H. R. 3244—16
(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO
‘‘T’’ VISA NONIMMIGRANTS.—Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by adding at the
end the following new subsection:
‘‘(i) With respect to each nonimmigrant alien described in sub-
section (a)(15)(T)(i)—
‘‘(1) the Attorney General and other Government officials,
where appropriate, shall provide the alien with a referral to
a nongovernmental organization that would advise the alien
regarding the alien’s options while in the United States and
the resources available to the alien; and
‘‘(2) the Attorney General shall, during the period the alien
is in lawful temporary resident status under that subsection,
grant the alien authorization to engage in employment in the
United States and provide the alien with an ‘employment
authorized’ endorsement or other appropriate work permit.’’.
(5) STATUTORY
CONSTRUCTION.—Nothing in this section,
or in the amendments made by this section, shall be construed
as prohibiting the Attorney General from instituting removal
proceedings under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a) against an alien admitted as a
nonimmigrant under section 101(a)(15)(T)(i) of that Act, as
added by subsection (e), for conduct committed after the alien’s
admission into the United States, or for conduct or a condition
that was not disclosed to the Attorney General prior to the
alien’s admission as a nonimmigrant under such section
101(a)(15)(T)(i).
(f ) ADJUSTMENT
TO PERMANENT RESIDENT STATUS.—Section
245 of such Act (8 U.S.C 1255) is amended by adding at the
end the following new subsection:
‘‘(l)(1) If, in the opinion of the Attorney General, a non-
immigrant admitted into the United States under section
101(a)(15)(T)(i)—
‘‘(A) has been physically present in the United States for
a continuous period of at least 3 years since the date of admis-
sion as a nonimmigrant under section 101(a)(15)(T)(i),
‘‘(B) has, throughout such period, been a person of good
moral character, and
‘‘(C)(i) has, during such period, complied with any reason-
able request for assistance in the investigation or prosecution
of acts of trafficking, or
‘‘(ii) the alien would suffer extreme hardship involving
unusual and severe harm upon removal from the United States,
the Attorney General may adjust the status of the alien (and
any person admitted under that section as the spouse, parent,
or child of the alien) to that of an alien lawfully admitted for
permanent residence.
‘‘(2) Paragraph (1) shall not apply to an alien admitted under
section 101(a)(15)(T) who is inadmissible to the United States by
reason of a ground that has not been waived under section 212,
except that, if the Attorney General considers it to be in the national
interest to do so, the Attorney General, in the Attorney General’s
discretion, may waive the application of—
‘‘(A) paragraphs (1) and (4) of section 212(a); and
‘‘(B) any other provision of such section (excluding para-
graphs (3), (10)(C), and (10(E)), if the activities rendering the
alien inadmissible under the provision were caused by, or were
H. R. 3244—17
incident 
to, 
the 
victimization 
described 
in 
section
101(a)(15)(T)(i)(I).
‘‘(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph
(1)(A) if the alien has departed from the United States for any
period in excess of 90 days or for any periods in the aggregate
exceeding 180 days.
‘‘(3)(A) The total number of aliens whose status may be adjusted
under paragraph (1) during any fiscal year may not exceed 5,000.
‘‘(B) The numerical limitation of subparagraph (A) shall only
apply to principal aliens and not to the spouses, sons, daughters,
or parents of such aliens.
‘‘(4) Upon the approval of adjustment of status under paragraph
(1), the Attorney General shall record the alien’s lawful admission
for permanent residence as of the date of such approval.’’.
(g) ANNUAL REPORTS.—On or before October 31 of each year,
the Attorney General shall submit a report to the appropriate
congressional committees setting forth, with respect to the preceding
fiscal year, the number, if any, of otherwise eligible applicants
who did not receive visas under section 101(a)(15)(T) of the
Immigration and Nationality Act, as added by subsection (e), or
who were unable to adjust their status under section 245(l) of
such Act, solely on account of the unavailability of visas due to
a limitation imposed by section 214(n)(1) or 245(l)(4)(A) of such
Act.
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF-
FICKING.
(a) MINIMUM STANDARDS.—For purposes of this division, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or destination
for a significant number of victims of severe forms of trafficking
are the following:
(1) The government of the country should prohibit severe
forms of trafficking in persons and punish acts of such traf-
ficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent,
or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe
punishment commensurate with that for grave crimes, such
as forcible sexual assault.
(3) For the knowing commission of any act of a severe
form of trafficking in persons, the government of the country
should prescribe punishment that is sufficiently stringent to
deter and that adequately reflects the heinous nature of the
offense.
