In this subpart, the following definitions apply:

Admission and Admitted mean, with respect to analien, the lawful entry of the alien into the United States after inspection andauthorization by an immigration officer (8 U.S.C. 1101).

Alien means any person not a citizen or national of the UnitedStates (8 U.S.C. 1101).

Attorney General Guidelines means the AttorneyGeneral Guidelines for Victim and Witness Assistance 2000, which contain apolicy guidance on how to treat crime victims and witnesses; these guidelinesare available through the Internet on the Department of Justice's website.

Coercion means threats of serious harm to or physical restraintagainst any person; or any scheme, plan, or pattern intended to cause a personto believe that failure to perform an act would result in serious harm to orphysical restraint against any person; or the abuse or threatened abuse of lawor the legal process (22 U.S.C. 7102).

Commercial sex act means any sex act on account of whichanything of value is given to or received by any person (22 U.S.C. 7102).

Debt bondage means the status or condition of a debtor arisingfrom a pledge by the debtor of his or her personal services or of those of aperson under his or her control as a security for debt, if the value of thoseservices as reasonably assessed is not applied toward the liquidation of thedebt or the length and nature of those services are not respectively limited anddefined (22 U.S.C. 7102).

Family members of victims of severe forms of trafficking inpersons means spouses, children, parents, or siblings whom traffickers havetargeted or are likely to target and for whom protections from harm mayreasonably be provided. At the discretion of the responsible official, thisclassification may be extended to include other family members. This definitionis only applicable to the protections from harm referred to in this subpart.

Federal custody means that statutory detention and custodialauthority exercised by personnel of federal agencies, bureaus, boards,divisions, programs, and offices.

Federal victims' rights legislation means the followingstatutes, as amended: the Victim and Witness Protection Act of 1982 (VWPA),Public Law 97-291, 96 Stat. 1248; the Victims of Crime Act of 1984, PublicLaw 98-473, 98 Stat. 2170; the Victims Rights and Restitution Act of 1990,Public Law 101-647, 104 Stat. 4820; the Violent Crime Control and LawEnforcement Act of 1994, Public Law 103-322, 108 Stat. 1796; theAntiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132,110 Stat. 1214; the Victim Rights Clarification Act of 1997, Public Law105-6, 111 Stat. 12; and the Victims of Trafficking and ViolenceProtection Act of 2000 (VTVPA), Public Law 106-386, 114 Stat. 1464.

INA means the Immigration and Nationality Act, 8 U.S.C. 1101 etseq.

Involuntary servitude includes a condition of servitude inducedby means of any scheme, plan, or pattern intended to cause a person to believethat, if the person did not enter into or continue in such condition, thatperson or another person would suffer serious harm or physical restraint; or theabuse or threatened abuse of the legal process (22 U.S.C. 7102).

Responsible official refers to the agency official designatedto provide the services described in 42 U.S.C. 10607(a).

Section 107(c) means section 107(c) of TVPA, Division A ofPublic Law 106-386.

Services to victims refer to those services to be providedpursuant to 42 U.S.C. 10607(c), unless otherwise specified in the TVPA or thissubpart.

Severe forms of trafficking in persons means sex trafficking inwhich a commercial sex act is induced by force, fraud, or coercion, or in whichthe person induced to perform such act has not attained 18 years of age; or therecruitment, harboring, transportation, provision, or obtaining of a person forlabor or services, through the use of force, fraud, or coercion for the purposeof subjection to involuntary servitude, peonage, debt bondage, or slavery (22U.S.C. 7102).

Sex trafficking means the recruitment, harboring,transportation, provision, or obtaining of a person for the purpose of acommercial sex act (22 U.S.C. 7102).

TVPA means the Trafficking Victims Protection Act of 2000,Public Law 106-386, Division A, October 28, 2000, 114 Stat. 1464, asamended, 22 U.S.C. 7105, et seq.

United States means the fifty States of the United States, theDistrict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and theterritories and possessions of the United States (22 U.S.C. 7102).

Victims' rights refer to crime victims' rights under 42 U.S.C.10606(b), as well as in other federal victims' rights legislation.

