Homeland Security, upon application from a federal law enforcement official, to permit an alien trafficking victim's continued presence in the United States in order to effectuate investigation and prosecution of the traffickers; and (2) law enforcement officials to request the parole entry of specified relatives of such an alien. Directs the Secretary to permit such alien's continued presence if the alien has filed a civil action against the traffickers.
Amends INA to provide for the parole entry of specified relatives of trafficking victims. Sets forth parole entry duration.
(Sec. 205) Directs the Secretary of Homeland Security to issue interim regulations for T-visa adjustment to permanent resident status.
Subtitle B: Assistance for Trafficking Victims - (Sec. 211) Amends TVPA to revise trafficking victims certification provisions.
(Sec. 212) Amends the the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an alien who has had approved, or has pending, a petition that sets forth a prima facie case for T-visa status eligible for public benefits.
(Sec. 213) Amends TVPA to direct: (1) the Secretary of Health and Human Services, upon credible information that a child has been a trafficking victim, to provide interim assistance to the child for up to 90 days (with a 30-day extension); (2) federal and state and local officials to notify the Secretary within 48 hours and 72 hours, respectively, of learning of such a child; and (3) the Secretary and the Attorney General to provide appropriate training for state and local officials.
(Sec. 214) Authorizes the Secretary of Health and Human Services and the Attorney General to: (1) establish an assistance program for U.S. citizens and lawful permanent residents who are victims of severe forms of trafficking; and (2) make grants to states, Indian tribes, local government, and nonprofit victims' service organizations to develop and expand victim service programs.
Authorizes FY2008-FY2011 appropriations.
Amends the Victims of Crime Act of 1984 to state that the terms "victim," "crime victim," and "victim of crime" include an individual who is exploited or otherwise victimized by any person who is in violation of: (1) federal criminal code provisions respecting transportation for illegal sexual activity and related crimes; (2) INA provisions respecting importation of aliens for immoral purposes; or (3) any similar state offense regardless of whether such offense involves participation in a commercial sex act.
Requires that: (1) applications for certain grants to states, Indian tribes, local government, and nonprofit victims' service organizations for assistance programs for victims of severe forms of trafficking or sex trafficking include a statement of whether the services will be available to both U.S. citizens and foreign victims, or if not, what mechanisms will be undertaken to ensure that all victims are assisted; and (2) the Attorney General and the Secretary of Health and Human Services report to the appropriate congressional committees identifying any service gap between foreign and U.S. citizen victims of severe forms of trafficking and victims of sex trafficking.
Subtitle C: Penalties Against Traffickers and Other Related Offenses - (Sec. 221) Amends the federal criminal code to establish and provide penalties for the crime of aggravated sex trafficking. (Repeals the existing provision respecting sex trafficking of children, or by force, fraud, or coercion.)
Subjects to fine and/or imprisonment any person who knowingly, with intent to obtain or maintain the labor or services of a person or to obtain or maintain a person for use in a commercial sex act: (1) prevents or restricts such person's travel or movement by destroying or preventing access to immigration or identification documents; (2) acts or fails to act under color of official right; (3) blackmails another person; or (4) causes or exploits financial harm or a fear of financial harm on the part of such person.
Revises restitution of forfeited asset provisions.
Requires that a civil action against the perpetrator or knowing beneficiary of an act of peonage, slavery, or trafficking into servitude begin within 10 years after the cause of action arises.
Makes it a crime to prevent the disclosure of information or the cooperation of a witness or other person concerning compliance with employment-based visa or other federal labor or employment law requirements.
Establishes and provides penalties for the crimes of: (1) sex trafficking (in or affecting interstate or foreign commerce); and (2) sex tourism. Increases sex tourism penalties if the commercial sex act is with a person under 18 years old.
(Sec. 222) Provides U.S. courts with additional extraterritorial jurisdiction in certain trafficking, slavery, and peonage offenses if: (1) the alleged offender or victim is a U.S. national or lawful permanent resident; or (2) the alleged offender, irrespective of nationality, is present in the United States.
Prohibits such an action if the offense has been prosecuted or is being prosecuted in another country unless the Attorney General approves.
(Sec. 223) Amends INA with respect to aliens in prostitution, including permitting testimony of a husband or wife as evidence against the other.
Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to apply international marriage broker provisions within the special maritime and territorial jurisdiction of the United States as well as to interstate or foreign commerce.
(Sec. 224) Directs the Attorney General to: (1) draft and post on the Department of Justice (DOJ) website a model statute setting forth best legislative practices in the area of state anti-trafficking in persons enforcement; (2) assist states in its adoption and application; and (3) report annually to the appropriate congressional committees.
Subtitle D: Annual Report by the Attorney General - (Sec. 231) Amends TVPA to require that the Attorney General's annual report include information on: (1) Department of Defense (DOD) activities to combat trafficking in persons; (2) federal actions taken to enforce policies against contractors who engage in trafficking or related activities; and (3) federal actions to prohibit procurement and entry of convict- and slave-made items.
(Sec. 232) Requires that annual anti-trafficking conferences examine the use of existing federal and state laws that do not require force, fraud or coercion as an element of a felony crime to prosecute traffickers.
(Sec. 234) Redesignates the Child Exploitation and Obscenity Section of the DOJ Criminal Division as the Sexual Exploitation and Obscenity Section.
Directs the Attorney General to expand the responsibilities of the Innocence Lost Task Forces to incorporate situations involving adults who are sexually exploited.
Directs the Secretary of Labor to establish within the Department of Labor a Coordinator to Combat Human Trafficking who shall: (1) ensure coordination of policies relating to trafficking victims in the United States and abroad; (2) ensure coordination with state labor agencies relating to trafficking in persons; (3) represent DOJ at interagency mechanisms relating to trafficking in persons; and (4) serve, in conjunction with the DOJ Coordinator to Combat Human Trafficking, as the executive secretariat of the Trafficking in Persons and Worker Exploitation Task Force. Authorizes appropriations.
(Sec. 235) Amends INA to add the Secretary of State and the Secretary of Homeland Security to the list of those may prohibit the entry of traffickers into the United States.
(Sec. 236) Directs the Secretary of State to develop: (1) policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence; and (2) a safe repatriation pilot program for alien children.
Sets forth procedures for the repatriation of unaccompanied children from contiguous countries.
Directs the Secretary of State to negotiate child repatriation agreements between the United States and countries contiguous to the United States designed to protect children from severe forms of trafficking in persons.
States, with specified exceptions, that the care and custody of unaccompanied alien children in the United States shall be the responsibility of the Secretary of Health and Human Services. Sets forth related provisions respecting: (1) notification of, and transfer to, the Department of Health and Human Services (HHS); (2) age determinations; (3) safe placement; (4) legal and child advocate access; (5) immigration status adjustment and asylum protections; and (6) assistance eligibility.
Title III: Authorization of Appropriations - (Sec. 301) Amends TVPA to authorize appropriations through FY2011 for: (1) the Interagency Task Force to Monitor and Combat Trafficking; (2) the Senior Policy Operating Group; (3) actions against governments that do not meet minimum standards against trafficking; (4) the Office to Monitor and Combat Trafficking, including amounts for additional personnel; (5) the Secretary of Health and Human Services and the Attorney General for assistance to trafficking victims in the United States; (6) the Secretary of State for bilateral assistance to combat trafficking; (7) training for law enforcement, prosecutors, and the judiciary; (8) the President for foreign victim assistance, assistance to foreign countries, and research; (9) the Secretary of Labor; (10) the Federal Bureau of Investigation (FBI); and (11) the Secretary of Homeland Security.
(Sec. 302) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to authorize appropriations through FY2011 for: (1) the pilot program for residential rehabilitative facilities for trafficking victims; (2) the Secretary of Labor for additional activities to monitor and combat forced labor and child labor; (3) research, reports and an annual conference on trafficking; (4) a grant program to strengthen assistance for certain trafficking victims; (5) the pilot program for U.S. residential treatment facilities for juvenile trafficking victims; and (6) grants for state and local anti-trafficking programs.
Title IV: Prevention of the Use of Child Soldiers - Child Soldier Prevention Act of 2007 - (Sec. 404) Sets forth the sense of Congress respecting the prevention and elimination of the use of child soldiers.
(Sec. 405) Prohibits, with a national interest waiver, funds for specified military and related areas from being made available to the government of a country identified by the Secretary of State as having governmental armed forces or government supported armed groups that recruit or use child soldiers.
Directs the Secretary to include a list of such countries in the annual trafficking report.
Authorizes the President to reinstate such assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future use of child soldiers.
Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for measures to demobilize child soldiers and for programs to professionalize the military.
Authorizes the President to use such otherwise prohibited assistance to: (1) carry out demining activities, clearance of unexploded ordnance, destruction of small arms, or related activities; and (2) further anti-terrorism cooperation between the United States and a foreign government.
(Sec. 406) Directs the Secretary of State to: (1) ensure that U.S. missions abroad investigate reports on child soldiers; (2) include in the annual country reports on human rights practices a description of the use of child soldiers; and (3) report on child soldiers in Burma.
Directs the President to: (1) notify the appropriate congressional committees annually on waivers made under section 405 of this Act and a description of the assistance under such section; and (2) submit a strategy for achieving the goals under this title.
(Sec. 407) Amends the Foreign Service Act of 1980 to require Foreign Service instruction relating to child soldiers and the terms of the Child Soldier Prevention Act of 2007.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3887 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3887
To authorize appropriations for fiscal years 2008 through 2011 for the
Trafficking Victims Protection Act of 2000, to enhance measures to
combat forced labor, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 18, 2007
Mr. Lantos (for himself, Mr. Smith of New Jersey, Mr. Conyers, Mr.
Wolf, Mr. George Miller of California, Ms. Ros-Lehtinen, Ms. Zoe
Lofgren of California, Mr. Pitts, Mrs. Maloney of New York, Mrs. Drake,
Mr. Nadler, and Mr. Hastings of Florida) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on the Judiciary and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2008 through 2011 for the
Trafficking Victims Protection Act of 2000, to enhance measures to
combat forced labor, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--COMBATTING 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. Responsibilities of consular officers of the Department of
State.
Sec. 111. Report on activities of the Department of Labor to monitor
and combat forced labor and child labor.
Sec. 112. Sense of Congress regarding multilateral framework between
labor exporting and labor importing
countries.
TITLE II--COMBATTING 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. Information for work-based nonimmigrants on legal rights and
resources.
Sec. 203. Clarification of roles of Secretary of Homeland Security and
Attorney General.
Sec. 204. Relief for certain victims pending actions on petitions and
applications for relief.
Sec. 205. Parole for derivatives of trafficking victims.
Sec. 206. Implementation of Trafficking Victims Protection
Reauthorization Act of 2005.
Subtitle B--Assistance for Trafficking Victims
Sec. 211. Victim of trafficking certification process.
Sec. 212. Assistance for certain visa applicants.
Sec. 213. Interim assistance for child victims of trafficking.
Sec. 214. Ensuring assistance for all victims of trafficking in
persons.
Subtitle C--Penalties Against Traffickers and Other Crimes
Sec. 221. Enhancing trafficking and other related offenses.
Sec. 222. Jurisdiction in certain trafficking offenses.
Sec. 223. Amendment of other crimes related to trafficking.
Sec. 224. Model statutes provided to States.
Subtitle D--Activities of the United States Government
Sec. 231. Annual report by the Attorney General.
Sec. 232. Annual anti-trafficking conference.
Sec. 233. Senior Policy Operating Group.
Sec. 234. Coordinators to Combat Human Trafficking.
Sec. 235. Preventing United States travel by traffickers.
Sec. 236. Enhancing efforts to combat the trafficking of children.
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--PREVENTION OF THE USE OF CHILD SOLDIERS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Findings.
Sec. 404. Sense of Congress.
