HR 972 EH
109th CONGRESS
1st Session
H. R. 972
AN ACT
To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Trafficking Victims Protection Reauthorization Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in persons.
Sec. 105. Additional activities to monitor and combat forced labor and child labor.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated international leadership in combating human trafficking and slavery through the enactment of 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 2003 (Public Law 108-193).
(2) The United States Government currently estimates that 600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor and commercial sex exploitation. An estimated 80 percent of such individuals are women and girls.
(3) Since the enactment of the Trafficking Victims Protection Act of 2000, United States efforts to combat trafficking in persons have focused primarily on the international trafficking in persons, including the trafficking of foreign citizens into the United States.
(4) Trafficking in persons also occurs within the borders of a country, including the United States.
(5) No known studies exist that quantify the problem of trafficking in children for the purpose of commercial sexual exploitation in the United States. According to a report issued by researchers at the University of Pennsylvania in 2001, as many as 300,000 children in the United States are at risk for commercial sexual exploitation, including trafficking, at any given time.
(6) Runaway and homeless children in the United States are highly susceptible to being domestically trafficked for commercial sexual exploitation. According to the National Runaway Switchboard, every day in the United States, between 1,300,000 and 2,800,000 runaway and homeless youth live on the streets. One out of every seven children will run away from home before the age of 18.
(7) Following armed conflicts and during humanitarian emergencies, indigenous populations face increased security challenges and vulnerabilities which result in myriad forms of violence, including trafficking for sexual and labor exploitation. Foreign policy and foreign aid professionals increasingly recognize the increased activity of human traffickers in post-conflict settings and during humanitarian emergencies.
(8) There is a need to protect populations in post-conflict settings and humanitarian emergencies from being trafficked for sexual or labor exploitation. The efforts of aid agencies to address the protection needs of, among others, internally displaced persons and refugees are useful in this regard. Nonetheless, there is a need for further integrated programs and strategies at the United States Agency for International Development, the Department of State, and the Department of Defense to combat human trafficking, including through protection and prevention methodologies, in post-conflict environments and during humanitarian emergencies.
(9) International and human rights organizations have documented a correlation between international deployments of military and civilian peacekeepers and aid workers and a resulting increase in the number of women and girls trafficked into prostitution in post-conflict regions.
(10) The involvement of employees and contractors of the United States Government and members of the Armed Forces in trafficking in persons, facilitating the trafficking in persons, or exploiting the victims of trafficking in persons is inconsistent with United States laws and policies and undermines the credibility and mission of United States Government programs in post-conflict regions.
(11) Further measures are needed to ensure that United States Government personnel and contractors are held accountable for involvement with acts of trafficking in persons, including by expanding United States criminal jurisdiction to all United States Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment- 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:
`(h) Prevention of Trafficking in Conjunction With Post-Conflict and Humanitarian Emergency Assistance- The United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafficking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities.'.
(A) IN GENERAL- The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Secretary of Defense, shall conduct a study regarding the threat and practice of trafficking in persons generated by post-conflict and humanitarian emergencies in foreign countries.
(B) FACTORS- In carrying out the study, the Secretary of State and the Administrator of the United States Agency for International Development shall examine--
(i) the vulnerabilities to human trafficking of commonly affected populations, particularly women and children, generated by post-conflict and humanitarian emergencies;
(ii) the various forms of trafficking in persons, both internal and trans-border, including both sexual and labor exploitation;
(iii) a collection of best practices implemented to date to combat human trafficking in such areas; and
(iv) proposed recommendations to better combat trafficking in persons in conjunction with post-conflict reconstruction and humanitarian emergencies assistance.
(2) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, with the concurrence of the Secretary of Defense, shall transmit to the Committee on International Relations and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report that contains the results of the study conducted pursuant to paragraph (1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to Information- Section 107(c)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by adding at the end the following new sentence: `To the extent practicable, victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking.'.
(b) Establishment of Pilot Program for Residential Rehabilitative Facilities for Victims of Trafficking-
(A) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall carry out a study to identify best practices for the rehabilitation of victims of trafficking in group residential facilities in foreign countries.
