Sec. 402. Services for Trafficking Victims
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Subsection 107(c) of the Trafficking Victims Protection Act of 2000 is amended— by deleting paragraph
(2)and replacing it with the following new paragraph: Victims and potential victims of severe forms of trafficking shall have access to information about their legal rights and shall be provided translation services. A list of victim services agencies shall be provided within 24 hours of discovery of a potential victim. Potential victims shall not be placed in any local, State, or Federal jail or detention facility unless it has clearly been ascertained that an individual is not a victim of a severe form of trafficking in persons. ; and in paragraph
(3)by deleting Federal law enforcement officials and inserting Any Federal and local law enforcement agents authorized to investigate trafficking in persons crimes . Section 103 of the trafficking victims protection act of 2000 is amended by adding at the end the following new subsection: the term victim services means a nonprofit, nongovernmental organization that assists trafficking victims, including trafficking, battered women and sexual assault crisis centers, trafficking and battered women’s shelters, and other trafficking, sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting trafficking victims through the legal process. . The amendments made by this section shall take effect on the date of the enactment of this Act. Section 214 of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a ) is amended— by amending subsection
(a)to read as such subsection would have read if the amendments to such subsection made by section 3(b) of Public Law 106–504 were made to such subsection rather than to section 214(a) of the Housing Community Development Act of 1980; in subsection (a), as amended by paragraph
(1)of this subsection— in paragraph (6), by striking or at the end; by redesignating paragraph
(7)as paragraph (8); and by inserting after paragraph
(6)the following new paragraph: a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); or ; and in subsection (c)— in paragraph (1)(A), by striking
(6)and inserting
(8); and in paragraph (2)(A), in the matter preceding clause (i), by inserting (other than a qualified alien, as such term is defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) after any alien . The Secretary of Health and Human Services, in consultation with the Secretary of Housing and Urban Development and Secretary of Department of Agriculture and the and Secretary of the Department of Education, shall develop an information pamphlet, as described in paragraph (2), on legal rights for immigrant victims to access public benefits and distribute and make such pamphlet available as described in paragraph (5). In preparing such materials, the Secretary of Health and Human Services shall consult with nongovernmental organizations with expertise on the legal rights to public benefits access for immigrant victims of battery, extreme cruelty, sexual assault, and other crimes. The information pamphlet developed under paragraph
(1)shall include information on the following: Definition of Qualified Immigrants eligible for Federal public benefits. Housing rights of qualified immigrant. Federal- and State-funded housing programs open to all immigrants including emergency shelter and transitional housing for up to two years. Qualified immigrant access to post-secondary financial aid, grants and loans. Qualified immigrant access to Federal means tested public benefits including access to— Medicaid; Medicaid and SCHIP for qualified immigrant children and pregnant women; food stamps; food stamps for qualified immigrant children; SSI; TANF; child care; and foster care/adoption assistance, child support services. Legal rights of immigrants to access programs, resources and services that are— necessary to protect life and safety; medical assistance under title XIX of the Social Security Act; short-term, non-cash, in-kind emergency disaster relief; public health assistance for immunizations and treatment for symptoms of communicable diseases; programs for housing or community development assistance or financial assistance administered by the secretary of HUD; HHS HRSA funded health care programs; and State-funded benefits. Resources through which victims can obtain referrals to programs in their community and/or State that provide advocacy, social services, legal services and other supportive services to immigrant victims of domestic violence, sexual assault, human trafficking, elder abuse or crime victims. In order to best serve the language groups having the greatest concentration of immigrants seeking public benefits, the information pamphlet developed under paragraph
(1)shall, subject to subparagraph (B), be translated by the Secretary of Health and Human Services into foreign languages that at a minimum include the top 15 languages of legal permanent residents and shall be responsible for reviewing these languages every 5 years and adding additional languages accordingly such other languages as the Secretary of State, in the Secretary’s discretion, may specify. The information pamphlet developed under paragraph
(1)shall be made available and distributed as follows: The Federal agencies described in subparagraph
(C)shall distribute the pamphlet developed under subparagraph
(1)to all— agency grantees; State agencies responsible for granting Federal public benefits; and public housing authorities. The pamphlet developed under paragraph
(1)shall be accessibly posted on the Websites of each of the Federal Government agencies listed in subparagraph (C). Department of Health and Human Services; Department of Agriculture; Department of Housing and Urban Development; Department of Education; and Department of Homeland Security. The pamphlet developed under paragraph
(1)shall be distributed and made available (including in the languages specified under paragraph (4)) not later than 180 days after the date of the enactment of this Act. The amendments made by this section apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act without regard to whether regulations to carry out such amendments are implemented.
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- Pub. L. 106-504
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