22 USC 7105 - Protection and assistance for victims of trafficking

View all text of Chapter 78 [§ 7101 - § 7115]

§ 7105. Protection and assistance for victims of trafficking

(a) Assistance for victims in other countries

(1) In generalThe 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.

(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

(b) Victims in the United States

(1) Assistance

(A) Eligibility for benefits and services

(B) Requirement to expand benefits and services

(i) In general

(ii) National human trafficking hotlineBeginning in fiscal year 2017, and in each fiscal year thereafter, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons. The contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) shall be posted as follows:(I) In a visible place in all Federal buildings.(II) The Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall seek to coordinate with the owners and operators of aircraft, airports, over-the road buses, bus stations, passenger trains, and passenger railroad stations to place the contact information of the national human trafficking hotline in the restrooms of each such aircraft, airport, over the-road bus, bus station, passenger train, and passenger railroad station operating within the United States.(III) The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and in coordination with the heads of such other Federal agencies as may be appropriate, shall place the contact information of the national human trafficking hotline at each port of entry.

(C) Definition of victim of a severe form of trafficking in personsFor 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 generalSubject 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), 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

(iii) Investigation and prosecution definedFor 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

(F) No requirement of official certification for United States citizens and lawful permanent residents

(G) Eligibility for interim assistance of children

(i) Determination

(ii) Notification

(iii) Duration

(iv) Long-term assistance for children(I) Eligibility determination(II) Consultation(III) Letter of eligibility

(H) Notification of children for interim assistance

(2) Grants

(A) In generalSubject 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 human trafficking, including programs that provide trauma-informed care or housing options to such victims who are—

(i)(I) between 12 and 24 years of age; and(II) homeless, in foster care, or involved in the criminal justice system;

(ii) transitioning out of the foster care system; or

(iii) women or girls in underserved populations.

(B) Allocation of grant fundsOf amounts made available for grants under this paragraph, there shall be set aside—

(i) three percent for research, evaluation, and statistics;

(ii) 5 percent for training and technical assistance, including increasing capacity and expertise on security for and protection of service providers from intimidation or retaliation for their activities; and

(iii) one percent for management and administration.

(D) PriorityIn selecting recipients of grants under this paragraph that are only available for law enforcement operations or task forces, the Attorney General may give priority to any applicant that files an attestation with the Attorney General stating that—

(i) the grant funds awarded under this paragraph—(I) will be used to assist in the prevention of severe forms of trafficking in persons;(II) will be used to strengthen efforts to investigate and prosecute those who knowingly benefit financially from participation in a venture that has engaged in any act of human trafficking;(III) will be used to take affirmative measures to avoid arresting, charging, or prosecuting victims of human trafficking for any offense that is the direct result of their victimization; and(IV) will not be used to require a victim of human trafficking to collaborate with law enforcement officers as a condition of access to any shelter or restorative services; and

(ii) the applicant will provide dedicated resources for anti-human trafficking law enforcement officers for a period that is longer than the duration of the grant received under this paragraph.

(c) Trafficking victim regulationsNot later than 180 days after October 28, 2000, the Attorney General, the Secretary of Homeland Security 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 custodyVictims 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;

(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

(3) Authority to permit continued presence in the United States

(A) Trafficking victims

(i) In general

(ii) Safety

(iii) Continuation of presence

(iv) Exception

(B) Parole for relatives

(i) develop materials to assist State and local law enforcement officials in working with Federal law enforcement to obtain continued presence for victims of a severe form of trafficking in cases investigated or prosecuted at the State or local level; and

(ii) distribute the materials developed under clause (i) to State and local law enforcement officials.

(4) Training of Government personnel

(A) In general

(B) Training componentsTraining under this paragraph shall include—

(i) a distance learning course on trafficking-in-persons issues and the Department of State’s obligations under this Act, which shall be designed for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors;

(ii) specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts;

(iii) at least annual reminders to all personnel referred to in clauses (i) and (ii), including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Department of State located outside the United States of—(I) key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post is located; and(II) appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons; and

(iv) a discussion clarifying that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense.

(d) Construction

(e) Protection from removal for certain crime victims

(1)–(4) Omitted

(5) Statutory construction

(f)3

3 So in original. Two subsecs. (f) have been enacted.

Assistance for United States citizens and lawful permanent residents

(1) In general

(2) Use of existing programsIn 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

(B) Maximum Federal share

(f)3 Omitted

(g) Annual reports

(Pub. L. 106–386, div. A, § 107, Oct. 28, 2000, 114 Stat. 1474; Pub. L. 107–228, div. A, title VI, § 682(a), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 108–193, §§ 4(a)(1)–(3), 6(a)(2), 8(b)(2), Dec. 19, 2003, 117 Stat. 2877, 2880, 2887; Pub. L. 109–162, title VIII, § 804, Jan. 5, 2006, 119 Stat. 3055; Pub. L. 109–164, title I, § 102(a), Jan. 10, 2006, 119 Stat. 3560; Pub. L. 109–164, title II, § 213(c), formerly Pub. L. 115–393, title V, § 501(c), Dec. 21, 2018, 132 Stat. 5276, renumbered § 213(c) of Pub. L. 109–164 by Pub. L. 117–347, title I, § 106(b)(3), Jan. 5, 2023, 136 Stat. 6205; Pub. L. 110–457, title I, § 104, title II, §§ 205(a)(1), 212, 213(a)(1), (3), Dec. 23, 2008, 122 Stat. 5046, 5060, 5063, 5064, 5066; Pub. L. 113–4, title XII, §§ 1203(b), 1234, Mar. 7, 2013, 127 Stat. 139, 146; Pub. L. 114–22, title I, § 102, title II, §§ 224, 231, title VI, § 603, May 29, 2015, 129 Stat. 230, 250, 259; Pub. L. 114–271, § 1(a), (b), Dec. 14, 2016, 130 Stat. 1398; Pub. L. 115–392, § 18(b), Dec. 21, 2018, 132 Stat. 5258; Pub. L. 115–393, title III, § 302, Dec. 21, 2018, 132 Stat. 5272; Pub. L. 115–425, title I, § 103, Jan. 8, 2019, 132 Stat. 5475; Pub. L. 117–301, § 2, Dec. 27, 2022, 136 Stat. 4382; Pub. L. 117–347, title I, § 101(b), Jan. 5, 2023, 136 Stat. 6200; Pub. L. 118–42, div. C, title V, § 545, Mar. 9, 2024, 138 Stat. 178.)