1. U.S. Code
  2. title 22
  3. chapter 78
  4. § 7105

Collapse to view only § 7105. Protection and assistance for victims of trafficking

§ 7101. Purposes and findings
(a) Purposes
(b) Findings
Congress finds that:
(1) As the 21st century begins, the degrading institution of slavery continues throughout the world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and children are trafficked into the United States each year.
(2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The low status of women in many parts of the world has contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This growing transnational crime also includes forced labor and involves significant violations of labor, public health, and human rights standards worldwide.
(4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, dancers, factory workers, restaurant workers, sales clerks, or models. Traffickers also buy children from poor families and sell them into prostitution or into various types of forced or bonded labor.
(5) Traffickers often transport victims from their home communities to unfamiliar destinations, including foreign countries away from family and friends, religious institutions, and other sources of protection and support, leaving the victims defenseless and vulnerable.
(6) Victims are often forced through physical violence to engage in sex acts or perform slavery-like labor. Such force includes rape and other forms of sexual abuse, torture, starvation, imprisonment, threats, psychological abuse, and coercion.
(7) Traffickers often make representations to their victims that physical harm may occur to them or others should the victim escape or attempt to escape. Such representations can have the same coercive effects on victims as direct threats to inflict such harm.
(8) Trafficking in persons is increasingly perpetrated by organized, sophisticated criminal enterprises. Such trafficking is the fastest growing source of profits for organized criminal enterprises worldwide. Profits from the trafficking industry contribute to the expansion of organized crime in the United States and worldwide. Trafficking in persons is often aided by official corruption in countries of origin, transit, and destination, thereby threatening the rule of law.
(9) Trafficking includes all the elements of the crime of forcible rape when it involves the involuntary participation of another person in sex acts by means of fraud, force, or coercion.
(10) Trafficking also involves violations of other laws, including labor and immigration codes and laws against kidnapping, slavery, false imprisonment, assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health risks. Women and children trafficked in the sex industry are exposed to deadly diseases, including HIV and AIDS. Trafficking victims are sometimes worked or physically brutalized to death.
(12) Trafficking in persons substantially affects interstate and foreign commerce. Trafficking for such purposes as involuntary servitude, peonage, and other forms of forced labor has an impact on the nationwide employment network and labor market. Within the context of slavery, servitude, and labor or services which are obtained or maintained through coercive conduct that amounts to a condition of servitude, victims are subjected to a range of violations.
(13) Involuntary servitude statutes are intended to reach cases in which persons are held in a condition of servitude through nonviolent coercion. In United States v. Kozminski, 487 U.S. 931 (1988), the Supreme Court found that section 1584 of title 18, should be narrowly interpreted, absent a definition of involuntary servitude by Congress. As a result, that section was interpreted to criminalize only servitude that is brought about through use or threatened use of physical or legal coercion, and to exclude other conduct that can have the same purpose and effect.
(14) Existing legislation and law enforcement in the United States and other countries are inadequate to deter trafficking and bring traffickers to justice, failing to reflect the gravity of the offenses involved. No comprehensive law exists in the United States that penalizes the range of offenses involved in the trafficking scheme. Instead, even the most brutal instances of trafficking in the sex industry are often punished under laws that also apply to lesser offenses, so that traffickers typically escape deserved punishment.
(15) In the United States, the seriousness of this crime and its components is not reflected in current sentencing guidelines, resulting in weak penalties for convicted traffickers.
(16) In some countries, enforcement against traffickers is also hindered by official indifference, by corruption, and sometimes even by official participation in trafficking.
(17) Existing laws often fail to protect victims of trafficking, and because victims are often illegal immigrants in the destination country, they are repeatedly punished more harshly than the traffickers themselves.
(18) Additionally, adequate services and facilities do not exist to meet victims’ needs regarding health care, housing, education, and legal assistance, which safely reintegrate trafficking victims into their home countries.
(19) Victims of severe forms of trafficking should not be inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts committed as a direct result of being trafficked, such as using false documents, entering the country without documentation, or working without documentation.
(20) Because victims of trafficking are frequently unfamiliar with the laws, cultures, and languages of the countries into which they have been trafficked, because they are often subjected to coercion and intimidation including physical detention and debt bondage, and because they often fear retribution and forcible removal to countries in which they will face retribution or other hardship, these victims often find it difficult or impossible to report the crimes committed against them or to assist in the investigation and prosecution of such crimes.
(21) Trafficking of persons is an evil requiring concerted and vigorous action by countries of origin, transit or destination, and by international organizations.
(22) One of the founding documents of the United States, the Declaration of Independence, recognizes the inherent dignity and worth of all people. It states that all men are created equal and that they are endowed by their Creator with certain unalienable rights. The right to be free from slavery and involuntary servitude is among those unalienable rights. Acknowledging this fact, the United States outlawed slavery and involuntary servitude in 1865, recognizing them as evil institutions that must be abolished. Current practices of sexual slavery and trafficking of women and children are similarly abhorrent to the principles upon which the United States was founded.
(23) The United States and the international community agree that trafficking in persons involves grave violations of human rights and is a matter of pressing international concern. The international community has repeatedly condemned slavery and involuntary servitude, violence against women, and other elements of trafficking, through declarations, treaties, and United Nations resolutions and reports, including the Universal Declaration of Human Rights; the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the 1948 American Declaration on the Rights and Duties of Man; the 1957 Abolition of Forced Labor Convention; the International Covenant on Civil and Political Rights; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; United Nations General Assembly Resolutions 50/167, 51/66, and 52/98; the Final Report of the World Congress against Sexual Exploitation of Children (Stockholm, 1996); the Fourth World Conference on Women (Beijing, 1995); and the 1991 Moscow Document of the Organization for Security and Cooperation in Europe.
(24) Trafficking in persons is a transnational crime with national implications. To deter international trafficking and bring its perpetrators to justice, nations including the United States must recognize that trafficking is a serious offense. This is done by prescribing appropriate punishment, giving priority to the prosecution of trafficking offenses, and protecting rather than punishing the victims of such offenses. The United States must work bilaterally and multilaterally to abolish the trafficking industry by taking steps to promote cooperation among countries linked together by international trafficking routes. The United States must also urge the international community to take strong action in multilateral fora to engage recalcitrant countries in serious and sustained efforts to eliminate trafficking and protect trafficking victims.
(Pub. L. 106–386, div. A, § 102, Oct. 28, 2000, 114 Stat. 1466.)

