[109th Congress Public Law 164]
[From the U.S. Government Printing Office]
[DOCID: f:publ164.109]
[[Page 3557]]
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005
[[Page 119 STAT. 3558]]
Public Law 109-164
109th Congress
An Act
To authorize appropriations for fiscal years 2006 and 2007 for the
Trafficking Victims Protection Act of 2000, and for other
purposes. <<NOTE: Jan. 10, 2006 - [H.R. 972]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Trafficking Victims
Protection Reauthorization Act of 2005. Women. Children and youth. 22
USC 7101 note.>> 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.
Sec. 2. Findings.
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.
Sec. 207. Definitions.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. <<NOTE: 22 USC 7101 note.>> 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
[[Page 119 STAT. 3559]]
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.
[[Page 119 STAT. 3560]]
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.''.
(b) Study and Report.--
(1) Study.--
(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
[[Page 119 STAT. 3561]]
have access to information about federally funded or administered anti-
trafficking programs that provide services to victims of severe forms of
trafficking.''.
(b) <<NOTE: 22 USC 7105 note.>> Establishment of Pilot Program for
Residential Rehabilitative Facilities for Victims of Trafficking.--
(1) Study.--
(A) <<NOTE: Deadline.>> 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) <<NOTE: Contracts. Grants.>> 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
[[Page 119 STAT. 3562]]
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
``Sec.
``3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United
States.
``3272. Definitions.
``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--
``(A) a dependant of--
``(i) a civilian employee of the Federal
Government; or
[[Page 119 STAT. 3563]]
``(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:
``212A. Extraterritorial jurisdiction over certain trafficking in
persons offenses.................................................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:
``2428. Forfeitures.''.
[[Page 119 STAT. 3564]]
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) <<NOTE: 22 USC 7106 note.>> 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.
(c) Research.--
(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
[[Page 119 STAT. 3565]]
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.''.
(2) Report.--
(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
[[Page 119 STAT. 3566]]
(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) <<NOTE: 22 USC 7111.>> 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. <<NOTE: 22 USC 7112.>> 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).
[[Page 119 STAT. 3567]]
(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) <<NOTE: Public information.>> 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) <<NOTE: Standards.>> 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. <<NOTE: 42 USC 14044.>> 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) <<NOTE: Reports.>> 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
[[Page 119 STAT. 3568]]
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
[[Page 119 STAT. 3569]]
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;
(iv) medical personnel;
(v) social service providers and relevant
nongovernmental organizations; and
(vi) academic experts.
(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. <<NOTE: 42 USC 14044a.>> 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.
[[Page 119 STAT. 3570]]
(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. <<NOTE: 42 USC 14044b.>> PROTECTION OF JUVENILE VICTIMS OF
TRAFFICKING IN PERSONS.
(a) <<NOTE: Deadline.>> 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.
[[Page 119 STAT. 3571]]
SEC. 204. <<NOTE: Inter- governmental relations. 42 USC
14044c.>> 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. <<NOTE: 42 USC 14044d.>> 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)),
[[Page 119 STAT. 3572]]
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. <<NOTE: 42 USC 14044e.>> DEFINITIONS.
In this title:
(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--
(1) in subsection (a)--
(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'';
(5) in subsection (e)--
(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.
[[Page 119 STAT. 3573]]
``(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.''.
Approved January 10, 2006.
LEGISLATIVE HISTORY--H.R. 972:
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HOUSE REPORTS: No. 109-317, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 14, considered and passed House.
Dec. 21, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Jan. 10, Presidential statement and remarks.
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