Sec. 3. Official recognition of American victims of human trafficking
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Section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ) is amended— by redesignating subsection
(f)(as originally enacted), as subsection (h); and in subsection
(f)(as added by section 213(a)(1) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 )), by adding at the end the following: Upon receiving credible information that establishes, by a preponderance of the evidence, that a covered individual is a victim of a severe form of trafficking and at the request of the covered individual, the Secretary of Health and Human Services shall promptly issue a determination that the covered individual is a victim of a severe form of trafficking. The Secretary shall have exclusive authority to make such a determination. In this subsection, the term covered individual means— a citizen of the United States; or an alien lawfully admitted for permanent residence (as defined in section 101(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(20) )). For purposes of this paragraph, in determining whether a covered individual has provided credible information that the covered individual is a victim of a severe form of trafficking, the Secretary of Health and Human Services shall consider all relevant and credible evidence, and if appropriate, consult with the Attorney General, the Secretary of Homeland Security, or the Secretary of Labor. For purposes of this paragraph, the following forms of evidence shall receive deference in determining whether a covered individual has established that the covered individual is a victim of a severe form of trafficking: A sworn statement by the covered individual or a representative of the covered individual if the covered individual is present at the time of such statement but not able to competently make such sworn statement. Police, government agency, or court records or files. Documentation from a social services, trafficking, or domestic violence program, child welfare or runaway and homeless youth program, or a legal, clinical, medical, or other professional from whom the covered individual has sought assistance in dealing with the crime. A statement from any other individual with knowledge of the circumstances that provided the basis for the claim. Physical evidence. Not later than 18 months after the date of enactment of the Justice for Victims of Trafficking Act of 2015 , the Secretary of Health and Human Services shall adopt regulations to implement this paragraph. Nothing in this paragraph may be construed to require a covered individual to obtain a determination under this paragraph in order to be defined or classified as a victim of a severe form of trafficking under this section. .
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- Pub. L. 110-457
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Sec. 3
Official recognition of American victims of human trafficking
Pub. L.Pub. L. 110-457
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