CITE AS: 22 USC 7101

§ 7102. DefinitionsIn this chapter:
(1) Abuse or threatened abuse of law or legal process
(2) Appropriate congressional committees
(3) CoercionThe term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(4) Commercial sex act
(5) Concrete actionsThe term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively underway.
(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particularly vulnerable populations, involving survivors of trafficking in community engagement and policy making, engagement with foreign migrants, ending recruitment fees, and other such measures.
(H) Victim services offered, including immigration services and restitution.
(I) The amount of money the government has committed to the actions described in subparagraphs (A) through (H).
(6) Credible informationThe term “credible information” includes all of the following:
(A) Reports by the Department of State.
(B) Reports of other Federal agencies, including the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor.
(C) Documentation provided by a foreign country, including—
(i) copies of relevant laws, regulations, and policies adopted or modified; and
(ii) an official record of enforcement actions taken, judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided.
(D) Materials developed by civil society organizations.
(E) Information from survivors of human trafficking, vulnerable persons, and whistleblowers.
(F) All relevant media and academic reports that, in light of reason and common sense, are worthy of belief.
(G) Information developed by multilateral institutions.
(H) An assessment of the impact of the actions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country.
(7) Debt bondage
(8) Involuntary servitudeThe term “involuntary servitude” includes a condition of servitude induced by means of—
(A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(9) Minimum standards for the elimination of trafficking
(10) Nonhumanitarian, nontrade-related foreign assistanceThe term “nonhumanitarian, nontrade-related foreign assistance” means—
(A) any assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], other than—
(i) assistance under chapter 4 of part II of that Act [22 U.S.C. 2346 et seq.] in support of programs of nongovernmental organizations that is made available for any program, project, or activity eligible for assistance under chapter 1 of part I of that Act [22 U.S.C. 2151 et seq.];
(ii) assistance under chapter 8 of part I of that Act [22 U.S.C. 2291 et seq.];
(iii) any other narcotics-related assistance under part I of that Act [22 U.S.C. 2151 et seq.] or under chapter 4 or 5 1
1 So in original. Probably should be followed by “of”.
part II of that Act [22 U.S.C. 2346 et seq., 2347 et seq.], but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of that Act [22 U.S.C. 2394–1];
(iv) disaster relief assistance, including any assistance under chapter 9 of part I of that Act [22 U.S.C. 2292 et seq.];
(v) antiterrorism assistance under chapter 8 of part II of that Act [22 U.S.C. 2349aa et seq.];
(vi) assistance for refugees;
(vii) humanitarian and other development assistance in support of programs of nongovernmental organizations under chapters 1 and 10 2
2 See References in Text note below.
of that Act;
(viii) any support under subchapter II of chapter 103 of this title relating to the United States International Development Finance Corporation;
(ix) other programs involving trade-related or humanitarian assistance; and
(B) sales, or financing on any terms, under the Arms Export Control Act [22 U.S.C. 2751 et seq.], other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 2394–1].
(11) Severe forms of trafficking in personsThe term “severe forms of trafficking in persons” means—
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
(12) Sex trafficking
(13) State
(14) Task Force
(15) United States
(16) Victim of a severe form of trafficking
(17) Victim of trafficking
(18) Grounds related to human trafficking
(Pub. L. 106–386, div. A, § 103, Oct. 28, 2000, 114 Stat. 1469; Pub. L. 108–193, § 8(b)(1), Dec. 19, 2003, 117 Stat. 2887; Pub. L. 110–457, title III, § 304(a), Dec. 23, 2008, 122 Stat. 5087; Pub. L. 113–4, title XII, § 1212(b)(1), Mar. 7, 2013, 127 Stat. 143; Pub. L. 114–22, title I, § 108(b), May 29, 2015, 129 Stat. 239; Pub. L. 115–254, div. F, title VI, § 1470(p), Oct. 5, 2018, 132 Stat. 3518; Pub. L. 115–427, § 2, Jan. 9, 2019, 132 Stat. 5503; Pub. L. 116–283, div. A, title XII, § 1299R(d)(2), Jan. 1, 2021, 134 Stat. 4028.)

