(d) ADJUSTMENT OF STATUS FOR TRAFFICKING VIC-
TIMS.—Section 245(l) of the Immigration and Nationality 
Act (8 U.S.C. 1255(l)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘the Attorney General,,’’ and 
inserting ‘‘in the opinion of the Secretary of 
Homeland Security, in consultation with the At-
torney General, as appropriate’’; 
(B) in subparagraph (B)— 
(i) by inserting ‘‘subject to paragraph 
(6),’’ after ‘‘(B)’’; and 
(ii) by striking ‘‘, and’’ and inserting 
‘‘; and’’; and 
(C) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘, or’’ and 
inserting a semicolon; 
(ii) in clause (ii), by striking ‘‘, or in 
the case of subparagraph (C)(i), the Attor-
ney General, as appropriate’’; and 
(iii) by striking the period at the end 
and inserting the following: ‘‘; or 
‘‘(iii) was younger than 18 years of 
age at the time of the victimization quali-
fying the alien for relief under section 
101(a)(15)(T).’’; 
(2) in paragraph (3), by striking the period at 
the end and inserting the following: ‘‘, unless— 
‘‘(A) the absence was necessary to assist in the 
investigation or prosecution described in paragraph 
(1)(A); or 
‘‘(B) an official involved in the investigation or 
prosecution certifies that the absence was otherwise 
justified.’’; and 
(3) by adding at the end the following: 
‘‘(6) For purposes of paragraph (1)(B), the Secretary 
of Homeland Security may waive consideration of a dis-
qualification from good moral character with respect to 
an alien if the disqualification was caused by, or incident 
to, the trafficking described in section 101(a)(15)(T)(i)(I). 
‘‘(7) The Secretary of Homeland Security shall per-
mit aliens to apply for a waiver of any fees associated with 
filing an application for relief through final adjudication 
of the adjustment of status for a VAWA self-petitioner 
and 
for 
relief 
under 
sections 
101(a)(15)(T), 
101(a)(15)(U), 106, 240A(b)(2), and 244(a)(3) (as in ef-
fect on March 31, 1997).’’.
(e) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 
Section 245(m) of the Immigration and Nationality Act 
(8 U.S.C. 1255(m)) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘unless the Attorney 
General’’ and inserting ‘‘unless the Secretary’’; and 
(2) by adding at the end the following: 
‘‘(5)(A) The Secretary of Homeland Security shall 
consult with the Attorney General, as appropriate, in mak-
ing a determination under paragraph (1) whether affirma-
tive evidence demonstrates that the alien unreasonably re-
fused to provide assistance to a Federal law enforcement 
official, Federal prosecutor, Federal judge, or other Fed-
eral authority investigating or prosecuting criminal activ-
ity described in section 101(a)(15)(U)(iii). 
‘‘(B) Nothing in paragraph (1)(B) may be construed 
to prevent the Secretary from consulting with the Attorney 
General in making a determination whether affirmative 
evidence demonstrates that the alien unreasonably refused 
to provide assistance to a State or local law enforcement 
official, State or local prosecutor, State or local judge, or 
other State or local authority investigating or prosecuting 
criminal activity described in section 101(a)(15)(U)(iii).’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall—
(1) take effect on the date of enactment of the 
Act; and 
(2) apply to applications for immigration bene-
fits filed on or after such date. 
SEC. 202. PROTECTIONS FOR DOMESTIC WORKERS AND 
OTHER NONIMMIGRANTS. 
(a) INFORMATION PAMPHLET.— 
(1) DEVELOPMENT
AND
DISTRIBUTION.—The 
Secretary of State, in consultation with the Sec-
retary of Homeland Security, the Attorney General, 
and the Secretary of Labor, shall develop an infor-
mation pamphlet on legal rights and resources for 
aliens applying for employment- or education-based 
nonimmigrant visas. 
(2) CONSULTATION.—In developing the infor-
mation pamphlet under paragraph (1), the Secretary 
of State shall consult with nongovernmental organi-
zations with expertise on the legal rights of workers 
and victims of severe forms of trafficking in persons. 
(b) CONTENTS.—The information pamphlet devel-
oped under subsection (a) shall include information con-
cerning items such as— 
(1) the nonimmigrant visa application proc-
esses, including information about the portability of 
employment;
(2) the legal rights of employment or education- 
based nonimmigrant visa holders under Federal im-
migration, labor, and employment law; 
(3) the illegality of slavery, peonage, trafficking 
in persons, sexual assault, extortion, blackmail, and 
worker exploitation in the United States; 
(4) the legal rights of immigrant victims of 
trafficking in persons and worker exploitation, in-
cluding— 
(A) the right of access to immigrant and 
labor rights groups; 
(B) the right to seek redress in United 
States courts; 
(C) the right to report abuse without retal-
iation; 
(D) the right of the nonimmigrant to relin-
quish possession of his or her passport to his or 
her employer; 
(E) the requirement of an employment 
contract between the employer and the non-
immigrant; and 
(F) an explanation of the rights and pro-
tections included in the contract described in 
subparagraph (E); and
(5) information about nongovernmental organi-
zations that provide services for victims of traf-
ficking in persons and worker exploitation, includ-
ing— 
(A) anti-trafficking in persons telephone 
hotlines operated by the Federal Government; 
(B) the Operation Rescue and Restore hot-
line; and 
(C) a general description of the types of 
victims services available for individuals subject 
to trafficking in persons or worker exploitation. 
(c) TRANSLATION.— 
(1) IN GENERAL.—To best serve the language 
groups having the greatest concentration of employ-
ment-based nonimmigrant visas, the Secretary of 
State shall translate the information pamphlet devel-
oped under subsection (a) into all relevant foreign 
languages, to be determined by the Secretary based 
on the languages spoken by the greatest concentra-
tions of employment- or education-based non-
immigrant visa applicants. 
(2) REVISION.—Every 2 years, the Secretary of 
State, in consultation with the Attorney General and 
the Secretary of Homeland Security, shall determine 
the specific languages into which the information
pamphlet will be translated based on the languages 
spoken 
by 
the 
greatest 
concentrations 
of 
employment- or education-based nonimmigrant visa 
applicants. 
(d) AVAILABILITY AND DISTRIBUTION.— 
(1) POSTING ON FEDERAL WEBSITES.—The in-
formation pamphlet developed under subsection (a) 
shall be posted on the websites of the Department 
of State, the Department of Homeland Security, the 
Department of Justice, the Department of Labor, 
and all United States consular posts processing ap-
plications for employment- or education-based non-
immigrant visas. 
(2) OTHER
DISTRIBUTION.—The information 
pamphlet developed under subsection (a) shall be 
made available to any— 
(A) government agency; 
(B) nongovernmental advocacy organiza-
tion; or 
(C) foreign labor broker doing business in 
the United States. 
(3) DEADLINE FOR PAMPHLET DEVELOPMENT 
AND DISTRIBUTION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of State shall distribute and make available the in-
formation pamphlet developed under subsection (a) 
in all the languages referred to in subsection (c). 
(e) RESPONSIBILITIES OF CONSULAR OFFICERS OF 
THE DEPARTMENT OF STATE.— 
(1) INTERVIEWS.—A consular officer con-
ducting an interview of an alien for an employment- 
based nonimmigrant visa shall— 
(A)(i) confirm that the alien has received, 
read, and understood the contents of the pam-
phlet described in subsections (a) and (b); and 
(ii) if the alien has not received, read, or 
understood the contents of the pamphlet de-
scribed in subsections (a) and (b), distribute 
and orally disclose to the alien the information 
described in paragraphs (2) and (3) in a lan-
guage that the alien understands; and 
(B) offer to answer any questions the alien 
may have regarding the contents of the pam-
phlet described in subsections (a) and (b). 
(2) LEGAL RIGHTS.—The consular officer shall 
disclose to the alien— 
(A) the legal rights of employment-based 
nonimmigrants under Federal immigration, 
labor, and employment laws;
(B) the illegality of slavery, peonage, traf-
ficking in persons, sexual assault, extortion, 
blackmail, and worker exploitation in the 
United States; and 
(C) the legal rights of immigrant victims of 
trafficking in persons, worker exploitation, and 
other related crimes, including— 
(i) the right of access to immigrant 
and labor rights groups; 
(ii) the right to seek redress in United 
States courts; and 
(iii) the right to report abuse without 
retaliation. 
