(b) FINAL
REPORT; PUBLIC
AVAILABILITY
OF 
LIST.—Not later than September 30, 2008, the Secretary 
of Labor shall— 
(1) submit to the appropriate congressional 
committees a final report on the implementation of 
section 105(b) of the Trafficking Victims Protection 
Reauthorization Act of 2005, which shall include an 
initial list of goods described in paragraph (2)(C) of 
such section; and 
(2) make available to the public such list of 
goods in accordance with paragraph (2)(C) of such 
section. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ has the meaning given the term in sec-
tion 103 of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102). 
SEC. 112. SENSE OF CONGRESS REGARDING MULTILAT-
ERAL FRAMEWORK BETWEEN LABOR EX-
PORTING AND LABOR IMPORTING COUN-
TRIES. 
It is the sense of Congress that the Secretary of 
State, in conjunction with the International Labor Organi-
zation, the United Nations Office of Drug and Crime Pre-
vention, and other relevant international and nongovern-
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mental organizations, should seek to establish a multilat-
eral framework between labor exporting and labor import-
ing countries to ensure that workers migrating between 
such countries are protected from trafficking in persons 
and worker exploitation of any kind. 
TITLE 
II—COMBATTING 
TRAF-
FICKING IN PERSONS IN THE 
UNITED STATES 
Subtitle A—Ensuring Availability 
of Possible Witnesses and In-
formants 
SEC. 201. PROTECTING TRAFFICKING VICTIMS AGAINST RE-
TALIATION. 
(a) T VISAS.—Section 101(a)(15)(T) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)) is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘jointly;’’ and inserting ‘‘jointly,’’; 
(B) in subclause (I), by striking the 
comma at the end and inserting a semicolon; 
(C) in subclause (II), by adding at the end 
the following: ‘‘, including physical presence on 
account of the alien having been allowed entry 
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into the United States for participation in in-
vestigative or judicial processes;’’; 
(D) in subclause (III)— 
(i) in item (aa), by striking ‘‘or’’ at 
the end; 
(ii) in item (bb), by striking ‘‘, and’’ 
at the end and inserting ‘‘; and’’; 
(iii) by redesignating item (bb) as 
item (cc); and 
(iv) by inserting after item (aa) the 
following: 
‘‘(bb) 
in 
the 
Secretary’s 
sole 
and 
unreviewable discretion, that the alien is un-
likely or unable to cooperate with such a re-
quest due to physical or psychological trauma; 
or’’; and 
(E) in subclause (IV)— 
(i) by striking ‘‘involving unusual and 
severe harm’’; and 
(ii) by adding ‘‘and’’ at the end; 
(2) in clause (ii)(II), by striking ‘‘alien;’’ and 
inserting ‘‘alien and any parents or siblings of such 
alien who establish a present danger of retaliation as 
a result of the alien’s cooperation with law enforce-
ment;’’; and 
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(3) by striking clause (iii). 
(b) REQUIREMENTS FOR T VISA ISSUANCE.—Section 
214(o) of the Immigration and Nationality Act (8 U.S.C. 
1184(o)) is amended by adding at the end the following: 
‘‘(8)(A) If the Secretary of Homeland Security, 
in the Secretary’s discretion and with the consulta-
tion of the Attorney General, determines that a traf-
ficking victim, due to psychological or physical trau-
ma, is unable to cooperate with a request for assist-
ance described in section 101(a)(15)(T)(i)(III)(aa), 
the request is unreasonable. 
‘‘(B) In determining whether extreme hardship 
described in section 101(a)(15)(T)(i)(IV) exists, the 
Secretary of Homeland Security, in consultation 
with investigators, prosecutors, and relevant individ-
uals responsible for working with victims and wit-
nesses shall consider whether the country to which 
the alien is likely to be removed can adequately ad-
dress security concerns and the mental and physical 
health needs of the alien and of persons described in 
section 101(a)(15)(T)(ii).’’. 
(c) EXPANSION OF AUTHORITY TO PERMIT CONTIN-
UED PRESENCE IN THE UNITED STATES.— 
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(1) IN
GENERAL.—Section 107(c)(3) of the 
Trafficking Victims Protection Act (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.—Upon application 
from law enforcement officials, the Sec-
retary of Homeland Security may permit 
an alien’s continued presence in the United 
States if— 
‘‘(I) after a prima facie assess-
ment, the Secretary determines that 
such alien may be a victim of a severe 
form of trafficking; and 
‘‘(II) the Secretary is notified by 
such law enforcement officials that 
such alien may be a potential witness 
to such trafficking, in order to effec-
tuate prosecution of those responsible. 
‘‘(ii) SAFETY.—Federal law enforce-
ment officials described in clause (i), in in-
vestigating and prosecuting traffickers, 
shall protect the safety of trafficking vic-
tims, including taking measures to protect 
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trafficked persons and their family mem-
bers from intimidation, threats of reprisals, 
and reprisals from traffickers and their as-
sociates. 
‘‘(iii) 
CONTINUATION
OF
PRES-
ENCE.—The Secretary shall continue to 
permit the continued presence of an alien 
described in clause (i) if such alien has 
filed a civil action under section 1595 of 
title 18, United States Code, until such ac-
tion is concluded. 