Sec. 405. Prohibition on provision of military assistance to foreign
governments that recruit or use child
soldiers.
Sec. 406. Reports.
Sec. 407. Training for Foreign Service officers.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of
Education,'' after ``the Secretary of Homeland Security,''.
SEC. 102. OFFICE TO MONITOR AND COMBAT TRAFFICKING.
(a) In General.--Section 105(e) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(e)) is amended to read as
follows:
``(e) Office to Monitor and Combat Trafficking.--
``(1) Establishment.--The Secretary of State shall
establish within the Department of State an Office to Monitor
and Combat Trafficking, which shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate, with the rank of Ambassador-at-
Large.
``(2) Responsibilities.--The Director shall have the
following responsibilities:
``(A) The Director shall have primary
responsibility for assisting the Secretary of State in
carrying out the purposes of this division, shall
provide assistance to the Task Force, and may have
additional responsibilities as determined by the
Secretary of State.
``(B) The Director shall consult with
nongovernmental organizations and multilateral
organizations, and with trafficking victims or other
affected persons. The Director shall have the authority
to take evidence in public hearings or by other means.
``(C) The Director shall, in coordination and
cooperation with the Assistant Secretary for
International Labor Affairs and other officials at the
Department of State involved in corporate
responsibility and other relevant officials of the
United States Government, be responsible for promoting,
building, and sustaining partnerships between the
United States Government and private entities
(including foundations, universities, corporations,
community-based organizations, and other
nongovernmental organizations) to ensure that 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 to
ensure that such entities do not contribute to
trafficking in persons involving sexual exploitation,
such as through work with the airlines and tourism
industries.
``(D) The Director shall be responsible for all
policy, funding, and programming decisions regarding
funds made available for trafficking in persons
programs that are centrally controlled by the
Department of State.
``(3) Coordination.--Any trafficking in persons programs of
the Department of State or the United States Agency for
International Development that are not centrally controlled by
the Department of State shall be carried out with concurrence
of the Director.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should make every effort to
locate the Office to Monitor and Combat Trafficking,
established pursuant to section 105(e) of the Trafficking
Victims Protection Act of 2000 (as amended by subsection (a) of
this section), at the headquarters for the Department of State,
known as the Harry S. Truman Federal Building, located in the
District of Columbia; and
(2) the Office to Monitor and Combat Trafficking should be
assigned office space in such building that reflects the
importance of the implementation of such Act and the mission of
the Office.
SEC. 103. PREVENTION AND PROSECUTION OF TRAFFICKING IN FOREIGN
COUNTRIES.
(a) Prevention.--Section 106 of the Trafficking Victims Protection
Act of 2000 (22 U.S. C. 7104) is amended by adding at the end the
following new subsection:
``(i) Additional Measures To Prevent and Deter Trafficking.--The
President shall establish and carry out programs to prevent and deter
trafficking in persons. Such programs may include--
``(1) technical assistance and other support for the
capacity of foreign governments to investigate, identify, and
carry out inspections of private entities, including labor
recruitment 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 regarding the rights of
such populations in the foreign country and any information
regarding in-country nongovernmental organization-operated
hotlines of the type described in section 107(a)(1)(A) of this
Act, with such information to be provided in the native
languages of the major immigrant groups of such populations;
``(3) technical assistance to provide legal frameworks and
other programs to foreign governments and nongovernmental
organizations to ensure that foreign migrant workers are
provided protection equal to nationals of the foreign country,
that labor recruitment firms are regulated, and that workers
provided domestic services in households are provided
protection under labor rights laws; and
``(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country
to reduce the ability of traffickers to exploit such
populations.''.
(b) Prosecution.--Section 134(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152d(a)(2)) is amended by adding at the end before
the semi-colon the following: ``, including investigation of
individuals and entities that may be involved in trafficking in persons
involving sexual exploitation''.
SEC. 104. ASSISTANCE FOR VICTIMS OF TRAFFICKING IN OTHER COUNTRIES.
Section 107(a) of Trafficking Victims Protection Act of 2000 (22
U.S.C. 7105(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by inserting at the end
before the period the following: ``, and shall be
carried out in a manner which takes into account the
cross-border, regional, and transnational aspects of
trafficking in persons''; and
(B) by adding at the end the following new
subparagraph:
``(F) In cooperation and coordination with the
United Nations High Commissioner for Refugees, the
International Organization of Migration, and other
relevant organizations, support for 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
(2) in paragraph (2), by adding at the end the following
new sentence: ``In carrying out this paragraph, the Secretary
and the Administrator 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 PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) United States assistance programs require enhanced
monitoring and evaluation to ensure that United States funds
are appropriately spent.
(2) Such monitoring and evaluation should measure results--
the actual effects of assistance--as well as outcomes--the
numerical product of assistance, such as individuals assisted,
systems established, and funds provided through programs.
(3) While the results of programs related to trafficking in
person may be difficult to measure because of the criminal and
underground nature of trafficking in persons, making efforts to
measure such results are critical to learning the extent to
which United States assistance programs evolve.
(b) Amendment.--The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.) is amended by inserting after section 107 the
following new section:
``SEC. 107A. INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
``(a) Awarding of Grants, Cooperative Agreements, and Contracts.--
The head of each department and agency of the United States Government
that administers funds made available for programs described in this
division and the amendments made by this division in the United States
and foreign countries shall--
``(1) make solicitations of grants, cooperative agreements,
and contracts for such programs publicly available;
``(2) award grants, cooperative agreements, and contracts
on a full and open competitive basis, consistent with existing
law; and
``(3) ensure that internal department or agency review
process for such grants, cooperative agreements, and contracts
is not subject to ad hoc or intermittent review by individuals
or organizations outside the United States Government not
otherwise provided for in the process described in paragraphs
(1) and (2).
``(b) Evaluation of Trafficking Programs.--
``(1) In general.--The President shall establish and
implement a system to monitor and evaluate the effectiveness
and efficiency of assistance provided under anti-trafficking
programs established and carried out under this division and
the amendments made by this division 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 assistance
described in paragraph (1) and express such goals in an
objective and quantifiable form, to the extent
practicable;
``(B) establish performance indicators to be used
in measuring and assessing the achievement of the
performance goals described in subparagraph (A); and
``(C) provide a basis for recommendations for
adjustments to assistance described in paragraph (1) to
enhance the impact of such assistance.
``(c) Targeted Use of Trafficking Programs.--The Director of the
Office to Monitor and Combat Trafficking shall undertake efforts to
provide assistance to foreign countries and nongovernmental
organizations under this division and the amendments made by this
division based on the priorities and country assessments contained in
the most recent report submitted by the Secretary of State to Congress
pursuant to section 110(b) of this Act.
``(d) Authorization of Appropriations.--For each of the fiscal
years 2008 through 2011, up to 2 percent of the amounts made available
to carry out this division and the amendments made by this division may
be used to carry out this section.''.
SEC. 106. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--Section 108 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106) is amended--
(1) in the matter preceding paragraph (1) of subsection
(a), by striking ``a significant number of''; and
(2) by adding at the end the following new subsection:
``(c) Rule of Construction.--For purposes of subsection (a), the
minimum standards for the elimination of trafficking shall not apply to
the government of a country if the Secretary of State determines by
credible evidence that there is not a significant number of victims
that leave, enter, or transit the country, and the Secretary describes
the basis for such determination and an analysis of any steps that the
country has taken to reduce trafficking in persons to such a level, if
any, in the most recent report submitted by the Secretary to Congress
pursuant to section 110(b) of this Act.''.
(b) Criteria.--Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting at the end
before the period the following: ``, including in all
appropriate cases requiring incarceration of
individuals convicted of such acts''; and
(B) by inserting after the first sentence the
following new sentence: ``For purposes of the preceding
sentence, suspended or significantly-reduced sentences
for convictions of acts of severe forms of trafficking
in persons shall not be considered to be an indicator
of serious and sustained efforts to eliminate severe
forms of trafficking in persons.'';
(2) in paragraph (2), by inserting at the end before the
period the following: ``, including by providing training to
law enforcement and immigration officials in the identification
and treatment of trafficking victims using approaches that
focus on the needs of the victims'';
(3) 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
(4) by adding at the end the following new paragraph:
``(11) Whether the government has made serious and
sustained efforts to reduce the demand for commercial sex acts
and for participation in international sex tourism by nationals
of the country.''.
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Countries on Special Watch List Relating to Trafficking in
Persons for Two Consecutive Years.--Subsection (b)(3) of section 110 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) is
amended by adding the following at the end the following new
subparagraph:
``(D) Countries on special watch list for two
consecutive years.--If a country is included on the
special watch list described in subparagraph (A) for
two consecutive years, such country shall be included
on the list of countries described in paragraph (1)(C),
unless the Secretary of State provides to the
appropriate congressional committees credible evidence
that (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. Such credible evidence shall be
provided as part of the report required by paragraph
(1) and the interim assessment required by subparagraph
(B).''.
(b) Clarification of Measures Against Certain Foreign Countries.--
Subsection (d)(1)(A)(ii) of such section is amended by striking ``the
United States will not provide'' and inserting ``the United States will
not provide such assistance to the government of the country for the
subsequent fiscal year and will not provide''.
(c) Translation of Trafficking in Persons Report.--
(1) Translation required.--The Secretary of State shall
expand the timely translation of the annual report required
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 those
countries on the lists described in subparagraphs (B) and (C)
of paragraph (1) of such section and shall ensure that such
translations are made available to the public, including
through postings on appropriate Internet websites.
(2) Matters to be included.--The translation required by
paragraph (1) shall include the introduction, other sections of
general interest, and the relevant country narratives of the
annual report. The Secretary of State shall ensure that such
translations are available on the Internet Web site of the
Department of State.
SEC. 108. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
(a) In General.--Subsection (a)(5) of section 112A of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended
by adding at the end the following new sentence: ``Such mechanism shall
include, not later than two years after the date of the enactment of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2007, the establishment of an integrated data base by combining
all applicable data collected by each Federal department and agency
represented on the Interagency Task Force to Monitor and Combat
Trafficking (established under section 105 of this Act) and, to the
maximum extent practicable, applicable data from relevant international
organizations, for the purpose of undertaking a meta-analysis of
patterns of trafficking in persons, slavery, and slave-like
conditions.''.
(b) Role of Government.--Subsection (b) of such section is amended
by inserting after ``subsection (a)(4)'' the following: ``and the
second sentence of subsection (a)(5)''.
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 new
section:
``SEC. 112B. PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
``(a) Establishment of Award.--The President is authorized to
establish an award for extraordinary efforts engaged in outside the
United States to combat trafficking in persons, to be known as the
`Presidential Award for Extraordinary Efforts to Combat Trafficking in
Persons'. To the maximum extent practicable, the Secretary should make
the award annually to up to 5 individuals, including individuals who
are foreign nationals.
``(b) Selection.--The President shall establish procedures for
selecting recipients of the award authorized under subsection (a). The
criteria for selecting recipients of the award shall include whether
the candidate risked his or her physical safety during efforts to
combat trafficking in persons.
``(c) Ceremony.--The President shall host an annual ceremony for
recipients of the award authorized under subsection (a) at the time the
report required by section 110(b) of this Act is submitted by the
Secretary of State to Congress pursuant to such section. The Secretary
of State is authorized to pay the costs associated with travel by each
recipient to the ceremony.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2008 through 2011.''.
SEC. 110. RESPONSIBILITIES OF CONSULAR OFFICERS OF THE DEPARTMENT OF
STATE.
(a) Interviews.--
(1) In general.--In the case of a consular interview of an
alien for an employment- or education-based nonimmigrant visa,
the consular officer conducting the interview shall ensure that
the alien has information relating to the following, both
orally and through the pamphlet required under section 202:
(A) The illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail and
worker exploitation in the United States, and the right
of the alien to retain the alien's passport in the
alien's possession at all times.
