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United States Code (Last Updated: May 24, 2014) |
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Title 22. FOREIGN RELATIONS AND INTERCOURSE |
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Chapter 78. TRAFFICKING VICTIMS PROTECTION |
§ 7105. Protection and assistance for victims of trafficking
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(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, and shall be carried out in a manner which takes into account the cross-border, regional, and transnational aspects of trafficking in persons. In addition, such programs and initiatives shall, to the maximum extent practicable, include the following: (A) Support for local in-country nongovernmental organization-operated hotlines, culturally and linguistically appropriate protective shelters, and regional and international nongovernmental organization networks and databases on trafficking, including support to assist nongovernmental organizations in establishing service centers and systems that are mobile and extend beyond large cities. (B) Support for nongovernmental organizations and advocates to provide legal, social, and other services and assistance to trafficked individuals, particularly those individuals in detention, and by facilitating contact between relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations. (C) Education and training for trafficked women and girls. (D) The safe integration or reintegration of trafficked individuals into an appropriate community or family, with full respect for the wishes, dignity, and safety of the trafficked individual. (E) Support for developing or increasing programs to assist families of victims in locating, repatriating, and treating their trafficked family members, in assisting the voluntary repatriation of these family members or their integration or resettlement into appropriate communities, and in providing them with treatment. (F) In cooperation and coordination with relevant organizations, such as the United Nations High Commissioner for Refugees, the International Organization for Migration, and private nongovernmental organizations that contract with, or receive grants from, the United States Government to assist refugees and internally displaced persons, support for— (i) increased protections for refugees and internally displaced persons, including outreach and education efforts to prevent such refugees and internally displaced persons from being exploited by traffickers; and (ii) performance of best interest determinations for unaccompanied and separated children who come to the attention of the United Nations High Commissioner for Refugees, its partner organizations, or any organization that contracts with the Department of State in order to identify child trafficking victims and to assist their safe integration, reintegration, and resettlement. (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. In carrying out this paragraph, the Secretary and the Administrator shall take all appropriate steps to ensure that cooperative efforts among foreign countries are undertaken on a regional basis and shall brief Congress annually on such efforts.
(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 [8 U.S.C. 1601 et seq.], an alien who is a victim of a severe form of trafficking in persons, or an alien classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, 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 1157 of title 8.
(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, and aliens classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8, without regard to the immigration status of such victims. In the case of nonentitlement programs funded by the Secretary of Health and Human Services, such benefits and services may include services to assist potential victims of trafficking in achieving certification and to assist minor dependent children of victims of severe forms of trafficking in persons or potential victims of trafficking.
(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 7102(8) of this title as in effect on October 28, 2000 ; and(ii) (I) who has not attained 18 years of age; or (II) who is the subject of a certification under subparagraph (E). (D) Repealed. Pub. L. 108–193, § 6(a)(2), Dec. 19, 2003 , 117 Stat. 2880(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 Secretary of Homeland Security, 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 or is unable to cooperate with such a request due to physical or psychological trauma; and (II) (aa) has made a bona fide application for a visa under section 1101(a)(15)(T) of title 8, as added by subsection (e) of this section, that has not been denied; or (bb) is a person whose continued presence in the United States the Secretary of Homeland Security 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 Secretary of Homeland Security 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; (III) testimony at proceedings against such persons; or (IV) responding to and cooperating with requests for evidence and information. (iv) Assistance to investigations In making the certification described in this subparagraph with respect to the assistance to investigation or prosecution described in clause (i)(I), the Secretary of Health and Human Services shall consider statements from State and local law enforcement officials that the person referred to in subparagraph (C)(ii)(II) has been willing to assist in every reasonable way with respect to the investigation and prosecution of State and local crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking appear to have been involved.
(F) Eligibility for interim assistance of children (i) Determination Upon receiving credible information that a child described in subparagraph (C)(ii)(I) who is seeking assistance under this paragraph may have been subjected to a severe form of trafficking in persons, the Secretary of Health and Human Services shall promptly determine if the child is eligible for interim assistance under this paragraph. The Secretary shall have exclusive authority to make interim eligibility determinations under this clause. A determination of interim eligibility under this clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking.