‘‘(B) PAROLE FOR RELATIVES.—Pursuant 
to section 240A(b)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(b)), as 
added by section 205 of the William Wilberforce 
Trafficking Victims Protection Reauthorization 
Act of 2007, law enforcement officials may sub-
mit a written request to the Secretary of Home-
land Security to permit the parole into the 
United States of certain relatives of an alien de-
scribed in subparagraph (A)(i).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of en-
actment of this Act and shall apply to requests for 
continued 
presence 
filed 
pursuant 
to 
section 
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107(c)(3) of the Trafficking Victims Protection Act 
(22 U.S.C. 7105(c)(3)) before, on, or after such 
date, except that this paragraph does not permit the 
application of section 107(c)(3)(A) of such Act, as 
added by paragraph (1), to an alien who is not 
present in the United States. 
(d) ADJUSTMENT OF STATUS .—Section 245(l) of the 
Immigration and Nationality Act (8 U.S.C. 1255(l)) is 
amended— 
(1) in paragraph (1)(B), by inserting ‘‘subject 
to paragraph (6),’’ after ‘‘(B)’’; 
(2) in paragraph (1)(C)(ii), by striking ‘‘involv-
ing unusual and severe harm’’; and 
(3) by adding at the end the following new 
paragraph— 
‘‘(6) For purposes of paragraph (1)(B), the Secretary 
of Homeland Security, in the Secretary’s sole and 
unreviewable discretion, may waive consideration of a dis-
qualification from good moral character (described in sec-
tion 101(f)) with respect to an alien if the disqualification 
was caused by, or was incident to, the trafficking de-
scribed in section 101(a)(15)(T)(i)(I).’’. 
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SEC. 
202. 
INFORMATION 
FOR 
WORK-BASED 
NON-
IMMIGRANTS ON LEGAL RIGHTS AND RE-
SOURCES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of State and the 
Trafficking in Persons and Worker Exploitation Task 
Force, shall develop an information pamphlet, as described 
in subsection (b), on legal rights and resources for aliens 
applying for employment- or education-based non-
immigrant visas, and shall distribute and make such pam-
phlet available as described in subsection (e). In preparing 
the information pamphlet, the Secretary of Homeland Se-
curity shall consult with nongovernmental organizations 
with expertise on the legal rights of workers and victims 
of severe forms of trafficking in persons. 
(b) INFORMATION
PAMPHLET.—The information 
pamphlet developed under subsection (a) shall include in-
formation on employment- or education-based non-
immigrant visas or on student or cultural exchanges, as 
follows: 
(1) The nonimmigrant visa application proc-
esses, including information about whether the par-
ticular 
employment- 
or 
education-based 
non-
immigrant visa program includes portability of em-
ployment or educational institution. 
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(2) The illegality of slavery, peonage, traf-
ficking in persons, sexual assault, extortion, black-
mail, and worker exploitation in the United States. 
(3) Services for victims of severe forms of traf-
ficking in persons and worker exploitation in the 
United States, including the Trafficking in Persons 
and Worker Exploitation Task Force complaint line 
and the Operation Rescue and Restore hotline. 
(4) The legal rights of immigrant victims of 
worker exploitation and other crimes in immigration, 
criminal justice, family law, and other matters, in-
cluding the right of access to immigrant and labor 
rights groups, the right to seek redress in United 
States courts, and the right to report abuse without 
retaliation. 
(5) The requirements that subsection (g) places 
upon a person engaging in foreign labor contracting 
activity, including the disclosure of any debts. 
(c) SUMMARIES.—The Secretary of Homeland Secu-
rity, in consultation with the Attorney General and the 
Secretary of State, shall develop summaries of the infor-
mation pamphlet developed under subsection (a) that shall 
be used by Federal officials when reviewing the pamphlet 
in interviews required by section 110. 
(d) TRANSLATION.— 
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(1) IN GENERAL.—In order to best serve the 
language groups having the greatest concentration of 
employment- or education-based nonimmigrant visas, 
the information pamphlet developed under sub-
section (a) shall, subject to paragraph (2), be trans-
lated by the Secretary of State into foreign lan-
guages, including Russian, Spanish, Tagalog, Viet-
namese, Chinese, Ukrainian, Thai, Korean, Polish, 
Japanese, French, Creole, Arabic, Portuguese, 
Hindi, and such other languages as the Secretary of 
State, in the Secretary’s discretion, may specify. 
(2) REVISION.—Every 2 years, the Secretary of 
Homeland Security, in consultation with the Attor-
ney General and the Secretary of State, shall deter-
mine at least 14 specific languages into which the 
information pamphlet shall be translated based on 
the languages spoken by the greatest concentrations 
of employment- or education-based nonimmigrant 
visas. 
(e) 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 and the Department of Homeland Security, 
as well as on the websites of all United States con-
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sular posts processing applications for nonimmigrant 
visas. 
(2) OTHER
DISTRIBUTION.—The information 
pamphlet developed under subsection (a) shall also 
be made available to any foreign labor broker, gov-
ernment agency, or nongovernmental advocacy orga-
nization. 
(f) DEADLINE FOR PAMPHLET DEVELOPMENT AND 
DISTRIBUTION.—The information pamphlet developed 
under subsection (a) shall be distributed and made avail-
able (including in the languages specified under subsection 
(d)) not later than 120 days after the date of the enact-
ment of this Act. 
(g) 
PROTECTIONS
FOR
WORKERS
RECRUITED 
ABROAD.— 
(1) DEFINITIONS.—In this section— 
(A) the term ‘‘foreign labor contractor’’ 
means any person who for any money or other 
consideration paid or promised to be paid, per-
forms any foreign labor contracting activity; 
(B) the term ‘‘foreign labor contracting ac-
tivity’’ means recruiting, soliciting, hiring, em-
ploying, or furnishing, an individual who resides 
outside of the United States to be employed in 
the United States; and 
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(C) the term ‘‘worker’’ means an individual 
who is the subject of foreign labor contracting 
activity. 
