Title 22 — Foreign Relations and Intercourse
Chapter 78 — Trafficking Victims Protection
§ 7103b. Survivors of Human Trafficking Empowerment Act
Statutory text
Short title
This section may be cited as the “Survivors of Human Trafficking Empowerment Act”.
Establishment
There is established the United States Advisory Council on Human Trafficking (referred to in this section as the “Council”), which shall provide advice and recommendations to the Senior Policy Operating Group established under section 7103(g) of this title (referred to in this section as the “Group”) and the President’s Interagency Task Force to Monitor and Combat Trafficking established under section 7103(a) of such title (referred to in this section as the “Task Force”).
Membership
Composition
The Council shall be composed of not less than 8 and not more than 14 individuals who are survivors of human trafficking.
Representation of survivors
To the extent practicable, members of the Council shall be survivors of trafficking, who shall accurately reflect the diverse backgrounds of survivors of trafficking, including—
survivors of sex trafficking and survivors of labor trafficking; and
survivors who are United States citizens and survivors who are aliens lawfully present in the United States.
Appointment
Not later than 180 days after , the President shall appoint the members of the Council.
Term; reappointment
Each member of the Council shall serve for a term of 2 years and may be reappointed by the President to serve 1 additional 2-year term.
Functions
The Council shall—
be a nongovernmental advisory body to the Group;
meet, at its own discretion or at the request of the Group, not less frequently than annually to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims and serve as a point of contact for Federal agencies reaching out to human trafficking survivors for input on programming and policies relating to human trafficking in the United States;
formulate assessments and recommendations to ensure that policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and
meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council.
Reports
Not later than 1 year after , and each year thereafter until the date described in subsection (h),1 the Council shall submit a report that contains the findings derived from the reviews conducted pursuant to subsection (d)(2) to—
the chair of the Task Force;
the members of the Group;
the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representatives; and
the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
Employee status
Members of the Council—
shall not be considered employees of the Federal Government for any purpose;
shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5; and
may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.
Nonapplicability of FACA
The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.).1
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Survivors of Human Trafficking Empowerment Act
Pub. L. 114–22 title I § 115 · 129 Stat. 227
Enacted · 22 U.S.C. § 7103b
Pub. L. 114–22, title I, § 115, May 29, 2015, 129 Stat. 243
Source evidence
Code source credit
Pub. L. 114–22, title I, § 115, May 29, 2015, 129 Stat. 243Enacted provision · exact public law section
SEC. 115. SURVIVORS OF HUMAN TRAFFICKING EMPOWERMENT ACT. (a) Short Title.— This section may be cited as the “Survivors of Human Trafficking Empowerment Act”. (b) Establishment.— There is established the United States Advisory Council on Human Trafficking (referred to in this section as the “Council”), which shall provide advice and recommendations to the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)) (referred to in this section as the “Group”) and the President’s Interagency Task Force to Monitor and Combat Trafficking established under section 105(a) of such Act (referred to in this section as the “Task Force”). (c) Membership.— (1) Composition.— The Council shall be composed of not less than 8 and not more than 14 individuals who are survivors of human trafficking. (2) Representation of survivors.— To the extent practicable, members of the Council shall be survivors of trafficking, who shall accurately reflect the diverse backgrounds of survivors of trafficking, including— (A) survivors of sex trafficking and survivors of labor trafficking; and (B) survivors who are United States citizens and survivors who are aliens lawfully present in the United States. (3) Appointment.— Deadline. President. Not later than 180 days after the date of enactment of this Act, the President shall appoint the members of the Council. (4) Term; reappointment.— Each member of the Council shall serve for a term of 2 years and may be reappointed by the President to serve 1 additional 2-year term. (d) Functions.