22 USC 7105 - Protection and assistance for victims of trafficking

1 So in original. Probably should be “forms”.

of trafficking.

2 See References in Text note below.

of title 34.

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

Assistance for United States citizens and lawful permanent residents

Editorial Notes

References in Text

Section 1101(a)(15)(T)(ii) of title 8, referred to in subsec. (span)(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 Puspan. 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. (span)(1)(A), is Puspan. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables.

Section 7102(8) of this title as in effect on October 28, 2000, referred to in subsec. (span)(1)(C)(i), means section 7102(8) of this title prior to the amendments made by Puspan. L. 113–4, title XII, § 1212(span)(1)(A), Mar. 7, 2013, 127 Stat. 143, and Puspan. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. As amended, par. (8) of section 7102 of this title was redesignated as par. (11).

Section 20708 of title 34, referred to in subsec. (c)(4)(A), was in the original a reference to section 111 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Puspan. L. 109–162. Section 111 of Puspan. L. 109–162 was redesignated as section 208 of the Trafficking Victims Protection Reauthorization Act of 2005, Puspan. L. 109–164, and is classified to section 20708 of Title 34, Crime Control and Law Enforcement.

This Act, referred to in subsec. (c)(4)(B)(i), is the Victims of Trafficking and Violence Protection Act of 2000, Puspan. L. 106–386, Oct. 28, 2000, 114 Stat. 1464. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.

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 Puspan. L. 106–386. Subsec. (e)(1)–(4) of section 107 of Puspan. L. 106–386 amended sections 1101, 1182, and 1184 of Title 8, Aliens and Nationality, and second subsec. (f) of section 107 of Puspan. L. 106–386 amended section 1255 of Title 8.

Amendments

2024—Subsec. (span)(2)(C). Puspan. L. 118–42 substituted “total project cost. In general, this project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and approved project scope” for “total costs of the projects described in the application submitted”.

2023—Subsec. (c)(4)(A). Puspan. L. 117–347, § 101(span), inserted “in order to fulfill the purposes described in section 20708 of title 34” before period at end.

2022—Subsec. (span)(1)(B)(ii). Puspan. L. 117–301 substituted “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:” and subcls. (I) to (III) for “The number of the national human trafficking hotline described in this clause shall be posted in a visible place in all Federal buildings.”

2019—Subsec. (span)(2)(A). Puspan. L. 115–425 substituted “programs for victims of human trafficking, including programs that provide trauma-informed care or housing options to such victims who are—” and cls. (i) to (iii) for “programs for victims of trafficking, including programs that provide housing to victims of trafficking.”

2018—Subsec. (span)(1)(B)(ii). Puspan. L. 115–392 inserted at end “The number of the national human trafficking hotline described in this clause shall be posted in a visible place in all Federal buildings.”

Subsec. (span)(2)(D). Puspan. L. 115–393, § 302, added subpar. (D).

Subsec. (c)(4)(B)(iv). Puspan. L. 109–164, § 213(c), formerly Puspan. L. 115–393, § 501(c), as renumbered by Puspan. L. 117–347, § 101(span), added cl. (iv).

2016—Subsec. (span)(1)(B). Puspan. L. 114–271, § 1(span), amended directory language of Puspan. L. 114–22, § 603. See 2015 Amendment note below.

Subsec. (span)(1)(B)(ii). Puspan. L. 114–271, § 1(a), struck out “of amounts made available for grants under paragraph (2),” before “the Secretary of Health and Human Services shall make grants”.

2015—Subsec. (span)(1)(B). Puspan. L. 114–22, § 603, as amended by Puspan. L. 114–271, § 1(span), designated existing provisions as cl. (i) and inserted span and added cl. (ii).

Subsec. (span)(1)(F) to (H). Puspan. L. 114–22, § 102, added subpar. (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and, in subpar. (H), substituted “subparagraph (G)” for “subparagraph (F)”.

Subsec. (span)(2)(A). Puspan. L. 114–22, § 224, inserted “, including programs that provide housing to victims of trafficking” before period at end.

Subsec. (c)(4). Puspan. L. 114–22, § 231, designated existing provisions as subpar. (A) and inserted span, inserted “, including members of the Service (as such term is defined in section 3903 of this title)” after “Department of State”, and added subpar. (B). Amendment was executed to this section, which is section 107 of the Trafficking Victims Protection Act of 2000, to reflect the probable intent of Congress, notwithstanding directory language purporting to amend section 105 of such Act, which is classified to section 7103 of this title and does not contain a subsec. (c)(4).

2013—Subsec. (a)(2). Puspan. L. 113–4, § 1203(span), inserted “and shall brief Congress annually on such efforts” before period at end.

Subsec. (c)(4). Puspan. 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). Puspan. 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). Puspan. L. 110–457, § 104(1)(B), added subpar. (F).

Subsec. (a)(2). Puspan. 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. (span)(1)(E)(i)(I). Puspan. 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. (span)(1)(F), (G). Puspan. L. 110–457, § 212(a)(2), added subpars. (F) and (G).