(ii) Notification The Secretary of Health and Human Services shall notify the Attorney General and the Secretary of Homeland Security not later than 24 hours after all interim eligibility determinations have been made under clause (i).
(iii) Duration Assistance under this paragraph may be provided to individuals determined to be eligible under clause (i) for a period of up to 90 days and may be extended for an additional 30 days.
(iv) Long-term assistance for children (I) Eligibility determination Before the expiration of the period for interim assistance under clause (iii), the Secretary of Health and Human Services shall determine if the child referred to in clause (i) is eligible for assistance under this paragraph.
(II) Consultation In making a determination under subclause (I), the Secretary shall consult with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form Assistance for United States citizens and lawful permanent residents
(1) In general The Secretary of Health and Human Services and the Attorney General, in consultation with the Secretary of Labor, shall establish a program to assist United States citizens and aliens lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8) who are victims of severe forms of trafficking. In determining the assistance that would be most beneficial for such victims, the Secretary and the Attorney General shall consult with nongovernmental organizations that provide services to victims of severe forms of trafficking in the United States.
(2) Use of existing programs In addition to specialized services required for victims described in paragraph (1), the program established pursuant to paragraph (1) shall— (A) facilitate communication and coordination between the providers of assistance to such victims; (B) provide a means to identify such providers; and (C) provide a means to make referrals to programs for which such victims are already eligible, including programs administered by the Department of Justice and the Department of Health and Human Services. (3) Grants (A) In general The Secretary of Health and Human Services and the Attorney General may award grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victim service organizations to develop, expand, and strengthen victim service programs authorized under this subsection.
(B) Maximum Federal share The Federal share of a grant awarded under this paragraph may not exceed 75 percent of the total costs of the projects described in the application submitted by the grantee.
(f) 3 Omitted (g) Annual reports On or before October 31 of each year, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees setting forth, with respect to the preceding fiscal year, the number, if any, of otherwise eligible applicants who did not receive visas under section 1101(a)(15)(T) of title 8, as added by subsection (e) of this section, or who were unable to adjust their status under section 1255(l) of title 8, solely on account of the unavailability of visas due to a limitation imposed by section 1184(o)(2) or 1255(l)(4)(A) of title 8.
References In Text
Section 1101(a)(15)(T)(ii) of title 8, referred to in subsec. (b)(1)(A), (B), was in the original “section 101(a)(15)(T)(ii)”, and was translated as meaning section 101(a)(15)(T)(ii) of the Immigration and Nationality Act, act June 27, 1952, ch. 477, which is classified to section 1101(a)(15)(T)(ii) of title 8, to reflect the probable intent of Congress. Section 101 of Pub. L. 106–386 does not contain a subsec. (a)(15)(T)(ii), and section 101(a)(15)(T)(ii) of the Immigration and Nationality Act describes certain nonimmigrant aliens.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (b)(1)(A), is Pub. L. 104–193,
For the amendments made by this section, referred to in subsec. (e)(5), see Codification note below.
Codification
Section is comprised of section 107 of Pub. L. 106–386. Subsec. (e)(1)–(4) of section 107 of Pub. L. 106–386 amended sections 1101, 1182, and 1184 of Title 8, Aliens and Nationality, and second subsec. (f) of section 107 of Pub. L. 106–386 amended section 1255 of Title 8.
Amendments
2013—Subsec. (a)(2). Pub. L. 113–4, § 1203(b), inserted “and shall brief Congress annually on such efforts” before period at end.
Subsec. (c)(4). Pub. L. 113–4, § 1234, inserted “the Department of Labor, the Equal Employment Opportunity Commission,” before “and the Department of Justice” in first sentence, and “, in consultation with the Secretary of Labor,” before “shall provide training” in second sentence.
2008—Subsec. (a)(1). Pub. L. 110–457, § 104(1)(A), inserted “, and shall be carried out in a manner which takes into account the cross-border, regional, and transnational aspects of trafficking in persons” after “as identified by the Task Force” in introductory provisions.
Subsec. (a)(1)(F). Pub. L. 110–457, § 104(1)(B), added subpar. (F).
Subsec. (a)(2). Pub. L. 110–457, § 104(2), inserted at end “In carrying out this paragraph, the Secretary and the Administrator shall take all appropriate steps to ensure that cooperative efforts among foreign countries are undertaken on a regional basis.”