(a) Under section 107(c) of the TVPA, both the Department of Justice (DOJ)and the Department of State (DOS) have been directed to promulgate regulationsto implement the following:

(1) Procedures for appropriate federal employees to ensure, to the extentpracticable, that victims of severe forms of trafficking in persons are housedin a manner appropriate to their status as crime victims, afforded propermedical care and other assistance, and protected while in federal custody, inaccordance with their status as victims of severe forms of trafficking inpersons;

(2) Procedures to provide victims of severe forms of trafficking in personswith access to information about their rights and with translation services;

(3) Procedures for federal law enforcement officials to request that certainvictims of severe forms of trafficking in persons, who are aliens and are alsopotential witnesses, be permitted to remain in the United States to effectuatethe prosecution of those responsible, and procedures to protect their safety,including taking measures to protect victims of severe forms of trafficking inpersons and their family members from intimidation, threats of reprisals, andreprisals from traffickers and their associates (these procedures should beappropriate to their status as victims of severe forms of trafficking inpersons); and

(4) Training of appropriate DOJ and DOS personnel in identifying victims ofsevere forms of trafficking in persons, in understanding the particular needscommon to victims of severe forms of trafficking in persons, and in providingfor the protection of such victims.

(b) The regulations in this subpart apply to all federal law enforcementpersonnel, immigration officials and DOS officials, insofar as their dutiesinvolve investigating or prosecuting traffickers in persons, or may involveidentifying, encountering or detaining victims of severe forms of trafficking inpersons.

(c) The rights and protections made available to victims of severe forms oftrafficking in persons under section 107(c) supplement those rights andprotections provided to victims and witnesses in federal victims' rightslegislation as defined in this subpart. The intent of this subpart is to ensurethat the protections available under the provisions of federal victims' rightslegislation as well as the TVPA are fully provided to victims of severe forms oftrafficking in persons, in keeping with their status as victims of severe formsof trafficking in persons. This subpart will ensure that these victims areidentified as early as possible in the investigation and prosecution process, sothat services and protections available to them under the laws of the UnitedStates are provided.

(d) The regulations under this subpart set forth the general procedures toensure these rights are protected in cases involving victims of severe forms oftrafficking in persons. All agencies, bureaus, boards, divisions, programs, andoffices in the DOJ and the DOS with specific responsibilities under this subpartshall adopt such regulations and/or operating procedures as may be necessary toensure compliance with section 107(c) and the requirements of this subpart.

(a) Department of Justice officials. The various agencies,bureaus, boards, divisions, programs, and offices of the DOJ have most of theresponsibilities assigned by section 107(c). The goals of section 107(c) are toidentify victims of severe forms of trafficking in persons as early as possiblein the investigation and prosecution process, to ensure efforts are made to seethat such victims are accorded the rights described in 42 U.S.C. 10606, and toprovide the protections and services required under 42 U.S.C. 10607 and underthe TVPA.

(b) Department of State officials. Department of State missionsthroughout the world are often the initial contact for aliens in foreigncountries who wish to come to the United States. Appropriate DOS personnelshould be trained in identifying victims of severe forms of trafficking inpersons. Furthermore, considering the international nature of trafficking inpersons, appropriate DOS personnel, upon encountering victims of severe forms oftrafficking in persons in foreign countries, should consider referrals to locallaw enforcement or service providers in the host country, but only if the localhost country conditions support such actions.

(c) Federal law enforcement officials. Federal law enforcementofficials who, during the performance of their duties, encounter a person whomthey believe may be a victim of a severe form of trafficking in persons asdefined by this subpart, are responsible for bringing such an individual to theattention of those federal law enforcement officials primarily responsible forenforcing trafficking laws, specifically INS or FBI. In addition, DOS'sDiplomatic Security Service has investigative authority in visa and passportfraud cases that may involve trafficking in persons. Federal law enforcementofficials also include federal law enforcement personnel working cooperativelywith law enforcement officials who have primary investigative jurisdiction insuch trafficking cases. Each federal agency having law enforcementresponsibilities should ensure that its officers are trained in identifyingvictims of severe forms of trafficking in persons, and are familiar with therights, services, and protections such victims are to be accorded under the TVPAand 42 U.S.C. 10606 and 10607.

(a) While in federal custody, all victims of severe forms of trafficking inpersons must be provided, to the extent practicable, the protections andservices outlined in this section in accordance with their status as victims ofsevere forms of trafficking in persons. Under 42 U.S.C. 10607(a), each agencymust designate officials who are responsible for identifying victims of crimeand providing services to them. The designations appear in the Attorney General Guidelines. This responsibility also extends tothose who are responsible for victims of severe forms of trafficking in personswhile they are in federal custody.