(3) VICTIM SERVICES.—In carrying out the dis-
closure requirement under this subsection, the con-
sular officer shall disclose to the alien the avail-
ability of services for victims of human trafficking 
and worker exploitation in the United States, includ-
ing victim services complaint hotlines. 
(f) DEFINITIONS.—In this section: 
(1) EMPLOYMENT- OR EDUCATION-BASED NON-
IMMIGRANT VISA.—The term ‘‘employment- or edu-
cation-based nonimmigrant visa’’ means— 
(A) a nonimmigrant visa issued under sub-
paragraph (A)(iii), (G)(v), (H), or (J) of section
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)); and 
(B) any nonimmigrant visa issued to a per-
sonal or domestic servant who is accompanying 
or following to join an employer. 
(2) SEVERE FORMS OF TRAFFICKING IN PER-
SONS.—The term ‘‘severe forms of trafficking in 
persons’’ has the meaning given the term in section 
103 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
(4) ABUSING
AND
EXPLOITING.—The term 
‘‘abusing and exploiting’’ means any conduct which 
would constitute a violation of section 1466A, 1589, 
1591, 1592, 2251, or 2251A of title 18, United 
States Code. 
SEC. 203. PROTECTIONS, REMEDIES, AND LIMITATIONS ON 
ISSUANCE FOR A–3 AND G–5 VISAS. 
(a) LIMITATIONS ON ISSUANCE OF A–3 AND G–5 
VISAS.— 
(1) 
CONTRACT
REQUIREMENT.—Notwith-
standing any other provision of law, the Secretary of 
State may not issue—
(A) an A–3 visa unless the applicant is em-
ployed, or has signed a contract to be employed 
containing the requirements set forth in sub-
section (d)(2), by an officer of a diplomatic mis-
sion or consular post; or 
(B) a G–5 visa unless the applicant is em-
ployed, or has signed a contract to be employed 
by an employee in an international organiza-
tion. 
(2) 
SUSPENSION
REQUIREMENT.—Notwith-
standing any other provision of law, the Secretary 
shall suspend, for such period as the Secretary de-
termines necessary, the issuance of A–3 visas or G– 
5 visas to applicants seeking to work for officials of 
a diplomatic mission or an international organiza-
tion, if the Secretary determines that there is cred-
ible evidence that 1 or more employees of such mis-
sion or international organization have abused or ex-
ploited 1 or more nonimmigrants holding an A–3 
visa or a G–5 visa, and that the diplomatic mission 
or international organization tolerated such actions. 
(3) ACTION
BY
DIPLOMATIC
MISSIONS
OR 
INTERNATIONAL
ORGANIZATIONS.—The Secretary 
may suspend the application of the limitation under 
paragraph (2) if the Secretary determines and re-
ports to the appropriate congressional committees 
that a mechanism is in place to ensure that such 
abuse or exploitation does not reoccur with respect 
to any alien employed by an employee of such mis-
sion or institution. 
(b) PROTECTIONS AND REMEDIES FOR A–3 AND G– 
5 NONIMMIGRANTS
EMPLOYED
BY
DIPLOMATS
AND 
STAFF OF INTERNATIONAL ORGANIZATIONS.— 
(1) IN GENERAL.—The Secretary may not issue 
or renew an A–3 visa or a G–5 visa unless— 
(A) the visa applicant has executed a con-
tract with the employer or prospective employer 
containing provisions described in paragraph 
(2); and 
(B) a consular officer has conducted a per-
sonal interview with the applicant outside the 
presence of the employer or any recruitment 
agent in which the officer reviewed the terms of 
the contract and the provisions of the pamphlet 
required under section 202. 
(2) MANDATORY CONTRACT.—The contract be-
tween the employer and domestic worker required 
under paragraph (1) shall include—
(A) an agreement by the employer to abide 
by all Federal, State, and local laws in the 
United States; 
(B) information on the frequency and form 
of payment, work duties, weekly work hours, 
holidays, sick days, and vacation days; and 
(C) an agreement by the employer not to 
withhold the passport, employment contract, or 
other personal property of the employee. 
(3) TRAINING OF CONSULAR OFFICERS.—The 
Secretary shall provide appropriate training to con-
sular officers on the fair labor standards described 
in the pamphlet required under section 202, traf-
ficking in persons, and the provisions of this section. 
(4) RECORD KEEPING.— 
(A) IN
GENERAL.—The Secretary shall 
maintain records on the presence of non-
immigrants holding an A–3 visa or a G–5 visa 
in the United States, including— 
(i) information about when the non-
immigrant entered and permanently exited 
the country of residence; 
(ii) the official title, contact informa-
tion, and immunity level of the employer; 
and
(iii) information regarding any allega-
tions of employer abuse received by the 
Department of State. 
(c) PROTECTION FROM REMOVAL DURING LEGAL 
ACTIONS AGAINST FORMER EMPLOYERS.— 
(1) REMAINING
IN
THE
UNITED
STATES
TO 
SEEK LEGAL REDRESS.— 
(A) EFFECT OF COMPLAINT FILING.—Ex-
cept as provided in subparagraph (B), if a non-
immigrant holding an A–3 visa or a G–5 visa 
working in the United States files a civil action 
under section 1595 of title 18, United States 
Code, or a civil action regarding a violation of 
any of the terms contained in the contract or 
violation of any other Federal, State, or local 
law in the United States governing the terms 
and conditions of employment of the non-
immigrant that are associated with acts covered 
by such section, the Attorney General and the 
Secretary of Homeland Security shall permit 
the nonimmigrant to remain legally in the 
United States for time sufficient to fully and ef-
fectively participate in all legal proceedings re-
lated to such action.
(B) EXCEPTION.—An alien described in 
subparagraph (A) may be deported before the 
conclusion of the legal proceedings related to a 
civil action described in such subparagraph if 
such alien is— 
(i) 
inadmissible 
under 
paragraph 
(2)(A)(i)(II), 
(2)(B), 
(2)(C), 
(2)(E), 
(2)(H), 
(2)(I), 
(3)(A)(i), 
(3)(A)(iii), 
(3)(B), (3)(C), or (3)(F) of section 212(a) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)); or 
(ii) 
deportable 
under 
paragraph 
(2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii), 
(4)(B), or (4)(C) of section 237(a) of such 
Act (8 U.S.C. 1227(a)). 
(C) FAILURE
TO
EXERCISE
DUE
DILI-
GENCE.—If the Secretary of Homeland Secu-
rity, after consultation with the Attorney Gen-
eral, determines that the nonimmigrant holding 
an A–3 visa or a G–5 visa has failed to exercise 
due diligence in pursuing an action described in 
subparagraph (A), the Secretary may terminate 
the status of the A–3 or G–5 nonimmigrant. 
(2) AUTHORIZATION TO WORK.—The Attorney 
General and the Secretary of Homeland Security
shall authorize any nonimmigrant described in para-
graph (1) to engage in employment in the United 
States during the period the nonimmigrant is in the 
United States pursuant to paragraph (1). 
(d) STUDY AND REPORT.— 
(1) INVESTIGATION REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, and every 2 years thereafter for the fol-
lowing 10 years, the Secretary shall submit a 
report to the appropriate congressional commit-
tees on the implementation of this section. 
(B) CONTENTS.—The report submitted 
under subparagraph (A) shall include— 
(i) an assessment of the actions taken 
by the Department of State and the De-
partment of Justice to investigate allega-
tions of trafficking or abuse of non-
immigrants holding an A–3 visa or a G–5 
visa; and 
(ii) the results of such investigations. 
