the Secretary of State in carrying out the purposes of this
Act and may have additional responsibilities as determined
by the Secretary. The Director shall consult with domestic,
international nongovernmental and intergovernmental or-
ganizations, and with trafficking victims or other affected
persons. The Director shall have the authority to take evi-
dence in public hearings or by other means. The Office
is authorized to retain staff members from agencies rep-
resented on the Task Force.
(e) ACTIVITIES OF THE TASK FORCE.—In consulta-
tion with nongovernmental organizations, the Task Force
shall carry out the following activities:
(1) Coordinate the implementation of this Act.
(2) Measure and evaluate progress of the
United States and countries around the world in the
areas of trafficking prevention, protection and as-
sistance to victims of trafficking, and prosecution
and enforcement against traffickers, including the
role of public corruption in facilitating trafficking.
(3) Expand interagency procedures to collect
and organize data, including significant research and
resource information on domestic and international
trafficking. Any data collection procedures estab-
lished under this subsection shall respect the con-
fidentiality 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 re-
gional capacities to prevent trafficking, prosecute
traffickers and assist trafficking victims, and shall
include initiatives to enhance cooperative efforts be-
tween destination countries and countries of origin
and assist in the appropriate reintegration of state-
less victims of trafficking.
(5) Examine the role of the international ‘‘sex
tourism’’ industry in the trafficking of women and
children and in the sexual exploitation of women and
children around the world and make recommenda-
tions on appropriate measures to combat this indus-
try.
SEC. 6. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT
AND
DETER TRAFFICKING.—The President, acting through
the Administrator of the United States Agency for Inter-
national Development and the heads of other appropriate
agencies, shall establish and carry out initiatives to en-
hance economic opportunity for potential victims of traf-
ficking as a method to deter trafficking. Such initiatives
may include—
(1) microcredit lending programs, training in
business development, skills training, and job coun-
seling;
(2) programs to promote women’s participation
in economic decision making;
(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 re-
garding the dangers of trafficking; and
(5) grants to nongovernmental organizations to
accelerate and advance the political, economic, so-
cial, and educational roles and capacities of women
in their countries.
(b) PUBLIC AWARENESS AND INFORMATION.—The
President, acting through the Secretary of Labor, the Sec-
retary of Health and Human Services, the Attorney Gen-
eral, 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 vic-
tims of trafficking.
(c) CONSULTATION REQUIREMENT.—The President
shall consult with appropriate nongovernmental organiza-
tions with respect to the establishment and conduct of ini-
tiatives described in subsection (a).
SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF
TRAFFICKING.
(a) ASSISTANCE
FOR VICTIMS
IN OTHER COUN-
TRIES.—
(1) IN GENERAL.—The Secretary of State and
the Administrator of the United States Agency for
International Development, in consultation with ap-
propriate nongovernmental organizations, shall es-
tablish and carry out programs and initiatives in for-
eign countries to assist in the safe integration, re-
integration, or resettlement, as appropriate, of vic-
tims of trafficking and their children. Such pro-
grams and initiatives shall be designed to meet the
mental and physical health, housing, legal, and other
assistance needs of such victims and their children,
as identified by the Inter-Agency Task Force to
Monitor and Combat Trafficking established under
section 5.
(2) ADDITIONAL
REQUIREMENT.—In estab-
lishing and conducting programs and initiatives de-
scribed 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, reintegra-
tion, or resettlement, as appropriate, of victims of
trafficking including stateless victims.
(b) VICTIMS IN THE UNITED STATES.—
(1) ASSISTANCE.—
(A) Notwithstanding title IV of the Per-
sonal 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 fund-
ed or administered by any official or agency de-
scribed 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) Subject, in the case of nonentitlement
programs, to the availability of appropriations,
the Secretary of Health and Human Services,
the Secretary of Labor, and the Board of Direc-
tors of the Legal Services Corporation shall ex-
pand benefits and services to victims of severe
forms of trafficking in persons in the United
States.
(C) 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 3(2) as in
effect on the date of the enactment of this
Act; and
(ii)(I) who has not attained the age of
15 years; or
(II) who is the subject of a certifi-
cation under subparagraph (E).
(D) Not later than December 31 of each
year, the Secretary of Health and Human Serv-
ices, in consultation with the Secretary of
Labor and the Board of Directors of the Legal
Services Corporation, shall submit a report,
which includes information on the number of
persons who received benefits or other services
under this paragraph in connection with pro-
grams 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 Rela-
tions, and the Committee on the Judiciary of
the House of Representatives and the Com-
mittee on Finance, the Committee on Foreign
Relations, and the Committee on the Judiciary
of the Senate.
(E)(i) The certification referred to in sub-
paragraph (C) is a certification by the Sec-
retary 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 reason-
able way in the investigation and prosecu-
tion of severe forms of trafficking in per-
sons; and
(II) has made a bona fide application
for a visa under section 101(a)(15)(T) of
the Immigration and Nationality Act that
has not been denied or is a person whose
presence in the United States the Attorney
General is ensuring under subsection
(c)(4).