(b) To the extent practicable and allowed by law, alternatives to formaldetention of victims of severe forms of trafficking in persons should beconsidered in every case. However, if detention is required, victims of severeforms of trafficking in persons in federal custody, to the extent practicable,shall not be detained in facilities inappropriate to their status as crimevictims. The responsible official shall make all efforts, where appropriate andpracticable, to house those victims separately from those areas in whichcriminals are detained. The responsible official must also provide protectionsand security to those victims as required by federal standards, policies, andprocedures. Information on the federal prohibitions against intimidation andharassment, and the remedies available for such actions should routinely be madeavailable to victims.

(c) Victims of severe forms of trafficking in persons in federal custodyshall receive necessary medical care and other assistance. This care shouldinclude free optional testing for HIV and other sexually transmitted diseases incases involving sexual assault or trafficking into the sex industry, as well asa counseling session by a medically-trained professional on the accuracy of suchtests and the risk of transmission of sexually transmitted diseases to thevictim. Other forms of mental health counseling or social services also may beappropriate to address the trauma associated with trafficking in persons.

(d) As mandated by 42 U.S.C. 10607, federal officials are responsible forarranging for victims to receive reasonable protection from a suspected offenderand persons acting in concert with or at the behest of the suspected offender.Federal law enforcement agencies also should protect victims of a severe form oftrafficking in persons from harm and intimidation pursuant to section 6 of theVictim and Witness Protection Act of 1982 and 18 U.S.C. 1512 note. It may alsobe appropriate to discuss with the victims the available remedies described in18 U.S.C. 1512 and 1513. Federal officials also should employ civil proceduresfor protecting victims and witnesses, including application for temporaryrestraining orders and protective orders, as set out in 18 U.S.C. 1514, ifpracticable. If the victim's safety is at risk or if there is danger of thevictim's recapture by the trafficker, the responsible official should take thefollowing steps under the TVPA:

(1) Use available practical and legal measures to protect the traffickedvictim and family members from intimidation, harm, and threats of harm; and

(2) Ensure that the names and identifying information pertaining totrafficked victims and family members are not disclosed to the public.

(a) All federal investigative, prosecutorial, and correctional agenciesengaged in the detection, investigation, or prosecution of crime shall use theirbest efforts to see that victims of severe forms of trafficking in persons areaccorded all rights under federal victims' rights legislation. In casesinvolving severe forms of trafficking in persons, federal officials shouldprovide victims within the United States, as defined by this subpart,information about their rights and applicable services, including:

(1) Pro bono and low-cost legal services, including immigration services;

(2) Federal and state benefits and services (victims who are minors and adultvictims who are certified by the United States Department of Health and HumanServices (HHS) are eligible for assistance that is administered or funded byfederal agencies to the same extent as refugees; others may be eligible forcertain, more limited, benefits);

(3) Victim service organizations, including domestic violence and rape crisiscenters;

(4) Protections available, especially against threats and intimidation, andthe remedies available as appropriate for the particular individual'scircumstances;

(5) Rights of individual privacy and confidentiality issues;

(6) Victim compensation and assistance programs;

(7) Immigration benefits or programs that may be relevant to victims ofsevere forms of trafficking in persons, including those available under theVTVPA;

(8) The right to restitution;

(9) The right to notification of case status; and

(10) The availability of medical services.

(b) The federal agencies as defined in paragraph (a) of this section mustensure reasonable access to translation services and/or oral interpreterservices in the event the victim is not able to communicate in English.

(a) Federal law enforcement officials who encounter alien victims of severeforms of trafficking in persons who are potential witnesses to that traffickingmay request that the Immigration and Naturalization Service (INS) grant thecontinued presence of such aliens in the United States. All law enforcementrequests for continued presence must be submitted to the INS, HeadquartersOffice of Field Operations, in accordance with INS procedures. Each federal lawenforcement agency will designate a headquarters office to administersubmissions and coordinate with the INS on all requests for continued presence.The designated headquarters office will be responsible for meeting all reportingrequirements contained in INS procedures for the processing and administering ofthe requests for continued presence in the United States of eligible aliens.

(b) Upon receiving a request, the INS will determine the victim's immigrationstatus. When applicable and appropriate, the INS may then use a variety ofstatutory and administrative mechanisms to ensure the alien's continued presencein the United States. The specific mechanism used will depend on the alien'scurrent status under the immigration laws and other relevant facts. Thesemechanisms may include parole, voluntary departure, stay of final order, section107(c)(3)-based deferred action, or any other authorized form of continuedpresence, including applicable nonimmigrant visas.