(2) FEASIBILITY OF OVERSIGHT OF EMPLOYEES 
OF DIPLOMATS AND REPRESENTATIVES OF OTHER 
INSTITUTIONS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit a report to the appropriate con-
gressional committees on the feasibility of— 
(A) establishing a system to monitor the 
treatment of nonimmigrants holding an A–3 
visa or a G–5 visa who have been admitted to 
the United States; 
(B) a range of compensation approaches, 
such as a bond program, compensation fund, or 
insurance scheme, to ensure that such non-
immigrants receive appropriate compensation if 
their employers violate the terms of their em-
ployment contracts; and 
(C) with respect to each proposed com-
pensation approach described in subparagraph 
(B), an evaluation and proposal describing the 
proposed processes for— 
(i) adjudicating claims of rights viola-
tions; 
(ii) determining the level of compensa-
tion; and 
(iii) administering the program, fund, 
or scheme. 
(e) ASSISTANCE TO LAW ENFORCEMENT INVESTIGA-
TIONS.—The Secretary shall cooperate, to the fullest ex-
tent possible consistent with the United States obligations
under the Vienna Convention on Diplomatic Relations, 
done at Vienna, April 18, 1961, (23 U.S.T. 3229), with 
any investigation by United States law enforcement au-
thorities of crimes related to abuse or exploitation of a 
nonimmigrant holding an A–3 visa or a G–5 visa. 
(f) DEFINITIONS.—In this section: 
(1) A–3 VISA.—The term ‘‘A–3 visa’’ means a 
nonimmigrant visa issued pursuant to section 
101(a)(15)(A)(iii) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(A)(iii)). 
(2) G–5 VISA.—The term ‘‘G–5 visa’’ means a 
nonimmigrant visa issued pursuant to section 
101(a)(15)(G)(v) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(G)(v)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on the Judiciary of the Sen-
ate.
SEC. 204. RELIEF FOR CERTAIN VICTIMS PENDING AC-
TIONS ON PETITIONS AND APPLICATIONS 
FOR RELIEF. 
Section 237 of the Immigration and Nationality Act 
(8 U.S.C. 1227) is amended by adding at the end the fol-
lowing: 
‘‘(d)(1) If the Secretary of Homeland Security deter-
mines that an application for nonimmigrant status under 
subparagraph (T) or (U) of section 101(a)(15) filed for 
an alien in the United States sets forth a prima facie case 
for approval, the Secretary may grant the alien an admin-
istrative stay of a final order of removal under section 
241(c)(2) until— 
‘‘(A) the application for nonimmigrant status 
under such subparagraph (T) or (U) is approved; or 
‘‘(B) there is a final administrative denial of 
the application for such nonimmigrant status after 
the exhaustion of administrative appeals. 
‘‘(2) The denial of a request for an administrative 
stay of removal under this subsection shall not preclude 
the alien from applying for a stay of removal, deferred 
action, or a continuance or abeyance of removal pro-
ceedings under any other provision of the immigration 
laws of the United States. 
‘‘(3) During any period in which the administrative 
stay of removal is in effect, the alien shall not be removed.
‘‘(4) Nothing in this subsection may be construed to 
limit the authority of the Secretary of Homeland Security 
or the Attorney General to grant a stay of removal or de-
portation in any case not described in this subsection.’’. 
SEC. 205. EXPANSION OF AUTHORITY TO PERMIT CONTIN-
UED PRESENCE IN THE UNITED STATES. 
(a) EXPANSION OF AUTHORITY.— 
(1) IN
GENERAL.—Section 107(c)(3) of the 
Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(c)(3)) is amended to read as follows: 
‘‘(3) AUTHORITY TO PERMIT CONTINUED PRES-
ENCE IN THE UNITED STATES.— 
‘‘(A) TRAFFICKING VICTIMS.— 
‘‘(i) IN GENERAL.—If a Federal law 
enforcement official files an application 
stating that an alien is a victim of a severe 
form of trafficking and may be a potential 
witness to such trafficking, the Secretary 
of Homeland Security may permit the alien 
to remain in the United States to facilitate 
the investigation and prosecution of those 
responsible for such crime. 
‘‘(ii) 
SAFETY.—While 
investigating 
and prosecuting suspected traffickers, Fed-
eral law enforcement officials described in
clause (i) shall endeavor to make reason-
able efforts to protect the safety of traf-
ficking victims, including taking measures 
to protect trafficked persons and their 
family members from intimidation, threats 
of reprisals, and reprisals from traffickers 
and their associates. 
‘‘(iii) 
CONTINUATION
OF
PRES-
ENCE.—The Secretary shall permit an 
alien described in clause (i) who has filed 
a civil action under section 1595 of title 
18, United States Code, to remain in the 
United States until such action is con-
cluded. If the Secretary, in consultation 
with the Attorney General, determines that 
the alien has failed to exercise due dili-
gence in pursuing such action, the Sec-
retary may revoke the order permitting the 
alien to remain in the United States. 
‘‘(iv) 
EXCEPTION.—Notwithstanding 
clause (iii), an alien described in such 
clause may be deported before the conclu-
sion of the administrative and legal pro-
ceedings related to a complaint described 
in such clause if such alien is inadmissible
under paragraph (2)(A)(i)(II), (2)(B), 
(2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), 
(3)(A)(iii), (3)(B), or (3)(C) of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)). 
‘‘(B) PAROLE FOR RELATIVES.—Law en-
forcement officials may submit written requests 
to the Secretary of Homeland Security, in ac-
cordance with section 240A(b)(6) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(6)), to permit the parole into the 
United States of certain relatives of an alien de-
scribed in subparagraph (A)(i). 
‘‘(C) STATE AND LOCAL LAW ENFORCE-
MENT.—The Secretary of Homeland Security, 
in consultation with the Attorney General, 
shall— 
‘‘(i) develop materials to assist State 
and local law enforcement officials in work-
ing with Federal law enforcement to obtain 
continued presence for victims of a severe 
form of trafficking in cases investigated or 
prosecuted at the State or local level; and
‘‘(ii) distribute the materials devel-
oped under clause (i) to State and local 
law enforcement officials.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)— 
(A) shall take effect on the date of the en-
actment of this Act; 
(B) shall apply to pending requests for 
continued presence filed pursuant to section 
107(c)(3) of the Trafficking Victims Protection 
Act (22 U.S.C. 7105(c)(3)) and requests filed 
on or after such date; and 
(C) may not be applied to an alien who is 
not present in the United States. 
(b) PAROLE FOR DERIVATIVES OF TRAFFICKING VIC-
TIMS.—Section 240A(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1229b(b)) is amended by adding at 
the end the following: 
‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 
‘‘(A) IN GENERAL.—Upon written request 
by a law enforcement official, the Secretary of 
Homeland Security may parole under section 
212(d)(5) any alien who is a relative of an alien 
granted continued presence under section 
107(c)(3)(A) of the Trafficking Victims Protec-
tion Act (22 U.S.C. 7105(c)(3)(A)), if the rel-
ative— 
‘‘(i) was, on the date on which law en-
forcement applied for such continued pres-
ence— 
‘‘(I) in the case of an alien grant-
ed continued presence who is under 
21 years of age, the spouse, child, 
parent, or unmarried sibling under 18 
years of age, of the alien; or 
‘‘(II) in the case of an alien 
granted continued presence who is 21 
years of age or older, the spouse or 
child of the alien; or 
‘‘(ii) is a parent or sibling of the alien 
who the requesting law enforcement offi-
cial, in consultation with the Secretary of 
Homeland Security, as appropriate, deter-
mines to be in present danger of retaliation 
as a result of the alien’s escape from the 
severe form of trafficking or cooperation 
with law enforcement, irrespective of age. 
‘‘(B) DURATION OF PAROLE.— 
‘‘(i) IN
GENERAL.—The Secretary 
may extend the parole granted under sub-
paragraph (A) until the final adjudication 
of the application filed by the principal 
alien under section 101(a)(15)(T)(ii). 
‘‘(ii) OTHER LIMITS ON DURATION.— 
If an application described in clause (i) is 
not filed, the parole granted under sub-
paragraph (A) may extend until the later 
of— 
‘‘(I) the date on which the prin-
cipal alien’s authority to remain in the 
United 
States 
under 
section 
107(c)(3)(A) of the Trafficking Vic-
tims 
Protection 
Act 
(22 
U.S.C. 
7105(c)(3)(A)) is terminated; or 
‘‘(II) the date on which a civil ac-
tion filed by the principal alien under 
section 1595 of title 18, United States 
Code, is concluded. 
