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H.R. 3887 (110th): William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

The text of the bill below is as of Oct 18, 2007 (Introduced).


I

110th CONGRESS

1st Session

H. R. 3887

IN THE HOUSE OF REPRESENTATIVES

October 18, 2007

(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.

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.

I

Combatting international trafficking in persons

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,.

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.

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.

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..

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:

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.

.

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.

.

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.

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).

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:

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.

.

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.

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).

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.

II

Combatting trafficking in persons in the United States

A

Ensuring availability of possible witnesses and informants

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).

.

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).

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.

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.

.

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.

.

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.

B

Assistance for trafficking victims

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.

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.

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)..

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.

C

Penalties against traffickers and other crimes

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:

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:

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:

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.

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:

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.

.

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:

278.

Aliens in prostitution

(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.

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.

D

Activities of the United States Government

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

.

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.

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,.

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).

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,.

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).

III

Authorizations of appropriations

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.

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.

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.

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.

IV

Prevention of the use of child soldiers

401.

Short title

This title may be cited as the Child Soldier Prevention Act of 2007.

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)).

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.

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.

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.

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.

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.

.