(B) The availability of services for victims of
human trafficking and worker exploitation in the United
States, including the contact information for relevant
community organizations that provide services to
trafficking victims (to the extent practicable), the
National Trafficking in Persons and Worker Exploitation
Task Force complaint line, the Operation Rescue and
Restore hotline, and a general description of the types
of victims services available if an individual is
subject to trafficking in persons.
(C) The legal rights of immigrant victims of
trafficking in persons, worker exploitation, and other
related crimes under immigration, labor, and employment
law, including the right to report abuse without
retaliation, the availability of immigration and public
benefits to such victims, and the right to seek redress
in United States courts.
(D) The requirements that section 202(g)(2) places
upon persons engaging in foreign labor contracting
activity.
(2) Review.--Before conducting an interview described in
paragraph (1), the consular officer shall review the summary of
the pamphlet required under section 202.
(3) Definition.--In this subsection, the term ``employment-
or education-based nonimmigrant visa'' has the meaning given
such term in section 202(h).
(b) Special Provisions Relating to Aliens Issued A-3 and G-5
Visas.--
(1) Elements of mandatory interview.--The interview
required under subsection (a) shall be required for the
issuance to an alien of a nonimmigrant visa under subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)). The consular officer
conducting the interview shall ensure that the employment
contract of the alien is in a language that the alien can
understand.
(2) Feasibility of oversight of employees of diplomats and
representatives of other institutions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report on the feasibility of--
(A) establishing a system to monitor the treatment
of aliens who have been admitted to the United States
as nonimmigrants described in subparagraph (A)(iii) or
(G)(v) of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) a range of compensation approaches, such as a
bond program, compensation fund, or insurance scheme,
to ensure that nonimmigrants described in subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the
Immigration and Nationality Act receive appropriate
compensation if their employer violates the terms of
their employment contract and, with respect to each
proposed compensation approach, an evaluation and
proposal of how claims of rights violations will be
adjudicated, compensation determinations will be made,
and the program, fund, or scheme will be administered.
(3) Assistance to law enforcement investigations.--The
Secretary of State shall cooperate, to the fullest extent
possible consistent 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
trafficking in persons, worker exploitation, or other related
violations of United States law with respect to an alien
described in paragraph (1).
(4) Zero tolerance for abuse.--
(A) Limitation.--The Secretary of State shall
direct consular officers not to issue a visa to an
alien who applies for a visa under subparagraph
(A)(iii) or (G)(v) of section 101(a)(15) of the
Immigration and Nationality Act if the person who would
employ such an alien serves at a diplomatic mission or
an international institution described in subparagraph
(B) of this paragraph.
(B) Mission or institution.--A diplomatic mission
or international institution is referred to in
subparagraph (A) if--
(i) the Secretary of State determines that
an alien described in paragraph (1) has been
subjected to trafficking of persons, worker
exploitation, or other related violations of
United States law, by an individual serving at
such a mission or institution during the two
year period before the date of the application
for a visa referred to in subparagraph (A); or
(ii) an individual serving at such a
mission or institution has departed the United
States because there is credible evidence that
such individual trafficked, exploited, or
otherwise abused an alien described in
paragraph (1).
(C) Exception.--The Secretary of State may suspend
the application of the limitation under subparagraph
(A) if the Secretary determines and reports to the
committees specified in paragraph (2) that a mechanism
is in place to ensure that such trafficking,
exploitation, or abuse does not occur again with
respect to any alien employed by such mission or
institution.
(5) Report.--Not later than June 1, 2008, and annually
thereafter, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
describing the diplomatic missions or international
institutions that are subject to the visa restriction referred
to in subparagraph (A) of paragraph (4), any exceptions that
have been made pursuant to subparagraph (C) of such paragraph
(4), and any requests for waivers of diplomatic immunity that
have been made that are related to actions involving
trafficking of persons, worker exploitation, or other related
violations of United States law.
SEC. 111. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR
AND COMBAT FORCED LABOR AND CHILD LABOR.
(a) Interim Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
appropriate congressional committees an interim report on the
implementation of section 105(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112(b)), which shall include a
description of the progress made toward developing the list of goods
described in paragraph (2)(C) of such section.
(b) Final Report; Public Availability of List.--Not later than
September 30, 2008, the Secretary of Labor shall--
(1) submit to the appropriate congressional committees a
final report on the implementation of section 105(b) of the
Trafficking Victims Protection Reauthorization Act of 2005,
which shall include an initial list of goods described in
paragraph (2)(C) of such section; and
(2) make available to the public such list of goods in
accordance with paragraph (2)(C) of such section.
(c) 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. 112. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN
LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.
It is the sense of Congress that the Secretary of State, in
conjunction with the International Labor 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 and worker
exploitation of any kind.
TITLE II--COMBATTING 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 ``jointly;'' and inserting ``jointly,'';
(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;'';
(D) in subclause (III)--
(i) in item (aa), by striking ``or'' at the
end;
(ii) in item (bb), by striking ``, and'' at
the end and inserting ``; and'';
(iii) by redesignating item (bb) as item
(cc); and
(iv) by inserting after item (aa) the
following:
``(bb) in the Secretary's sole and unreviewable
discretion, that the alien is unlikely or unable to
cooperate with such a request due to physical or
psychological trauma; or''; and
(E) in subclause (IV)--
(i) by striking ``involving unusual and
severe harm''; and
(ii) by adding ``and'' at the end;
(2) in clause (ii)(II), by striking ``alien;'' and
inserting ``alien and any parents or siblings of such alien who
establish a present danger of retaliation as a result of the
alien's cooperation with law enforcement;''; and
(3) by striking clause (iii).
(b) Requirements for T Visa Issuance.--Section 214(o) of the
Immigration and Nationality Act (8 U.S.C. 1184(o)) is amended by adding
at the end the following:
``(8)(A) If the Secretary of Homeland Security, in the
Secretary's discretion and with the consultation of the
Attorney General, determines that a trafficking victim, due to
psychological or physical trauma, is unable to cooperate with a
request for assistance described in section
101(a)(15)(T)(i)(III)(aa), the request is unreasonable.
``(B) In determining whether extreme hardship described in
section 101(a)(15)(T)(i)(IV) exists, the Secretary of Homeland
Security, in consultation with investigators, prosecutors, and
relevant individuals responsible for working with victims and
witnesses shall consider whether the country to which the alien
is likely to be removed can adequately address security
concerns and the mental and physical health needs of the alien
and of persons described in section 101(a)(15)(T)(ii).''.
(c) Expansion of Authority To Permit Continued Presence in the
United States.--
(1) In general.--Section 107(c)(3) of the Trafficking
Victims Protection Act (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.--
``(i) In general.--Upon application from
law enforcement officials, the Secretary of
Homeland Security may permit an alien's
continued presence in the United States if--
``(I) after a prima facie
assessment, the Secretary determines
that such alien may be a victim of a
severe form of trafficking; and
``(II) the Secretary is notified by
such law enforcement officials that
such alien may be a potential witness
to such trafficking, in order to
effectuate prosecution of those
responsible.
``(ii) Safety.--Federal law enforcement
officials described in clause (i), in
investigating and prosecuting traffickers,
shall 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 continue to permit the
continued presence of an alien described in
clause (i) if such alien has filed a civil
action under section 1595 of title 18, United
States Code, until such action is concluded.
``(B) Parole for relatives.--Pursuant to section
240A(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1229b(b)(b)), as added by section 205 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007, law enforcement officials
may submit a written request to the Secretary of
Homeland Security to permit the parole into the United
States of certain relatives of an alien described in
subparagraph (A)(i).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall apply to requests for continued presence filed pursuant
to section 107(c)(3) of the Trafficking Victims Protection Act
(22 U.S.C. 7105(c)(3)) before, on, or after such date, except
that this paragraph does not permit the application of section
107(c)(3)(A) of such Act, as added by paragraph (1), to an
alien who is not present in the United States.
(d) Adjustment of Status .--Section 245(l) of the Immigration and
Nationality Act (8 U.S.C. 1255(l)) is amended--
(1) in paragraph (1)(B), by inserting ``subject to
paragraph (6),'' after ``(B)'';
(2) in paragraph (1)(C)(ii), by striking ``involving
unusual and severe harm''; and
(3) by adding at the end the following new paragraph--
``(6) For purposes of paragraph (1)(B), the Secretary of Homeland
Security, in the Secretary's sole and unreviewable discretion, may
waive consideration of a disqualification from good moral character
(described in section 101(f)) with respect to an alien if the
disqualification was caused by, or was incident to, the trafficking
described in section 101(a)(15)(T)(i)(I).''.
SEC. 202. INFORMATION FOR WORK-BASED NONIMMIGRANTS ON LEGAL RIGHTS AND
RESOURCES.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State and the Trafficking in Persons
and Worker Exploitation Task Force, shall develop an information
pamphlet, as described in subsection (b), on legal rights and resources
for aliens applying for employment- or education-based nonimmigrant
visas, and shall distribute and make such pamphlet available as
described in subsection (e). In preparing the information pamphlet, the
Secretary of Homeland Security shall consult with nongovernmental
organizations with expertise on the legal rights of workers and victims
of severe forms of trafficking in persons.
(b) Information Pamphlet.--The information pamphlet developed under
subsection (a) shall include information on employment- or education-
based nonimmigrant visas or on student or cultural exchanges, as
follows:
(1) The nonimmigrant visa application processes, including
information about whether the particular employment- or
education-based nonimmigrant visa program includes portability
of employment or educational institution.
(2) The illegality of slavery, peonage, trafficking in
persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States.
(3) Services for victims of severe forms of trafficking in
persons and worker exploitation in the United States, including
the Trafficking in Persons and Worker Exploitation Task Force
complaint line and the Operation Rescue and Restore hotline.
(4) The legal rights of immigrant victims of worker
exploitation and other crimes in immigration, criminal justice,
family law, and other matters, including the right of access to
immigrant and labor rights groups, the right to seek redress in
United States courts, and the right to report abuse without
retaliation.
(5) The requirements that subsection (g) places upon a
person engaging in foreign labor contracting activity,
including the disclosure of any debts.
(c) Summaries.--The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, shall develop
summaries of the information pamphlet developed under subsection (a)
that shall be used by Federal officials when reviewing the pamphlet in
interviews required by section 110.
(d) Translation.--
(1) In general.--In order to best serve the language groups
having the greatest concentration of employment- or education-
based nonimmigrant visas, the information pamphlet developed
under subsection (a) shall, subject to paragraph (2), be
translated by the Secretary of State into foreign languages,
including Russian, Spanish, Tagalog, Vietnamese, Chinese,
Ukrainian, Thai, Korean, Polish, Japanese, French, Creole,
Arabic, Portuguese, Hindi, and such other languages as the
Secretary of State, in the Secretary's discretion, may specify.
(2) Revision.--Every 2 years, the Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, shall determine at least 14 specific
languages into which the information pamphlet shall be
translated based on the languages spoken by the greatest
concentrations of employment- or education-based nonimmigrant
visas.
(e) Availability and Distribution.--
(1) Posting on federal websites.--The information pamphlet
developed under subsection (a) shall be posted on the websites
of the Department of State and the Department of Homeland
Security, as well as on the websites of all United States
consular posts processing applications for nonimmigrant visas.
(2) Other distribution.--The information pamphlet developed
under subsection (a) shall also be made available to any
foreign labor broker, government agency, or nongovernmental
advocacy organization.
(f) Deadline for Pamphlet Development and Distribution.--The
information pamphlet developed under subsection (a) shall be
distributed and made available (including in the languages specified
under subsection (d)) not later than 120 days after the date of the
enactment of this Act.