Subsec. (b)(1)(E)(i)(I). Pub. L. 110–457, § 212(a)(1), inserted “or is unable to cooperate with such a request due to physical or psychological trauma” before semicolon.
Subsec. (b)(1)(F), (G). Pub. L. 110–457, § 212(a)(2), added subpars. (F) and (G).
Subsec. (b)(2)(B)(ii). Pub. L. 110–457, § 213(a)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “two percent for training and technical assistance; and”.
Subsec. (c)(3). Pub. L. 110–457, § 205(a)(1), amended par. (3) generally. Prior to amendment, text read as follows: “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.”
Subsec. (c)(4). Pub. L. 110–457, § 212(b), inserted “, the Department of Homeland Security, the Department of Health and Human Services,” before “and the Department of Justice” and “, including juvenile victims. The Attorney General and the Secretary of Health and Human Services shall provide training to State and local officials to improve the identification and protection of such victims” before period at end.
Subsec. (f). Pub. L. 110–457, § 213(a)(1), added subsec. (f) relating to assistance for United States citizens and lawful permanent residents.
2006—Subsec. (b)(1)(E). Pub. L. 109–162, § 804(b)(1), (2), which directed amendment of cl. (i) by inserting “and the Secretary of Homeland Security” after “Attorney General” in introductory provisions and in subcl. (II)(bb) and the amendment of cl. (ii) by inserting “Secretary of Homeland Security” after “Attorney General”, could not be executed because the words “Attorney General” did not appear subsequent to the amendment by Pub. L. 109–162, § 804(a)(1). See below.
Pub. L. 109–162, § 804(a)(1), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.
Subsec. (b)(1)(E)(iii)(IV). Pub. L. 109–162, § 804(b)(3), added subcl. (IV).
Subsec. (c). Pub. L. 109–162, § 804(a)(2), inserted “, the Secretary of Homeland Security” after “Attorney General” in introductory provisions.
Subsec. (c)(2). Pub. L. 109–164 inserted at end “To the extent practicable, victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking.”.
Subsec. (e)(5). Pub. L. 109–162, § 804(a)(1), (c), made identical amendments, substituting “Secretary of Homeland Security” for “Attorney General” in two places.
Subsec. (g). Pub. L. 109–162, § 804(d), which directed the insertion of “or the Secretary of Homeland Security” after “Attorney General”, could not be executed because the words “Attorney General” did not appear subsequent to the amendment by Pub. L. 109–162, § 804(a)(1). See below.
Pub. L. 109–162, § 804(a)(1) substituted “Secretary of Homeland Security” for “Attorney General”.
2003—Subsec. (a)(1)(B). Pub. L. 108–193, § 4(a)(1), inserted before period at end “, and by facilitating contact between relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations”.
Subsec. (b)(1)(A). Pub. L. 108–193, § 4(a)(2)(A), inserted “, or an alien classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8,” after “in persons”.
Subsec. (b)(1)(B). Pub. L. 108–193, § 4(a)(2)(B), inserted “and aliens classified as a nonimmigrant under section 1101(a)(15)(T)(ii) of title 8,” after “United States,” and inserted sentence at end relating to nonentitlement programs funded by the Secretary of Health and Human Services.
Subsec. (b)(1)(D). Pub. L. 108–193, § 6(a)(2), struck out subpar. (D) which related to annual reports on the number of persons receiving benefits or services under paragraph (1).
Subsec. (b)(1)(E)(iv). Pub. L. 108–193, § 4(a)(3), added cl. (iv).
Subsec. (g). Pub. L. 108–193, § 8(b)(2), substituted “1184(o)(2)” for “1184(n)(1)”.
2002—Subsec. (a)(1). Pub. L. 107–228 inserted “In addition, such programs and initiatives shall, to the maximum extent practicable, include the following:” at end of introductory provisions and added subpars. (A) to (E).
Effective Date Of Amendment
Pub. L. 110–457, title II, § 205(a)(2),
Savings
Pub. L. 109–162, title I, § 104(b),
Miscellaneous
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Pub. L. 109–164, title I, § 102(b),