(B) FACTORS- In carrying out the study under subparagraph (A), the Administrator shall--
(i) investigate factors relating to the rehabilitation of victims of trafficking in group residential facilities, such as the appropriate size of such facilities, services to be provided, length of stay, and cost; and
(ii) give consideration to ensure the safety and security of victims of trafficking, provide alternative sources of income for such victims, assess and provide for the educational needs of such victims, including literacy, and assess the psychological needs of such victims and provide professional counseling, as appropriate.
(2) PILOT PROGRAM- Upon completion of the study carried out pursuant to paragraph (1), the Administrator of the United States Agency for International Development shall establish and carry out a pilot program to establish residential treatment facilities in foreign countries for victims of trafficking based upon the best practices identified in the study.
(3) PURPOSES- The purposes of the pilot program established pursuant to paragraph (2) are to--
(A) provide benefits and services to victims of trafficking, including shelter, psychological counseling, and assistance in developing independent living skills;
(B) assess the benefits of providing residential treatment facilities for victims of trafficking, as well as the most efficient and cost-effective means of providing such facilities; and
(C) assess the need for and feasibility of establishing additional residential treatment facilities for victims of trafficking.
(4) SELECTION OF SITES- The Administrator of the United States Agency for International Development shall select 2 sites at which to operate the pilot program established pursuant to paragraph (2).
(5) FORM OF ASSISTANCE- In order to carry out the responsibilities of this subsection, the Administrator of the United States Agency for International Development shall enter into contracts with, or make grants to, organizations with relevant expertise in the delivery of services to victims of trafficking.
(6) REPORT- Not later than one year after the date on which the first pilot program is established pursuant to paragraph (2), the Administrator of the United States Agency for International Development shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of this subsection.
(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Administrator of the United States Agency for International Development to carry out this subsection $2,500,000 for each of the fiscal years 2006 and 2007.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial Jurisdiction Over Certain Trafficking in Persons Offenses-
(1) IN GENERAL- Part II of title 18, United States Code, is amended by inserting after chapter 212 the following new chapter:
`CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING IN PERSONS OFFENSES
`3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States.
`Sec. 3271. Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States
`(a) Whoever, while employed by or accompanying the Federal Government outside the United States, engages in conduct outside the United States that would constitute an offense under chapter 77 or 117 of this title if the conduct had been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense.
`(b) 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.
`Sec. 3272. Definitions
`As used in this chapter:
`(1) The term `employed by the Federal Government outside the United States' means--
`(A) employed as a civilian employee of the Federal Government, as a Federal contractor (including a subcontractor at any tier), or as an employee of a Federal contractor (including a subcontractor at any tier);
`(B) present or residing outside the United States in connection with such employment; and
`(C) not a national of or ordinarily resident in the host nation.
`(2) The term `accompanying the Federal Government outside the United States' means--
`(i) a civilian employee of the Federal Government; or
`(ii) a Federal contractor (including a subcontractor at any tier) or an employee of a Federal contractor (including a subcontractor at any tier);
`(B) residing with such civilian employee, contractor, or contractor employee outside the United States; and
`(C) not a national of or ordinarily resident in the host nation.'.
(2) CLERICAL AMENDMENT- The table of chapters at the beginning of such part is amended by inserting after the item relating to chapter 212 the following new item:
--3271'.
(b) Laundering of Monetary Instruments- Section 1956(c)(7)(B) of title 18, United States Code, is amended--
(1) in clause (v), by striking `or' at the end;
(2) in clause (vi), by adding `or' at the end; and
(3) by adding at the end the following new clause:
`(vii) trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts;'.
(c) Definition of Racketeering Activity- Section 1961(1)(B) of title 18, United States Code, is amended by striking `1581-1591' and inserting `1581-1592'.
(d) Civil and Criminal Forfeitures-
(1) IN GENERAL- Chapter 117 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2428. Forfeitures
`(a) In General- The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States--
`(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
`(2) any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.
`(b) Property Subject to Forfeiture-
`(1) IN GENERAL- The following shall be subject to forfeiture to the United States and no property right shall exist in them:
`(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
`(B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.
`(2) APPLICABILITY OF CHAPTER 46- The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN PERSONS.
(a) Appointment to 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--
(1) by striking `the Director of Central Intelligence' and inserting `the Director of National Intelligence'; and
(2) by inserting `, the Secretary of Defense, the Secretary of Homeland Security' after `the Director of National Intelligence' (as added by paragraph (1)).
