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of such paragraph (4), and any requests for waivers 
of diplomatic immunity that have been made that 
are related to actions involving trafficking of per-
sons, worker exploitation, or other related violations 
of United States law. Such report may be combined 
with the annual report required by section 110(b) of 
the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7107(b)). 
SEC. 111. REPORT ON ACTIVITIES OF THE DEPARTMENT OF 
LABOR TO MONITOR AND COMBAT FORCED 
LABOR AND CHILD LABOR. 
(a) INTERIM REPORT.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Labor shall submit to the appropriate congressional 
committees an interim report on the implementation of 
section 105(b) of the Trafficking Victims Protection Reau-
thorization Act of 2005 (22 U.S.C. 7112(b)), which shall 
include a description of the progress made toward devel-
oping the list of goods described in paragraph (2)(C) of 
such section. 
(b) FINAL
REPORT; PUBLIC
AVAILABILITY
OF 
LIST.—Not later than January 15, 2009, the Secretary 
of Labor shall— 
(1) submit to the appropriate congressional 
committees a final report on the implementation of 
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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-
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. 
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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 ‘‘Security and the Attorney General 
jointly;’’ and inserting ‘‘Security, in consulta-
tion with the Attorney General,’’; 
(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 
into the United States for participation in in-
vestigative or judicial processes;’’; 
(D) in subclause (III)— 
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(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, in consultation with the 
Attorney General, that the alien is unlikely or 
unable to cooperate with such a request due to 
physical or psychological trauma; or’’; and 
(E) in subclause (IV), by adding ‘‘and’’ at 
the end; 
(2) in clause (ii)— 
(A) in subclause (I), by striking ‘‘or’’ at 
the end; 
(B) in subclause (II), by striking ‘‘and’’ at 
the end and inserting ‘‘or’’; and 
(C) by adding the following at the end: 
‘‘(III) any parents or siblings of an alien 
described in subclause (I) or (II) who face a 
present danger of retaliation, as attested to by 
a representative of a law enforcement agency, 
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as a result of the alien’s escape from the severe 
form of trafficking or cooperation with law en-
forcement.’’; and 
(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— 
(1) in paragraph (7)(B)— 
(A) by striking ‘‘subparagraph (A) if a 
Federal’’ and inserting the following: 
‘‘subparagraph (A) if— 
‘‘(i) a Federal’’; 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(ii) the Secretary of Homeland Security deter-
mines, as a matter of the Secretary’s sole discretion, 
that an extension of the period of such non-
immigrant status is warranted due to exceptional 
circumstances.’’; and 
(2) by adding at the end the following: 
‘‘(8) In determining whether extreme hardship de-
scribed in section 101(a)(15)(T)(i)(IV) exists, the Sec-
retary of Homeland Security, in consultation with the At-
torney General and relevant investigators, prosecutors, 
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and individuals responsible for working with victims and 
witnesses, may consider whether the country to which the 
alien is likely to be removed can adequately address secu-
rity concerns and the mental and physical health needs 
of the alien and of persons described in section 
101(a)(15)(T)(ii).’’. 
(c) CONDITIONS ON NONIMMIGRANT STATUS FOR 
CERTAIN CRIME VICTIMS.—Section 214(p)(6) of the Im-
migration and Nationality Act (8 U.S.C. 1184(p)(6)) is 
amended by adding at the end the following: ‘‘The Sec-
retary of Homeland Security may extend the authorized 
period of status of an alien as a nonimmigrant under sec-
tion 101(a)(15)(U) of this title for a period exceeding 4 
years if the Secretary determines, as a matter of the Sec-
retary’s sole discretion, that an extension of such period 
is warranted due to exceptional circumstances.’’. 
(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), in the matter preceding 
subparagraph (A), by striking ‘‘the Attorney Gen-
eral,,’’ and inserting ‘‘the Secretary of Homeland 
Security in consultation with the Attorney General,’’; 
(2) in paragraph (1)(B), by inserting ‘‘subject 
to paragraph (6),’’ after ‘‘(B)’’; 
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(3) in paragraph (1)(C)(ii), by striking ‘‘, or in 
the case of subparagraph (C)(i), the Attorney Gen-
eral,’’; 
(4) in paragraph (3), by striking the period at 
the end and inserting the following: ‘‘, unless the ab-
sence is in order to assist in the investigation or 
prosecution or unless an official involved in the in-
vestigation or prosecution certifies that the absence 
was otherwise justified.’’; and 
(5) by adding at the end the following: 
‘‘(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).’’. 