(g) Protections for Workers Recruited Abroad.--
(1) Definitions.--In this section--
(A) the term ``foreign labor contractor'' means any
person who for any money or other consideration paid or
promised to be paid, performs any foreign labor
contracting activity;
(B) the term ``foreign labor contracting activity''
means recruiting, soliciting, hiring, employing, or
furnishing, an individual who resides outside of the
United States to be employed in the United States; and
(C) the term ``worker'' means an individual who is
the subject of foreign labor contracting activity.
(2) Disclosure.--Any person who engages in foreign labor
contracting activity shall ascertain and disclose in writing,
in English and in a language understood by the worker being
recruited, to each worker who is recruited for employment, at
the time of the worker's recruitment, the following
information:
(A) The location and period of employment, and any
travel or transportation expenses to be assessed.
(B) The compensation for the employment and any
other employee benefit to be provided and any costs to
be charged for each benefit.
(C) A description of employment requirements and
activities.
(D) The existence of any labor organizing effort,
strike, lockout, or other labor dispute at the place of
employment.
(E) The existence of any arrangement with any
person involving the receipt of a commission or any
other benefit for the provision of items or services to
workers.
(F) The extent to which workers will be compensated
through workers' compensation, private insurance, or
other means for injuries or death.
(G) Any education or training to be provided or
required, including the nature and cost of such
training and the person who will pay such costs, and
whether the training is a condition of employment,
continued employment, or future employment.
(3) Restriction.--No foreign labor contractor or employer
who engages in foreign labor contracting activity shall
knowingly provide materially false or misleading information to
any worker concerning any matter required to be disclosed under
paragraph (2). The disclosure required by this section is a
document concerning the proper administration of a matter
within the jurisdiction of a department or agency of the United
States for the purposes of section 1519 of title 18, United
States Code.
(4) Registration.--
(A) In general.--Before engaging in any foreign
labor contracting activity, any person who is a foreign
labor contractor shall obtain a certificate of
registration from the Secretary of Labor specifying the
activities that such person is authorized to perform.
(B) Issuance.--The Secretary shall promulgate
regulations to establish an efficient electronic
process for the investigation and approval of an
application for a certificate of registration of
foreign labor contractors not later than 14 days after
such application is filed, including--
(i) requirements under paragraphs (1), (4),
and (5) of section 102 of the Migrant and
Seasonal Agricultural Worker Protection Act (29
U.S.C. 1812);
(ii) an expeditious means to update
registrations and renew certificates; and
(iii) any other requirements that the
Secretary may prescribe.
(C) Term of registration.--Unless suspended or
revoked, a certificate under this subparagraph shall be
valid for 2 years.
(D) Refusal to issue; revocation.--In accordance
with regulations promulgated by the Secretary of Labor,
the Secretary shall refuse to issue or renew, or shall
revoke, after notice and an opportunity for a hearing,
a certificate of registration under this subparagraph
if--
(i) the applicant for, or holder of, the
certification has knowingly made a material
misrepresentation in the application for such
certificate;
(ii) the applicant for, or holder of, the
certification is not the real party in interest
in the application or certificate of
registration and the real party in interest--
(I) is a person who has been
refused issuance or renewal of a
certificate;
(II) has had a certificate revoked;
or
(III) does not qualify for a
certificate under this paragraph; or
(iii) the applicant for, or holder of, the
certification has failed to comply with this
Act.
(E) Complaints and investigations.--The Secretary
of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting
a foreign labor contractor's compliance with this Act.
Complaints may be filed by any aggrieved person or
organization (including bargaining representatives). No
investigation or hearing shall be conducted on a
complaint concerning a violation of this Act unless the
complaint was filed not later than 12 months after the
date of the violation. The Secretary shall conduct an
investigation under this paragraph if there is
reasonable cause to believe that such a violation
occurred.
(F) Maintenance of lists.--
(i) In general.--The Secretary shall
maintain a list of all foreign labor
contractors registered under this Act; and
(ii) Public availability.--The Secretary
shall make the list described in clause (i)
publicly available, including through
publication on the Internet.
(G) Re-registration of violators.--The Secretary
shall provide a procedure by which a foreign labor
contractor that has had its registration revoked may
seek to re-register under this paragraph by
demonstrating to the Secretary's satisfaction that the
foreign labor contractor has not violated this section
in the previous 5 years.
(5) Amendment to immigration and nationality act.--Section
214 of the Immigration and Nationality Act is amended by adding
at the end the following:
``(s) A visa shall not be issued under the subparagraph (A)(iii),
(G)(v), (H), (J), (L), (Q), or (R) of section 101(a)(15) until the
consular officer--
``(1) has provided to and reviewed with the applicant, in
the applicant's language (or a language the applicant
understands), a copy of the information and resources pamphlet
required by section 202 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2007; and
``(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by such section
202.''.
(6) Enforcement provisions.--
(A) Administrative enforcement.--The Secretary of
Labor may impose, for knowingly or recklessly failing
to comply with the requirements of this section--
(i) a fine in an amount not more than
$4,000 per affected worker; and
(ii) upon the occasion of a third offense
or failure to comply with representations, a
fine of not more than $10,000 per affected
worker.
(B) Civil action.--
(i) In general.--The Secretary of Labor may
bring a civil action in any court of competent
jurisdiction--
(I) to seek remedial action,
including injunctive relief;
(II) to recover damages suffered by
any worker harmed by such a violation,
which shall include wages owed, and any
debts incurred or fees paid by such
worker, to any person, in reliance on
the representations of the defendant or
agents of the defendants; and
(III) to ensure compliance with
requirements of this section.
(ii) Sums recovered.--Any sums recovered by
the Secretary on behalf of an employee under
clause (i) shall be held in a special deposit
account and shall be paid, on order of the
Secretary, directly to each employee affected.
Any such sums not paid to an employee because
of inability to do so within a period of 3
years shall be credited as an offsetting
collection to the appropriations account of the
Secretary of Labor for expenses for the
administration of this section and shall remain
available to the Secretary until expended.
(iii) Representation.--Except as provided
in section 518(a) of title 28, United States
Code, the Solicitor of Labor may appear for and
represent the Secretary of Labor in any civil
litigation brought under this subsection. All
such litigation shall be subject to the
direction and control of the Attorney General.
(C) Agency liability.--An employer who retains the
services of a foreign labor contractor shall only use
those foreign labor contractors who are registered
under paragraph (4). An employer who uses a foreign
labor contractor who is not registered under paragraph
(4), or who uses a foreign labor contractor knowing or
in reckless disregard that such contractor has violated
any provision of this section, shall be subject to
paragraph (5) for violations committed by such foreign
labor contractor to the same extent as if the employer
had committed the violation.
(h) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant visa.--The
term ``employment- or education-based nonimmigrant visa'' means
a nonimmigrant visa issued for the purpose of employment,
education, or training in the United States, including a visas
issued under subparagraph (A)(iii), (G)(v), (H), (J), (L), (Q),
or (R) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(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).
SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF HOMELAND SECURITY AND
ATTORNEY GENERAL.
(a) T Visa Classification.--Section 101(a)(15)(T)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)), as
amended by section 201(a), is further amended by striking ``, or in the
case of subclause (III)(aa) the Secretary of Homeland Security and the
Attorney General jointly,''.
(b) Adjustment of Status for Victims of Trafficking.--Section
245(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(l)(1))
is amended--
(1) in the matter preceding subparagraph (A), by striking
``, or in the case of subparagraph (C)(i), the Attorney
General,,'';
(2) in subparagraph (A), by striking ``Attorney General,''
and inserting ``Secretary of Homeland Security,''; and
(3) in subparagraph (C)(ii), by striking ``, or in the case
of subparagraph (C)(i), the Attorney General,''.
(c) Adjustment of Status for Crime Victims.--Section 245(m)(1) of
the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``unless the
Attorney General'' and inserting ``unless the Secretary''.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND
APPLICATIONS FOR RELIEF.
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227)
is amended by adding at the end the following:
``(d)(1) In the case of an alien in the United States for whom an
application for nonimmigrant status (whether as a principal alien or a
derivative relative) under section 101(a)(15)(T) has been filed, if the
application sets forth a prima facie case for approval, the Secretary
of Homeland Security may grant the alien a stay of removal or
deportation until the application is approved or the application is
denied after exhaustion of administrative appeals. Any appeal of the
denial of a stay of removal or deportation under this paragraph must
accompany any appeal of the underlying substantive petition or
application for benefits.
``(2) During a period in which an alien is provided a stay of
removal under this subsection, the alien shall not be removed or
deported.
``(3) Nothing in this subsection shall be construed as limiting the
authority of the Secretary of Homeland Security to grant a stay of
removal or deportation in any case not described in this subsection.''.
SEC. 205. 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 shall grant parole under section 212(d)(5) to
any alien who is a relative of an alien granted
continued presence pursuant to section 107(c)(3)(A) of
the Trafficking Victims Protection Act (22 U.S.C.
7105(c)(3)(A)), if the relative was, on the date on
which law 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 a
parent or sibling of the alien who establishes
a present danger of retaliation as a result of
the alien's cooperation with law enforcement.
``(B) Duration of parole.--
``(i) In general.--The grant of parole
under subparagraph (A) shall extend until the
date an application filed by the principal
alien under section 101(a)(15)(T)(ii) has been
finally adjudicated.
``(ii) Other limits on duration.--If no
such application is filed, the grant of parole
shall extend until the later of--
``(I) the date on which the
principal alien's continued presence in
the United States under section
107(c)(3)(A) of the Trafficking Victims
Protection Act (22 U.S.C.
7105(c)(3)(A)) is terminated; or
``(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) may result in revocation of parole.''.
SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS PROTECTION
REAUTHORIZATION ACT OF 2005.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall issue interim regulations
regarding the adjustment of status to permanent residence for
nonimmigrants admitted into the United States under section
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)). If the regulations are not issued before such
deadline, the Secretary shall submit a report explaining in detail the
reasons such regulations have not been issued 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.
Subtitle B--Assistance for Trafficking Victims
SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROCESS.
Subsection 107(b)(1)(E) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(b)(1)(E)), is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``consultation'' and all that follows through
``person'' and inserting ``consultation with the
Attorney General or the Secretary of Homeland Security,
that the person''; and
(B) in subclause (II)(bb), by striking ``United
States'' and all that follows through ``ensuring'' and
inserting ``United States the Secretary of Homeland
Security is ensuring''; and
(2) in clause (ii), by striking ``so long as'' and all that
follows through ``determines'' and inserting ``so long as the
Secretary of Homeland Security determines''.
SEC. 212. ASSISTANCE FOR CERTAIN VISA 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) by striking ``or'' at the end of paragraph (2)(B);
(2) by striking the period at the end of paragraph (3)(B)
and inserting ``or;''; and
(3) by adding at the end the following:
``(4) an alien who has applied for and not been denied, or
who holds, status as a nonimmigrant under clause (i) or (ii) of
section 101(a)(15)(T) of the Immigration and Nationality
Act.''.
(b) Construction.--The provisions of section 431(c)(4) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)(4)), as added by subsection (a), are in addition to
the access to public benefits provided in the Trafficking Victims
Protection Act of 2000 and the Trafficking Victims Reauthorization Act
of 2003.
(c) Effective Date.--The amendments made by subsection (a) 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 to carry out such amendments are implemented.
SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF TRAFFICKING.
(a) In General.--Subsection (b)(1) of section 107 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended
by adding at the end the following new subparagraphs:
``(F) Eligibility of interim assistance for child
victims.--
``(i) Determination.--With respect to a
person referred to in subparagraph (C)(ii)(I)
who is seeking assistance under this paragraph,
if credible information is presented on behalf
of the person that the person has been
subjected to a severe form of trafficking in
persons, the Secretary of Health and Human
Services shall promptly make a determination of
the person's eligibility under this paragraph.
``(ii) Exclusive authority.--The Secretary
of Health and Human Services shall have
exclusive authority in making determinations of
edibility under clause (i).