CITE AS: 22 USC 7102

§ 7103. Interagency Task Force to Monitor and Combat Trafficking
(a) Establishment
(b) Appointment
(c) Chairman
(d) Activities of the Task ForceThe Task Force shall carry out the following activities:
(1) Coordinate the implementation of this chapter.
(2) Measure and evaluate progress of the United States and other countries in the areas of trafficking prevention, protection, and assistance to victims of trafficking, and prosecution and enforcement against traffickers, including the role of public corruption in facilitating trafficking. The Task Force shall have primary responsibility for assisting the Secretary of State in the preparation of the reports described in section 7107 of this title.
(3) Expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking and providing an annual report on the case referrals received from the national human trafficking hotline by Federal departments and agencies. Any data collection procedures and reporting requirements established under this subsection shall respect the confidentiality of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among countries of origin, transit, and destination. Such efforts shall aim to strengthen local and regional capacities to prevent trafficking, prosecute traffickers and assist trafficking victims, and shall include initiatives to enhance cooperative efforts between destination countries and countries of origin and assist in the appropriate reintegration of stateless victims of trafficking.
(5) Examine the role of the international “sex tourism” industry in the trafficking of persons and in the sexual exploitation of women and children around the world.
(6) Engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of this chapter, and make reasonable efforts to distribute information to enable all relevant Federal Government agencies to publicize the National Human Trafficking Resource Center Hotline on their websites, in all headquarters offices, and in all field offices throughout the United States.
(7) Not later than May 1, 2004, and annually thereafter, the Attorney General shall submit to the Committee on Ways and Means, the Committee on Foreign Affairs 1
1 So in original. Probably should be followed by a comma.
the Committee on Financial Services,, 2
2 So in original.
and the Committee on the Judiciary of the House of Representatives and the Committee on Finance, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate, a report on Federal agencies that are implementing any provision of this chapter, or any amendment made by this chapter, which shall include, at a minimum, information on—
(A) the number of persons who received benefits or other services under subsections (b) and (f) 3
3 See References in Text note below.
of section 7105 of this title in connection with programs or activities funded or administered by the Secretary of Health and Human Services, the Secretary of Labor, the Attorney General, the Board of Directors of the Legal Services Corporation, and other appropriate Federal agencies during the preceding fiscal year;
(B) the number of persons who have been granted continued presence in the United States under section 7105(c)(3) of this title during the preceding fiscal year and the mean and median time taken to adjudicate applications submitted under such section, including the time from the receipt of an application by law enforcement to the issuance of continued presence, and a description of any efforts being taken to reduce the adjudication and processing time while ensuring the safe and competent processing of the applications;
(C) the number of persons who have applied for, been granted, or been denied a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 1101(a)(15) of title 8 during the preceding fiscal year;
(D) the number of persons who have applied for, been granted, or been denied a visa or status under clause (ii) of section 1101(a)(15)(T) of title 8 during the preceding fiscal year, broken down by the number of such persons described in subclauses (I), (II), and (III) of such clause (ii);
(E) the amount of Federal funds expended in direct benefits paid to individuals described in subparagraph (D) in conjunction with T visa status;
(F) the number of persons who have applied for, been granted, or been denied a visa or status under section 1101(a)(15)(U)(i) of title 8 during the preceding fiscal year;
(G) the mean and median time in which it takes to adjudicate applications submitted under the provisions of law set forth in subparagraph (C), including the time between the receipt of an application and the issuance of a visa and work authorization;
(H) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications;
(I) the number of persons who have been charged or convicted under one or more of sections 1581, 1583, 1584, 1589, 1590, 1591, 1592, or 1594 of title 18 during the preceding fiscal year and the sentences imposed against each such person;
(J) the amount, recipient, and purpose of each grant issued by any Federal agency to carry out the purposes of sections 7104 and 7105 of this title, or section 2152d of this title, during the preceding fiscal year;
(K) the nature of training conducted pursuant to section 7105(c)(4) of this title during the preceding fiscal year;
(L) the amount, recipient, and purpose of each grant under sections 20702 and 20705 of title 34; 3
(M) activities by the Department of Defense to combat trafficking in persons, including—
(i) educational efforts for, and disciplinary actions taken against, members of the United States Armed Forces;
(ii) the development of materials used to train the armed forces of foreign countries;
(iii) all known trafficking in persons cases reported to the Under Secretary of Defense for Personnel and Readiness;
