H. R. 3244—12
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 con-
ducting 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.—Notwith-
standing 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
SERV-
ICES.—Subject to subparagraph (C) and, in the case of
nonentitlement programs, to the availability of appropria-
tions, 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 agen-
cies 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 TRAF-
FICKING 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
H. R. 3244—13
Relations, and the Committee on the Judiciary of the
Senate.
(E) CERTIFICATION.—
(i) IN GENERAL.—Subject to clause (ii), the certifi-
cation referred to in subparagraph (C) is a certification
by the Secretary of Health and Human Services, after
consultation with the Attorney General, that the per-
son 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 Immigra-
tion 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 subpara-
graph, the term ‘‘investigation and prosecution’’
includes—
(I) identification of a person or persons who
have committed severe forms of trafficking in per-
sons;
(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 appro-
priations, 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 assist-
ance; and
(iii) one percent for management and administra-
tion.
(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.
H. R. 3244—14
(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 days
after the date of the 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 Govern-
ment and to the extent practicable, shall—
(A) not be detained in facilities inappropriate to their
status as crime victims;
(B) receive necessary medical care and other assist-
ance; 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 mem-
bers 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 con-
strued 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 subpara-
graph:
‘‘(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,
H. R. 3244—15
‘‘(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
ADMIS-
SION.—Section 212(d) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing:
‘‘(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 para-
graphs (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).’’.