``(iii) Duration.--Assistance provided
under this paragraph for an individual
determined to be eligible under clause (i) may
be provided for up to 90 days and may be
extended for an additional 30 days.
``(iv) Sense of congress.--It is the sense
of Congress that--
``(I) to ensure the best interests
of the child and to create an increased
chance of cooperation by child victims
of severe forms of trafficking in
persons, the United States Government
should provide assistance to protect
and care for such child victims during
the pendency of proceedings to
determine whether a child is a victim
of severe forms of trafficking; and
``(II) in order to further the
objective of subclause (I), the
Secretary of Health and Human Services
should make the determination of
eligibility for assistance under clause
(i) on the basis of the information
provided and the Secretary's own
assessment of such information without
regard to the assessments by other
departments and agencies of the United
States Government regarding whether
such child victim's application for
relief or benefits under this Act or
the Immigration and Nationality Act
will be approved.
``(G) Notification of child victims for interim
assistance.--
``(i) Federal officials.--Any Federal
official who has reason to believe that a
person may be a juvenile victim of trafficking
referred to in subparagraph (C)(ii)(I) shall
notify the Secretary of Health and Human
Services not later than 48 hours after the
official first learns that the person may be a
juvenile victim of trafficking for the purpose
of facilitating the provision of interim
assistance under subparagraph (F).
``(ii) State and local officials.--Any
State or local official who has reason to
believe that a person may be a juvenile victim
of trafficking referred to in subparagraph
(C)(ii)(I) shall notify the Secretary of Health
and Human Services not later than 72 hours
after the official first learns that the person
may be a juvenile victim of trafficking for the
purpose of facilitating the provision of
interim assistance under subparagraph (F).''.
(b) Training of Government Personnel.--Subsection (c)(4) of such
section is amended--
(1) by striking ``and the Department of Justice'' and
inserting ``, the Department of Homeland Security, and the
Department of Health and Human Services'';
(2) by inserting before the period at the end the
following: ``, including the identification of juvenile victims
of trafficking''; and
(3) by adding at the end the following new sentence: ``The
Attorney General and the Secretary of Heath and Human Services
shall provide education and guidance to State and local
officials on the identification of aliens who are the victims
of severe forms of trafficking, and in particular child victims
of trafficking, including education and guidance on the
requirements of subsection (b)(1)(G)(ii).''.
SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.
(a) Amendments to the Trafficking Victims Protection Act of 2000.--
(1) Assistance for united states citizens.--Section 107 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105)
is amended by adding at the end the following:
``(h) Assistance for United States Citizens.--
``(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with the
Secretary of State and the Secretary of Labor, are authorized
to establish a program to provide assistance to United States
citizens who are victims of severe forms of trafficking. In
determining the types of assistance that would be most
beneficial for such victims, the Secretary of Health and Human
Services and the Attorney General shall consult with
nongovernmental organizations that provide services to victims
of severe forms of trafficking in the United States.
``(2) Use of existing programs.--In addition to such other
specialized services as may be required for victims described
in paragraph (1), the program established pursuant to paragraph
(1) shall facilitate communication and coordination between the
providers of assistance to such victims, and provide a means of
identifying such providers and making referrals to programs for
which such victims are already eligible (including programs
administered by the Department of Justice and the Department of
Health and Human Services).
``(3) Grants.--The Secretary of Health and Human Services
and the Attorney General may make grants to States, Indian
tribes, units of local government, and non-profit,
nongovernmental victims' service organizations to develop,
expand, and strengthen victim service programs authorized under
this subsection. The Federal share of a grant made under this
subsection may not exceed 75 percent of the total costs of the
projects described in the application submitted.''.
(2) Authorization of appropriations.--Section 113 of such
Act (22 U.S.C. 7110) is amended--
(A) in subsection (b), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Secretary of Health and Human Services
$2,500,000 for fiscal year 2008, $5,000,0000 for fiscal
year 2009, $10,000,000 for fiscal year 2010, and
$15,000,000 for fiscal year 2011.''; and
(B) in subsection (d), by adding at the end the
following new sentence: ``To carry out the purposes of
section 107(h), there are authorized to be appropriated
to the Attorney General $2,500,000 for fiscal year
2008, $5,000,0000 for fiscal year 2009, $10,000,000 for
fiscal year 2010, and $15,000,000 for fiscal year
2011.''.
(b) Assistance for Potential Victims of Trafficking and Related
Crimes.--
(1) Victims of crimes act.--The Attorney General is
authorized to use funds available under the Victims of Crimes
Act of 1984 to provide assistance to persons victimized in
cases brought under chapter 117 of title 18, United States
Code.
(2) Use of existing programs.--The President is authorized
to facilitate communication and coordination between the
providers of assistance to persons victimized in cases brought
under chapter 117 of title 18, United States Code, and to
provide a means of identifying such providers and making
referrals to programs for which such victims are already
eligible (including programs administered by the Department of
Justice and the Department of Health and Human Services).
(3) Effect on other programs.--Nothing in this section or
the amendments made by this section shall derogate from the
programs for victims of sexual abuse or commercial sexual
exploitation or survivors of sexual abuse or commercial sexual
exploitation authorized by section 202 of the Trafficking
Victims Protection Reauthorization of 2005.
(c) Partnerships Among Organizations.--Beginning not later than 120
days after the date of the enactment of this Act, all applications for
grants made by the Attorney General or the Secretary of Health and
Human Services to States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service organizations to establish
or maintain assistance programs for victims of severe forms of
trafficking in persons or sex trafficking that occurs, in whole or in
part, within the territorial jurisdiction of the United States shall
include a statement by the applicant of whether the services will be
available to both United States citizens and foreign trafficking
victims, or if the applicant intends to specialize in serving a
particular victim population, what referral mechanisms or collaborative
relationships they will undertake to ensure that all victims are
assisted regardless of alienage. The statement required by this section
will not be used to make a determination regarding the award of the
grant.
(d) Study.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall submit to the
appropriate congressional committees a report identifying the
existence or extent of any service gap between foreign and
United States citizen victims of severe forms of trafficking
and victims of sex trafficking, as defined in section 103 of
the Trafficking Victims Protection Act of 2000.
(2) Elements.--In carrying out the study under subparagraph
(1), the Attorney General and Secretary of Health and Human
Services shall--
(A) investigate factors relating to the legal
ability of foreign and United States citizen victims of
trafficking to access government-funded social services
in general, including the application of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)(5)) and the Illegal
Immigration and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009 et
seq.);
(B) investigate any other impediments to the access
of foreign and United States citizen victims of
trafficking to government-funded social services in
general;
(C) investigate any impediments to the access of
foreign and United States citizen victims of
trafficking to government-funded services targeted to
victims of severe forms of trafficking and victims of
sex trafficking;
(D) investigate the effect of trafficking service-
provider infrastructure development, continuity of
care, and availability of caseworkers on the eventual
restoration and rehabilitation of foreign and United
States citizen victims of trafficking; and
(E) include findings, best practices, and
recommendations based on the study of the elements in
subparagraphs (A) through (D) and any other related
information.
Subtitle C--Penalties Against Traffickers and Other Crimes
SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED OFFENSES.
(a) Clarifying Amendment.--Section 1591(a) of title 18, United
States Code, is amended--
(1) by striking ``that the person has not attained the age
of 18 years and'' and inserting ``that the person (being a
person who has not attained the age of 18 years)''; and
(2) by inserting at the end ``In a prosecution under this
subsection, the Government need not prove that the defendant
knew that the person had not attained the age of 18 years.''.
(b) Compelled Service.--
(1) In general.--Section 1592 of title 18, United States
Code, is amended to read as follows:
``Sec. 1592. Unlawful compelled service
``(a) Generally.--Whoever knowingly, with intent to obtain or
maintain the labor or services of a person or to obtain or maintain a
person for use in a commercial sex act (as defined in section 1591)--
``(1) destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration
document, or any other actual or purported government
identification document, of another person to prevent or
restrict or to attempt to prevent or restrict, without lawful
authority, the persons ability to move or travel;
``(2) improperly uses a position of real or apparent
governmental authority;
``(3) asserts as fact, exposes, or threatens to expose, a
matter, whether true or false, tending to subject some person
to hatred, contempt or ridicule; or
``(4) exposes any person to bankruptcy or other financial
harm,
shall be punished as provided in subsection (b).
``(b) Punishment.--A violator of subsection (a) shall--
``(1) if the offense involved a violation of subsection
(a)(1) or (2), or a violation of subsection (a)(3) in which
bodily injury, incarceration, or deportation occurred as a
result of the blackmail, be fined under this title or
imprisoned not more than 5 years, or both;
``(2) if the offense involved a violation of subsection
(a)(3) not resulting in bodily injury or incarceration, or a
violation of subsection (a)(4) in which bankruptcy or financial
harm occurred and the loss of at least one person was over ten
thousand dollars, be fined under this title or imprisoned not
more than 3 years, or both; and
``(3) in any other case, be fined under title 18, United
States Code, or imprisoned not more than one year, or both.
``(c) Definition.--For purposes of this paragraph, `financial harm'
includes the factors set forth in section 892(b) of this title, and
fees charged for foreign labor contracting activity, as defined in
section 202(g) of the William Wilberforce Trafficking Reauthorization
Act of 2007, that are not reasonably related to services provided to
the foreign worker.''.
(2) Clerical amendment.--The item relating to section 1592
in the table of sections at the beginning of chapter 77 of
title 18, United States Code, is amended to read as follows:
``1592.Unlawful compelled service.''.
(c) Restitution of Forfeited Assets.--(1) Section 1593(b) of title
18, United States Code, is amended by inserting at the end the
following:
``(4) The distribution of proceeds among multiple victims in an
order of restitution under this section shall govern the distribution
of forfeited funds through the processes of remission or restoration
under this section or any other statute that explicitly authorizes
restoration or remission of forfeited property.''
(2) Section 1594 of title 18, United States Code, is amended--
(A) in subsection (b), by striking ``The court,'' and
inserting ``Subject to remission or restoration, the court,'';
and
(B) in subsection (c), by adding at the end the following:
``(3) The Attorney General shall grant restoration or remission of
property to victims of a offense under this chapter that result in
forfeiture under this section or under any other statute that
explicitly authorizes restoration or remission of forfeited property.
``(4) In a prosecution brought under any other provision of Federal
law, the Attorney General may grant restoration or remission of
property to victims of severe forms of trafficking as defined in
section 103 of the Trafficking Victims Protection Act of 2000, in
accordance with section 1594(b)(4).''.
(d) Enhancement of Civil Action.--Section 1595 of title 18, United
States Code, is amended--
(1) in subsection (a) by--
(A) by striking ``of section 1589, 1590, or 1591'';
and
(B) by inserting ``(or any person who knowingly
benefits, financially or by receiving anything of value
from participation in a venture which has engaged in an
act in violation of this chapter)'' after
``perpetrator''.
(2) by adding at the end the following:
``(c) No action shall be maintained under this section unless it is
commenced within 10 years after the cause of action arose.''.
(e) Ending Foreign Labor Contracting Abuses.--
(1) In general.--Chapter 73 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1521. Retaliation in foreign labor contracting
``(a)(1) Whoever knowingly uses intimidation, threatens, or
corruptly persuades another person, or attempts to do so, or engages in
misleading conduct toward another person, with intent to prevent or to
retaliate against such person for--
``(A) the disclosure of information by such person
concerning violations with respect to aliens of the provisions
of employment-based immigration programs or any other Federal
labor or employment law; or
``(B) the cooperation of such person in an investigation or
other proceeding concerning compliance with respect to aliens
with the requirements of employment-based immigration programs
or any other Federal labor or employment law,
shall be punished as provided in paragraph (2).