(iv) efforts to ensure that United States Government contractors and their employees or United States Government subcontractors and their employees do not engage in trafficking in persons; and
(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition and Sustainment;
(N) activities or actions by Federal departments and agencies to enforce—
(i)section 7104(g) of this title and any similar law, regulation, or policy relating to United States Government contractors and their employees or United States Government subcontractors and their employees that engage in severe forms of trafficking in persons, the procurement of commercial sex acts, or the use of forced labor, including debt bondage;
(ii)section 1307 of title 19 (relating to prohibition on importation of convict-made goods), including any determinations by the Secretary of Homeland Security to waive the restrictions of such section; and
(iii) prohibitions on the procurement by the United States Government of items or services produced by slave labor, consistent with Executive Order 13107 (December 10, 1998);
(O) the activities undertaken by the Senior Policy Operating Group to carry out its responsibilities under subsection (g); and 4
4 So in original. The word “and” probably should not appear.
(P) the activities undertaken by Federal agencies to train appropriate State, tribal, and local government and law enforcement officials to identify victims of severe forms of trafficking, including both sex and labor trafficking;
(Q) the activities undertaken by Federal agencies in cooperation with State, tribal, and local law enforcement officials to identify, investigate, and prosecute offenses under sections 1581, 1583, 1584, 1589, 1590, 1591, 1592, 1594, 2251, 2251A, 2421, 2422, and 2423 of title 18, or equivalent State offenses, including, in each fiscal year—
(i) the number, age, gender, country of origin, and citizenship status of victims identified for each offense;
(ii) the number of individuals charged, and the number of individuals convicted, under each offense;
(iii) the number of individuals referred for prosecution for State offenses, including offenses relating to the purchasing of commercial sex acts;
(iv) the number of victims granted continued presence in the United States under section 7105(c)(3) of this title;
(v) the number of victims granted a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 1101(a)(15) of title 8;
(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order;
(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and
(viii) the number of convictions obtained under chapter 77 of title 18, aggregated separately by the form of offense committed with respect to the victim, including recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting a human trafficking victim;
(R) the activities undertaken by the Department of Justice and the Department of Health and Human Services to meet the specific needs of minor victims of domestic trafficking, including actions taken pursuant to subsection (f) and section 20702(a) 3 of title 34, and the steps taken to increase cooperation among Federal agencies to ensure the effective and efficient use of programs for which the victims are eligible;
(S) tactics and strategies employed by human trafficking task forces sponsored by the Department of Justice to reduce demand for trafficking victims;
(T) the efforts of the United States to eliminate money laundering related to human trafficking and the number of investigations, arrests, indictments, and convictions in money laundering cases with a nexus to human trafficking;
(U) with respect to applications described in subparagraph (B), (C), (D), or (F), when available, if the application was denied, the reason for the denial and the length of time it took for the denial to be issued; and
(V) disaggregated data regarding—
(i) the number of victims trafficked by third parties and by family members;
(ii) victims trafficked by victim age; and
(iii) victims trafficked by the type of trafficking.
(e) Office To Monitor and Combat Trafficking
(1) In general
(2) United States assistanceThe Director shall be responsible for—
(A) all policy, funding, and programming decisions regarding funds made available for trafficking in persons programs that are centrally controlled by the Office to Monitor and Combat Trafficking; and
(B) coordinating any trafficking in persons programs of the Department of State or the United States Agency for International Development that are not centrally controlled by the Director.
(f) Regional strategies for combating trafficking in persons
(g) Senior Policy Operating Group
(1) Establishment
(2) Membership; related matters
(A) In general
(B) Chairperson
(C) Meetings
(3) Duties
(4) Availability of information
(5) Regulations
(Pub. L. 106–386, div. A, § 105, Oct. 28, 2000, 114 Stat. 1473; Pub. L. 108–193, § 6(a)(1), (b)(1), (c)(1), Dec. 19, 2003, 117 Stat. 2880, 2881; Pub. L. 109–164, title I, § 104(a), title II, § 205, Jan. 10, 2006, 119 Stat. 3564, 3571; Pub. L. 110–457, title I, §§ 101, 102, title II, § 231, title III, § 304(a), Dec. 23, 2008, 122 Stat. 5045, 5072, 5087; Pub. L. 112–239, div. A, title XVII, § 1707, Jan. 2, 2013, 126 Stat. 2098; Pub. L. 113–4, title XII, §§ 1201, 1203(a), 1231, Mar. 7, 2013, 127 Stat. 136, 138, 144; Pub. L. 114–22, title VI, § 602, May 29, 2015, 129 Stat. 259; Pub. L. 115–392, §§ 16, 18(a), Dec. 21, 2018, 132 Stat. 5257, 5258; Pub. L. 115–425, title I, § 121(a), title II, § 201, Jan. 8, 2019, 132 Stat. 5478, 5482; Pub. L. 116–92, div. A, title IX, § 902(85), div. C, title XXXV, § 3562, div. F, title LXXI, § 7154(b), Dec. 20, 2019, 133 Stat. 1553, 2009, 2260; Pub. L. 117–347, title IV, § 404, Jan. 5, 2023, 136 Stat. 6208.)

