### §7103b. 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 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").

#### (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

Not later than 180 days after May 29, 2015, 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 May 29, 2015, 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—

(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;

(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; and

(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.

#### (g) Nonapplicability of FACA

The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.).1

(Pub. L. 114–22, title I, §115, May 29, 2015, 129 Stat. 243; Pub. L. 115–425, title I, §114, Jan. 8, 2019, 132 Stat. 5477; Pub. L. 116–283, div. A, title XII, §1299R(c)(1), (2), Jan. 1, 2021, 134 Stat. 4027; Pub. L. 117–348, title I, §102, Jan. 5, 2023, 136 Stat. 6215.)

#### **Editorial Notes**

#### References in Text

Subsection (h), referred to in subsec. (e), was struck out by Pub. L. 117–348, title I, §102, Jan. 5, 2023, 136 Stat. 6215.

The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92–463, Oct. 6, 1972, 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, Dec. 27, 2022, 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.

#### Amendments

2023—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."

2021—Subsec. (f)(3). Pub. L. 116–283, §1299R(c)(2), added par. (3).

Subsec. (h). Pub. L. 116–283, §1299R(c)(1), substituted "September 30, 2025" for "September 30, 2021".

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, Jan. 5, 2023, 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."

1 See References in Text note below.