‘‘(iii) DUE
DILIGENCE.—Failure by 
the principal alien to exercise due diligence 
in filing a visa petition on behalf of an 
alien described in clause (i) or (ii) of sub-
paragraph (A), or in pursuing the civil ac-
tion described in clause (ii)(II) (as deter-
mined by the Secretary of Homeland Secu-
rity in consultation with the Attorney Gen-
eral), may result in revocation of parole. 
‘‘(C) OTHER
LIMITATIONS.—A relative 
may not be granted parole under this para-
graph if— 
‘‘(i) the Secretary of Homeland Secu-
rity or the Attorney General has reason to 
believe that the relative was knowingly 
complicit in the trafficking of an alien per-
mitted to remain in the United States 
under section 107(c)(3)(A) of the Traf-
ficking Victims Protection Act (22 U.S.C. 
7105(c)(3)(A)); or 
‘‘(ii) the relative is an alien described 
in paragraph (2) or (3) of section 212(a) 
or paragraph (2) or (4) of section 
237(a).’’. 
Subtitle B—Assistance for 
Trafficking Victims 
SEC. 211. ASSISTANCE FOR CERTAIN NONIMMIGRANT STA-
TUS 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 fol-
lowing: 
‘‘(4) an alien who has been granted non-
immigrant 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 bene-
fits and public benefits provided on or after the date of 
the enactment of this Act without regard to whether regu-
lations have been implemented to carry out such amend-
ments. 
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN. 
(a) IN GENERAL.—Section 107(b)(1) of the Traf-
ficking 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 semi-
colon; and 
(2) by adding at the end the following: 
‘‘(F) ELIGIBILITY
FOR
INTERIM
ASSIST-
ANCE OF CHILDREN.— 
‘‘(i) DETERMINATION.—Upon receiv-
ing credible information that a child de-
scribed 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 Sec-
retary shall have exclusive authority to 
make interim eligibility determinations 
under this clause. A determination of in-
terim 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 individ-
uals 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
DETERMINA-
TION.—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 para-
graph. 
‘‘(II) CONSULTATION.—In mak-
ing a determination under subclause 
(I), the Secretary shall consult with 
the Attorney General, the Secretary of 
Homeland Security, and nongovern-
mental organizations with expertise on 
victims of severe form of trafficking.
‘‘(III) 
LETTER
OF
ELIGI-
BILITY.—If the Secretary, after re-
ceiving information the Secretary be-
lieves, 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 IN-
TERIM 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 subpara-
graph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Sec-
tion 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 Home-
land 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 PRO-
TECTION 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 es-
tablish 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 deter-
mining the assistance that would be most beneficial 
for such victims, the Secretary and the Attorney 
General shall consult with nongovernmental organi-
zations that provide services to victims of severe 
forms of trafficking in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addi-
tion to specialized services required for victims de-
scribed in paragraph (1), the program established 
pursuant to paragraph (1) shall— 
‘‘(A) facilitate communication and coordi-
nation between the providers of assistance to 
such victims; 
‘‘(B) provide a means to identify such pro-
viders; and 
‘‘(C) provide a means to make referrals to 
programs for which such victims are already eli-
gible, 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 appli-
cation 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 in-
serting the following: 
‘‘(1) ELIGIBILITY FOR BENEFITS AND ASSIST-
ANCE.—To carry out’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(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 pur-
poses of section 107(b)’’ and inserting the 
following: 
‘‘(A) ELIGIBILITY FOR BENEFITS AND AS-
SISTANCE.—To carry out the purposes of sec-
tion 107(b)’’; 
(ii) by striking ‘‘To carry out the pur-
poses of section 134’’ and inserting the fol-
lowing: 
‘‘(B) ASSISTANCE
TO
FOREIGN
COUN-
TRIES.—To carry out the purposes of section 
134’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) ADDITIONAL
BENEFITS
FOR
TRAF-
FICKING VICTIMS.—To carry out the purposes 
of section 107(f), there are authorized to be ap-
propriated 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 Protec-
tion Act of 2000 (22 U.S.C. 7105(b)(2)(B)(ii)) is 
amended to read as follows: 
‘‘(ii) 5 percent for training and tech-
nical assistance, including increasing ca-
pacity and expertise on security for and 
protection of service providers from intimi-
dation or retaliation for their activities.’’. 
(b) STUDY.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of the enactment of this Act, the At-
torney General and the Secretary of Health and 
Human Services shall submit a report to the appro-
priate congressional committees that identifies the 
existence and extent of any service gap between vic-
tims described in section 107(b)(1) of the Traf-
ficking 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 Per-
sonal 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 ac-
cess of the victims described in paragraph (1) 
to government-funded services targeted to vic-
tims of severe forms of trafficking; 
(D) investigate the effect of trafficking 
service-provider 
infrastructure 
development, 
continuity of care, and availability of case-
workers on the eventual restoration and reha-
bilitation 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. 
Subtitle C—Penalties Against 
Traffickers and Other Crimes 
SEC. 221. RESTITUTION OF FORFEITED ASSETS; ENHANCE-
MENT OF CIVIL ACTION. 
Chapter 77 of title 18, United States Code, is amend-
ed— 
(1) in section 1593(b), by adding at the end the 
following: 
‘‘(4) The forfeiture of property under this subsection 
shall be governed by the provisions of section 413 (other 
than subsection (d) of such section) of the Controlled Sub-
stances Act (21 U.S.C. 853).’’; and 
(2) in section 1595— 
(A) in subsection (a)— 
(i) by striking ‘‘of section 1589, 1590, 
or 1591’’; and 
(ii) by inserting ‘‘(or whoever know-
ingly benefits, financially or by receiving 
anything of value from participation in a
venture which that person knew or should 
have known has engaged in an act in viola-
tion of this chapter)’’ after ‘‘perpetrator’’; 
and 
(B) by adding at the end the following: 
‘‘(c) No action may be maintained under this section 
unless it is commenced not later than 10 years after the 
cause of action arose.’’. 
SEC. 222. ENHANCING PENALTIES FOR TRAFFICKING OF-
FENSES. 
(a) DETENTION.—Section 3142(e) of title 18, United 
States Code, is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘If, after a hear-
ing’’; 
(3) by inserting ‘‘(2)’’ before ‘‘In a case’’; 
(4) by inserting ‘‘(3)’’ before ‘‘Subject to rebut-
tal’’; 
(5) by striking ‘‘paragraph (1) of this sub-
section’’ each place it appears and inserting ‘‘sub-
paragraph (A)’’; 
(6) in paragraph (3), as redesignated— 
(A) by striking ‘‘committed an offense’’ 
and inserting the following: ‘‘committed—
‘‘(A) an offense’’; 
(B) by striking ‘‘46, an offense’’ and in-
serting the following: ‘‘46; 
‘‘(B) an offense’’; 
(C) by striking ‘‘title, or an offense’’ and 
inserting the following: ‘‘title; 
‘‘(C) an offense’’; and 
(D) by striking ‘‘prescribed or an offense’’ 
and inserting the following: ‘‘prescribed; 
‘‘(D) an offense under chapter 77 of this title 
for which a maximum term of imprisonment of 20 
years or more is prescribed; or 
‘‘(E) an offense’’. 
(b) PREVENTING OBSTRUCTION.— 
(1) 
ENTICEMENT
INTO
SLAVERY.—Section 
1583 of title 18, United States Code, is amended to 
read as follows: 
‘‘§ 1583. Enticement into slavery 
‘‘(a) Whoever— 
‘‘(1) kidnaps or carries away any other person, 
with the intent that such other person be sold into 
involuntary servitude, or held as a slave; 
‘‘(2) entices, persuades, or induces any other 
person to go on board any vessel or to any other 
place with the intent that he or she may be made
or held as a slave, or sent out of the country to be 
so made or held; or 
‘‘(3) obstructs, or attempts to obstruct, or in 
any way interferes with or prevents the enforcement 
of this section, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(b) Whoever violates this section shall be fined 
under this title, imprisoned for any term of years or for 
life, or both if— 
‘‘(1) the violation results in the death of the 
victim; or 
‘‘(2) the violation includes kidnaping, an at-
tempt to kidnap, aggravated sexual abuse, an at-
tempt to commit aggravated sexual abuse, or an at-
tempt to kill.’’. 