(2) DISCLOSURE.—Any person who engages in 
foreign labor contracting activity shall ascertain and 
disclose in writing, in English and in a language un-
derstood by the worker being recruited, to each 
worker who is recruited for employment, at the time 
of the worker’s recruitment, the following informa-
tion: 
(A) The location and period of employ-
ment, and any travel or transportation expenses 
to be assessed. 
(B) The compensation for the employment 
and any other employee benefit to be provided 
and any costs to be charged for each benefit. 
(C) A description of employment require-
ments and activities. 
(D) The existence of any labor organizing 
effort, strike, lockout, or other labor dispute at 
the place of employment. 
(E) The existence of any arrangement with 
any person involving the receipt of a commis-
sion or any other benefit for the provision of 
items or services to workers. 
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(F) The extent to which workers will be 
compensated through workers’ compensation, 
private insurance, or other means for injuries or 
death. 
(G) Any education or training to be pro-
vided or required, including the nature and cost 
of such training and the person who will pay 
such costs, and whether the training is a condi-
tion of employment, continued employment, or 
future employment. 
(3) RESTRICTION.—No foreign labor contractor 
or employer who engages in foreign labor con-
tracting activity shall knowingly provide materially 
false or misleading information to any worker con-
cerning any matter required to be disclosed under 
paragraph (2). The disclosure required by this sec-
tion is a document concerning the proper adminis-
tration of a matter within the jurisdiction of a de-
partment or agency of the United States for the pur-
poses of section 1519 of title 18, United States 
Code. 
(4) REGISTRATION.— 
(A) IN GENERAL.—Before engaging in any 
foreign labor contracting activity, any person 
who is a foreign labor contractor shall obtain a 
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certificate of registration from the Secretary of 
Labor specifying the activities that such person 
is authorized to perform. 
(B) ISSUANCE.—The Secretary shall pro-
mulgate regulations to establish an efficient 
electronic process for the investigation and ap-
proval of an application for a certificate of reg-
istration of foreign labor contractors not later 
than 14 days after such application is filed, in-
cluding— 
(i) requirements under paragraphs 
(1), (4), and (5) of section 102 of the Mi-
grant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1812); 
(ii) an expeditious means to update 
registrations and renew certificates; and 
(iii) any other requirements that the 
Secretary may prescribe. 
(C) TERM OF REGISTRATION.—Unless sus-
pended or revoked, a certificate under this sub-
paragraph shall be valid for 2 years. 
(D) REFUSAL TO ISSUE; REVOCATION.—In 
accordance with regulations promulgated by the 
Secretary of Labor, the Secretary shall refuse 
to issue or renew, or shall revoke, after notice 
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and an opportunity for a hearing, a certificate 
of registration under this subparagraph if— 
(i) the applicant for, or holder of, the 
certification has knowingly made a mate-
rial misrepresentation in the application 
for such certificate; 
(ii) the applicant for, or holder of, the 
certification is not the real party in inter-
est in the application or certificate of reg-
istration and the real party in interest— 
(I) is a person who has been re-
fused issuance or renewal of a certifi-
cate; 
(II) has had a certificate revoked; 
or 
(III) does not qualify for a cer-
tificate under this paragraph; or 
(iii) the applicant for, or holder of, the 
certification has failed to comply with this 
Act. 
(E) COMPLAINTS AND INVESTIGATIONS.— 
The Secretary of Labor shall establish a process 
for the receipt, investigation, and disposition of 
complaints respecting a foreign labor contrac-
tor’s compliance with this Act. Complaints may 
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be filed by any aggrieved person or organization 
(including bargaining representatives). No in-
vestigation or hearing shall be conducted on a 
complaint concerning a violation of this Act un-
less the complaint was filed not later than 12 
months after the date of the violation. The Sec-
retary shall conduct an investigation under this 
paragraph if there is reasonable cause to believe 
that such a violation occurred. 
(F) MAINTENANCE OF LISTS.— 
(i) IN GENERAL.—The Secretary shall 
maintain a list of all foreign labor contrac-
tors registered under this Act; and 
(ii) PUBLIC AVAILABILITY.—The Sec-
retary shall make the list described in 
clause (i) publicly available, including 
through publication on the Internet. 
(G) RE-REGISTRATION
OF
VIOLATORS.— 
The Secretary shall provide a procedure by 
which a foreign labor contractor that has had 
its registration revoked may seek to re-register 
under this paragraph by demonstrating to the 
Secretary’s satisfaction that the foreign labor 
contractor has not violated this section in the 
previous 5 years. 
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(5) AMENDMENT
TO
IMMIGRATION
AND
NA-
TIONALITY ACT.—Section 214 of the Immigration 
and Nationality Act is amended by adding at the 
end the following: 
‘‘(s) A visa shall not be issued under the subpara-
graph (A)(iii), (G)(v), (H), (J), (L), (Q), or (R) of section 
101(a)(15) until the consular officer— 
‘‘(1) has provided to and reviewed with the ap-
plicant, in the applicant’s language (or a language 
the applicant understands), a copy of the informa-
tion and resources pamphlet required by section 202 
of the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2007; and 
‘‘(2) has reviewed and made a part of the visa 
file the foreign labor recruiter disclosures required 
by such section 202.’’. 