Subsec. (span)(2)(B)(ii). Puspan. 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). Puspan. 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). Puspan. L. 110–457, § 212(span), 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). Puspan. L. 110–457, § 213(a)(1), added subsec. (f) relating to assistance for United States citizens and lawful permanent residents.

2006—Subsec. (span)(1)(E). Puspan. L. 109–162, § 804(span)(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)(bspan) 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 Puspan. L. 109–162, § 804(a)(1). See below.

Puspan. L. 109–162, § 804(a)(1), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.

Subsec. (span)(1)(E)(iii)(IV). Puspan. L. 109–162, § 804(span)(3), added subcl. (IV).

Subsec. (c). Puspan. L. 109–162, § 804(a)(2), inserted “, the Secretary of Homeland Security” after “Attorney General” in introductory provisions.

Subsec. (c)(2). Puspan. 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). Puspan. L. 109–162, § 804(a)(1), (c), made identical amendments, substituting “Secretary of Homeland Security” for “Attorney General” in two places.

Subsec. (g). Puspan. 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 Puspan. L. 109–162, § 804(a)(1). See below.

Puspan. L. 109–162, § 804(a)(1) substituted “Secretary of Homeland Security” for “Attorney General”.

2003—Subsec. (a)(1)(B). Puspan. 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. (span)(1)(A). Puspan. 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. (span)(1)(B). Puspan. 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. (span)(1)(D). Puspan. 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. (span)(1)(E)(iv). Puspan. L. 108–193, § 4(a)(3), added cl. (iv).

Subsec. (g). Puspan. L. 108–193, § 8(span)(2), substituted “1184(o)(2)” for “1184(n)(1)”.

2002—Subsec. (a)(1). Puspan. 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–271, § 1(c), Dec. 14, 2016, 130 Stat. 1398, provided that: “The amendments made by this Act [amending this section] shall take effect as if enacted as part of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 227).”

Effective Date of 2008 Amendment

Puspan. L. 110–457, title II, § 205(a)(2), Dec. 23, 2008, 122 Stat. 5061, provided that: “The amendment made by paragraph (1) [amending this section]—

“(A) shall take effect on the date of the enactment of this Act [Dec. 23, 2008];

“(B) shall apply to pending requests for continued presence filed pursuant to section 107(c)(3) of the Trafficking Victims Protection Act [of 2000] (22 U.S.C. 7105(c)(3)) and requests filed on or after such date; and

“(C) may not be applied to an alien who is not present in the United States.”

Savings Provision

Puspan. L. 109–162, title I, § 104(span), Jan. 5, 2006, 119 Stat. 2979, provided that: “Nothing in this Act [see Tables for classification], or the amendments made by this Act, shall be construed to restrict the legal assistance provided to victims of trafficking and certain family members authorized under section 107(span)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(span)(1)).”

Abolition of Immigration and Naturalization Service and Transfer of Functions

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.

Establishment of Pilot Program for Residential Rehabilitative Facilities for Victims of Trafficking

Puspan. L. 109–164, title I, § 102(span), Jan. 10, 2006, 119 Stat. 3561, as amended by Puspan. L. 110–457, title III, §§ 302(1), 304(span), Dec. 23, 2008, 122 Stat. 5087; Puspan. L. 113–4, title XII, § 1252(1), Mar. 7, 2013, 127 Stat. 156, provided that:

“(1)Study.—

“(A)In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 10, 2006], the Administrator of the United States Agency for International Development shall carry out a study to identify best practices for the rehabilitation of victims of trafficking in group residential facilities in foreign countries.

“(B)Factors.—In carrying out the study under subparagraph (A), the Administrator shall—

“(i) investigate factors relating to the rehabilitation of victims of trafficking in group residential facilities, such as the appropriate size of such facilities, services to be provided, length of stay, and cost; and

“(ii) give consideration to ensure the safety and security of victims of trafficking, provide alternative sources of income for such victims, assess and provide for the educational needs of such victims, including literacy, and assess the psychological needs of such victims and provide professional counseling, as appropriate.

“(2)Pilot program.—Upon completion of the study carried out pursuant to paragraph (1), the Administrator of the United States Agency for International Development shall establish and carry out a pilot program to establish residential treatment facilities in foreign countries for victims of trafficking based upon the best practices identified in the study.

“(3)Purposes.—The purposes of the pilot program established pursuant to paragraph (2) are to—

“(A) provide benefits and services to victims of trafficking, including shelter, psychological counseling, and assistance in developing independent living skills;

“(B) assess the benefits of providing residential treatment facilities for victims of trafficking, as well as the most efficient and cost-effective means of providing such facilities; and

“(C) assess the need for and feasibility of establishing additional residential treatment facilities for victims of trafficking.

“(4)Selection of sites.—The Administrator of the United States Agency for International Development shall select 2 sites at which to operate the pilot program established pursuant to paragraph (2).

“(5)Form of assistance.—In order to carry out the responsibilities of this subsection, the Administrator of the United States Agency for International Development shall enter into contracts with, or make grants to, organizations with relevant expertise in the delivery of services to victims of trafficking.

“(6)Report.—Not later than one year after the date on which the first pilot program is established pursuant to paragraph (2), the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of this subsection.”