(e) 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, in consulta-
tion with the Attorney General,’’. 
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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, the Attor-
ney General, and the Secretary of Labor, shall develop an 
information pamphlet, as described in subsection (b), on 
legal rights and resources for aliens applying for 
employment- or education-based nonimmigrant visas, and 
shall distribute and make such pamphlet available as de-
scribed in subsection (e). In preparing the information 
pamphlet, the Secretary of Homeland Security shall con-
sult 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 Federal law enforcement 
and victim services complaint lines. 
(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 two years, the Secretary 
of Homeland Security, in consultation with the At-
torney General and the Secretary of State, shall de-
termine 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 180 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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(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 pursuant to regulations promulgated by 
the Secretary under subparagraph (B). 
(B) ISSUANCE.—Not later than 180 days 
after the date of the enactment of this Act, the 
Secretary shall promulgate regulations to estab-
lish an efficient electronic process for the timely 
investigation and approval of an application for 
a certificate of registration of foreign labor con-
tractors, including— 
(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 two 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; 
(iii) the applicant for, or holder of, the 
certification has been convicted within the 
preceding five years of any crime described 
in subparagraph (A) or (B) of section 
103(a)(5) of the Migrant and Seasonal Ag-
ricultural Worker Protection Act (29 
U.S.C. 1813(a)(5)); or 
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(iv) the applicant for, or holder of, the 
certification has knowingly or recklessly 
failed to comply with this subsection. 
(E) COMPLAINTS AND INVESTIGATIONS.— 
The Secretary of Labor shall establish a process 
for the receipt, investigation, and disposition of 
complaints filed by any person, including com-
plaints initiated by the Secretary, respecting a 
foreign labor contractor’s compliance with this 
subsection. No investigation or hearing shall be 
conducted on a complaint concerning a violation 
of this subsection unless the complaint was filed 
not later than 12 months after the date of the 
violation. The Secretary may conduct an inves-
tigation under this paragraph if there is reason-
able cause to believe that such a violation oc-
curred. 
(F) MAINTENANCE OF LISTS.— 
(i) IN GENERAL.—The Secretary shall 
maintain a list of all foreign labor contrac-
tors registered under this subsection; and 
(ii) PUBLIC AVAILABILITY.—The Sec-
retary shall make the list described in 
clause (i) publicly available, including 
through publication on the Internet. 
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(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 subsection in 
the previous 5 years. 
(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), (B)(i) (but only for domestic servants de-
scribed in clause (i) or (ii) of section 274a.12(c)(17) of 
title 8, Code of Federal Regulations (as in effect on De-
cember 4, 2007)), (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 
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‘‘(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 against 
any foreign labor contractor, for knowingly or 
recklessly failing to comply with the require-
ments of this subsection— 
(i) a fine in an amount not more than 
$4,000 per violation; and 
(ii) upon the occasion of a third viola-
tion or a failure to comply with representa-
tions, a fine of not more than $10,000 per 
violation. 
(B) CIVIL ACTION.— 
(i) IN
GENERAL.—The Secretary of 
Labor may bring a civil action against any 
foreign labor contractor in any court of 
competent jurisdiction— 
(I) to seek remedial action, in-
cluding injunctive relief; 
(II) to recover damages on behalf 
of any worker harmed by a violation 
of this subsection; and 
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(III) to ensure compliance with 
requirements of this subsection. 
(ii) SUMS RECOVERED.—Any sums re-
covered by the Secretary on behalf of a 
worker 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 
so within a period of three years shall be 
credited as an offsetting collection to the 
appropriations account of the Secretary of 
Labor for expenses for the administration 
of this subsection and shall remain avail-
able 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 paragraph. All such 
litigation shall be subject to the direction 
and control of the Attorney General. 
(C) AGENCY
LIABILITY.—Beginning 180 
days after the Secretary of Labor has promul-
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gated 
regulations 
pursuant 
to 
paragraph 
(4)(B), 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) after such time period, or 
who uses a foreign labor contractor knowing or 
in reckless disregard that such contractor has 
violated any provision of this subsection, shall 
be subject to the provisions of this paragraph 
for violations committed by such foreign labor 
contractor to the same extent as if the employer 
were the foreign labor contractor who had com-
mitted the violation. 