(2) SALE
INTO
INVOLUNTARY
SERVITUDE.— 
Section 1584 of such title is amended— 
(A) by striking ‘‘Whoever’’ and inserting 
the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in 
any way interferes with or prevents the enforcement of
this section, shall be subject to the penalties described in 
subsection (a).’’. 
(3) PUNISHING FINANCIAL GAIN FROM TRAF-
FICKED
LABOR.—Section 1589 of such title is 
amended to read as follows: 
‘‘SEC. 1589. FORCED LABOR. 
‘‘(a) Whoever knowingly provides or obtains the labor 
or services of a person by any one of, or by any combina-
tion of, the following means— 
‘‘(1) by means of force, threats of force, phys-
ical restraint, or threats of physical restraint to that 
person or another person; 
‘‘(2) by means of serious harm or threats of se-
rious harm to that person or another person; 
‘‘(3) by means of the abuse or threatened abuse 
of law or legal process; or 
‘‘(4) by means of any scheme, plan, or pattern 
intended to cause the person to believe that, if that 
person did not perform such labor or services, that 
person or another person would suffer serious harm 
or physical restraint, 
shall be punished as provided under subsection (d). 
‘‘(b) Whoever knowingly benefits, financially or by re-
ceiving anything of value, from participation in a venture 
which has engaged in the providing or obtaining of labor
or services by any of the means described in subsection 
(a), knowing or in reckless disregard of the fact that the 
venture has engaged in the providing or obtaining of labor 
or services by any of such means, shall be punished as 
provided in subsection (d). 
‘‘(c) In this section: 
‘‘(1) The term ‘abuse or threatened abuse of 
law or legal process’ means the use or threatened 
use of a law or legal process, whether administrative, 
civil, or criminal, in any manner or for any purpose 
for which the law was not designed, in order to exert 
pressure on another person to cause that person to 
take some action or refrain from taking some action. 
‘‘(2) The term ‘serious harm’ means any harm, 
whether physical or nonphysical, including psycho-
logical, financial, or reputational harm, that is suffi-
ciently serious, under all the surrounding cir-
cumstances, to compel a reasonable person of the 
same background and in the same circumstances to 
perform or to continue performing labor or services 
in order to avoid incurring that harm. 
‘‘(d) Whoever violates this section shall be fined 
under this title, imprisoned not more than 20 years, or 
both. If death results from a violation of this section, or 
if the violation includes kidnaping, an attempt to kidnap,
aggravated sexual abuse, or an attempt to kill, the defend-
ant shall be fined under this title, imprisoned for any term 
of years or life, or both.’’. 
(4) TRAFFICKING.—Section 1590 of such title 
is amended— 
(A) by striking ‘‘Whoever’’ and inserting 
the following: 
‘‘(a) Whoever’’; and 
(B) by adding at the end the following: 
‘‘(b) Whoever obstructs, attempts to obstruct, or in 
any way interferes with or prevents the enforcement of 
this section, shall be subject to the penalties under sub-
section (a).’’. 
(5) SEX TRAFFICKING OF CHILDREN.—Section 
1591 of such title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘or 
obtains’’ and inserting ‘‘obtains, or main-
tains’’; and 
(ii) in the matter following paragraph 
(2), by striking ‘‘that force, fraud, or coer-
cion described in subsection (c)(2)’’ and in-
serting ‘‘, or in reckless disregard of the 
fact, that means of force, threats of force,
fraud, coercion described in subsection 
(e)(2), or any combination of such means’’; 
(B) by redesignating subsection (c) as sub-
section (e); 
(C) in subsection (b)(1), by striking ‘‘force, 
fraud, or coercion’’ and inserting ‘‘means of 
force, threats of force, fraud, or coercion de-
scribed in subsection (e)(2), or by any combina-
tion of such means,’’; 
(D) by inserting after subsection (b) the 
following: 
‘‘(c) In a prosecution under subsection (a)(1) in 
which the defendant had a reasonable opportunity to ob-
serve the person so recruited, enticed, harbored, trans-
ported, provided, obtained or maintained, the Government 
need not prove that the defendant knew that the person 
had not attained the age of 18 years. 
‘‘(d) Whoever obstructs, attempts to obstruct, or in 
any way interferes with or prevents the enforcement of 
this section, shall be fined under this title, imprisoned for 
a term not to exceed 20 years, or both.’’; 
(E) in subsection (e), as redesignated— 
(i) by redesignating paragraph (3) as 
paragraph (5);
(ii) by redesignating paragraph (1) as 
paragraph (3); 
(iii) by inserting before paragraph (2) 
the following: 
‘‘(1) The term ‘abuse or threatened abuse of 
law or legal process’ means the use or threatened 
use of a law or legal process, whether administrative, 
civil, or criminal, in any manner or for any purpose 
for which the law was not designed, in order to exert 
pressure on another person to cause that person to 
take some action or refrain from taking some ac-
tion.’’; and 
(iv) by inserting after paragraph (3), 
as redesignated, the following: 
‘‘(4) The term ‘serious harm’ means any harm, 
whether physical or nonphysical, including psycho-
logical, financial, or reputational harm, that is suffi-
ciently serious, under all the surrounding cir-
cumstances, to compel a reasonable person of the 
same background and in the same circumstances to 
perform or to continue performing commercial sex-
ual activity in order to avoid incurring that harm.’’. 
(6) UNLAWFUL
CONDUCT.—Section 1592 of 
such title is amended by adding at the end the fol-
lowing:
‘‘(c) Whoever obstructs, attempts to obstruct, or in 
any way interferes with or prevents the enforcement of 
this section, shall be subject to the penalties described in 
subsection (a).’’. 
(c) HOLDING CONSPIRATORS ACCOUNTABLE.—Sec-
tion 1594 of title 18, United States Code, is amended— 
(1) by redesignating subsections (b), (c), and 
(d) as subsections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Whoever conspires with another to violate sec-
tion 1581, 1583, 1589, 1590, or 1592 shall be punished 
in the same manner as a completed violation of such sec-
tion. 
‘‘(c) Whoever conspires with another to violate sec-
tion 1591 shall be fined under this title, imprisoned for 
any term of years or for life, or both.’’. 
(d) BENEFITTING FINANCIALLY FROM PEONAGE, 
SLAVERY, AND TRAFFICKING IN PERSONS.— 
(1) IN
GENERAL.—Chapter 77 of title 18, 
United States Code, is amended by inserting after 
section 1593 the following:
‘‘§ 1593A. Benefitting financially from peonage, slav-
ery, and trafficking in persons 
‘‘Whoever knowingly benefits, financially or by receiv-
ing anything of value, from participation in a venture 
which has engaged in any act in violation of section 
1581(a), 1592, or 1595(a), knowing or in reckless dis-
regard of the fact that the venture has engaged in such 
violation, shall be fined under this title or imprisoned in 
the same manner as a completed violation of such sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1593 
the following: 
‘‘Sec. 1593A. Benefitting financially from peonage, slavery, and trafficking in 
persons.’’. 
(e) 
RETALIATION
IN
FOREIGN
LABOR
CON-
TRACTING.—Chapter 63 of title 18, United States Code, 
is amended— 
(1) in the chapter heading, by adding at the 
end the following: ‘‘AND OTHER FRAUD OF-
FENSES’’; 
(2) by adding at the end the following: 
‘‘§ 1351. Fraud in foreign labor contracting 
‘‘Whoever knowingly and with intent to defraud re-
cruits, solicits or hires a person outside the United States
for purposes of employment in the United States by means 
of materially false or fraudulent pretenses, representations 
or promises regarding that employment shall be fined 
under this title or imprisoned for not more than 5 years, 
or both.’’; and 
(3) in the table of sections, by inserting after 
the item relating to section 1350 the following: 
‘‘1351. Fraud in foreign labor contracting.’’. 
(f) TIGHTENING IMMIGRATION PROHIBITIONS.— 
(1) GROUND OF INADMISSIBILITY FOR TRAF-
FICKING.—Section 212(a)(2)(H)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(H)(i)) is amended by striking ‘‘who is 
listed in a report submitted pursuant to section 
111(b) of the Trafficking Victims Protection Act of 
2000’’ and inserting ‘‘who commits or conspires to 
commit human trafficking offenses in the United 
States or outside the United States’’. 