(1) The alien's continued presence in the United States under this subpartdoes not convey any immigration status or benefit apart from that alreadyencompassed by the particular form of authorized continued presence granted. Inmost circumstances, victims granted continued presence will be eligible fortemporary employment authorization.

(2) The continued presence granted through any of the mechanisms described inthis paragraph (b) will contain the terms normally associated with theparticular type of authorized continued presence granted, including, but notlimited to, duration of benefit, terms and procedures for receiving anextension, travel limitations, and employment authorization unless expresslywaived in an individual approval. Aliens granted deferred action based uponsection 107(c)(3) are considered to be present in the United States pursuant toa period of stay authorized by the Attorney General for purposes of INA sections212(a)(9)(B)(I) and (C).

(c)(1) In cases where it is determined that the granting to an alien ofcontinued presence in the United States poses a threat to national security orto the safety and welfare of the public, the INS may require the requestingagency to meet special conditions or requirements prior to approval. The INSwill promptly convey any such condition or requirement to the requesting agencyin writing. Upon agreement by the requesting agency to comply with theconditions and accept the costs associated with the implementation of thoseconditions, the INS will grant the continued presence of the alien in the UnitedStates.

(2) Although the INS and the requesting law enforcement agency will makeevery effort to reach a satisfactory agreement for the granting of continuedpresence, the INS may deny a request for continued presence in the followinginstances:

(i) Failure, on the part of the requesting agency, to provide necessarydocumentation or to adhere to established INS procedures;

(ii) Refusal to agree or comply with conditions or requirements instituted inaccordance with paragraph (c)(1) of this section;

(iii) Failure, on the part of the requesting agency, to comply with pastsupervision or reporting requirements established as a condition of continuedpresence; or

(iv) When the INS determines that granting continued presence for theparticular alien would create a significant risk to national security or publicsafety and that the risk cannot be eliminated or acceptably minimized by theestablishment of agreeable conditions.

(3) In the case of a denial, the INS shall promptly notify the designatedoffice within the requesting agency. The INS and the requesting agency will takeall available steps to reach an acceptable resolution. In the event suchresolution is not possible, the INS shall promptly forward the matter to theDeputy Attorney General, or his designee, for resolution.

(d) In addition to meeting any conditions placed upon the granting ofcontinued presence in accordance with paragraph (c) of this section, theresponsible official at the law enforcement agency requesting the victim'scontinued presence in the United States as described in paragraph (a) of thissection shall arrange for reasonable protection to any alien allowed to remainin the United States by the INS. This protection shall be in accordance with 42U.S.C. 10606 and shall include taking measures to protect trafficked persons andtheir family members from intimidation, threats of reprisals, and reprisals fromtraffickers and their associates in accordance with section 107(c)(3). Suchprotection shall take into account their status as victims of severe forms oftrafficking in persons.

(a) The TVPA requires that appropriate DOJ and DOS personnel be trained inidentifying victims of severe forms of trafficking in persons and providing forthe protection of such victims. These federal personnel will be trained torecognize victims and provide services and protections, as appropriate, inaccordance with the TVPA, 42 U.S.C. 10606 and 10607, and other applicablevictim-assistance laws. Specifically, the training will include, as applicable:

(1) Procedures and techniques for identifying victims of severe forms oftrafficking in persons;

(2) Rights of crime victims, including confidentiality requirements;

(3) Description of the services available to victims of severe forms oftrafficking in persons at the investigation, prosecution, and, where applicable,correction stages of the law enforcement process;

(4) Referral services to be provided to victims of severe forms oftrafficking in persons;

(5) Benefits and services available to alien victims of severe forms oftrafficking in persons regardless of their immigration status;

(6) Particular needs of victims of severe forms of trafficking in persons;

(7) Procedures and techniques for dealing with specialized needs of victimswho may face cultural, language, and/or other obstacles that impede theirability to request and obtain available services for themselves; and

(8) Protection obligations of responsible officials under federal law andpolicies, as these apply to victims of severe forms of trafficking in persons.

(b) Each component of the DOJ and the DOS with program responsibility forvictim witness services must provide initial training in the particular needs ofvictims of severe forms of trafficking in persons, and appropriate federalagencies' responses to such victims; initial training of appropriate agencypersonnel should be conducted as soon as possible. Thereafter, training must beheld on a recurring basis to ensure that victims of severe forms of traffickingin persons receive the rights, protections, and services accorded them under theTVPA and federal victims' rights laws, and the federal policies, procedures, andguidelines implementing the TVPA and other federal victims' rights laws.