(D) RETALIATION.—An individual who is a 
victim of a violation of section 1512(A)(2)(D), 
1512(b)(4), or 1513(B)(3) of title 18, United 
States Code, may, in a civil action, recover ap-
propriate relief (including reasonable attorneys’ 
fees) with respect to that violation. Any civil ac-
tion under this subparagraph shall be stayed 
during the pendency of any criminal action aris-
ing out of the violation. 
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(E) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to preempt or 
alter any other rights or remedies, including 
any causes of action, available under any other 
Federal or State law. 
(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), 
(B)(i) (but only for domestic servants described in 
clause (i) or (ii) of section 274a.12(c)(17) of title 8, 
Code of Federal Regulations (as in effect on Decem-
ber 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of 
section 101(a)(15) of the Immigration and Nation-
ality 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). 
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SEC. 203. 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) 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.’’. 
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SEC. 204. 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.—Upon application 
from a Federal law enforcement official 
that makes a prima facie showing that an 
alien is a victim of a severe form of traf-
ficking and a potential witness to such 
trafficking, in order to effectuate investiga-
tion and prosecution of those responsible, 
the Secretary of Homeland Security may 
permit an alien’s continued presence in the 
United States. 
‘‘(ii) SAFETY.—Federal law enforce-
ment officials described in clause (i), in in-
vestigating and prosecuting traffickers, 
shall endeavor to protect the safety of traf-
ficking victims, including taking measures 
to protect trafficked persons and their 
family members from intimidation, threats 
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of reprisals, and reprisals from traffickers 
and their associates. 
‘‘(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. Failure to exercise due 
diligence in pursuing such a civil action, as 
determined by the Secretary in consulta-
tion with the Attorney General, may result 
in revocation of continued presence. 
‘‘(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 204(b) of the William Wilber-
force Trafficking Victims Protection Reauthor-
ization Act of 2007, law enforcement officials 
may submit a written request to the Secretary 
of Homeland Security to permit the parole into 
the United States of certain relatives of an 
alien described in subparagraph (A)(i). 
‘‘(C) STATE AND LOCAL LAW ENFORCE-
MENT.—The Secretary of Homeland Security, 
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in consultation with the Attorney General, shall 
develop materials for State and local law en-
forcement on working with Federal law enforce-
ment to obtain continued presence for victims 
of a severe form of trafficking in cases inves-
tigated or prosecuted at the State or local level, 
for distribution to State and local law enforce-
ment by each Immigration and Customs En-
forcement Special Agent in Charge.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to requests for 
continued 
presence 
filed 
pursuant 
to 
section 
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. 
(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.— 
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‘‘(A) IN GENERAL.—Upon written request 
by a law enforcement official, the Secretary of 
Homeland Security may grant parole under sec-
tion 212(d)(5) to any alien who is a relative of 
an alien granted continued presence pursuant 
to section 107(c)(3)(A) of the Trafficking Vic-
tims Protection Act (22 U.S.C. 7105(c)(3)(A)), 
if the relative— 
‘‘(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, in the judgment of the requesting law 
enforcement official, is in present danger 
of retaliation as a result of the alien’s es-
cape from the severe form of trafficking or 
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cooperation with law enforcement, irrespec-
tive of age. 
‘‘(B) DURATION OF PAROLE.— 
‘‘(i) IN GENERAL.—The grant of pa-
role under subparagraph (A) shall extend 
until the date an application filed by the 
principal 
alien 
under 
section 
101(a)(15)(T)(ii) has been finally adju-
dicated. 
‘‘(ii) OTHER LIMITS ON DURATION.— 
If no such application is filed, the grant of 
parole shall extend until the later of— 
‘‘(I) the date on which the prin-
cipal alien’s continued presence 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 
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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.’’. 
SEC. 205. 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 to the 
Committee on Foreign Affairs and the Committee on the 
Judiciary of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on the 
Judiciary of the Senate explaining in detail the reasons 
such regulations have not been issued. 
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Subtitle B—Assistance for 
Trafficking Victims 
SEC. 211. VICTIM OF TRAFFICKING CERTIFICATION PROC-
ESS. 
Section 107(b)(1)(E) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7105(b)(1)(E)), is amend-
ed— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘consultation’’ and all that follows 
through ‘‘person’’ and inserting ‘‘consultation 
with the Attorney General and the Secretary of 
Homeland Security, that the person’’; 
(B) in subclause (I), by adding at the end 
before the semicolon the following: ‘‘or is un-
likely or unable to cooperate with such a re-
quest due to physical or psychological trauma;’’; 
and 
(C) 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 
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‘‘so long as the Secretary of Homeland Security de-
termines’’. 
