William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008/Title II/Subtitle B

by United States Congress

==Subtitle B—Assistance for Trafficking Victims==

SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STATUS APPLICANTS.

(a) In General- Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--

(1) in paragraph (2)(B), by striking `or' at the end;

(2) in paragraph (3)(B), by striking the period at the end and inserting `; or'; and

(3) by inserting after paragraph (3) the following:

`(4) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status.'.

(b) Effective Date- The amendments made by subsection (a) shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations have been implemented to carry out such amendments.

SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.

(a) In General- Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended--

(1) in subparagraph (E)(i)(I), by inserting `or is unable to cooperate with such a request due to physical or psychological trauma' before the semicolon; and

(2) by adding at the end the following:

`(F) ELIGIBILITY FOR INTERIM ASSISTANCE OF CHILDREN-

`(i) DETERMINATION- Upon receiving credible information that a child described in subparagraph (C)(ii)(I) who is seeking assistance under this paragraph may have been subjected to a severe form of trafficking in persons, the Secretary of Health and Human Services shall promptly determine if the child is eligible for interim assistance under this paragraph. The Secretary shall have exclusive authority to make interim eligibility determinations under this clause. A determination of interim eligibility under this clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking.

`(ii) NOTIFICATION- The Secretary of Health and Human Services shall notify the Attorney General and the Secretary of Homeland Security not later than 24 hours after all interim eligibility determinations have been made under clause (i).

`(iii) DURATION- Assistance under this paragraph may be provided to individuals determined to be eligible under clause (i) for a period of up to 90 days and may be extended for an additional 30 days.

`(iv) LONG-TERM ASSISTANCE FOR CHILDREN-

`(I) ELIGIBILITY DETERMINATION- Before the expiration of the period for interim assistance under clause (iii), the Secretary of Health and Human Services shall determine if the child referred to in clause (i) is eligible for assistance under this paragraph.

`(II) CONSULTATION- In making a determination under subclause (I), the Secretary shall consult with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form of trafficking.

`(III) LETTER OF ELIGIBILITY- If the Secretary, after receiving information the Secretary believes, taken as a whole, indicates that the child is eligible for assistance under this paragraph, the Secretary shall issue a letter of eligibility. The Secretary may not require that the child cooperate with law enforcement as a condition for receiving such letter of eligibility.

`(G) NOTIFICATION OF CHILDREN FOR INTERIM ASSISTANCE- Not later than 24 hours after a Federal, State, or local official discovers that a person who is under 18 years of age may be a victim of a severe form of trafficking in persons, the official shall notify the Secretary of Health and Human Services to facilitate the provision of interim assistance under subparagraph (F).'.

(b) Training of Government Personnel- Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended--

(1) by inserting `, the Department of Homeland Security, the Department of Health and Human Services,' after `the Department of State'; and

(2) by inserting `, including juvenile victims. The Attorney General and the Secretary of Health and Human Services shall provide training to State and local officials to improve the identification and protection of such victims' before the period at the end.

SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN PERSONS.

(a) Amendments to Trafficking Victims Protection Act of 2000-

(1) ASSISTANCE FOR UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS- Section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended by inserting after subsection (e) the following:

`(f) Assistance for United States Citizens and Lawful Permanent Residents-

`(1) IN GENERAL- The Secretary of Health and Human Services and the Attorney General, in consultation with the Secretary of Labor, shall establish a program to assist United States citizens and aliens lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) who are victims of severe forms of trafficking. In determining the assistance that would be most beneficial for such victims, the Secretary and the Attorney General shall consult with nongovernmental organizations that provide services to victims of severe forms of trafficking in the United States.

`(2) USE OF EXISTING PROGRAMS- In addition to specialized services required for victims described in paragraph (1), the program established pursuant to paragraph (1) shall--

`(A) facilitate communication and coordination between the providers of assistance to such victims;

`(B) provide a means to identify such providers; and

`(C) provide a means to make referrals to programs for which such victims are already eligible, including programs administered by the Department of Justice and the Department of Health and Human Services.

`(3) GRANTS-

`(A) IN GENERAL- The Secretary of Health and Human Services and the Attorney General may award grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victim service organizations to develop, expand, and strengthen victim service programs authorized under this subsection.

`(B) MAXIMUM FEDERAL SHARE- The Federal share of a grant awarded under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted by the grantee.'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--

(A) in subsection (b)--

(i) by striking `To carry out' and inserting the following:

`(1) ELIGIBILITY FOR BENEFITS AND ASSISTANCE- To carry out'; and

(ii) by adding at the end the following:

`(2) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS- To carry out the purposes of section 107(f), there are authorized to be appropriated to the Secretary of Health and Human Services--

`(A) $2,500,000 for fiscal year 2008;

`(B) $5,000,0000 for fiscal year 2009;

`(C) $7,000,000 for fiscal year 2010; and

`(D) $7,000,000 for fiscal year 2011.'; and

(B) in subsection (d)--

(i) by striking `To carry out the purposes of section 107(b)' and inserting the following:

`(A) ELIGIBILITY FOR BENEFITS AND ASSISTANCE- To carry out the purposes of section 107(b)';

(ii) by striking `To carry out the purposes of section 134' and inserting the following:

`(B) ASSISTANCE TO FOREIGN COUNTRIES- To carry out the purposes of section 134'; and

(iii) by adding at the end the following:

`(C) ADDITIONAL BENEFITS FOR TRAFFICKING VICTIMS- To carry out the purposes of section 107(f), there are authorized to be appropriated to the Attorney General--

`(i) $2,500,000 for fiscal year 2008;

`(ii) $5,000,0000 for fiscal year 2009;

`(iii) $7,000,000 for fiscal year 2010; and

`(iv) $7,000,000 for fiscal year 2011.'.

(3) TECHNICAL ASSISTANCE- Section 107(b)(2)(B)(ii) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is amended to read as follows:

`(ii) 5 percent for training and technical assistance, including increasing capacity and expertise on security for and protection of service providers from intimidation or retaliation for their activities.'.

(b) Study-

(1) REQUIREMENT- Not later than 1 year after the date of the enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall submit a report to the appropriate congressional committees that identifies the existence and extent of any service gap between victims described in section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) and individuals described in section 107(f) of such Act, as amended by section 213(a) of this Act.

(2) ELEMENTS- In carrying out the study under subparagraph (1), the Attorney General and the Secretary of Health and Human Services shall--

(A) investigate factors relating to the legal ability of the victims described in paragraph (1) to access 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 the victims described in paragraph (1) to government-funded social services;

(C) investigate any impediments to the access of the victims described in paragraph (1) to government-funded services targeted to victims of severe forms of trafficking;

(D) investigate the effect of trafficking service-provider infrastructure development, continuity of care, and availability of caseworkers on the eventual restoration and rehabilitation of the victims described in paragraph (1); and

(E) include findings, best practices, and recommendations, if any, based on the study of the elements described in subparagraphs (A) through (D) and any other related information.