(b) Minimum Standards for the Elimination of Trafficking-
(1) AMENDMENTS- Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
(A) in paragraph (3), by adding at the end before the period the following: `, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards'; and
(B) in the first sentence of paragraph (7), by striking `persons,' and inserting `persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,'.
(2) EFFECTIVE DATE- The amendments made by subparagraphs (A) and (B) of paragraph (1) take effect beginning two years after the date of the enactment of this Act.
(1) AMENDMENTS- Section 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(A) in the first sentence of the matter preceding paragraph (1)--
(i) by striking `The President' and inserting `(a) In General- The President'; and
(ii) by striking `the Director of Central Intelligence' and inserting `the Director of National Intelligence';
(B) in paragraph (3), by adding at the end before the period the following: `, particularly HIV/AIDS';
(C) by adding at the end the following new paragraphs:
`(4) Subject to subsection (b), the interrelationship between trafficking in persons and terrorism, including the use of profits from trafficking in persons to finance terrorism.
`(5) An effective mechanism for quantifying the number of victims of trafficking on a national, regional, and international basis.
`(6) The abduction and enslavement of children for use as soldiers, including steps taken to eliminate the abduction and enslavement of children for use as soldiers and recommendations for such further steps as may be necessary to rapidly end the abduction and enslavement of children for use as soldiers.'; and
(D) by further adding at the end the following new subsections:
`(b) Role of Human Smuggling and Trafficking Center- The research initiatives described in subsection (a)(4) shall be carried out by the Human Smuggling and Trafficking Center (established pursuant to section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)).
`(c) Definitions- In this section:
`(1) AIDS- The term `AIDS' means the acquired immune deficiency syndrome.
`(2) HIV- The term `HIV' means the human immunodeficiency virus, the pathogen that causes AIDS.
`(3) HIV/AIDS- The term `HIV/AIDS' means, with respect to an individual, an individual who is infected with HIV or living with AIDS.'.
(A) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Human Smuggling and Trafficking Center (established pursuant to section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) shall submit to the appropriate congressional committees a report on the results of the research initiatives carried out pursuant to section 112A(4) of the Trafficking Victims Protection Act of 2000 (as added by paragraph (1)(C) of this subsection).
(B) DEFINITION- In this paragraph, the term `appropriate congressional committees' means--
(i) the Committee on International Relations and the Committee on the Judiciary of the House of Representatives; and
(ii) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
(d) Foreign Service Officer Training- Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting `, the Director of the Office to Monitor and Combat Trafficking,' after `the International Religious Freedom Act of 1998';
(2) in paragraph (1), by striking `and' at the end;
(3) in paragraph (2), by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following:
`(3) instruction on international documents and United States policy on trafficking in persons, including provisions of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect the United States bilateral relationships.'.
(e) Prevention of Trafficking by Peacekeepers-
(1) INCLUSION IN TRAFFICKING IN PERSONS REPORT- Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
(A) in subparagraph (B), by striking `and' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following new subparagraph:
`(D) information on the measures taken by the United Nations, the Organization for Security and Cooperation in Europe, the North Atlantic Treaty Organization and, as appropriate, other multilateral organizations in which the United States participates, to prevent the involvement of the organization's employees, contractor personnel, and peacekeeping forces in trafficking in persons or the exploitation of victims of trafficking.'.
(2) REPORT BY SECRETARY OF STATE- At least 15 days prior to voting for a new or reauthorized peacekeeping mission under the auspices of the United Nations, the North Atlantic Treaty Organization, or any other multilateral organization in which the United States participates (or in an emergency, as far in advance as is practicable), the Secretary of State shall submit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and any other appropriate congressional committee a report that contains--
(A) a description of measures taken by the organization to prevent the organization's employees, contractor personnel, and peacekeeping forces serving in the peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation or abuse, and the measures in place to hold accountable any such individuals who engage in any such acts while participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each of the measures referred to in subparagraph (A).
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND CHILD LABOR.
(a) Activities of the Department of State-
(1) FINDING- Congress finds that in the report submitted to Congress by the Secretary of State in June 2005 pursuant to section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)), the list of countries whose governments do not comply with the minimum standards for the elimination of trafficking and are not making significant efforts to bring themselves into compliance was composed of a large number of countries in which the trafficking involved forced labor, including the trafficking of women into domestic servitude.
