Source
(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.)
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, 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.
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
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).
Savings Provision
Pub. L. 109–162, title I, § 104(b), 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(b)(1) of the Trafficking Victims Protection Act of 2000 (
22 U.S.C.
7105
(b)(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
Pub. L. 109–164, title I, § 102(b), Jan. 10, 2006,
119 Stat. 3561, 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 International Relations [now 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.
“(7) Authorization of appropriations.—There are authorized to be appropriated to the Administrator of the United States Agency for International Development to carry out this subsection $2,500,000 for each of the fiscal years 2006 and 2007.”