— The Council shall— (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion or at the request of the Group, not less frequently than annually to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims and serve as a point of contact for Federal agencies reaching out to human trafficking survivors for input on programming and policies relating to human trafficking in the United States; (3) formulate assessments and recommendations to ensure that policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and (4) meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council. (e) Reports.— Not later than 1 year after the date of enactment of this Act and each year thereafter until the date described in subsection (h), the Council shall submit a report that contains the findings derived from the reviews conducted pursuant to subsection (d)(2) to— (1) the chair of the Task Force; (2) the members of the Group; (3) the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representatives; and (4) the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate. (f) Employee Status.— Members of the Council— (1) shall not be considered employees of the Federal Government for any purpose; and (2) shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5, United States Code. (g) Nonapplicability of FACA.— The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). (h) Sunset.— The Council shall terminate on September 30, 2020.Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018
Pub. L. 115–425 § 114(1) · 132 Stat. 5472
Amended · 22 U.S.C. § 7103b(f)(2)
Pub. L. 115–425, § 114(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 115–425, § 114(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.”Enacted provision · exact public law section
(1) in subsection (f), by amending paragraph (2) to read as follows: “(2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code.” ; andFrederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018
Pub. L. 115–425 § 114(2) · 132 Stat. 5472
Substituted · 22 U.S.C. § 7103b(h)
Pub. L. 115–425, § 114(2), substituted “2021” for “2020”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 115–425, § 114(2), substituted “2021” for “2020”.Enacted provision · exact public law section
(2) in subsection (h), by striking “2020” and inserting “2021”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1299R(c)(2) · 134 Stat. 3388
Added · 22 U.S.C. § 7103b(f)(3)
Pub. L. 116–283, § 1299R(c)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 116–283, § 1299R(c)(2), added par. (3).Enacted provision · exact public law section
(2) Compensation.— Section 115(f) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended— (A) in paragraph (1), by striking “and” after the semicolon at the end; (B) in paragraph (2), by striking the period at end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1299R(c)(1) · 134 Stat. 3388
Substituted · 22 U.S.C. § 7103b(h)
Pub. L. 116–283, § 1299R(c)(1), substituted “September 30, 2025” for “September 30, 2021”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 116–283, § 1299R(c)(1), substituted “September 30, 2025” for “September 30, 2021”.Enacted provision · exact public law section
(1) Extension.— Section 115(h) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended by striking “September 30, 2021” and inserting “September 30, 2025”.Trafficking Victims Prevention and Protection Reauthorization Act of 2022
Pub. L. 117–348 title I § 102 · 136 Stat. 6211
Struck · 22 U.S.C. § 7103b(h)
Pub. L. 117–348 struck out subsec. (h). Prior to amendment, text read as follows: “The Council shall terminate on September 30, 2025.”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 117–348 struck out subsec. (h). Prior to amendment, text read as follows: “The Council shall terminate on September 30, 2025.”Enacted provision · exact public law section
SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN TRAFFICKING. The Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22) 22 USC 7103b. is amended by striking subsection (h).
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
Subsection (h), referred to in subsec. (e), was struck out by Pub. L. 117–348, title I, § 102, , 136 Stat. 6215.
The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92–463, , 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, , 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Codification
Section was enacted as the Survivors of Human Trafficking Empowerment Act, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2019–2023 · 3 rounds
2023
Subsec. (h). Pub. L. 117–348 struck out subsec. (h). Prior to amendment, text read as follows: “The Council shall terminate on .”
2021
Subsec. (f)(3). Pub. L. 116–283, § 1299R(c)(2), added par. (3).
Subsec. (h). Pub. L. 116–283, § 1299R(c)(1), substituted “” for “”.
2019
Subsec. (f)(2). Pub. L. 115–425, § 114(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.”
Subsec. (h). Pub. L. 115–425, § 114(2), substituted “2021” for “2020”.
Statutory Notes and Related Subsidiaries
Severability
Pub. L. 117–348, title III, § 301, , 136 Stat. 6224, provided that: “If any provision of this Act [see Short Title of 2023 Amendment note set out under section 7101 of this title] or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.”