(6) ENFORCEMENT PROVISIONS.— 
(A) ADMINISTRATIVE
ENFORCEMENT.— 
The Secretary of Labor may impose, for know-
ingly or recklessly failing to comply with the re-
quirements of this section— 
(i) a fine in an amount not more than 
$4,000 per affected worker; and 
(ii) upon the occasion of a third of-
fense or failure to comply with representa-
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tions, a fine of not more than $10,000 per 
affected worker. 
(B) CIVIL ACTION.— 
(i) IN
GENERAL.—The Secretary of 
Labor may bring a civil action in any court 
of competent jurisdiction— 
(I) to seek remedial action, in-
cluding injunctive relief; 
(II) to recover damages suffered 
by any worker harmed by such a vio-
lation, which shall include wages 
owed, and any debts incurred or fees 
paid by such worker, to any person, in 
reliance on the representations of the 
defendant or agents of the defendants; 
and 
(III) to ensure compliance with 
requirements of this section. 
(ii) SUMS RECOVERED.—Any sums re-
covered by the Secretary on behalf of an 
employee under clause (i) shall be held in 
a special deposit account and shall be paid, 
on order of the Secretary, directly to each 
employee affected. Any such sums not paid 
to an employee because of inability to do 
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so within a period of 3 years shall be cred-
ited as an offsetting collection to the ap-
propriations account of the Secretary of 
Labor for expenses for the administration 
of this section and shall remain available 
to the Secretary until expended. 
(iii) REPRESENTATION.—Except as 
provided in section 518(a) of title 28, 
United States Code, the Solicitor of Labor 
may appear for and represent the Sec-
retary of Labor in any civil litigation 
brought under this subsection. All such 
litigation shall be subject to the direction 
and control of the Attorney General. 
(C) AGENCY LIABILITY.—An employer who 
retains the services of a foreign labor contractor 
shall only use those foreign labor contractors 
who are registered under paragraph (4). An 
employer who uses a foreign labor contractor 
who is not registered under paragraph (4), or 
who uses a foreign labor contractor knowing or 
in reckless disregard that such contractor has 
violated any provision of this section, shall be 
subject to paragraph (5) for violations com-
mitted by such foreign labor contractor to the 
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same extent as if the employer had committed 
the violation. 
(h) DEFINITIONS.—In this section: 
(1) EMPLOYMENT- OR EDUCATION-BASED NON-
IMMIGRANT VISA.—The term ‘‘employment- or edu-
cation-based nonimmigrant visa’’ means a non-
immigrant visa issued for the purpose of employ-
ment, education, or training in the United States, 
including a visas issued under subparagraph (A)(iii), 
(G)(v), (H), (J), (L), (Q), or (R) of section 
101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)). 
(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). 
SEC. 203. CLARIFICATION OF ROLES OF SECRETARY OF 
HOMELAND SECURITY AND ATTORNEY GEN-
ERAL. 
(a) 
T 
VISA
CLASSIFICATION.—Section 
101(a)(15)(T)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(T)(i)), as amended by section 
201(a), is further amended by striking ‘‘, or in the case 
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of subclause (III)(aa) the Secretary of Homeland Security 
and the Attorney General jointly,’’. 
(b) ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING.—Section 245(l)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1255(l)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘, or in the case of subparagraph (C)(i), 
the Attorney General,,’’; 
(2) in subparagraph (A), by striking ‘‘Attorney 
General,’’ and inserting ‘‘Secretary of Homeland Se-
curity,’’; and 
(3) in subparagraph (C)(ii), by striking ‘‘, or in 
the case of subparagraph (C)(i), the Attorney Gen-
eral,’’. 
(c) ADJUSTMENT OF STATUS FOR CRIME VICTIMS.— 
Section 245(m)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1255(m)(1)) is amended, in the matter pre-
ceding subparagraph (A), by striking ‘‘unless the Attorney 
General’’ and inserting ‘‘unless the Secretary’’. 
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: 
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‘‘(d)(1) In the case of an alien in the United States 
for whom an application for nonimmigrant status (wheth-
er as a principal alien or a derivative relative) under sec-
tion 101(a)(15)(T) has been filed, if the application sets 
forth a prima facie case for approval, the Secretary of 
Homeland Security may grant the alien a stay of removal 
or deportation until the application is approved or the ap-
plication is denied after exhaustion of administrative ap-
peals. Any appeal of the denial of a stay of removal or 
deportation under this paragraph must accompany any 
appeal of the underlying substantive petition or applica-
tion for benefits. 
‘‘(2) During a period in which an alien is provided 
a stay of removal under this subsection, the alien shall 
not be removed or deported. 
‘‘(3) Nothing in this subsection shall be construed as 
limiting the authority of the Secretary of Homeland Secu-
rity to grant a stay of removal or deportation in any case 
not described in this subsection.’’. 
SEC. 205. PAROLE FOR DERIVATIVES OF TRAFFICKING VIC-
TIMS. 
Section 240A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(b)) is amended by adding at the end 
the following: 
‘‘(6) RELATIVES OF TRAFFICKING VICTIMS.— 
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SEC. 206. IMPLEMENTATION OF TRAFFICKING VICTIMS 
PROTECTION 
REAUTHORIZATION 
ACT 
OF 
2005. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
issue interim regulations regarding the adjustment of sta-
tus to permanent residence for nonimmigrants admitted 
into the United States under section 101(a)(15)(T) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)). If the regulations are not issued before 
such deadline, the Secretary shall submit a report explain-
ing in detail the reasons such regulations have not been 
issued to the Committee on Foreign Affairs and the Com-
mittee on the Judiciary of the House of Representatives 
and the Committee on Foreign Relations and the Com-
mittee on the Judiciary of the Senate. 
