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``(2) In compiling data and making assessments for the purposes of paragraph (1), United
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SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) ESTABLISHMENT.--The President shall establish an Interagency Task Force to Monitor and Combat Trafficking.
(b) APPOINTMENT.--The President shall appoint the members of the Task Force, which shall include the Secretary of State, the Administrator of the United States Agency for International Development, the Attorney General, the Secretary of Labor, the Secretary of Health and Human Services , the Director of Central Intelligence, and such other officials as may be designated by the President.
(c) CHAIRMAN.--The Task Force shall be chaired by the Secretary of State.
(d) ACTIVITIES OF THE TASK FORCE.--The Task Force shall carry out the following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United States and other countries in the areas of trafficking prevention, protection, and assistance to victims of trafficking, and prosecution and enforcement against traffickers, including the role of public corruption in facilitating trafficking. The Task Force shall have primary responsibility for assisting the Secretary of State in the preparation of the reports described in section 110.
(3) Expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking. Any data collection procedures established under this subsection shall respect the confidentiality of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among countries of origin, transit, and destination. Such efforts shall aim to strengthen local and regional capacities to prevent trafficking, prosecute traffickers and assist trafficking victims, and shall include initiatives to enhance cooperative efforts between destination countries and countries of origin and assist in the appropriate reintegration of stateless victims of trafficking.
(5) Examine the role of the international ``sex tourism'' industry in the trafficking of persons and in the sexual exploitation of women and children around the world.
(6) Engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of this division.
(e) SUPPORT FOR THE TASK FORCE.--The Secretary of State is authorized to establish within the Department of State an Office to Monitor and Combat Trafficking, which shall provide assistance to the Task Force. Any such Office shall be headed by a Director. The Director shall have the primary responsibility for assisting the Secretary of State in carrying out the purposes of this division and may have additional responsibilities as determined by the Secretary. The Director shall consult with nongovernmental organizations and multilateral organizations, and with trafficking victims or other affected persons. The Director shall have the authority to take evidence in public hearings or by other means. The agencies represented on the Task Force are authorized to provide staff to the Office on a nonreimbursable basis.
SEC. 106. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING.--The President shall establish and carry out international initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking. Such initiatives may include--
(1) microcredit lending programs, training in business development, skills training, and job counseling;
(2) programs to promote women's participation in economic decisionmaking;
(3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking;
(4) development of educational curricula regarding the dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries.
(b) PUBLIC AWARENESS AND INFORMATION.--The President, acting through the Secretary of Labor, the Secretary of Health and Human Services , the Attorney General, and the Secretary of State, shall establish and carry out programs to increase public awareness, particularly among potential victims of trafficking, of the dangers of trafficking and the protections that are available for victims of trafficking.
(c) CONSULTATION REQUIREMENT.--The President shall consult with appropriate nongovernmental organizations with respect to the establishment and conduct of initiatives described in subsections (a) and (b).
SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.--
(1) IN GENERAL.--The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to meet the appropriate assistance needs of such persons and their children, as identified by the Task Force.
(2) ADDITIONAL REQUIREMENT.--In establishing and conducting programs and initiatives described in paragraph (1), the Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims.
(b) VICTIMS IN THE UNITED STATES.--
(1) ASSISTANCE.--
(A) ELIGIBILITY FOR BENEFITS AND SERVICES .--Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, an alien who is a victim of a severe form of trafficking in persons shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any official or agency described in subparagraph (B) to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act.
(B) REQUIREMENT TO EXPAND BENEFITS AND SERVICES .--Subject to subparagraph (C) and, in the case of nonentitlement programs, to the availability of appropriations, the Secretary of Health and Human Services , the Secretary of Labor, the Board of Directors of the Legal Services Corporation , and the heads of other Federal agencies shall expand benefits and services to victims of severe forms of trafficking in persons in the United States, without regard to the immigration status of such victims.
(C) DEFINITION OF VICTIM OF A SEVERE FORM OF TRAFFICKING IN PERSONS.--For the purposes of this paragraph, the term ``victim of a severe form of trafficking in persons'' means only a person--
(i) who has been subjected to an act or practice described in section 103(8) as in effect on the date of the enactment of this Act; and
(ii)(I) who has not attained 18 years of age; or
(II) who is the subject of a certification under subparagraph (E).
(D) ANNUAL REPORT.--Not later than December 31 of each year, the Secretary of Health and Human Services , in consultation with the Secretary of Labor, the Board of Directors of the Legal Services Corporation , and the heads of other appropriate Federal agencies shall submit a report, which includes information on the number of persons who received benefits or other services under this paragraph in connection with programs or activities funded or administered by such agencies or officials during the preceding fiscal year, to the Committee on Ways and Means, the Committee on International Relations, and the Committee on the Judiciary of the House of Representatives and the Committee on Finance, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
(E) CERTIFICATION.--
(i) IN GENERAL.--Subject to clause (ii), the certification referred to in subparagraph (C) is a certification by the Secretary of Health and Human Services , after consultation with the Attorney General, that the person referred to in subparagraph (C)(ii)(II)--
(I) is willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons; and
(II)(aa) has made a bona fide application for a visa under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection (e), that has not been denied; or
(bb) is a person whose continued presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers in persons.