CITE AS: 22 USC 7103

§ 7103a. Creating, building, and strengthening partnerships against significant trafficking in persons
(a) Declaration of purpose
The purpose of this section is to promote collaboration and cooperation—
(1) between the United States Government and governments listed on the annual Trafficking in Persons Report;
(2) between foreign governments and civil society actors; and
(3) between the United States Government and private sector entities.
(b) Partnerships
The Director of the office established pursuant to section 7103(e)(1) of this title, in coordination and cooperation with other officials at the Department of State, officials at the Department of Labor, and other relevant officials of the United States Government, shall promote, build, and sustain partnerships between the United States Government and private entities, including foundations, universities, corporations, community-based organizations, and other nongovernmental organizations, to ensure that—
(1) United States citizens do not use any item, product, or material produced or extracted with the use and labor from victims of severe forms of trafficking; and
(2) such entities do not contribute to trafficking in persons involving sexual exploitation.
(c) Program to address emergency situations
(d) Child protection compacts
(1) In general
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Labor, and the heads of other relevant agencies, is authorized to provide assistance under this section for each country that enters into a child protection compact with the United States to support policies and programs that—
(A) prevent and respond to violence, exploitation, and abuse against children; and
(B) measurably reduce the trafficking of minors by building sustainable and effective systems of justice, prevention, and protection.
(2) Elements
A child protection compact under this subsection shall establish a multi-year plan for achieving shared objectives in furtherance of the purposes of this chapter. The compact should take into account, if applicable, the national child protection strategies and national action plans for human trafficking of a country, and shall describe—
(A) the specific objectives the foreign government and the United States Government expect to achieve during the term of the compact;
(B) the responsibilities of the foreign government and the United States Government in the achievement of such objectives;
(C) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative by both countries;
(D) regular outcome indicators to monitor and measure progress toward achieving such objectives;
(E) a multi-year financial plan, including the estimated amount of contributions by the United States Government and the foreign government, and proposed mechanisms to implement the plan and provide oversight;
(F) how a country strategy will be developed to sustain progress made toward achieving such objectives after expiration of the compact; and
(G) how child protection data will be collected, tracked, and managed to provide strengthened case management and policy planning.
(3) Form of assistance
(4) Eligible countries
The Secretary of State, in consultation with the agencies set forth in paragraph (1) and relevant officers of the Department of Justice, shall select countries with which to enter into child protection compacts. The selection of countries under this paragraph shall be based on—
(A) the selection criteria set forth in paragraph (5); and
(B) objective, documented, and quantifiable indicators, to the maximum extent possible.
(5) Selection criteria
A country shall be selected under paragraph (4) on the basis of criteria developed by the Secretary of State in consultation with the Administrator of the United States Agency for International Development and the Secretary of Labor. Such criteria shall include—
(A) a documented high prevalence of trafficking in persons within the country; and
(B) demonstrated political motivation and sustained commitment by the government of such country to undertake meaningful measures to address severe forms of trafficking in persons, including prevention, protection of victims, and the enactment and enforcement of anti-trafficking laws against perpetrators.
(6) Suspension and termination of assistance
(A) In general
The Secretary may suspend or terminate assistance provided under this subsection in whole or in part for a country or entity if the Secretary determines that—
(i) the country or entity is engaged in activities that are contrary to the national security interests of the United States;
(ii) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or
(iii) the country or entity has failed to adhere to its responsibilities under the Compact.
(B) Reinstatement
(Pub. L. 106–386, div. A, § 105A, as added Pub. L. 113–4, title XII, § 1202, Mar. 7, 2013, 127 Stat. 136.)

CITE AS: 22 USC 7103a

§ 7103b. Survivors of Human Trafficking Empowerment Act
(a) Short title
(b) Establishment
(c) Membership
(1) Composition
(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
(4) Term; reappointment
(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
1 See References in Text note below.
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
(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.)