Subtitle B—Assistance for 
Trafficking Victims 
SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROC-
ESS. 
Subsection 107(b)(1)(E) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)), is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘consultation’’ and all that follows 
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through ‘‘person’’ and inserting ‘‘consultation 
with the Attorney General or the Secretary of 
Homeland Security, that the person’’; and 
(B) in subclause (II)(bb), by striking 
‘‘United States’’ and all that follows through 
‘‘ensuring’’ and inserting ‘‘United States the 
Secretary of Homeland Security is ensuring’’; 
and 
(2) in clause (ii), by striking ‘‘so long as’’ and 
all that follows through ‘‘determines’’ and inserting 
‘‘so long as the Secretary of Homeland Security de-
termines’’. 
SEC. 212. ASSISTANCE FOR CERTAIN VISA 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) by striking ‘‘or’’ at the end of paragraph 
(2)(B); 
(2) by striking the period at the end of para-
graph (3)(B) and inserting ‘‘or;’’; and 
(3) by adding at the end the following: 
‘‘(4) an alien who has applied for and not been 
denied, or who holds, status as a nonimmigrant 
under clause (i) or (ii) of section 101(a)(15)(T) of 
the Immigration and Nationality Act.’’. 
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(b) CONSTRUCTION.—The provisions of section 
431(c)(4) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(4)), 
as added by subsection (a), are in addition to the access 
to public benefits provided in the Trafficking Victims Pro-
tection Act of 2000 and the Trafficking Victims Reauthor-
ization Act of 2003. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to applications for public benefits and 
public benefits provided on or after the date of the enact-
ment of this Act without regard to whether regulations 
to carry out such amendments are implemented. 
SEC. 213. INTERIM ASSISTANCE FOR CHILD VICTIMS OF 
TRAFFICKING. 
(a) IN GENERAL.—Subsection (b)(1) of section 107 
of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105) is amended by adding at the end the fol-
lowing new subparagraphs: 
‘‘(F) ELIGIBILITY OF INTERIM ASSISTANCE 
FOR CHILD VICTIMS.— 
‘‘(i) DETERMINATION.—With respect 
to a person referred to in subparagraph 
(C)(ii)(I) who is seeking assistance under 
this paragraph, if credible information is 
presented on behalf of the person that the 
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person has been subjected to a severe form 
of trafficking in persons, the Secretary of 
Health and Human Services shall promptly 
make a determination of the person’s eligi-
bility under this paragraph. 
‘‘(ii) EXCLUSIVE
AUTHORITY.—The 
Secretary of Health and Human Services 
shall have exclusive authority in making 
determinations of edibility under clause (i). 
‘‘(iii) 
DURATION.—Assistance 
pro-
vided under this paragraph for an indi-
vidual determined to be eligible under 
clause (i) may be provided for up to 90 
days and may be extended for an addi-
tional 30 days. 
‘‘(iv) SENSE OF CONGRESS.—It is the 
sense of Congress that— 
‘‘(I) to ensure the best interests 
of the child and to create an increased 
chance of cooperation by child victims 
of severe forms of trafficking in per-
sons, the United States Government 
should provide assistance to protect 
and care for such child victims during 
the pendency of proceedings to deter-
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mine whether a child is a victim of se-
vere forms of trafficking; and 
‘‘(II) in order to further the ob-
jective of subclause (I), the Secretary 
of Health and Human Services should 
make the determination of eligibility 
for assistance under clause (i) on the 
basis of the information provided and 
the Secretary’s own assessment of 
such information without regard to 
the assessments by other departments 
and agencies of the United States 
Government regarding whether such 
child victim’s application for relief or 
benefits under this Act or the Immi-
gration and Nationality Act will be 
approved. 
‘‘(G) NOTIFICATION
OF
CHILD
VICTIMS 
FOR INTERIM ASSISTANCE.— 
‘‘(i) FEDERAL OFFICIALS.—Any Fed-
eral official who has reason to believe that 
a person may be a juvenile victim of traf-
ficking 
referred 
to 
in 
subparagraph 
(C)(ii)(I) shall notify the Secretary of 
Health and Human Services not later than 
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48 hours after the official first learns that 
the person may be a juvenile victim of traf-
ficking for the purpose of facilitating the 
provision of interim assistance under sub-
paragraph (F). 
‘‘(ii) STATE AND LOCAL OFFICIALS.— 
Any State or local official who has reason 
to believe that a person may be a juvenile 
victim of trafficking referred to in subpara-
graph (C)(ii)(I) shall notify the Secretary 
of Health and Human Services not later 
than 72 hours after the official first learns 
that the person may be a juvenile victim of 
trafficking for the purpose of facilitating 
the provision of interim assistance under 
subparagraph (F).’’. 
(b) TRAINING OF GOVERNMENT PERSONNEL.—Sub-
section (c)(4) of such section is amended— 
(1) by striking ‘‘and the Department of Jus-
tice’’ and inserting ‘‘, the Department of Homeland 
Security, and the Department of Health and Human 
Services’’; 
(2) by inserting before the period at the end the 
following: ‘‘, including the identification of juvenile 
victims of trafficking’’; and 
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(3) by adding at the end the following new sen-
tence: ‘‘The Attorney General and the Secretary of 
Heath and Human Services shall provide education 
and guidance to State and local officials on the iden-
tification of aliens who are the victims of severe 
forms of trafficking, and in particular child victims 
of trafficking, including education and guidance on 
the requirements of subsection (b)(1)(G)(ii).’’. 