(2) SENSE OF CONGRESS- It is the sense of Congress that the Director of the Office to Monitor and Combat Trafficking of the Department of State should intensify the focus of the Office on forced labor in the countries described in paragraph (1) and other countries in which forced labor continues to be a serious human rights concern.
(b) Activities of the Department of Labor-
(1) IN GENERAL- The Secretary of Labor, acting through the head of the Bureau of International Labor Affairs of the Department of Labor, shall carry out additional activities to monitor and combat forced labor and child labor in foreign countries as described in paragraph (2).
(2) ADDITIONAL ACTIVITIES DESCRIBED- The additional activities referred to in paragraph (1) are--
(A) to monitor the use of forced labor and child labor in violation of international standards;
(B) to provide information regarding trafficking in persons for the purpose of forced labor to the Office to Monitor and Combat Trafficking of the Department of State for inclusion in trafficking in persons report required by section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b));
(C) to develop and make available to the public a list of goods from countries that the Bureau of International Labor Affairs has reason to believe are produced by forced labor or child labor in violation of international standards;
(D) to work with persons who are involved in the production of goods on the list described in subparagraph (C) to create a standard set of practices that will reduce the likelihood that such persons will produce goods using the labor described in such subparagraph; and
(E) to consult with other departments and agencies of the United States Government to reduce forced and child labor internationally and ensure that products made by forced labor and child labor in violation of international standards are not imported into the United States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program to Reduce Trafficking in Persons and Demand for Commercial Sex Acts in the United States-
(1) COMPREHENSIVE RESEARCH AND STATISTICAL REVIEW AND ANALYSIS OF INCIDENTS OF TRAFFICKING IN PERSONS AND COMMERCIAL SEX ACTS-
(A) IN GENERAL- The Attorney General shall use available data from State and local authorities as well as research data to carry out a biennial comprehensive research and statistical review and analysis of severe forms of trafficking in persons, and a biennial comprehensive research and statistical review and analysis of sex trafficking and unlawful commercial sex acts in the United States, and shall submit to Congress separate biennial reports on the findings.
(B) CONTENTS- The research and statistical review and analysis under this paragraph shall consist of two separate studies, utilizing the same statistical data where appropriate, as follows:
(i) The first study shall address severe forms of trafficking in persons in the United States and shall include, but need not be limited to--
(I) the estimated number and demographic characteristics of persons engaged in acts of severe forms of trafficking in persons; and
(II) the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in acts of severe forms of trafficking in persons by States and their political subdivisions.
(ii) The second study shall address sex trafficking and unlawful commercial sex acts in the United States and shall include, but need not be limited to--
(I) the estimated number and demographic characteristics of persons engaged in sex trafficking and commercial sex acts, including purchasers of commercial sex acts;
(II) the estimated value in dollars of the commercial sex economy, including the estimated average annual personal income derived from acts of sex trafficking;
(III) the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in sex trafficking and unlawful commercial sex acts, including purchasers of commercial sex acts, by States and their political subdivisions; and
(IV) a description of the differences in the enforcement of laws relating to unlawful commercial sex acts across the United States.
(2) TRAFFICKING CONFERENCE-
(A) IN GENERAL- The Attorney General, in consultation and cooperation with the Secretary of Health and Human Services, shall conduct an annual conference in each of the fiscal years 2006, 2007, and 2008, and thereafter conduct a biennial conference, addressing severe forms of trafficking in persons and commercial sex acts that occur, in whole or in part, within the territorial jurisdiction of the United States. At each such conference, the Attorney General, or his designee, shall--
(i) announce and evaluate the findings contained in the research and statistical reviews carried out under paragraph (1);
(ii) disseminate best methods and practices for enforcement of laws prohibiting acts of severe forms of trafficking in persons and other laws related to acts of trafficking in persons, including, but not limited to, best methods and practices for training State and local law enforcement personnel on the enforcement of such laws;
(iii) disseminate best methods and practices for training State and local law enforcement personnel on the enforcement of laws prohibiting sex trafficking and commercial sex acts, including, but not limited to, best methods for investigating and prosecuting exploiters and persons who solicit or purchase an unlawful commercial sex act; and
(iv) disseminate best methods and practices for training State and local law enforcement personnel on collaborating with social service providers and relevant nongovernmental organizations and establishing trust of persons subjected to commercial sex acts or severe forms of trafficking in persons.