(ii) PERIOD OF EFFECTIVENESS.--A certification referred to in subparagraph (C), with respect to a person described in clause (i)(II)(bb), shall be effective only for so long as the Attorney General determines that the continued presence of such person is necessary to effectuate prosecution of traffickers in persons.
(iii) INVESTIGATION AND PROSECUTION DEFINED.--For the purpose of a certification under this subparagraph, the term ``investigation and prosecution'' includes--
(I) identification of a person or persons who have committed severe forms of trafficking in persons;
(II) location and apprehension of such persons; and
(III) testimony at proceedings against such persons.
(2) GRANTS.--
(A) IN GENERAL.--Subject to the availability of appropriations, the Attorney General may make grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for victims of trafficking.
(B) ALLOCATION OF GRANT FUNDS.--Of amounts made available for grants under this paragraph, there shall be set aside--
(i) three percent for research, evaluation, and statistics;
(ii) two percent for training and technical assistance; and
(iii) one percent for management and administration.
(C) LIMITATION ON FEDERAL SHARE.--The Federal share of a grant made under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted.
(c) TRAFFICKING VICTIM REGULATIONS.--Not later than 180 days after the date of enactment of this Act, the Attorney General and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following:
(1) PROTECTIONS WHILE IN CUSTODY.--Victims of severe forms of trafficking, while in the custody of the Federal Government and to the extent practicable, shall--
(A) not be detained in facilities inappropriate to their status as crime victims;
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(B) receive necessary medical care and other assistance; and
(C) be provided protection if a victim's safety is at risk or if there is danger of additional harm by recapture of the victim by a trafficker, including--
(i) taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals and reprisals from traffickers and their associates; and
(ii) ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.
(2) ACCESS TO INFORMATION.--Victims of severe forms of trafficking shall have access to information about their rights and translation services .
(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE UNITED STATES.--Federal law enforcement officials may permit an alien individual's continued presence in the United States, if after an assessment, it is determined that such individual is a victim of a severe form of trafficking and a potential witness to such trafficking, in order to effectuate prosecution of those responsible, and such officials in investigating and prosecuting traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates.
(4) TRAINING OF GOVERNMENT PERSONNEL.--Appropriate personnel of the Department of State and the Department of Justice shall be trained in identifying victims of severe forms of trafficking and providing for the protection of such victims.
(d) CONSTRUCTION.--Nothing in subsection (c) shall be construed as creating any private cause of action against the United States or its officers or employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.--
(1) IN GENERAL.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) by striking ``or'' at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph (S) and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(T)(i) subject to section 214(n), an alien who the Attorney General determines--
``(I) is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000,
``(II) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking,
``(III)(aa) has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, or
``(bb) has not attained 15 years of age, and
``(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal; and
``(ii) if the Attorney General considers it necessary to avoid extreme hardship--
``(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, and parents of such alien; and
``(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,
if accompanying, or following to join, the alien described in clause (i).''.
(2) CONDITIONS OF NONIMMIGRANT STATUS.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(A) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and
(B) by adding at the end the following:
``(n)(1) No alien shall be eligible for admission to the United States under section 101(a)(15)(T) if there is substantial reason to believe that the alien has committed an act of a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000).
``(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 101(a)(15)(T) may not exceed 5,000.
``(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, or parents of such aliens.''.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR ADMISSION.--Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by adding at the end the following:
``(13)(A) The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(T).
``(B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General considers it to be in the national interest to do so, the Attorney General, in the Attorney General's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection (a); and
``(ii) any other provision of such subsection (excluding paragraphs (3), (10)(C), and (10(E)) if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I).''.
(4) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO ``T'' VISA NONIMMIGRANTS.--Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end the following new subsection:
``(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i)--
``(1) the Attorney General and other Government officials, where appropriate, shall provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the alien's options while in the United States and the resources available to the alien; and
``(2) the Attorney General shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an `employment authorized' endorsement or other appropriate work permit.''.
(5) STATUTORY CONSTRUCTION.--Nothing in this section, or in the amendments made by this section, shall be construed as prohibiting the Attorney General from instituting removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) against an alien admitted as a nonimmigrant under section 101(a)(15)(T)(i) of that Act, as added by subsection (e), for conduct committed after the alien's admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission as a nonimmigrant under such section 101(a)(15)(T)(i).
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