SEC. 214. ENSURING ASSISTANCE FOR ALL VICTIMS OF 
TRAFFICKING IN PERSONS. 
(a) AMENDMENTS TO THE TRAFFICKING VICTIMS 
PROTECTION ACT OF 2000.— 
(1) ASSISTANCE
FOR
UNITED
STATES
CITI-
ZENS.—Section 107 of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7105) is amended by 
adding at the end the following: 
‘‘(h) ASSISTANCE FOR UNITED STATES CITIZENS.— 
‘‘(1) IN GENERAL.—The Secretary of Health 
and Human Services and the Attorney General, in 
consultation with the Secretary of State and the 
Secretary of Labor, are authorized to establish a 
program to provide assistance to United States citi-
zens who are victims of severe forms of trafficking. 
In determining the types of assistance that would be 
most beneficial for such victims, the Secretary of 
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Health and Human Services and the Attorney Gen-
eral shall consult with nongovernmental organiza-
tions that provide services to victims of severe forms 
of trafficking in the United States. 
‘‘(2) USE OF EXISTING PROGRAMS.—In addi-
tion to such other specialized services as may be re-
quired for victims described in paragraph (1), the 
program established pursuant to paragraph (1) shall 
facilitate communication and coordination between 
the providers of assistance to such victims, and pro-
vide a means of identifying such providers and mak-
ing 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.—The Secretary of Health and 
Human Services and the Attorney General may 
make grants to States, Indian tribes, units of local 
government, and non-profit, nongovernmental vic-
tims’ service organizations to develop, expand, and 
strengthen victim service programs authorized under 
this subsection. The Federal share of a grant made 
under this subsection may not exceed 75 percent of 
the total costs of the projects described in the appli-
cation submitted.’’. 
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(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 113 of such Act (22 U.S.C. 7110) is amend-
ed— 
(A) in subsection (b), by adding at the end 
the following new sentence: ‘‘To carry out the 
purposes of section 107(h), there are authorized 
to be appropriated to the Secretary of Health 
and Human Services $2,500,000 for fiscal year 
2008, $5,000,0000 for fiscal year 2009, 
$10,000,000 
for 
fiscal 
year 
2010, 
and 
$15,000,000 for fiscal year 2011.’’; and 
(B) in subsection (d), by adding at the end 
the following new sentence: ‘‘To carry out the 
purposes of section 107(h), there are authorized 
to be appropriated to the Attorney General 
$2,500,000 for fiscal year 2008, $5,000,0000 
for fiscal year 2009, $10,000,000 for fiscal year 
2010, and $15,000,000 for fiscal year 2011.’’. 
(b) ASSISTANCE FOR POTENTIAL VICTIMS OF TRAF-
FICKING AND RELATED CRIMES.— 
(1) VICTIMS
OF
CRIMES
ACT.—The Attorney 
General is authorized to use funds available under 
the Victims of Crimes Act of 1984 to provide assist-
ance to persons victimized in cases brought under 
chapter 117 of title 18, United States Code. 
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(2) USE OF EXISTING PROGRAMS.—The Presi-
dent is authorized to facilitate communication and 
coordination between the providers of assistance to 
persons victimized in cases brought under chapter 
117 of title 18, United States Code, and to provide 
a means of identifying such providers and making 
referrals to programs for which such victims are al-
ready eligible (including programs administered by 
the Department of Justice and the Department of 
Health and Human Services). 
(3) EFFECT ON OTHER PROGRAMS.—Nothing 
in this section or the amendments made by this sec-
tion shall derogate from the programs for victims of 
sexual abuse or commercial sexual exploitation or 
survivors of sexual abuse or commercial sexual ex-
ploitation authorized by section 202 of the Traf-
ficking Victims Protection Reauthorization of 2005. 
(c) PARTNERSHIPS AMONG ORGANIZATIONS.—Begin-
ning not later than 120 days after the date of the enact-
ment of this Act, all applications for grants made by the 
Attorney General or the Secretary of Health and Human 
Services to States, Indian tribes, units of local govern-
ment, and nonprofit, nongovernmental victims’ service or-
ganizations to establish or maintain assistance programs 
for victims of severe forms of trafficking in persons or sex 
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trafficking that occurs, in whole or in part, within the ter-
ritorial jurisdiction of the United States shall include a 
statement by the applicant of whether the services will be 
available to both United States citizens and foreign traf-
ficking victims, or if the applicant intends to specialize in 
serving a particular victim population, what referral mech-
anisms or collaborative relationships they will undertake 
to ensure that all victims are assisted regardless of 
alienage. The statement required by this section will not 
be used to make a determination regarding the award of 
the grant. 
(d) STUDY.— 
(1) REQUIREMENT.—Not later than one year 
after the date of the enactment of this Act, the At-
torney General and the Secretary of Health and 
Human Services shall submit to the appropriate con-
gressional committees a report identifying the exist-
ence or extent of any service gap between foreign 
and United States citizen victims of severe forms of 
trafficking and victims of sex trafficking, as defined 
in section 103 of the Trafficking Victims Protection 
Act of 2000. 
(2) ELEMENTS.—In carrying out the study 
under subparagraph (1), the Attorney General and 
Secretary of Health and Human Services shall— 
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(E) include findings, best practices, and 
recommendations based on the study of the ele-
ments in subparagraphs (A) through (D) and 
any other related information. 
Subtitle C—Penalties Against 
Traffickers and Other Crimes 
SEC. 221. ENHANCING TRAFFICKING AND OTHER RELATED 
OFFENSES. 