(2) 
GROUND
OF
REMOVABILITY.—Section 
237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(F) TRAFFICKING.—Any alien described 
in section 212(a)(2)(H) is deportable.’’. 
(g) AMENDMENT TO SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994 of title 28, 
United States Code, the United States Sentencing Com-
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien harboring to ensure conformity 
with the sentencing guidelines applicable to persons con-
victed of promoting a commercial sex act if— 
(1) the harboring was committed in furtherance 
of prostitution; and 
(2) the defendant to be sentenced is an orga-
nizer, leader, manager, or supervisor of the criminal 
activity. 
SEC. 223. JURISDICTION IN CERTAIN TRAFFICKING OF-
FENSES. 
(a) IN GENERAL.—Chapter 77 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1596. Additional jurisdiction in certain trafficking 
offenses 
‘‘(a) IN GENERAL.—In addition to any domestic or 
extra-territorial jurisdiction otherwise provided by law, the 
courts of the United States have extra-territorial jurisdic-
tion over any offense (or any attempt or conspiracy to 
commit an offense) under section 1581, 1583, 1584, 1589, 
1590, or 1591 if— 
‘‘(1) an alleged offender is a national of the 
United States or an alien lawfully admitted for per-
manent residence (as those terms are defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)); or 
‘‘(2) an alleged offender is present in the 
United States, irrespective of the nationality of the 
alleged offender. 
‘‘(b) LIMITATION ON PROSECUTIONS OF OFFENSES 
PROSECUTED
IN OTHER COUNTRIES.—No prosecution 
may be commenced against a person under this section 
if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is pros-
ecuting such person for the conduct constituting such of-
fense, except upon the approval of the Attorney General 
or the Deputy Attorney General (or a person acting in 
either such capacity), which function of approval may not 
be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 77 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 224. BAIL CONDITIONS, SUBPOENAS, AND REPEAT OF-
FENDER PENALTIES FOR SEX TRAFFICKING. 
(a) 
RELEASE
AND
DETENTION.—Subsections 
(f)(1)(A) and (g)(1) of section 3142 of title 18, United 
States Code, are amended by striking ‘‘violence,’’ each
place such term appears and inserting ‘‘violence, a viola-
tion of section 1591,’’. 
(b) SUBPOENAS.—Section 3486(a)(1)(D) of title 18, 
United States Code, is amended by inserting ‘‘1591,’’ 
after ‘‘1201,’’. 
(c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of 
title 18, United States Code, is amended, by striking ‘‘or 
chapter 110’’ and inserting ‘‘chapter 110, or section 
1591’’. 
SEC. 225. PROMOTING EFFECTIVE STATE ENFORCEMENT. 
(a) RELATIONSHIP AMONG FEDERAL
AND STATE 
LAW.—Nothing in this Act, the Trafficking Victims Pro-
tection Act of 2000, the Trafficking Victims Protection 
Reauthorization Act of 2003, the Trafficking Victims Pro-
tection Reauthorization Act of 2005, chapters 77 and 117 
of title 18, United States Code, or any model law issued 
by the Department of Justice to carry out the purposes 
of any of the aforementioned statutes— 
(1) may be construed to treat prostitution as a 
valid form of employment under Federal law; or 
(2) shall preempt, supplant, or limit the effect 
of any State or Federal criminal law. 
(b) MODEL STATE CRIMINAL PROVISIONS.—In addi-
tion to any model State antitrafficking statutes in effect 
on the date of the enactment of this Act, the Attorney
General shall facilitate the promulgation of a model State 
statute that— 
(1) furthers a comprehensive approach to inves-
tigation and prosecution through modernization of 
State and local prostitution and pandering statutes; 
and 
(2) is based in part on the provisions of the Act 
of August 15, 1935 (49 Stat. 651; D.C. Code 22– 
2701 et seq.) (relating to prostitution and pan-
dering). 
(c) DISTRIBUTION.—The model statute described in 
subsection (b) and the text of chapter 27 of the Criminal 
Code of the District of Columbia (D.C. Code 22–2701 et 
seq.) shall be— 
(1) posted on the website of the Department of 
Justice; and 
(2) distributed to the Attorney General of each 
State. 
Subtitle D—Activities of the United 
States Government 
SEC. 231. ANNUAL REPORT BY THE ATTORNEY GENERAL. 
Section 105(d)(7) of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7103(d)(7)) is amended— 
(1) in subparagraph (A)—
(A) by striking ‘‘section 107(b)’’ and in-
serting ‘‘subsections (b) and (f) of section 107’’; 
and 
(B) by inserting ‘‘the Attorney General,’’ 
after ‘‘the Secretary of Labor,’’; 
(2) in subparagraph (G), by striking ‘‘and’’ at 
the end; 
(3) by redesignating subparagraph (H) as sub-
paragraph (J); and 
(4) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) activities by the Department of De-
fense to combat trafficking in persons, includ-
ing— 
‘‘(i) educational efforts for, and dis-
ciplinary actions taken against, members 
of the United States Armed Forces; 
‘‘(ii) the development of materials 
used to train the armed forces of foreign 
countries; and 
‘‘(iii) efforts to ensure that United 
States Government contractors and their 
employees or United States Government 
subcontractors and their employees do not 
engage in trafficking in persons;
‘‘(I) activities or actions by Federal depart-
ments and agencies to enforce— 
‘‘(i) section 106(g) and any similar 
law, regulation, or policy relating to United 
States Government contractors and their 
employees or United States Government 
subcontractors and their employees that 
engage in severe forms of trafficking in 
persons, the procurement of commercial 
sex acts, or the use of forced labor, includ-
ing debt bondage; 
‘‘(ii) section 307 of the Tariff Act of 
1930 (19 U.S.C. 1307; relating to prohibi-
tion 
on 
importation 
of 
convict-made 
goods), including any determinations by 
the Secretary of Homeland Security to 
waive the restrictions of such section; and 
‘‘(iii) prohibitions on the procurement 
by the United States Government of items 
or services produced by slave labor, con-
sistent with Executive Order 13107 (De-
cember 10, 1998); and’’. 
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL. 
(a) IN GENERAL.—For each of the fiscal years 2010 
through 2012, the Inspectors General of the Department
of Defense, the Department of State, and the United 
States Agency for International Development shall inves-
tigate a sample of the contracts described in subsection 
(b). 
(b) CONTRACTS DESCRIBED.— 
(1) IN GENERAL.—The contracts described in 
subsection (a) are contracts, or subcontracts at any 
tier, under which there is a heightened risk that a 
contractor may engage, knowingly or unknowingly, 
in acts related to trafficking in persons, such as— 
(A) confiscation of an employee’s passport; 
(B) restriction on an employee’s mobility; 
(C) abrupt or evasive repatriation of an 
employee; 
(D) deception of an employee regarding 
the work destination; or 
(E) acts otherwise described in section 
106(g) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7104). 
(2) CONSULTATION
AND
INFORMATION
RE-
CEIVED.—In determining the type of contact that 
should be investigated pursuant to subsection (a), 
the Inspectors General shall—
(A) consult with the Director of the Office 
to Combat Trafficking in Persons of the De-
partment of State; and 
(B) take into account any credible infor-
mation received regarding report of trafficking 
in persons. 
(c) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not later than January 15, 
2009, and annually thereafter through January 15, 
2011, each Inspector General shall submit a report 
to the congressional committees listed in paragraph 
(3)— 
(A) summarizing the findings of the inves-
tigations conducted in the previous year, includ-
ing any findings regarding trafficking in per-
sons or any improvements needed to prevent 
trafficking in persons; and 
(B) in the case of any contractor or sub-
contractor with regard to which the Inspector 
General has found substantial evidence of traf-
ficking in persons, report as to— 
(i) whether or not the case has been 
referred for prosecution; and 
(ii) whether or not the case has been 
treated in accordance with section 106(g)
of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7104) (relating to ter-
mination of certain grants, contracts and 
cooperative agreements). 