(4) The government of the country should make serious
and sustained efforts to eliminate severe forms of trafficking
in persons.
(b) CRITERIA.—In determinations under subsection (a)(4), the
following factors should be considered as indicia of serious and
sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of trafficking
H. R. 3244—18
in persons that take place wholly or partly within the territory
of the country.
(2) Whether the government of the country protects victims
of severe forms of trafficking in persons and encourages their
assistance in the investigation and prosecution of such traf-
ficking, including provisions for legal alternatives to their
removal to countries in which they would face retribution or
hardship, and ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for unlawful
acts as a direct result of being trafficked.
(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in persons,
such as measures to inform and educate the public, including
potential victims, about the causes and consequences of severe
forms of trafficking in persons.
(4) Whether the government of the country cooperates with
other governments in the investigation and prosecution of
severe forms of trafficking in persons.
(5) Whether the government of the country extradites per-
sons charged with acts of severe forms of trafficking in persons
on substantially the same terms and to substantially the same
extent as persons charged with other serious crimes (or, to
the extent such extradition would be inconsistent with the
laws of such country or with international agreements to which
the country is a party, whether the government is taking all
appropriate measures to modify or replace such laws and trea-
ties so as to permit such extradition).
(6) Whether the government of the country monitors
immigration and emigration patterns for evidence of severe
forms of trafficking in persons and whether law enforcement
agencies of the country respond to any such evidence in a
manner that is consistent with the vigorous investigation and
prosecution of acts of such trafficking, as well as with the
protection of human rights of victims and the internationally
recognized human right to leave any country, including one’s
own, and to return to one’s own country.
(7) Whether the government of the country vigorously
investigates and prosecutes public officials who participate in
or facilitate severe forms of trafficking in persons, and takes
all appropriate measures against officials who condone such
trafficking.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS.
Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
‘‘(a) AUTHORIZATION.—The President is authorized to provide
assistance to foreign countries directly, or through nongovernmental
and multilateral organizations, for programs, projects, and activities
designed to meet the minimum standards for the elimination of
trafficking (as defined in section 103 of the Trafficking Victims
Protection Act of 2000), including—
‘‘(1) the drafting of laws to prohibit and punish acts of
trafficking;
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‘‘(2) the investigation and prosecution of traffickers;
‘‘(3) the creation and maintenance of facilities, programs,
projects, and activities for the protection of victims; and
‘‘(4) the expansion of exchange programs and international
visitor programs for governmental and nongovernmental per-
sonnel to combat trafficking.
‘‘(b) FUNDING.—Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of
1989 shall be made available to carry out this section.’’.
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MIN-
IMUM STANDARDS.
(a) STATEMENT OF POLICY.—It is the policy of the United States
not to provide nonhumanitarian, nontrade-related foreign assistance
to any government that—
(1) does not comply with minimum standards for the elimi-
nation of trafficking; and
(2) is not making significant efforts to bring itself into
compliance with such standards.
(b) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—Not later than June 1 of each year,
the Secretary of State shall submit to the appropriate congres-
sional committees a report with respect to the status of severe
forms of trafficking in persons that shall include—
(A) a list of those countries, if any, to which the min-
imum standards for the elimination of trafficking are
applicable and whose governments fully comply with such
standards;
(B) a list of those countries, if any, to which the min-
imum standards for the elimination of trafficking are
applicable and whose governments do not yet fully comply
with such standards but are making significant efforts
to bring themselves into compliance; and
(C) a list of those countries, if any, to which the min-
imum standards for the elimination of trafficking are
applicable and whose governments do not fully comply
with such standards and are not making significant efforts
to bring themselves into compliance.
(2) INTERIM REPORTS.—In addition to the annual report
under paragraph (1), the Secretary of State may submit to
the appropriate congressional committees at any time one or
more interim reports with respect to the status of severe forms
of trafficking in persons, including information about countries
whose governments—
(A) have come into or out of compliance with the min-
imum standards for the elimination of trafficking; or
(B) have begun or ceased to make significant efforts
to bring themselves into compliance,
since the transmission of the last annual report.
(3) SIGNIFICANT EFFORTS.—In determinations under para-
graph (1) or (2) as to whether the government of a country
is making significant efforts to bring itself into compliance
with the minimum standards for the elimination of trafficking,
the Secretary of State shall consider—
(A) the extent to which the country is a country of
origin, transit, or destination for severe forms of trafficking;