(a) CLARIFYING AMENDMENT.—Section 1591(a) of 
title 18, United States Code, is amended— 
(1) by striking ‘‘that the person has not at-
tained the age of 18 years and’’ and inserting ‘‘that 
the person (being a person who has not attained the 
age of 18 years)’’; and 
(2) by inserting at the end ‘‘In a prosecution 
under this subsection, the Government need not 
prove that the defendant knew that the person had 
not attained the age of 18 years.’’. 
(b) COMPELLED SERVICE.— 
(1) IN
GENERAL.—Section 1592 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 1592. Unlawful compelled service 
‘‘(a) GENERALLY.—Whoever knowingly, with intent 
to obtain or maintain the labor or services of a person 
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or to obtain or maintain a person for use in a commercial 
sex act (as defined in section 1591)— 
‘‘(1) destroys, conceals, removes, confiscates, or 
possesses any actual or purported passport or other 
immigration document, or any other actual or pur-
ported government identification document, of an-
other person to prevent or restrict or to attempt to 
prevent or restrict, without lawful authority, the per-
sons ability to move or travel; 
‘‘(2) improperly uses a position of real or ap-
parent governmental authority; 
‘‘(3) asserts as fact, exposes, or threatens to ex-
pose, a matter, whether true or false, tending to 
subject some person to hatred, contempt or ridicule; 
or 
‘‘(4) exposes any person to bankruptcy or other 
financial harm, 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—A violator of subsection (a) 
shall— 
‘‘(1) if the offense involved a violation of sub-
section (a)(1) or (2), or a violation of subsection 
(a)(3) in which bodily injury, incarceration, or de-
portation occurred as a result of the blackmail, be 
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fined under this title or imprisoned not more than 
5 years, or both; 
‘‘(2) if the offense involved a violation of sub-
section (a)(3) not resulting in bodily injury or incar-
ceration, or a violation of subsection (a)(4) in which 
bankruptcy or financial harm occurred and the loss 
of at least one person was over ten thousand dollars, 
be fined under this title or imprisoned not more 
than 3 years, or both; and 
‘‘(3) in any other case, be fined under title 18, 
United States Code, or imprisoned not more than 
one year, or both. 
‘‘(c) DEFINITION.—For purposes of this paragraph, 
‘financial harm’ includes the factors set forth in section 
892(b) of this title, and fees charged for foreign labor con-
tracting activity, as defined in section 202(g) of the Wil-
liam Wilberforce Trafficking Reauthorization Act of 2007, 
that are not reasonably related to services provided to the 
foreign worker.’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to section 1592 in the table of sections at the begin-
ning of chapter 77 of title 18, United States Code, 
is amended to read as follows: 
‘‘1592.Unlawful compelled service.’’. 
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(c) RESTITUTION OF FORFEITED ASSETS.—(1) Sec-
tion 1593(b) of title 18, United States Code, is amended 
by inserting at the end the following: 
‘‘(4) The distribution of proceeds among multiple vic-
tims in an order of restitution under this section shall gov-
ern the distribution of forfeited funds through the proc-
esses of remission or restoration under this section or any 
other statute that explicitly authorizes restoration or re-
mission of forfeited property.’’ 
(2) Section 1594 of title 18, United States Code, is 
amended— 
(A) in subsection (b), by striking ‘‘The court,’’ 
and inserting ‘‘Subject to remission or restoration, 
the court,’’; and 
(B) in subsection (c), by adding at the end the 
following: 
‘‘(3) The Attorney General shall grant restoration or 
remission of property to victims of a offense under this 
chapter that result in forfeiture under this section or 
under any other statute that explicitly authorizes restora-
tion or remission of forfeited property. 
‘‘(4) In a prosecution brought under any other provi-
sion of Federal law, the Attorney General may grant res-
toration or remission of property to victims of severe forms 
of trafficking as defined in section 103 of the Trafficking 
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Victims Protection Act of 2000, in accordance with section 
1594(b)(4).’’. 
(d) ENHANCEMENT OF CIVIL ACTION.—Section 1595 
of title 18, United States Code, is amended— 
(1) in subsection (a) by— 
(A) by striking ‘‘of section 1589, 1590, or 
1591’’; and 
(B) by inserting ‘‘(or any person who 
knowingly benefits, financially or by receiving 
anything of value from participation in a ven-
ture which has engaged in an act in violation of 
this chapter)’’ after ‘‘perpetrator’’. 
(2) by adding at the end the following: 
‘‘(c) No action shall be maintained under this section 
unless it is commenced within 10 years after the cause 
of action arose.’’. 
(e) 
ENDING
FOREIGN
LABOR
CONTRACTING 
ABUSES.— 
(1) IN
GENERAL.—Chapter 73 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 1521. Retaliation in foreign labor contracting 
‘‘(a)(1) Whoever knowingly uses intimidation, threat-
ens, or corruptly persuades another person, or attempts 
to do so, or engages in misleading conduct toward another 
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person, with intent to prevent or to retaliate against such 
person for— 
‘‘(A) the disclosure of information by such per-
son concerning violations with respect to aliens of 
the provisions of employment-based immigration 
programs or any other Federal labor or employment 
law; or 
‘‘(B) the cooperation of such person in an in-
vestigation or other proceeding concerning compli-
ance with respect to aliens with the requirements of 
employment-based immigration programs or any 
other Federal labor or employment law, 
shall be punished as provided in paragraph (2). 