SEC. 212. 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) 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 had approved, or has 
pending, a petition that sets forth a prima facie case 
for status as a nonimmigrant under section 
101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)).’’. 
(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. 
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(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 
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 
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shall have exclusive authority in making 
determinations of eligibility 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-
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 
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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 
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). 
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‘‘(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 
(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 
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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 CITIZENS 
AND
LAWFUL
PERMANENT
RESIDENTS.—Section 
107 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7105) is amended by adding at the 
end the following: 
‘‘(h) 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, are au-
thorized to establish a program to provide assistance 
to citizens of the United States, and aliens who are 
lawfully admitted for permanent residence (as de-
fined in section 101(a)(20) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(20))), who are 
victims of severe forms of trafficking. In determining 
the types of assistance that would be most beneficial 
for such victims, the Secretary of Health and 
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Human Services and the Attorney General shall con-
sult with nongovernmental organizations that pro-
vide 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.’’. 
(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) five percent for training and 
technical assistance, including increasing 
capacity and expertise on security for and 
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protection of service providers from intimi-
dation or retaliation for their activities.’’. 
(b) ASSISTANCE FOR POTENTIAL VICTIMS OF TRAF-
FICKING AND RELATED CRIMES.— 
(1) VICTIMS OF CRIME ACT.—The Victims of 
Crime Act of 1984 (42 U.S.C. 10601 et seq.)) is 
amended by inserting after section 1404E the fol-
lowing new section: 
‘‘SEC. 1404F. VICTIMS OF COMMERCIAL SEXUAL EXPLOI-
TATION AND OTHER CRIMES. 
‘‘Notwithstanding any statutory or regulatory limita-
tion on providing assistance for offender rehabilitation or 
for any individual who may have violated Federal or State 
law, and except as provided in sections 1404B and 1404C, 
in this chapter the terms ‘victim’, ‘crime victim’, and ‘vic-
tim of crime’ include an individual who is exploited or oth-
erwise victimized by any person who is in violation of an 
offense described by chapter 117 of title 18, United States 
Code, or section 1328 of title 8, United States Code, or 
any similar offense under State law, regardless of whether 
such offense involves participation by such individual in 
any commercial sex act (as defined in section 2429 of title 
18, United States Code).’’. 
(2) USE OF EXISTING PROGRAMS.—The Presi-
dent is authorized to facilitate communication and 
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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 
trafficking that occurs, in whole or in part, within the ter-
ritorial jurisdiction of the United States shall include a 
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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— 
(A) investigate factors relating to the legal 
ability of foreign and United States citizen vic-
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tims of trafficking to access government-funded 
social services in general, including the applica-
tion of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641(c)(5)) and the Illegal Immigration 
and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 110 Stat. 
3009 et seq.); 
(B) investigate any other impediments to 
the access of foreign and United States citizen 
victims of trafficking to government-funded so-
cial services in general; 
(C) investigate any impediments to the ac-
cess of foreign and United States citizen victims 
of trafficking to government-funded services 
targeted to victims of severe forms of traf-
ficking and victims of sex 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 foreign and United States citizen 
victims of trafficking; and 
(E) include findings, best practices, and 
recommendations based on the study of the ele-
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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) TRANSFER
AND MODIFICATION
OF SECTION 
1591.— 
(1) NEW SECTION.—Chapter 117 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 2429. Aggravated sex trafficking 
‘‘(a) Whoever knowingly— 
‘‘(1) in or affecting interstate or foreign com-
merce, or within the special maritime and territorial 
jurisdiction of the United States, recruits, entices, 
harbors, transports, provides, or obtains by any 
means a person; or 
‘‘(2) benefits, financially or by receiving any-
thing of value, from participation in a venture which 
has engaged in an act described in violation of para-
graph (1), 
knowing that force, fraud, or coercion will be used to cause 
the person to engage in a commercial sex act, or, in the 
case of a person who has not attained the age of 18 years, 
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that the person will be caused to engage in a commercial 
sex act, or attempts to do so, shall be punished as provided 
in subsection (b). 
‘‘(b) In a prosecution under this subsection, the Gov-
ernment need not prove that the defendant knew that the 
person had not attained the age of 18 years. 