(B) PARTICIPATION- Each annual conference conducted under this paragraph shall involve the participation of persons with expertise or professional responsibilities with relevance to trafficking in persons, including, but not limited to--
(i) Federal Government officials, including law enforcement and prosecutorial officials;
(ii) State and local government officials, including law enforcement and prosecutorial officials;
(iii) persons who have been subjected to severe forms of trafficking in persons or commercial sex acts;
(v) social service providers and relevant nongovernmental organizations; and
(C) REPORTS- The Attorney General and the Secretary of Health and Human Services shall prepare and post on the respective Internet Web sites of the Department of Justice and the Department of Health and Human Services reports on the findings and best practices identified and disseminated at the conference described in this paragraph.
(b) Termination of Certain Grants, Contracts, and Cooperative Agreements- Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended--
(1) by striking `Cooperative Agreements- ' and all that follows through `The President shall' and inserting `Cooperative Agreements- The President shall';
(2) by striking `described in paragraph (2)'; and
(3) by striking paragraph (2).
(c) Authorization of Appropriations- There are authorized to be appropriated--
(1) $2,500,000 for each of the fiscal years 2006 and 2007 to carry out the activities described in subsection (a)(1)(B)(i) and $2,500,000 for each of the fiscal years 2006 and 2007 to carry out the activities described in subsection (a)(1)(B)(ii); and
(2) $1,000,000 for each of the fiscal years 2006 through 2007 to carry out the activities described in subsection (a)(2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS SUBJECT TO TRAFFICKING.
(a) Grant Program- The Secretary of Health and Human Services may make grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victims' service organizations to establish, develop, expand, and strengthen assistance programs for United States citizens or aliens admitted for permanent residence who are the subject of sex trafficking or severe forms of trafficking in persons that occurs, in whole or in part, within the territorial jurisdiction of the United States.
(b) Selection Factor- In selecting among applicants for grants under subsection (a), the Secretary shall give priority to applicants with experience in the delivery of services to persons who have been subjected to sexual abuse or commercial sexual exploitation and to applicants who would employ survivors of sexual abuse or commercial sexual exploitation as a part of their proposed project.
(c) Limitation on Federal Share- The Federal share of a grant made under this section may not exceed 75 percent of the total costs of the projects described in the application submitted.
(d) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to carry out the activities described in this section.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) Establishment of Pilot Program- Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish and carry out a pilot program to establish residential treatment facilities in the United States for juveniles subjected to trafficking.
(b) Purposes- The purposes of the pilot program established pursuant to subsection (a) are to--
(1) provide benefits and services to juveniles subjected to trafficking, including shelter, psychological counseling, and assistance in developing independent living skills;
(2) assess the benefits of providing residential treatment facilities for juveniles subjected to trafficking, as well as the most efficient and cost-effective means of providing such facilities; and
(3) assess the need for and feasibility of establishing additional residential treatment facilities for juveniles subjected to trafficking.
(c) Selection of Sites- The Secretary of Health and Human Services shall select three sites at which to operate the pilot program established pursuant to subsection (a).
(d) Form of Assistance- In order to carry out the responsibilities of this section, the Secretary of Health and Human Services shall enter into contracts with, or make grants to, organizations that--
(1) have relevant expertise in the delivery of services to juveniles who have been subjected to sexual abuse or commercial sexual exploitation; or
(2) have entered into partnerships with organizations that have expertise as described in paragraph (1) for the purpose of implementing the contracts or grants.
(e) Report- Not later than one year after the date on which the first pilot program is established pursuant to subsection (a), the Secretary of Health and Human Services shall submit to Congress a report on the implementation of this section.
(f) Definition- In this section, the term `juvenile subjected to trafficking' means a United States citizen, or alien admitted for permanent residence, who is the subject of sex trafficking or severe forms of trafficking in persons that occurs, in whole or in part, within the territorial jurisdiction of the United States and who has not attained 18 years of age at the time the person is identified as having been the subject of sex trafficking or severe forms of trafficking in persons.
