TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.

SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS. (a) Treatment of Spouse and Children of Victims of Trafficking.—Section 101(a)(15)(T) of the Immigration 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 “Attorney General” and inserting “Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly;”; (B) in subclause (III)(aa)—(i) by inserting “Federal, State, or local” before “investigation”; and (ii) by striking “, or” and inserting “or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or”; and (C) in subclause (IV), by striking “and” at the end; (2) by amending clause (ii) to read as follows: “(ii) if accompanying, or following to join, the alien described in clause (i)—“(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or “(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and”; and (3) by inserting after clause (ii) the following: 119 STAT. 3054 “(iii) if the Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General, determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.”. (b) Treatment of Spouses and Children of Victims of Abuse.—Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended—(1) in clause (i), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and (2) by amending clause (ii) to read as follows: “(ii) if accompanying, or following to join, the alien described in clause (i)—“(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or “(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and”. (c) Technical Amendments.—Section 101(i) of the Immigration and Nationality Act (8 U.S.C. 1101(i)) is amended—(1) in paragraph (1), by striking “Attorney General” and inserting “Secretary of Homeland Security, the Attorney General,”; and (2) in paragraph (2), by striking “Attorney General” and inserting “Secretary of Homeland Security”.