(2) JOINT
REPORT.—The Inspectors General 
described in subsection (a) may submit their reports 
jointly. 
(3) CONGRESSIONAL COMMITTEES.—The com-
mittees list in this paragraph are— 
(A) the Committee on Armed Services of 
the Senate; 
(B) the Committee on Foreign Relations of 
the Senate; 
(C) the Committee on Armed Services of 
the House of Representatives; and 
(D) the Committee on Foreign Affairs of 
the House of Representatives. 
SEC. 233. SENIOR POLICY OPERATING GROUP. 
Section 206 of the Trafficking Victims Protection Re-
authorization Act of 2005 (42 U.S.C. 14044d) is amended 
by striking ‘‘, as the department or agency determines ap-
propriate,’’.
SEC. 234. PREVENTING UNITED STATES TRAVEL BY TRAF-
FICKERS. 
Section 212(a)(2)(H)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(H)(i)) is amended by 
striking ‘‘consular officer’’ and inserting ‘‘consular officer, 
the Secretary of Homeland Security, the Secretary of 
State,’’. 
SEC. 235. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
(a) COMBATING CHILD TRAFFICKING AT THE BOR-
DER AND PORTS OF ENTRY OF THE UNITED STATES.— 
(1) POLICIES AND PROCEDURES.—In order to 
enhance the efforts of the United States to prevent 
trafficking in persons, the Secretary of Homeland 
Security, in conjunction with the Secretary of State, 
the Attorney General, and the Secretary of Health 
and Human Services, shall develop policies and pro-
cedures to ensure that unaccompanied alien children 
in the United States are safely repatriated to their 
country of nationality or of last habitual residence. 
(2) SPECIAL RULES FOR CHILDREN FROM CON-
TIGUOUS COUNTRIES.— 
(A) 
DETERMINATIONS.—Any 
unaccom-
panied alien child who is a national or habitual 
resident of a country that is contiguous with 
the United States shall be treated in accordance
with subparagraph (B), if the Secretary of 
Homeland Security determines, on a case-by- 
case basis, that— 
(i) such child has not been a victim of 
a severe form of trafficking in persons, and 
there is no credible evidence that such 
child is at risk of being trafficked upon re-
turn to the child’s country of nationality or 
of last habitual residence; 
(ii) such child does not have a fear of 
returning to the child’s country of nation-
ality or of last habitual residence owing to 
a credible fear of persecution; and 
(iii) the child is able to make an inde-
pendent decision to withdraw the child’s 
application for admission to the United 
States. 
(B) RETURN.—An immigration officer who 
finds an unaccompanied alien child described in 
subparagraph (A) at a land border or port of 
entry of the United States and determines that 
such child is inadmissible under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.) may—
(i) permit such child to withdraw the 
child’s application for admission pursuant 
to section 235(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1225(a)(4)); 
and 
(ii) return such child to the child’s 
country of nationality or country of last 
habitual residence. 
(C) 
CONTIGUOUS
COUNTRY
AGREE-
MENTS.—The Secretary of State shall negotiate 
agreements between the United States and 
countries contiguous to the United States with 
respect to the repatriation of children. Such 
agreements shall be designed to protect children 
from severe forms of trafficking in persons, and 
shall, at a minimum, provide that— 
(i) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence unless returned to appro-
priate employees or officials, including 
child welfare officials where available, of 
the accepting country’s government; 
(ii) no child shall be returned to the 
child’s country of nationality or of last ha-
bitual residence outside of reasonable busi-
ness hours; and 
(iii) border personnel of the countries 
that are parties to such agreements are 
trained in the terms of such agreements. 
(3) RULE FOR OTHER CHILDREN.—The custody 
of unaccompanied alien children not described in 
paragraph (2)(A) who are apprehended at the bor-
der of the United States or at a United States port 
of entry shall be treated in accordance with sub-
section (b). 
(4) SCREENING.—Within 48 hours of the ap-
prehension of a child who is believed to be described 
in paragraph (2)(A), but in any event prior to re-
turning such child to the child’s country of nation-
ality or of last habitual residence, the child shall be 
screened to determine whether the child meets the 
criteria listed in paragraph (2)(A). If the child does 
not meet such criteria, or if no determination can be 
made within 48 hours of apprehension, the child 
shall immediately be transferred to the Secretary of 
Health and Human Services and treated in accord-
ance with subsection (b). Nothing in this paragraph 
may be construed to preclude an earlier transfer of 
the child.
(5) ENSURING
THE
SAFE
REPATRIATION
OF 
CHILDREN.— 
(A) REPATRIATION PILOT PROGRAM.—To 
protect children from trafficking and exploi-
tation, the Secretary of State shall create a 
pilot program, in conjunction with the Secretary 
of Health and Human Services and the Sec-
retary of Homeland Security, nongovernmental 
organizations, and other national and inter-
national agencies and experts, to develop and 
implement best practices to ensure the safe and 
sustainable repatriation and reintegration of 
unaccompanied alien children into their country 
of nationality or of last habitual residence, in-
cluding placement with their families, legal 
guardians, or other sponsoring agencies. 
(B) ASSESSMENT
OF
COUNTRY
CONDI-
TIONS.—The Secretary of Homeland Security 
shall consult the Department of State’s Country 
Reports on Human Rights Practices and the 
Trafficking in Persons Report in assessing 
whether to repatriate an unaccompanied alien 
child to a particular country. 
(C) REPORT ON REPATRIATION OF UNAC-
COMPANIED ALIEN CHILDREN.—Not later than
18 months after the date of the enactment of 
this Act, and annually thereafter, the Secretary 
of State and the Secretary of Health and 
Human Services, with assistance from the Sec-
retary of Homeland Security, shall submit a re-
port to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives on efforts to im-
prove repatriation programs for unaccompanied 
alien children. Such report shall include— 
(i) the number of unaccompanied 
alien children ordered removed and the 
number of such children actually removed 
from the United States; 
(ii) a statement of the nationalities, 
ages, and gender of such children; 
(iii) a description of the policies and 
procedures used to effect the removal of 
such children from the United States and 
the steps taken to ensure that such chil-
dren were safely and humanely repatriated 
to their country of nationality or of last 
habitual residence, including a description 
of the repatriation pilot program created 
pursuant to subparagraph (A);
(iv) a description of the type of immi-
gration relief sought and denied to such 
children; 
(v) any information gathered in as-
sessments of country and local conditions 
pursuant to paragraph (2); and 
(vi) statistical information and other 
data on unaccompanied alien children as 
provided for in section 462(b)(1)(J) of the 
Homeland Security Act of 2002 (6 U.S.C. 
279(b)(1)(J)). 
(D) 
PLACEMENT
IN
REMOVAL
PRO-
CEEDINGS.—Any unaccompanied alien child 
sought to be removed by the Department of 
Homeland Security, except for an unaccom-
panied alien child from a contiguous country 
subject to exceptions under subsection (a)(2), 
shall be— 
(i) placed in removal proceedings 
under section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a); 
(ii) eligible for relief under section 
240B of such Act (8 U.S.C. 1229c) at no 
cost to the child; and
(iii) provided access to counsel in ac-
cordance with subsection (c)(5). 
(b) COMBATING CHILD TRAFFICKING AND EXPLOI-
TATION IN THE UNITED STATES.— 
(1) CARE AND CUSTODY OF UNACCOMPANIED 
ALIEN CHILDREN.—Consistent with section 462 of 
the Homeland Security Act of 2002 (6 U.S.C. 279), 
and except as otherwise provided under subsection 
(a), the care and custody of all unaccompanied alien 
children, including responsibility for their detention, 
where appropriate, shall be the responsibility of the 
Secretary of Health and Human Services. 
(2) NOTIFICATION.—Each department or agen-
cy of the Federal Government shall notify the De-
partment of Health and Human services within 48 
hours upon— 
(A) the apprehension or discovery of an 
unaccompanied alien child; or 
(B) any claim or suspicion that an alien in 
the custody of such department or agency is 
under 18 years of age. 
(3) TRANSFERS
OF
UNACCOMPANIED
ALIEN 
CHILDREN.—Except in the case of exceptional cir-
cumstances, any department or agency of the Fed-
eral Government that has an unaccompanied alien
child in custody shall transfer the custody of such 
child to the Secretary of Health and Human Serv-
ices not later than 72 hours after determining that 
such child is an unaccompanied alien child. 