CITE AS: 22 USC 7103b

§ 7104. Prevention of trafficking
(a) Economic alternatives to prevent and deter traffickingThe President shall establish and carry out international initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking. Such initiatives may include—
(1) microcredit lending programs, training in business development, skills training, and job counseling;
(2) programs to promote women’s participation in economic decisionmaking;
(3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking;
(4) development of educational curricula regarding the dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries.
(b) Public awareness and information
(1) In general
(2) Grants to assist in the recognition of trafficking
(A) DefinitionsIn this paragraph:
(i) ESEA terms
(ii) High-intensity child sex trafficking area
(iii) Labor trafficking
(iv) School staff
(v) Sex trafficking
(B) In generalThe Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Labor, may award grants to local educational agencies, in partnership with a nonprofit, nongovernmental agency, to establish, expand, and support programs—
(i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and
(ii) to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking.
(C) Program requirementsAmounts awarded under this paragraph shall be used for—
(i) education regarding—(I) avoiding becoming victims of labor trafficking and sex trafficking;(II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking;(III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking;(IV) reporting requirements and procedures in accordance with applicable Federal and State law; and(V) how to carry out activities authorized under subparagraph (A)(ii); and
(ii) a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking.
(D) Priority
(c) Border interdiction
(d) International media
(e) Combating international sex tourism
(1) Development and dissemination of materials
(2) Monitoring of compliance
(3) Feasibility report
(f) Consultation requirement
(g) Termination of certain grants, contracts and cooperative agreementsThe President shall ensure that any grant, contract, or cooperative agreement provided or entered into by a Federal department or agency under which funds are to be provided to a private entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, or take any of the other remedial actions authorized under section 7104b(c) of this title, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in—
(1) severe forms of trafficking in persons;
(2) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect;
(3) the use of forced labor in the performance of the grant, contract, or cooperative agreement; or
(4) acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents.
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless—
(i) exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or
(ii) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action.
(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment.
(D) Charging recruited employees placement or recruitment fees.
(E) Providing or arranging housing that fails to meet the host country housing and safety standards.
(h) Prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance
(i) Additional measures to prevent and deter traffickingThe President shall establish and carry out programs to prevent and deter trafficking in persons, including—
(1) technical assistance and other support to improve the capacity of foreign governments to investigate, identify, and carry out inspections of private entities, including labor recruitment centers, at which trafficking victims may be exploited, particularly exploitation involving forced and child labor;
(2) technical assistance and other support for foreign governments and nongovernmental organizations to provide immigrant populations with information, in the native languages of the major immigrant groups of such populations, regarding the rights of such populations in the foreign country and local in-country nongovernmental organization-operated hotlines;
(3) technical assistance to provide legal frameworks and other programs to foreign governments and nongovernmental organizations to ensure that—
(A) foreign migrant workers are provided the same protection as nationals of the foreign country;
(B) labor recruitment firms are regulated; and
(C) workers providing domestic services in households are provided protection under labor rights laws; and
(4) assistance to foreign governments to register vulnerable populations as citizens or nationals of the country to reduce the ability of traffickers to exploit such populations.
(j) Prevention of child trafficking through child marriageThe Secretary of State shall establish and implement a multi-year, multi-sectoral strategy—