(g) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section $5,000,000 for each of the fiscal years 2006 and 2007.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN PERSONS.
(a) Establishment of Grant Program for Law Enforcement-
(1) IN GENERAL- The Attorney General may make grants to States and local law enforcement agencies to establish, develop, expand, or strengthen programs--
(A) to investigate and prosecute acts of severe forms of trafficking in persons, and related offenses, which involve United States citizens, or aliens admitted for permanent residence, and that occur, in whole or in part, within the territorial jurisdiction of the United States;
(B) to investigate and prosecute persons who engage in the purchase of commercial sex acts;
(C) to educate persons charged with, or convicted of, purchasing or attempting to purchase commercial sex acts; and
(D) to educate and train law enforcement personnel in how to establish trust of persons subjected to trafficking and encourage cooperation with prosecution efforts.
(2) DEFINITION- In this subsection, the term `related offenses' includes violations of tax laws, transacting in illegally derived proceeds, money laundering, racketeering, and other violations of criminal laws committed in connection with an act of sex trafficking or a severe form of trafficking in persons.
(b) Multi-Disciplinary Approach Required- Grants under subsection (a) may be made only for programs in which the State or local law enforcement agency works collaboratively with social service providers and relevant nongovernmental organizations, including organizations with experience in the delivery of services to persons who are the subject of trafficking in persons.
(c) Limitation on Federal Share- The Federal share of a grant made under this section may not exceed 75 percent of the total costs of the projects described in the application submitted.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of the fiscal years 2006 and 2007.
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (F), by striking `and' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following new subparagraph:
`(G) the amount, recipient, and purpose of each grant under sections 202 and 204 of the Trafficking Victims Protection Act of 2005; and'.
SEC. 206. SENIOR POLICY OPERATING GROUP.
Each Federal department or agency involved in grant activities related to combatting trafficking or providing services to persons subjected to trafficking inside the United States shall, as the department or agency determines appropriate, apprise the Senior Policy Operating Group established by section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)), under the procedures established by the Senior Policy Operating Group, of such activities of the department or agency to ensure that the activities are consistent with the purposes of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
SEC. 207. DEFINITIONS.
(1) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of trafficking in persons' has the meaning given the term in section 103(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(8)).
(2) SEX TRAFFICKING- The term `sex trafficking' has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
(3) COMMERCIAL SEX ACT- The term `commercial sex act' has the meaning given the term in section 103(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3)).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--
(A) by striking `and $5,000,000' and inserting `$5,000,000';
(B) by adding at the end before the period the following: `, and $5,500,000 for each of the fiscal years 2006 and 2007'; and
(C) by further adding at the end the following new sentence: `In addition, there are authorized to be appropriated to the Office to Monitor and Combat Trafficking for official reception and representation expenses $3,000 for each of the fiscal years 2006 and 2007.';
(2) in subsection (b), by striking `2004 and 2005' and inserting `2004, 2005, 2006, and 2007';
(3) in subsection (c)(1), by striking `2004 and 2005' each place it appears and inserting `2004, 2005, 2006, and 2007';
(4) in subsection (d), by striking `2004 and 2005' each place it appears and inserting `2004, 2005, 2006, and 2007';
(A) in paragraphs (1) and (2), by striking `2003 through 2005' and inserting `2003 through 2007'; and
(B) in paragraph (3), by striking `$300,000 for fiscal year 2004 and $300,000 for fiscal year 2005' and inserting `$300,000 for each of the fiscal years 2004 through 2007';
(6) in subsection (f), by striking `2004 and 2005' and inserting `2004, 2005, 2006, and 2007'; and
(7) by adding at the end the following new subsections:
`(h) Authorization of Appropriations to Director of the FBI- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation $15,000,000 for fiscal year 2006, to remain available until expended, to investigate severe forms of trafficking in persons.
`(i) Authorization of Appropriations to the Secretary of Homeland Security- There are authorized to be appropriated to the Secretary of Homeland Security, $18,000,000 for each of the fiscal years 2006 and 2007, to remain available until expended, for investigations by the Bureau of Immigration and Customs Enforcement of severe forms of trafficking in persons.'.
Passed the House of Representatives December 14, 2005.
Attest:
Clerk.
109th CONGRESS
1st Session
H. R. 972
AN ACT
To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.
END