(4) AGE DETERMINATIONS.—The Secretary of 
Health and Human Services, in consultation with 
the Secretary of Homeland Security, shall develop 
procedures to make a prompt determination of the 
age of an alien, which shall be used by the Secretary 
of Homeland Security and the Secretary of Health 
and Human Services for children in their respective 
custody. At a minimum, these procedures shall take 
into account multiple forms of evidence, including 
the non-exclusive use of radiographs, to determine 
the age of the unaccompanied alien. 
(c) PROVIDING SAFE AND SECURE PLACEMENTS FOR 
CHILDREN.— 
(1) POLICIES AND PROGRAMS.—The Secretary 
of Health and Human Services, Secretary of Home-
land Security, Attorney General, and Secretary of 
State shall establish policies and programs to ensure 
that unaccompanied alien children in the United 
States are protected from traffickers and other per-
sons seeking to victimize or otherwise engage such 
children in criminal, harmful, or exploitative activity,
including policies and programs reflecting best prac-
tices in witness security programs. 
(2) SAFE AND SECURE PLACEMENTS.—Subject 
to section 462(b)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 279(b)(2)), an unaccompanied 
alien child in the custody of the Secretary of Health 
and Human Services shall be promptly placed in the 
least restrictive setting that is in the best interest of 
the child. In making such placements, the Secretary 
may consider danger to self, danger to the commu-
nity, and risk of flight. Placement of child traf-
ficking victims may include placement in an Unac-
companied Refugee Minor program, pursuant to sec-
tion 412(d) of the Immigration and Nationality Act 
(8 U.S.C. 1522(d)), if a suitable family member is 
not available to provide care. A child shall not be 
placed in a secure facility absent a determination 
that the child poses a danger to self or others or has 
been charged with having committed a criminal of-
fense. The placement of a child in a secure facility 
shall be reviewed, at a minimum, on a monthly 
basis, in accordance with procedures prescribed by 
the Secretary, to determine if such placement re-
mains warranted. 
(3) SAFETY AND SUITABILITY ASSESSMENTS.—
(A) IN GENERAL.—Subject to the require-
ments of subparagraph (B), an unaccompanied 
alien child may not be placed with a person or 
entity unless the Secretary of Health and 
Human Services makes a determination that 
the proposed custodian is capable of providing 
for the child’s physical and mental well-being. 
Such determination shall, at a minimum, in-
clude verification of the custodian’s identity and 
relationship to the child, if any, as well as an 
independent finding that the individual has not 
engaged in any activity that would indicate a 
potential risk to the child. 
(B) HOME STUDIES.—Before placing the 
child with an individual, the Secretary of 
Health and Human Services shall determine 
whether a home study is first necessary. A 
home study shall be conducted for a child who 
is a victim of a severe form of trafficking in 
persons, a special needs child with a disability 
(as defined in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102(2))), 
a child who has been a victim of physical or 
sexual abuse under circumstances that indicate 
that the child’s health or welfare has been sig-
nificantly harmed or threatened, or a child 
whose proposed sponsor clearly presents a risk 
of abuse, maltreatment, exploitation, or traf-
ficking to the child based on all available objec-
tive evidence. The Secretary of Health and 
Human Services shall conduct follow-up serv-
ices, during the pendency of removal pro-
ceedings, on children for whom a home study 
was conducted and is authorized to conduct fol-
low-up services in cases involving children with 
mental health or other needs who could benefit 
from ongoing assistance from a social welfare 
agency. 
(C) ACCESS TO INFORMATION.—Not later 
than 2 weeks after receiving a request from the 
Secretary of Health and Human Services, the 
Secretary of Homeland Security shall provide 
information necessary to conduct suitability as-
sessments from appropriate Federal, State, and 
local law enforcement and immigration data-
bases. 
(4) LEGAL
ORIENTATION
PRESENTATIONS.— 
The Secretary of Health and Human Services shall 
cooperate with the Executive Office for Immigration 
Review to ensure that custodians receive legal ori-
entation presentations provided through the Legal 
Orientation Program administered by the Executive 
Office for Immigration Review. At a minimum, such 
presentations shall address the custodian’s responsi-
bility to attempt to ensure the child’s appearance at 
all immigration proceedings and to protect the child 
from mistreatment, exploitation, and trafficking. 
(5) ACCESS
TO
COUNSEL.—The Secretary of 
Health and Human Services shall ensure, to the 
greatest extent practicable and consistent with sec-
tion 292 of the Immigration and Nationality Act (8 
U.S.C. 1362), that all unaccompanied alien children 
who are or have been in the custody of the Secretary 
or the Secretary of Homeland Security, and who are 
not described in subsection (a)(2)(A), have counsel 
to represent them in legal proceedings or matters 
and protect them from mistreatment, exploitation, 
and trafficking. To the greatest extent practicable, 
the Secretary of Health and Human Services shall 
make every effort to utilize the services of pro bono 
counsel who agree to provide representation to such 
children without charge. 
(6) CHILD
ADVOCATES.—The Secretary of 
Health and Human Services is authorized to appoint 
independent child advocates for child trafficking vic-
tims and other vulnerable unaccompanied alien chil-
dren. A child advocate shall be provided access to 
materials necessary to effectively advocate for the 
best interest of the child. The child advocate shall 
not be compelled to testify or provide evidence in 
any proceeding concerning any information or opin-
ion received from the child in the course of serving 
as a child advocate. The child advocate shall be pre-
sumed to be acting in good faith and be immune 
from civil and criminal liability for lawful conduct of 
duties as described in this provision. 
(d) PERMANENT PROTECTION
FOR CERTAIN AT- 
RISK CHILDREN.— 
(1) IN GENERAL.—Section 101(a)(27)(J) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(27)(J)) is amended— 
(A) in clause (i), by striking ‘‘State and 
who has been deemed eligible by that court for 
long-term foster care due to abuse, neglect, or 
abandonment;’’ and inserting ‘‘State, or an in-
dividual or entity appointed by a State or juve-
nile court located in the United States, and 
whose reunification with 1 or both of the immi-
grant’s parents is not viable due to abuse, ne-
glect, abandonment, or a similar basis found 
under State law;’’; and 
(B) in clause (iii)— 
(i) in the matter preceding subclause 
(I), by striking ‘‘the Attorney General ex-
pressly consents to the dependency order 
serving as a precondition to the grant of 
special immigrant juvenile status;’’ and in-
serting ‘‘the Secretary of Homeland Secu-
rity consents to the grant of special immi-
grant juvenile status,’’; and 
(ii) in subclause (I), by striking ‘‘in 
the actual or constructive custody of the 
Attorney General unless the Attorney Gen-
eral specifically consents to such jurisdic-
tion;’’ and inserting ‘‘in the custody of the 
Secretary of Health and Human Services 
unless the Secretary of Health and Human 
Services specifically consents to such juris-
diction;’’. 
(2) EXPEDITIOUS ADJUDICATION.—All applica-
tions for special immigrant status under section 
101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated 
by the Secretary of Homeland Security not later
than 180 days after the date on which the applica-
tion is filed. 
(3) 
ADJUSTMENT
OF
STATUS.—Section 
245(h)(2)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as 
follows: 
‘‘(A) 
paragraphs 
(4), 
(5)(A), 
(6)(A), 
(6)(C), (6)(D), (7)(A), and (9)(B) of section 
212(a) shall not apply; and’’. 
(4) ELIGIBILITY FOR ASSISTANCE.— 
(A) IN GENERAL.—A child who has been 
granted special immigrant status under section 
101(a)(27)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(27)(J)) and who 
was either in the custody of the Secretary of 
Health and Human Services at the time a de-
pendency order was granted for such child or 
who was receiving services pursuant to section 
501(a) of the Refugee Education Assistance Act 
of 1980 (8 U.S.C. 1522 note) at the time such 
dependency order was granted, shall be eligible 
for placement and services under section 412(d) 
of the Immigration and Nationality Act (8 
U.S.C. 1522(d)) until the earlier of—