(1) to prevent child marriage;
(2) to promote the empowerment of girls at risk of child marriage in developing countries;
(3) that should address the unique needs, vulnerabilities, and potential of girls younger than 18 years of age in developing countries;
(4) that targets areas in developing countries with high prevalence of child marriage; and
(5) that includes diplomatic and programmatic initiatives.
(k) Agency action to prevent funding of human trafficking
(1) In generalAt the end of each fiscal year, the Secretary of State, the Secretary of Labor, the Administrator of the United States Agency for International Development, and the Director of the Office of Management and Budget shall each submit a report to the Administrator of General Services that includes—
(A) the name and contact information of the individual within the agency’s Office of Legal Counsel or Office of Acquisition Policy who is responsible for overseeing the implementation of—
(i) subsection (g);
(ii) title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.); and
(iii) any regulation in the Federal Acquisition Regulation (48 C.F.R. 1 et seq.) that is related to any subject matter referred to in clause (i) or (ii);
(B) agency action to ensure that contractors are educated on the applicable laws and regulations listed in subparagraph (A);
(C) agency action to ensure that the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for—
(i) ensuring compliance with such laws and regulations;
(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and
(iii) evaluating steps contractors have taken to correct any such violation;
(D)
(i) the number of contracts containing language referring to the laws and regulations listed in subparagraph (A); and
(ii) the number of contracts that did not contain any language referring to such laws and regulations;
(E)
(i) the number of allegations of severe forms of trafficking in persons received; and
(ii) the source type of the allegation (such as contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract);
(F)
(i) the number of such allegations investigated by the agency;
(ii) a summary of any findings from such investigations; and
(iii) any improvements recommended by the agency to prevent such conduct from recurring;
(G)
(i) the number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18; and
(ii) the outcomes of such referrals;
(H) any remedial action taken as a result of such investigation, including whether—
(i) a contractor or subcontractor (at any tier) was debarred or suspended due to a violation of a law or regulation relating to severe forms of trafficking in persons; or
(ii) a contract was terminated pursuant to subsection (g) as a result of such violation;
(I) any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons;
(J) any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons; and
(K) any contract with a contractor or subcontractor (at any tier) located outside the United States and the country location, where safe to reveal location, for each such contractor or subcontractor.
(2) Appropriate congressional committeesIn this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs of the House of Representatives;
(B) the Committee on Armed Services of the House of Representatives;
(C) the Committee on Education and the Workforce of the House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the Committee on Oversight and Government Reform of the House of Representatives;
(F) the Committee on Foreign Relations of the Senate;
(G) the Committee on Armed Services of the Senate;
(H) the Committee on the Judiciary of the Senate; and
(I) the Committee on Health, Education, Labor, and Pensions of the Senate.
(l) Information regarding human trafficking-related visa denials
(1) In general
(2) Decisions regarding allocationThe Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account—
(A) the information described in paragraph (1); and
(B) the information included in the most recent report submitted in accordance with section 7107(b) of this title.
(Pub. L. 106–386, div. A, § 106, Oct. 28, 2000, 114 Stat. 1474; Pub. L. 108–193, § 3, Dec. 19, 2003, 117 Stat. 2875; Pub. L. 109–164, title I, § 101(a), title II, § 201(b), Jan. 10, 2006, 119 Stat. 3560, 3569; Pub. L. 110–457, title I, § 103(a), Dec. 23, 2008, 122 Stat. 5046; Pub. L. 112–239, div. A, title XVII, § 1702, Jan. 2, 2013, 126 Stat. 2093; Pub. L. 113–4, title XII, § 1207(a), Mar. 7, 2013, 127 Stat. 141; Pub. L. 115–425, title I, §§ 101(a), 112, Jan. 8, 2019, 132 Stat. 5473, 5476; Pub. L. 115–427, § 4, Jan. 9, 2019, 132 Stat. 5504; Pub. L. 116–283, div. A, title XII, § 1299R(d)(1), Jan. 1, 2021, 134 Stat. 4027.)