‘‘(2) A violator of paragraph (1) shall— 
‘‘(A) if death results from the violation, or if 
the violation includes kidnapping or an attempt to 
kidnap, aggravated sexual abuse, or the attempt to 
commit aggravated sexual abuse, or an attempt to 
kill, be fined under this title or imprisoned for any 
term of years or life, or both; 
‘‘(B) if the offense resulted in bodily injury, but 
not death, be fined under this title or imprisoned for 
not more than 10 years, or both; or 
‘‘(C) in any other case, be fined under this title 
or imprisoned not more than 5 years, or both. 
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‘‘(b) An individual who is the victim of an offense 
under this section may, in a civil action, recover damages 
(including reasonable attorneys’ fees) for the harm done 
the victim by that offense. Any civil action filed under this 
section shall be stayed during the pendency of any crimi-
nal action arising out of the same occurrence in which the 
claimant is the victim. 
‘‘(c) For the purposes of this section, the term ‘em-
ployment-based immigration’ means a nonimmigrant visa 
issued for the purpose of employment, student exchange 
employment, or job training in the United States, includ-
ing those issued under subparagraph (A)(iii), (G)(v), (H), 
(J), (L), (Q), or (R) of section 101(a)(15) of the Immigra-
tion and Nationality Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 73 of title 18, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘1521. Retaliation in foreign labor contracting.’’. 
(f) TRANSPORTATION GENERALLY.—Section 2421 of 
title 18, United States Code, is amended— 
(1) by inserting ‘‘or affecting’’ after ‘‘individual 
in’’; and 
(2) by inserting ‘‘in the special maritime and 
territorial jurisdiction of the United States,’’ after 
‘‘foreign commerce,’’. 
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shall be fined under this title, imprisoned not more than 
10 years, or both. 
‘‘(d) INCREASED PENALTY FOR OFFENSES INVOLV-
ING CHILDREN.—If the illicit sexual conduct is with a 
child, the maximum term of imprisonment for an offense 
under this section is 30 years. 
‘‘(e) ATTEMPT
AND
CONSPIRACY.—Whoever at-
tempts or conspires to violate this section shall be punish-
able in the same manner as for the completed violation. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illicit sexual conduct’ means— 
‘‘(A) a sexual act (as defined in section 
2246) that would be in violation of chapter 
109A if the sexual act occurred in the special 
maritime and territorial jurisdiction of the 
United States; or 
‘‘(B) any commercial sex act (as defined in 
section 1591); and 
‘‘(2) the term ‘child’ means a person under 18 
years of age. 
‘‘(g) DEFENSE.—In a prosecution under this section 
for a violation where an element of the offense involves 
commercial sex act with a child, it is a defense, which the 
defendant must establish by a preponderance of the evi-
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dence, that the person engaging in that act reasonably be-
lieved that the other person was not a child.’’; 
(2) CONFORMING AMENDMENT.—Section 2423 
of title 18, United States Code, is amended by strik-
ing subsections (b) through (g). 
(3) AMENDMENT
TO
TABLE
OF
SECTIONS.— 
The table of sections at the beginning of chapter 
117 of title 18, United States Code, is amended by 
inserting after the item relating to section 2423 the 
following new item: 
‘‘2423A. Sex tourism.’’. 
(h) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall 
review and, if appropriate, amend the sentencing guide-
lines and policy statements applicable— 
(1) to persons convicted of offenses created by 
this section other than those created by subsections 
(f) and (g), to ensure conformity with the United 
States Sentencing Guidelines, sections 2H4.1 (peon-
age offenses) and 2H4.2 (labor offenses); and 
(2) to persons convicted of offenses created by 
subsection (f) or (g) of this section, to ensure con-
formity with the United States Sentencing Guide-
lines, sections 2G1.1 (promoting commercial sex acts 
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with persons other than minors) and 2G1.3 (pro-
moting commercial sex acts or prohibited sexual con-
duct with a minor, and related offenses. 
SEC. 222. 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 or victim of the offense 
is a national of the United States or an alien law-
fully admitted for permanent residence (as those 
terms are defined in section 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. 
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‘‘(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 new 
item: 
‘‘1596. Additional jurisdiction in certain trafficking offenses.’’. 
SEC. 223. AMENDMENT OF OTHER CRIMES RELATED TO 
TRAFFICKING. 
(a) ALIENS ENTERING THE UNITED STATES.— 
(1) IN GENERAL.—Section 278 of the Immigra-
tion and Nationality Act (8 U.S.C. 1328) is amend-
ed to read as follows: 
‘‘ALIENS IN PROSTITUTION 
‘‘SEC. 278. (a) GENERALLY.—Whoever, for the pur-
poses of prostitution or for any other any sexual activity 
for which any person can be charged with a criminal of-
fense— 
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‘‘(1) knowingly imports or attempts to import 
any alien; or 
‘‘(2) knowing or in reckless disregard of the 
fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United 
States, knowingly holds, keeps, maintains, supports, 
employs, or harbors the individual in any place in 
the United States, including any building or any 
means of transportation, or attempts to do so, 
shall be fined under title 18, United States Code, or im-
prisoned not more than 10 years, or both. 
‘‘(b) SPECIAL EVIDENTIARY RULE.—In all prosecu-
tions under this section, the testimony of a husband or 
wife shall be admissible and competent evidence against 
each other.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is 
amended by amending the item relating to section 
278 to read as follows: 
‘‘Sec. 278. Aliens in prostitution.’’. 
(b) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall 
review and, if appropriate, amend the sentencing guide-
lines and policy statements applicable to persons convicted 
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