``(2) A violator of paragraph (1) shall--
``(A) if death results from the violation, or if the
violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse, or the attempt to commit aggravated
sexual abuse, or an attempt to kill, be fined under this title
or imprisoned for any term of years or life, or both;
``(B) if the offense resulted in bodily injury, but not
death, be fined under this title or imprisoned for not more
than 10 years, or both; or
``(C) in any other case, be fined under this title or
imprisoned not more than 5 years, or both.
``(b) An individual who is the victim of an offense under this
section may, in a civil action, recover damages (including reasonable
attorneys' fees) for the harm done the victim by that offense. Any
civil action filed under this section shall be stayed during the
pendency of any criminal action arising out of the same occurrence in
which the claimant is the victim.
``(c) For the purposes of this section, the term `employment-based
immigration' means a nonimmigrant visa issued for the purpose of
employment, student exchange employment, or job training in the United
States, including those issued under subparagraph (A)(iii), (G)(v),
(H), (J), (L), (Q), or (R) of section 101(a)(15) of the Immigration and
Nationality Act.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
``1521. Retaliation in foreign labor contracting.''.
(f) Transportation Generally.--Section 2421 of title 18, United
States Code, is amended--
(1) by inserting ``or affecting'' after ``individual in'';
and
(2) by inserting ``in the special maritime and territorial
jurisdiction of the United States,'' after ``foreign
commerce,''.
(g) Sex Tourism.--
(1) Generally.--Chapter 117 of title 18, United States
Code, is amended by inserting after section 2423 the following:
``Sec. 2423A. Sex tourism
``(a) Travel With Intent To Engage in Illicit Sexual Conduct.--A
person who travels in interstate commerce or travels into the United
States, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, for the
purpose of engaging in any illicit sexual conduct with another person
shall be fined under this title or imprisoned not more than 10 years,
or both.
``(b) Engaging in Illicit Sexual Conduct in Foreign Places.--Any
United States citizen or alien admitted for permanent residence who
travels in foreign commerce, and engages in any illicit sexual conduct
with another person shall be fined under this title or imprisoned not
more than 10 years, or both.
``(c) Arranging Travel and Related Conduct.--Whoever, for the
purpose of commercial advantage or private financial gain, arranges,
induces, procures, or facilitates the travel of a person knowing that
such a person is traveling in interstate commerce or foreign commerce
for the purpose of engaging in illicit sexual conduct shall be fined
under this title, imprisoned not more than 10 years, or both.
``(d) Increased Penalty for Offenses Involving Children.--If the
illicit sexual conduct is with a child, the maximum term of
imprisonment for an offense under this section is 30 years.
``(e) Attempt and Conspiracy.--Whoever attempts or conspires to
violate this section shall be punishable in the same manner as for the
completed violation.
``(f) Definitions.--As used in this section--
``(1) the term `illicit sexual conduct' means--
``(A) a sexual act (as defined in section 2246)
that would be in violation of chapter 109A if the
sexual act occurred in the special maritime and
territorial jurisdiction of the United States; or
``(B) any commercial sex act (as defined in section
1591); and
``(2) the term `child' means a person under 18 years of
age.
``(g) Defense.--In a prosecution under this section for a violation
where an element of the offense involves commercial sex act with a
child, it is a defense, which the defendant must establish by a
preponderance of the evidence, that the person engaging in that act
reasonably believed that the other person was not a child.'';
(2) Conforming amendment.--Section 2423 of title 18, United
States Code, is amended by striking subsections (b) through
(g).
(3) Amendment to table of sections.--The table of sections
at the beginning of chapter 117 of title 18, United States
Code, is amended by inserting after the item relating to
section 2423 the following new item:
``2423A. Sex tourism.''.
(h) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable--
(1) to persons convicted of offenses created by this
section other than those created by subsections (f) and (g), to
ensure conformity with the United States Sentencing Guidelines,
sections 2H4.1 (peonage offenses) and 2H4.2 (labor offenses);
and
(2) to persons convicted of offenses created by subsection
(f) or (g) of this section, to ensure conformity with the
United States Sentencing Guidelines, sections 2G1.1 (promoting
commercial sex acts with persons other than minors) and 2G1.3
(promoting commercial sex acts or prohibited sexual conduct
with a minor, and related offenses.
SEC. 222. 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:
``Sec. 1596. Additional jurisdiction in certain trafficking offenses
``(a) In General.--In addition to any domestic or extra-territorial
jurisdiction otherwise provided by law, the courts of the United States
have extra-territorial 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 or victim of the offense 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 Nationality Act (8 U.S.C. 1101)); or
``(2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
``(b) Limitation on Prosecutions of Offenses Prosecuted in Other
Countries.--No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such 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 beginning of
chapter 77 of title 18, United States Code, is amended by adding at the
end the following new item:
``1596. Additional jurisdiction in certain trafficking offenses.''.
SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO TRAFFICKING.
(a) Aliens Entering the United States.--
(1) In general.--Section 278 of the Immigration and
Nationality Act (8 U.S.C. 1328) is amended to read as follows:
``aliens in prostitution
``Sec. 278. (a) Generally.--Whoever, for the purposes of
prostitution or for any other any sexual activity for which any person
can be charged with a criminal offense--
``(1) knowingly imports or attempts to import any alien; or
``(2) knowing or in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to come to,
enter, or reside in the United States, knowingly holds, keeps,
maintains, supports, employs, or harbors the individual in any
place in the United States, including any building or any means
of transportation, or attempts to do so,
shall be fined under title 18, United States Code, or imprisoned not
more than 10 years, or both.
``(b) Special Evidentiary Rule.--In all prosecutions under this
section, the testimony of a husband or wife shall be admissible and
competent evidence against each other.''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act is amended by amending the item
relating to section 278 to read as follows:
``Sec. 278. Aliens in prostitution.''.
(b) Amendment to the Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing guidelines and
policy statements applicable to persons convicted of offenses created
by this section to ensure conformity with the United States Sentencing
Guidelines, section 2H4.1 (peonage offenses) in violations involving a
holding under section 278(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1328(a)(2)), and section.2G1.1 otherwise.
(c) IMBRA Violations.--Section 833(d)(5)(B) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) is amended by striking ``interstate or foreign commerce, an
international marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates'' and inserting
``interstate or foreign commerce or within the special maritime and
territorial jurisdiction of the United States, an international
marriage broker that violates''.
SEC. 224. MODEL STATUTES PROVIDED TO STATES.
(a) Required Changes to Model Statute.--The Attorney General shall
ensure that any model antitrafficking statute provided to any State
shall specifically provide that no provision of such model statute
shall be construed as derogating from or in any way limiting or
constraining the operation of State law relating to prostitution and
individuals involved in securing, exploiting, or otherwise abusing
prostitutes.
(b) Publication.--The Attorney General shall ensure that any new
model statute that is consistent with subsection (a) shall be
immediately put on the website of the Department of Justice in place of
the existing statute.
(c) Additional Model State Statute.--The Department of Justice
shall draft and post on the website of the Department of Justice a
model state statute setting forth best legislative practices in the
area of state and local antiprostitution enforcement for use by States
of the United States.
Subtitle D--Activities of the United States Government
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (A), by inserting ``the 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 new
subparagraphs:
``(H) activities by the Department of Defense to
combat trafficking in persons, including educational
efforts for and disciplinary actions taken against
members of the United States Armed Forces, materials
included in training of the armed forces of foreign
countries, and efforts to ensure that United States
Government contractors do not engage in trafficking in
persons;
``(I) activities or actions by Federal departments
and agencies to enforce--
``(i) section 106(g) of this Act and any
similar provision of law, regulation, or policy
relating to United States Government
contractors and their employees or United
States Government subcontractors and their
employees that engage in severe forms of
trafficking in persons, procurement of
commercial sex acts, or 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 Secretary
of Homeland Security to waive the restrictions
of such section; and
``(iii) prohibitions on the procurement by
the United States Government of items or
services produced by slave labor, consistent
with Executive Order 13107 (December 10, 1998);
and''.
SEC. 232. ANNUAL ANTI-TRAFFICKING CONFERENCE.
Section 201(a)(2)(A)(ii) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044(a)(2)(A)(ii)) is amended
by inserting before the semi-colon at the end the following: ``and the
use of existing Federal and State criminal laws that do not require
force, fraud, or coercion as an element of a felony crime to prosecute
such persons''.
SEC. 233. SENIOR POLICY OPERATING GROUP.
Section 206 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044d) is amended by striking ``, as the
department or agency determines appropriate,''.
SEC. 234. COORDINATORS TO COMBAT HUMAN TRAFFICKING.
(a) Department of Justice.--
(1) Establishment.--The Attorney General shall establish
within the Office of the Deputy Attorney General a Coordinator
to Combat Human Trafficking.
(2) Duties.--In addition to any other responsibilities that
the Attorney General may assign, the Coordinator shall have the
following responsibilities:
(A) Ensure coordination of policies relating to
victims of trafficking among the various offices and
components of the Department of Justice, including the
Civil Division, the Criminal Division, the Office of
Justice Programs, and the Federal Bureau of
Investigation.
(B) Monitor, review, and make recommendations
regarding assistance to victims of trafficking to
ensure that assistance polices are consistent with the
Department's prosecution strategies and activities.
(C) Ensure improved communication and coordination
with State and local law enforcement agencies regarding
prosecution of offenses relating to victims of
trafficking.
(D) Represent the Department at inter-agency
mechanisms relating to trafficking in persons,
including the Senior Policy Operating Group.
(E) Serve, in conjunction with the Coordinator to
Combat Human Trafficking of the Department of Labor
(established pursuant to subsection (b)), as the
executive secretariat of the Trafficking in Persons and
Worker Exploitation Task Force.
(3) Staff.--The Attorney General shall ensure that the
Coordinator has sufficient staff to carry out the duties
described in paragraph (2).
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Department of Labor.--
(1) Establishment.--The Secretary of Labor shall establish
within the Department of Labor a Coordinator to Combat Human
Trafficking.
(2) Duties.--In addition to any other responsibilities that
the Secretary of Labor may assign, the Coordinator shall have
the following responsibilities:
(A) Ensure coordination of policies relating to
victims of trafficking, both in the United States and
abroad, among the various offices and components of the
Department of Labor, including the Office of the
Solicitor, the Employment Standards Administration, the
Wage and Hour Division, the Bureau of International
Labor Affairs, and the Office of Child Labor, Forced
Labor, and Human Trafficking.
(B) Ensure improved communication and coordination
with State labor agencies relating to trafficking in
persons.
(C) Represent the Department at inter-agency
mechanisms relating to trafficking in persons,
including the Senior Policy Operating Group.
(D) Serve, in conjunction with the Coordinator to
Combat Human Trafficking of the Department of Justice
(established pursuant to subsection (a)), as the
executive secretariat of the Trafficking in Persons and
Worker Exploitation Task.
(3) Staff.--The Secretary of Labor shall ensure that the
Coordinator has sufficient staff to carry out the duties
described in paragraph (2).
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Definition.--In this section, the term ``victim of
trafficking'' has the meaning given the term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 235. PREVENTING UNITED STATES TRAVEL BY 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 State,''.
SEC. 236. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
(a) Findings and Sense of Congress.--
(1) Findings.--The Congress finds as follows:
(A) The United States Government currently
estimates that up to 17,500 individuals are trafficked
into the United States each year. Of these, some 50
percent are believed to be under the age of 18. Many of
these children are victims of sex trafficking and are
forced into prostitution and other exploitative
activities in the United States.
(B) Despite the large number of children trafficked
into the United States every year, the Department of
Health and Human Services has identified an average of
20 children per year as trafficking victims through
fiscal year 2006. This disparity between estimated and
identified victims demonstrates that much more needs to
be done in educating individuals who may be coming into
contact with trafficked children.
(2) Sense of congress.--It is the sense of the Congress
that, to the extent consistent with the treaties and other
international agreements to which the United States is a party,
and to the extent practicable, the United States Government
should undertake efforts to protect children from severe forms
of trafficking and ensure that it does not repatriate children
in Federal custody into settings that would threaten their life
or safety.