(ii) For the purpose of a certification
under this subparagraph, the term ‘‘investiga-
tion and prosecution’’ includes—
(I) identification of a person or per-
sons who have committed severe forms of
trafficking in persons;
(II) location and apprehension of such
persons; and
(III) testimony at proceedings against
such persons.
(F) A person, who is the subject of a cer-
tification under subparagraph (E) because the
Attorney General is ensuring such person’s
presence under subsection (c)(4) in order to ef-
fectuate prosecution, is eligible for benefits and
services under this paragraph only for so long
as the Attorney General determines such per-
son’s presence is necessary to effectuate such
prosecution.
(2) BENEFITS.—Subject to the availability of
appropriations and notwithstanding any other provi-
sion of law, victims of severe forms of trafficking in
persons in the United States shall be eligible, with-
out regard to their immigration status, for any bene-
fits that are otherwise available under the Crime
Victims Fund, established under the Victims of
Crime Act of 1984, including victims’ services, com-
pensation, and assistance.
(3) GRANTS.—
(A) Subject to the availability of appro-
priations, the Attorney General may make
grants to States, territories, and possessions of
the United States (including the Common-
wealths of Puerto Rico and the Northern Mar-
iana Islands), Indian tribes, units of local gov-
ernment, and nonprofit, nongovernmental vic-
tims’ service organizations to develop, expand,
or strengthen victim service programs for vic-
tims of trafficking.
(B) To receive a grant under this para-
graph, an eligible unit of government or organi-
zation shall certify that its laws, policies, and
practices, as appropriate, do not punish or deny
services to victims of severe forms of trafficking
in persons on account of the nature of their em-
ployment, services, or other acts performed in
connection with such trafficking.
(C) Of amounts made available for grants
under this paragraph, there shall be set aside 3
percent for research, evaluation and statistics; 2
percent for training and technical assistance;
and 1 percent for management and administra-
tion.
(D) The Federal share of a grant made
under this paragraph may not exceed 75 per-
cent of the total costs of the projects described
in the application submitted.
(4) CIVIL ACTION.—An individual who is a vic-
tim of a violation of section 1589, 1590, 1591 of
title 18, United States Code, regarding trafficking,
may bring a civil action in United States district
court. The court may award actual damages, puni-
tive damages, reasonable attorneys’ fees, and other
litigation costs reasonably incurred.
(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 pro-
mulgate regulations for law enforcement personnel, immi-
gration officials, and Department of State officials to im-
plement the following:
(1) Victims of severe forms of trafficking, while
in the custody of the Federal Government and to the
extent practicable, shall be housed in appropriate
shelter as quickly as possible; receive prompt medical
care, food, and other assistance; and be provided
protection if a victim’s safety is at risk or if there
is danger of additional harm by recapture of the vic-
tim by a trafficker.
(2) Victims of severe forms of trafficking shall
not be jailed, fined, or otherwise penalized due to
having been trafficked, but the authority of the At-
torney General under the Immigration and Nation-
ality Act to detain aliens shall not be curtailed by
any regulation promulgated to implement this para-
graph.
(3) Victims of severe forms of trafficking shall
have access to legal assistance, information about
their rights, and translation services.
(4) Federal law enforcement officials shall act
to ensure an alien’s continued presence in the
United States, if after an assessment, it is deter-
mined that such alien is a victim of a severe form
of trafficking in persons, or a material witness to
such trafficking, in order to effectuate prosecution of
those responsible and to further the humanitarian
interests of the United States. Such officials, in in-
vestigating and prosecuting persons engaging in
such trafficking, shall take into consideration the
safety and integrity of such victims, but the author-
ity of the Attorney General under the Immigration
and Nationality Act to detain aliens shall not be cur-
tailed by any regulation promulgated to implement
this paragraph.
(5) Appropriate personnel of the Department of
State and the Department of Justice are trained in
identifying victims of severe forms of trafficking and
providing for the protection of such victims. Train-
ing under this paragraph should include methods for
achieving antitrafficking objectives through the non-
discriminatory application of immigration and other
related laws.
(d) CONSTRUCTION.—Nothing in subsection (c) shall
be construed as creating any private cause of action
against the United States or its offices or employees.
(e) FUNDING.—Funds from asset forfeiture under
section 1594 of title 18, United States Code, (as added
by section 12 of this Act) shall first be disbursed to satisfy
any judgments awarded victims of trafficking under sub-
section (b)(4) or section 1593 of title 18, United States
Code, (as added by section 12 of this Act). The remaining
funds from such asset forfeiture are authorized to be avail-
able in equal amounts for the purposes of subsections (a)
and (b) and shall remain available for obligation until ex-
pended.
(f) PROTECTION FROM REMOVAL FOR CERTAIN VIC-
TIMS OF TRAFFICKING.—
(1) NONIMMIGRANT CLASSIFICATION FOR CER-
TAIN VICTIMS OF TRAFFICKING.—Section 101(a)(15)