§ 7105. — Protection and assistance for victims of trafficking.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7105]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION
Sec. 7105. Protection and assistance for victims of trafficking
(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. 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.
(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.
(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.
(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, 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 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, without regard to the immigration
status of such victims.
(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) 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 Relations, and the Committee on the Judiciary of the
Senate.
(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
Attorney General, 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; 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 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
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; and
(III) testimony at proceedings against such persons.
(2) Grants
(A) In general
Subject 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 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 assistance;
and
(iii) one percent for management and administration.
(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.
(c) Trafficking victim regulations
Not later than 180 days after October 28, 2000, 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 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
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) of this section shall be construed 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)-(4) Omitted
(5) Statutory construction
Nothing in this section, or in the amendments made by this
section, shall be construed as prohibiting the Attorney General from
instituting removal proceedings under section 1229a of title 8
against an alien admitted as a nonimmigrant under section
1101(a)(15)(T)(i) of title 8, as added by subsection (e) of this
section, for conduct committed after the alien's admission into the
United States, or for conduct or a condition that was not disclosed
to the Attorney General prior to the alien's admission as a
nonimmigrant under such section 1101(a)(15)(T)(i) of title 8.
(f) Omitted
(g) Annual reports
On or before October 31 of each year, the Attorney General 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(n)(1) or 1255(l)(4)(A) of title 8.
(Pub. L. 106-386, div. A, Sec. 107, Oct. 28, 2000, 114 Stat. 1474; Pub.
L. 107-228, div. A, title VI, Sec. 682(a), Sept. 30, 2002, 116 Stat.
1409.)
References in Text
Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, referred to in subsec. (b)(1)(A), is title
IV (Sec. 400 et seq.) of Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2260,
as amended. For complete classification of title IV to the Code, see
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 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 subsec. (f) of
section 107 of Pub. L. 106-386 amended section 1255 of Title 8.
Amendments
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).
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.
Section Referred to in Other Sections
This section is referred to in section 7110 of this title.