(b) Combatting Child Trafficking at the 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 State, in conjunction with the Secretary of
Homeland Security and the Secretary of Health and Human
Services, shall develop policies and procedures to ensure that
unaccompanied alien children in the United States are safely
repatriated to their country of nationality or of last habitual
residence.
(2) Special rules for children from contiguous countries.--
(A) Determinations.--Any unaccompanied alien child
who is a national or habitual resident of a country
that is contiguous with the United States and has an
agreement in writing with the United States described
in subparagraph (C), shall be treated in accordance
with subparagraph (B), if the Secretary of Homeland
Security determines, on a case-by-case basis, that--
(i) such child has not been a victim of a
severe form of trafficking in persons, and such
child does not have a fear of being 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 fear
of persecution;
(iii) the return of such child to the
child's country of nationality or of last
habitual residence would not endanger the life
or safety of such child; and
(iv) the child is able to make an
independent decision to withdraw the child's
application for admission to the United States.
(B) Return.--An immigration officer who finds an
unaccompanied alien child described in subparagraph (A)
at a land border or port of entry of the United States
and determines that such child is inadmissible under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) shall--
(i) permit such child to withdraw the
child's application for admission pursuant to
section 235(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)(4)); and
(ii) return such child to the child's
country of nationality or country of last
habitual residence.
(C) Contiguous country agreements.--The Secretary
of State shall ensure that any agreements entered into
between the United States and a country contiguous to
the United States with respect to the repatriation of
children shall be designed to protect children from
severe forms of trafficking in persons. Such agreements
shall, at a minimum, provide that--
(i) no child shall be returned to the
child's country of nationality or of last
habitual residence unless returned to
appropriate officials or employees of the
accepting country's government;
(ii) no child shall be returned to the
child's country of nationality or of last
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 unaccompanied
alien children not described in paragraph (2)(A) who are
apprehended at the border of the United States or at a United
States port of entry shall be treated in accordance with
subsection (c).
(4) Screening.--Within 48 hours of the 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
transferred to the Secretary of Health and Human Services and
treated in accordance with subsection (c).
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect
children from trafficking and exploitation, the
Secretary of State shall create a pilot program, in
conjunction with non-governmental organizations and
other national and international agencies and experts,
to develop and implement best practices to ensure the
safe and secure repatriation and reintegration of
unaccompanied alien children into their country of
nationality or of last habitual residence, including
placement with their families or other sponsoring
agencies.
(B) Assessment of country conditions.--The
Secretary of Homeland Security shall consult the
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. Such assessment shall consider whether there
is reasonable risk that repatriation of an
unaccompanied alien child would threaten the life or
safety of the child.
(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 Homeland Security, in conjunction with the
Secretary of State and Secretary of Health and Human
Services, shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to
repatriate unaccompanied alien children. Such report
shall include--
(i) the number of unaccompanied alien
children ordered removed and the number of such
children actually removed from the United
States;
(ii) a statement of the nationalities,
ages, and gender of such children;
(iii) a description of the policies and
procedures used to effect the removal of such
children from the United States and the steps
taken to ensure that such children were safely
and humanely repatriated to their country of
nationality or of last habitual residence,
including a description of the repatriation
pilot program created pursuant to subparagraph
(A);
(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
(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
unaccompanied alien child from a contiguous country
subject to exceptions under subsection (b)(2), shall be
placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(c) Combatting Child Trafficking and Exploitation in the United
States.--
(1) Care and custody of unaccompanied alien children.--
(A) In general.--Except as otherwise provided under
subparagraphs (B) and (C) and subsection (b), the care
and custody of all unaccompanied alien children,
including responsibility for their detention, where
appropriate, shall be the responsibility of the
Secretary of Health and Human Services.
(B) Exception for children who have committed
crimes.--Notwithstanding subparagraph (A), the Attorney
General shall retain or assume the custody and care of
any unaccompanied alien child who is pending
prosecution for a Federal crime or serving a sentence
pursuant to a conviction for a Federal crime.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the
Secretary of Homeland Security shall retain or assume
the custody and care of an unaccompanied alien child if
the Secretary of Homeland Security has substantial
evidence, based on an individualized determination,
that such child could personally endanger the national
security of the United States.
(2) Notification.--Each department or agency of the Federal
Government shall notify the 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.--Any
department or agency of the Federal Government that has an
unaccompanied alien child in its custody shall transfer the
custody of such child to the Secretary of Health and Human
Services within 72 hours--
(A) upon a determination that such child is an
unaccompanied alien child, if the child is not
described in subparagraph (B) or (C) of paragraph (1);
or
(B) if the custody and care of the child has been
retained or assumed by the Attorney General under
paragraph (1)(B) or by the Secretary of Homeland
Security under paragraph (1)(C), upon a determination
that the child no longer meets the description set
forth in such subparagraphs.
(4) Age determinations.--
(A) In general.--The Secretary of Health and Human
Services shall make an age determination for an alien
described in paragraph (2)(B) and take whatever other
steps are necessary to determine whether such alien is
eligible for treatment under this section or section
462 of the Homeland Security Act of 2002 (6 U.S.C.
279).
(B) Procedures.--The Secretary of Health and Human
Services, in consultation with the Secretary of
Homeland Security, shall develop procedures to make a
prompt determination of the age of an alien, which
procedures 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 permit the presentation of
multiple forms of evidence, including the non-exclusive
use of radiographs, to determine the age of the
unaccompanied alien.
(d) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health and
Human Services, Secretary of Homeland Security, Attorney
General, and Secretary of State shall establish policies and
programs to ensure that unaccompanied alien children in the
United States are protected from traffickers and other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including policies
and programs reflecting best practices in witness security
programs.
(2) Safe and secure placements.--Subject to section
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of the
Secretary of Health and Human Services shall be promptly placed
in the least restrictive setting that is in the best interest
of the child. Placement of child trafficking victims may
include placement with competent adult victims of the same
trafficking scheme in order to ensure continuity of care and
support. A child shall not be placed in a secure facility
absent an independent finding that the child poses a danger to
self or others.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the 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
determination 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))), or a child who has
been a victim of physical or sexual abuse under
circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened.
The Secretary of Health and Human Services shall
conduct follow-up services, during the pendency of
removal proceedings, on children and custodians for
whom a home study was conducted.
(C) Database access.--In conducting suitability
assessments, the Secretary of Health and Human Services
shall have access to all relevant information in the
appropriate Federal, State, and local law enforcement
and immigration databases.
(4) Legal orientation presentations.--The Secretary of
Health and Human Services shall ensure that custodians receive
legal orientation presentations provided through the Legal
Orientation Program administered by the Executive Office for
Immigration Review. At a minimum, such presentations shall
address the custodian's responsibility 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, that
all unaccompanied alien children who are or have been in the
custody of the Secretary or the Secretary of Homeland Security,
and who are not described in subsection (b)(2)(A), have
competent counsel to represent them in legal 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 competent pro bono counsel who agree to provide
representation to such children without charge.
(6) Guardians ad litem.--The Secretary of Health and Human
Services shall implement a program to appoint independent
guardians ad litem for child trafficking victims and other
vulnerable unaccompanied alien children. A guardian ad litem
shall be provided access to materials necessary to effectively
advocate for the best interest of the child. The guardian ad
litem 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 guardian ad litem.
The guardian ad litem 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.
(7) Confidentiality.--The Secretary of Health and Human
Services shall maintain the privacy and confidentiality of all
information gathered in the course of the care, custody, and
placement of unaccompanied alien children, consistent with its
role and responsibilities under the Homeland Security Act of
2002 to act as guardian in loco parentis in the best interest
of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third
parties. The Secretary may provide information to a duly
recognized law enforcement entity in connection with a
prosecution or investigation of an offense described in
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), when such information is
requested in writing by such entity.
(e) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(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 one or both of the
immigrant's parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under
State law;'';
(B) in clause (iii), 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
(C) in clause (iii)(I), by striking ``in the actual
or constructive custody of the Attorney General unless
the Attorney General specifically consents to such
jurisdiction;'' 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
adjudicated by the Secretary of Homeland Security not later
than 180 days after the date of filing the application.
(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), 9(B), and 9(C)(i)(I) 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 Education Assistance Act of 1980 (8 U.S.C.
1522 note) at the time such dependency order was
granted, shall be eligible for placement and services
under section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) until the earlier of--
(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.--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 provision
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--
(A) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g))).''; and
(B) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
unaccompanied alien child (as defined in section 462(g)
of the 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 children.--Applications for asylum
and other forms of relief from removal in which a child is the
principal applicant shall be governed by regulations which take
into account the specialized needs of children and which
address both procedural and substantive aspects of handling
children's cases.
(f) Training.--The Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services and the Attorney
General shall provide specialized training to all Federal personnel who
come into contact with unaccompanied alien children. Such personnel
shall be trained to work with unaccompanied alien children, including
identifying children who are a victim of a severe form of trafficking
in persons, and children for whom asylum or special immigrant relief
may be appropriate, including children described in subsection (b)(2).
(g) 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 the Homeland
Security Act of 2002 (6 U.S.C. 279(b)) is 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.''.
(h) Definition of Unaccompanied Alien Child.--
(1) In general.--For purposes 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)).
(2) Clarification of definition.--For the purposes of
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)) and this section, a parent or legal guardian
shall not be considered to be available to provide care and
physical custody of an alien child unless such parent is in the
physical presence of, and able to exercise parental
responsibilities over, such child at the time of such child's
apprehension and during the child's detention.
(i) Effective Date.--This section shall take effect on the date
that is 90 days after the date of the enactment of this Act.
(j) Applicability.--This section shall apply to all aliens in the
United States before, on, or after the date of the enactment of this
Act.
(k) 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).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``104,''; and
(ii) by striking ``$1,500,000'' and all
that follows through ``2007'' and inserting
``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(B) in the second sentence--
(i) by inserting ``$1,500,000 for
additional personnel for each of the fiscal
years 2008 through 2011'' after ``Office to
Monitor and Combat Trafficking''; and
(ii) by striking ``2006 and 2007'' and
inserting ``2008 through 2011'';
(2) in the first sentence of subsection (b), by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 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'';
(ii) in subparagraph (B)--
(I) by striking ``$15,000,000'' and
inserting ``$10,000,000''; and
(II) by adding at the end the
following new sentence: ``To carry out
the purposes of section 107(a)(1)(F),
there are authorized to be appropriated
to the Secretary of State $500,000 for
fiscal year 2008, $750,000 for fiscal
year 2009, and $1,000,000 for each of
the fiscal years 2010 and 2011.''; and
(iii) in subparagraph (C), by inserting
``(as added by section 109)'' after ``section
134 of the Foreign Assistance Act of 1961'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2) (as redesignated by
subparagraph (C))--
(i) by striking ``section 104'' and
inserting ``sections 116(f) and 502B(h) of the
Foreign Assistance Act of 1961 (as added by
section 104)''; and
(ii) by striking ``, including the
preparation'' and all that follows through
``section'';
(4) in subsection (d)--
(A) in the first sentence, by striking
``$10,000,000'' and all that follows through ``2007''
and inserting ``$15,000,000 for each of the fiscal
years 2008 through 2011''; and
(B) in the second sentence, by striking
``$250,000'' and all that follows through ``2007'' and
inserting ``$500,000 for each of the fiscal years 2008
through 2011'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``$5,000,000''
and all that follows through ``2007'' 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 (as added by section
109)''; and
(ii) by striking ``$5,000,000'' and all
that follows through ``2007'' 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 through ``2007'' and inserting
``$500,000 for each of the fiscal years 2008 through
2011'';
(6) in subsection (f), by striking ``$5,000,000'' and all
that follows through ``2007'' and inserting ``$15,000,000 for
each of the fiscal years 2008 through 2011'';
(7) in subsection (h), by striking ``fiscal year 2006'' and
inserting ``each of the fiscal years 2008 through 2011''; and
(8) in subsection (i), by striking ``$18,000,000'' and all
that follows through ``2007'' and inserting ``$18,000,000 for
each of the fiscal years 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 paragraph (7) of section 102(b), by striking ``2006
and 2007'' and inserting ``2008 through 2011'';
(2) in subsection (b) of section 105, by adding at the end
the following new paragraph:
``(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Secretary of Labor $1,000,000 for each of the fiscal years 2008
through 2011.'';
(3) in subsection (c) of section 201--
(A) in paragraph (1), by striking ``$2,500,000 for
each of the fiscal years 2006 and 2007'' each place it
appears and inserting ``$3,000,000 for each of the
fiscal years 2008 through 2011''; and
(B) in paragraph (2), by striking ``$1,000,000''
and all that follows through ``2007'' and inserting
``$1,000,000 for each of the fiscal years 2008 through
2011'';
(4) in subsection (d) of section 202, by striking
``$10,000,000'' and all that follows through ``2007'' and
inserting ``$15,000,000 for each of the fiscal years 2008
through 2011'';
(5) in subsection (g) of section 203, by striking
``$5,000,000'' and all that follows through ``2007'' and
inserting ``$5,000,000 for each of the fiscal years 2008
through 2011''; and
(6) in subsection (d) of section 204, by striking
``$25,000,000'' and all that follows through ``2007'' and
inserting ``$25,000,000 for each of the fiscal years 2008
through 2011''.