‘‘(c) The punishment for an offense under this section 
is— 
‘‘(1) if the offense was effected by force, fraud, 
or coercion or if the person recruited, enticed, har-
bored, transported, provided, or obtained had not at-
tained the age of 14 years at the time of such of-
fense, by a fine under this title and imprisonment 
for any term of years not less than 15 or for life; 
or 
‘‘(2) if the offense was not so effected, and the 
person recruited, enticed, harbored, transported, 
provided, or obtained had attained the age of 14 
years but had not attained the age of 18 years at 
the time of such offense, by a fine under this title 
and imprisonment for not less than 10 years or for 
life. 
‘‘(d)(1) Section 1593 (relating to mandatory restitu-
tion) applies to an offense under this section to the same 
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extent and in the same manner as it applies to an offense 
under chapter 77. 
‘‘(2) Section 1595 (relating to civil remedy) applies 
with respect to a violation of this section to the same ex-
tent and in the same manner it applies to a violation of 
a section to which section 1595 is made applicable by sec-
tion 1595. 
‘‘(e) In this section— 
‘‘(1) the term ‘commercial sex act’ means any 
sex act, on account of which anything of value is 
given to or received by any person; 
‘‘(2) the term ‘coercion’ means— 
‘‘(A) threats of serious harm to or physical 
restraint against any person; 
‘‘(B) any scheme, plan, or pattern intended 
to cause a person to believe that failure to per-
form an act would result in serious harm to or 
physical restraint against any person; or 
‘‘(C) the abuse or threatened abuse of law 
or the legal process; and 
‘‘(3) the term ‘venture’ means any group of two 
or more individuals associated in fact, whether or 
not a legal entity.’’. 
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(2) REPEAL OF TRANSFERRED SECTION.—Sec-
tion 1591 of title 18, United States Code, is re-
pealed. 
(3) ELIMINATION OF CROSS REFERENCES TO 
REPEALED SECTION.— 
(A) Section 1594 of title 18, United States 
Code, is amended by striking ‘‘1590, or 1591’’ 
and inserting ‘‘or 1591’’. 
(B) Section 1595 of title 18, United States 
Code, is amended by striking ‘‘, 1590, or 1591’’ 
and inserting ‘‘or 1591’’. 
(4) CLERICAL
AMENDMENTS
TO
TABLES
OF 
SECTIONS.— 
(A) The table of sections for chapter 77 of 
title 18, United States Code, is amended by 
striking the item relating to section 1591. 
(B) The table of sections for chapter 117 
of title 18, United States Code, is amended by 
adding at the end the following new item: 
‘‘2429. Aggravated sex trafficking.’’. 
(5) CHANGE IN CHAPTER HEADINGS.— 
(A) The heading for chapter 77 of title 18, 
United States Code, is amended to read as fol-
lows: 
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(B) in clause (iii), in the matter preceding 
subclause (I), by striking ‘‘the Attorney General 
expressly consents to the dependency order 
serving as a precondition to the grant of special 
immigrant juvenile status;’’ and inserting ‘‘the 
Secretary of Homeland Security consents to the 
grant of special immigrant juvenile status,’’; 
and 
(C) in clause (iii)(I), by striking ‘‘in the 
actual or constructive custody of the Attorney 
General unless the Attorney General specifically 
consents to such jurisdiction;’’ 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 jurisdiction;’’. 
(2) 
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)(C)(i)(I) of sec-
tion 212(a) shall not apply; and’’. 
(3) ELIGIBILITY
FOR
ASSISTANCE.—A child 
who has been granted special immigrant status 
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‘‘2007’’ and inserting ‘‘$15,000,000 for each of the 
fiscal years 2008 through 2011’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2004, 2005, 2006, 
and 2007’’ each place it appears and in-
serting ‘‘2008 through 2011’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘$15,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(II) by adding at the end the fol-
lowing new sentence: ‘‘To carry out 
the purposes of section 107(a)(1)(F), 
there are authorized to be appro-
priated to the Secretary of State 
$500,000 
for 
fiscal 
year 
2008, 
$750,000 for fiscal year 2009, and 
$1,000,000 for each of the fiscal years 
2010 and 2011.’’; and 
(iii) in subparagraph (C), by inserting 
‘‘(as added by section 109)’’ after ‘‘section 
134 of the Foreign Assistance Act of 
1961’’; 
(B) by striking paragraph (2); 
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