Page:United States Statutes at Large Volume 122.djvu/5080

 12 2 STA T .50 5 7PUBLIC LA W 110 –4 57 —DE C.2 3, 200 8disclo s et ot h e a lie n the a v aila b ilit y o f se r vices for victi m s ofh u man traffic k in g and w orker e xp loitation in the U nited S tates , including victim services complaint hotlines .( f )DEFIN I T I O N S . —I n this section

( 1 ) EMPL O Y MENT - O R E DUCA TION- B ASED NONIMMI G RANT V ISA.— T he term ‘ ‘employment- or education-based non- immigrant visa ’ ’ means— ( A ) a nonimmigrant visa issued under subparagraph (A)(iii), ( G )(v), ( H ),or( J ) of section 1 0 1(a)(1 5 ) of the Immigration and N ationality Act ( 8 U.S. C . 1101(a)(15)) and ( B ) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to j oin an employer. ( 2 ) SEVERE FORMS OF TRAFFIC K ING IN PERSONS.—The term ‘‘severe forms of trafficking in persons’’ has the meaning given the term in section 10 3 of the Trafficking V ictims P rotection Act of 2000 (22 U.S.C. 7 102). (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State. ( 4 ) ABUSING AND E X PLOITING.—The term ‘‘abusing and exploiting’’ means any conduct which would constitute a viola- tion of section 14 6 6A, 158 9, 1591, 1592, 2251, or 2251A of title 18, United States Code. SEC.203 . PROT ECT I O N S , RE M E D IES, A ND L IMITATIONS ON ISS U ANCE F ORA – 3 AND G – 5V ISAS. (a) L IMITATIONS ON ISSUANCE OF A – 3 AND G–5 VISAS.— (1) CONTRACT RE Q UIREMENT.—Notwithstanding any other provision of law, the Secretary of State may not issue— (A) an A–3 visa unless the applicant is employed, or has signed a contract to be employed containing the re q uirements set forth in subsection (d)(2), by an officer of a diplomatic mission or consular post; or (B) a G–5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international organi z ation. (2) SUSPENSION REQUIREMENT.—Notwithstanding any other provision of law, the Secretary shall suspend, for such period as the Secretary determines necessary, the issuance of A–3 visas or G–5 visas to applicants seeking to work for officials of a diplomatic mission or an international organization, if the Secretary determines that there is credible evidence that 1 or more employees of such mission or international organiza- tion have abused or exploited 1 or more nonimmigrants holding an A–3 visa or a G–5 visa, and that the diplomatic mission or international organization tolerated such actions. (3) ACTION BY DIPLOMATIC MISSIONS OR INTERNATIONAL ORGANI Z ATIONS.—The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary deter- mines and reports to the appropriate congressional committees that a mechanism is in place to ensure that such abuse or exploitation does not reoccur with respect to any alien employed by an employee of such mission or institution. (b) PROTECTIONS AND R EMEDIES FOR A–3 AND G–5 NON- IMMIGRANTS EMPLOYED BY DIPLOMATS AND STAFF OF INTER- NATIONAL O RGANIZATIONS.— 8USC1375c.