SEC. 303. RULE OF CONSTRUCTION.
The amendments made by sections 301 and 302 shall not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
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 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 ``Committee on
International Relations'' each place it appears and inserting
``Committee on Foreign Affairs''.
TITLE IV--PREVENTION OF THE USE OF CHILD SOLDIERS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Child Soldier Prevention Act of
2007''.
SEC. 402. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Child soldier.--Consistent with the provisions of the
Optional Protocol, the term ``child soldier''--
(A) means--
(i) any person under age 18 who takes a
direct part in hostilities as a member of
governmental armed forces;
(ii) any person under age 18 who has been
compulsorily recruited into governmental armed
forces;
(iii) any person under age 15 voluntarily
recruited into governmental armed forces; and
(iv) any person under age 18 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), and (iv) of subparagraph (A) who is serving in
any capacity, including in a support role such as a
cook, porter, messenger, medic, guard, or sex slave.
(3) Optional protocol.--The term ``Optional Protocol''
means the Optional Protocol to the Convention on the Rights of
the Child on the Involvement of Children in Armed Conflict,
which establishes 18 as the minimum age for conscription or
forced recruitment and requires states party to ensure that
members of their armed forces under the age of 18 do not take a
direct part in hostilities
(4) United states munitions list.--The term ``United States
Munitions List'' means the list referred to in section 38(a)(1)
of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 403. FINDINGS.
Congress makes the following findings:
(1) According to the September 7, 2005, report to the
General Assembly of the United Nations by the Special
Representative of the Secretary-General for Children and Armed
Conflict, ``In the last decade, two million children have been
killed in situations of armed conflict, while six million
children have been permanently disabled or injured. Over
250,000 children continue to be exploited as child soldiers and
tens of thousands of girls are being subjected to rape and
other forms of sexual violence.''.
(2) According to the Center for Emerging Threats and
Opportunities (CETO), Marine Corps Warfighting Laboratory,
``The Child Soldier Phenomenon has become a post-Cold War
epidemic that has proliferated to every continent with the
exception of Antarctica and Australia.''.
(3) Many of the children currently serving in armed forces
or paramilitaries were forcibly conscripted through kidnapping
or coercion, a form of human trafficking, while others joined
military units due to economic necessity, to avenge the loss of
a family member, or for their own personal safety.
(4) Some military and militia commanders force child
soldiers to commit gruesome acts of ritual killings or torture,
including acts of violence against other children.
(5) Many female child soldiers face the additional
psychological and physical horrors of rape and sexual abuse,
enslavement for sexual purposes by militia commanders, and
severe social stigma should they return home.
(6) Some military and militia commanders target children
for recruitment because of their psychological immaturity and
vulnerability to manipulation and indoctrination. Children are
often separated from their families in order to foster
dependence on military units and leaders. Consequently, many of
these children suffer from deep trauma and are in need of
psychological counseling and rehabilitation.
(7) Child soldiers are exposed to hazardous conditions and
are at risk of physical injury and disability, psychological
trauma, sexually transmitted diseases, respiratory and skin
infections, and often death.
(8) On May 25, 2000, the United Nations adopted and opened
for signature, ratification, and accession the Optional
Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict.
(9) On June 18, 2002, the Senate unanimously approved the
resolution advising and consenting to the ratification of the
Optional Protocol.
(10) On December 23, 2002, the United States presented the
ratified Optional Protocol to the United Nations.
(11) More than 110 governments worldwide have ratified the
Optional Protocol, establishing a clear international norm
concerning the use of children in combat.
(12) On December 2, 1999, the United States ratified
International Labour Convention 182, the Convention concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour, which includes the use of child
soldiers among the worst forms of child labor.
(13) On October 7, 2005, the Senate gave its advice and
consent to the ratification of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women
and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime.
(14) It is in the national security interest of the United
States to reduce the chances that members of the United States
Armed Forces will be forced to encounter children in combat
situations.
(15) Section 502B(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is
directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise''.
SEC. 404. 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
governments, paramilitaries, or other organizations in
hostilities;
(2) the United States Government should support and, where
practicable, lead efforts to establish and uphold international
standards designed to end this abuse of human rights;
(3) the United States Government should expand ongoing
services to rehabilitate recovered child soldiers and to
reintegrate them back into their communities by--
(A) offering ongoing psychological services to help
victims recover from their trauma and relearn how to
deal with others in nonviolent ways such that they are
no longer a danger to their community;
(B) facilitating reconciliation with their
communities through negotiations with traditional
leaders and elders to enable recovered abductees to
resume normal lives in their communities; and
(C) providing educational and vocational
assistance;
(4) the United States should work with the international
community, including, where appropriate, third country
governments, nongovernmental organizations, faith-based
organizations, United Nations agencies, local governments,
labor unions, and private enterprise--
(A) on efforts to bring to justice rebel
organizations that kidnap children for use as child
soldiers, including the Lord's Resistance Army (LRA) in
Uganda, Fuerzas Armadas Revolucionarias de Colombia
(FARC), and Liberation Tigers of Tamil Eelam (LTTE),
including, where feasible, by arresting the leaders of
such groups; and
(B) on efforts to recover those children who have
been abducted and to assist them in their
rehabilitation and reintegration into communities;
(5) the Secretary of State, the Secretary of Labor, and the
Secretary of Defense should coordinate programs to achieve the
goals specified in paragraph (3), and in countries where the
use of child soldiers is an issue, whether or not it is
supported or sanctioned by the governments of such countries,
United States diplomatic missions should include in their
mission program plans a strategy to achieve the goals specified
in such paragraph;
(6) United States diplomatic missions in countries in which
governments use or tolerate child soldiers should develop, as
part of annual program planning, strategies to promote efforts
to end this abuse of human rights; and
(7) 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 deemed to promote the end to this abuse of human
rights.
SEC. 405. PROHIBITION ON PROVISION OF MILITARY ASSISTANCE TO FOREIGN
GOVERNMENTS THAT RECRUIT OR USE CHILD SOLDIERS.
(a) In General.--Subject to subsections (b), (c), and (d), none of
the funds made available to carry out sections 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 be used to provide
assistance to, and no item on the United States Munition List may be
exported to, the government of a country that the Secretary of State
determines has governmental armed forces or government supported armed
groups, including paramilitaries, militias, or civil defense forces,
that recruit or use child soldiers.
(b) Publication of List of Foreign Governments and Notification to
Foreign Governments.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments subject to the prohibition in subsection (a) in the
report required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)).
(2) Notification to foreign governments.--The Secretary of
State shall formally notify each foreign government subject to
the prohibition in subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application to a
foreign government of the prohibition in subsection (a) if the
President determines that such waiver is in the interest of the
United States.
(2) Publication and notification.--The President shall
publish each waiver granted under paragraph (1) in the Federal
Register and shall notify the appropriate congressional
committees of each such waiver, including the justification for
the waiver, in accordance with the regular notification
procedures of such committees.
(d) Reinstatement of Assistance.--The President may provide to a
foreign government assistance otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional committees that the
foreign government--
(1) has implemented effective measures to come into
compliance with the standards of this title; and
(2) has implemented effective policies and mechanisms to
prohibit and prevent future use of child soldiers and to ensure
that no children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exceptions.--
(1) Assistance to address the problem of child soldiers and
professionalization of the military.--
(A) In general.--The President may provide to a
foreign government assistance under section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347;
relating to international military education and
training) otherwise prohibited under subsection (a)
upon certifying to the appropriate congressional
committees that--
(i) the government is implementing
effective measures to demobilize child soldiers
in its forces or in government supported
paramilitaries and to provide demobilization,
rehabilitation, and reintegration assistance to
those former child soldiers; and
(ii) the assistance provided by the United
States Government to the government will go to
programs that will directly support
professionalization of the military.
(B) Limitation.--The exception under subparagraph
(A) may not remain in effect for more than 2 years
following the date of notification specified in
subsection (b)(2).
(2) Assistance to further cooperation with the united
states to combat international terrorism.--The President may
provide to a foreign government assistance under any provision
of law specified in subsection (a) if the purpose of the
assistance is specifically designed to further cooperation
between the United States and the foreign government to combat
international terrorism.
(f) Effective Date; Applicability.--This section takes effect 180
days after the date of the enactment of this Act and shall apply to
funds made available for the first fiscal year beginning after such
effective date and each subsequent fiscal year.
SEC. 406. REPORTS.
(a) Preparation of Reports Regarding Child Soldiers.--The Secretary
of State shall ensure that United States missions abroad thoroughly
investigate reports of the use of child soldiers in the countries in
which such missions are located.
(b) Information for Annual Human Rights Reports.--In preparing
those portions of the Department of State's annual Country Reports on
Human Rights Practices that relate to child soldiers, the Secretary of
State shall ensure that such portions 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) Notification to Congress.--Not later than June 15 of each year
for 10 years following the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees--
(1) a list of any waivers or exceptions exercised under
section 405;
(2) a justification for those waivers and exceptions; and
(3) a description of any assistance provided pursuant to
section 405.
(d) Report on Implementation of Title.--Not later than 180 days
after the date of the enactment of this Act, the President shall submit
to appropriate congressional committees a report setting forth a
strategy for achieving the policy objectives of this title, including a
description of an effective mechanism for coordination of United States
Government efforts to implement this strategy.
(e) Report on Child Soldiers in Burma.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report of the
recruitment and use of child soldiers by the governmental armed forces
or government-supported armed groups of the Government of Burma,
including paramilitaries, militias, or civil defense forces.
SEC. 407. 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 new subsection:
``(c) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
after January 1, 2008, for members of the Service, including chiefs of
mission, instruction on matters related to child soldiers and the terms
of the Child Soldier Prevention Act of 2007.''.
<all>
Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 110-430, Part I.
Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 110-430, Part I.
Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
House Committee on Judiciary Granted an extension for further consideration ending not later than Nov. 9, 2007.
House Committee on Judiciary Granted an extension for further consideration ending not later than Nov. 20, 2007.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Placed on the Union Calendar, Calendar No. 281.
Ms. Jackson-Lee moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H14098-14122)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3887.
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DEBATE - The House proceeded with further debate on H.R. 3887.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H14130)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 2 (Roll no. 1124).(text: CR H14098-14112)
Roll Call #1124 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 2 (Roll no. 1124). (text: CR H14098-14112)
Roll Call #1124 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.