CITE AS: 22 USC 7104

§ 7104a. Compliance plan and certification requirement
(a) Requirement
The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that—
(1) the recipient has implemented a plan to prevent the activities described in section 7104(g) of this title, as amended by section 1702, and is in compliance with that plan;
(2) the recipient has implemented procedures to prevent any activities described in such section 7104(g) of this title and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient engaging in any activities described in such section; and
(3) to the best of the representative’s knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section.
(b) Limitation
(c) Disclosure
(d) Guidance
(Pub. L. 112–239, div. A, title XVII, § 1703, Jan. 2, 2013, 126 Stat. 2094.)

CITE AS: 22 USC 7104a

§ 7104b. Monitoring and investigation of trafficking in persons
(a) Referral and investigation
(1) Referral
(2) Investigation
(3) Criminal investigation
(b) Report
(c) Remedial actions
(1) In general
Upon receipt of an Inspector General’s report substantiating an allegation that the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, engaged in any of the activities described in section 7104(g) of this title, as amended by section 1702, or notification of an indictment, information, or criminal complaint for an offense under subsection (a)(3), the head of agency shall refer the matter to the agency suspension and debarment official and consider taking one or more of the following remedial actions:
(A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement.
(B) Requiring the recipient to terminate a subcontract or subgrant.
(C) Suspending payments under the grant, contract, or cooperative agreement until such time as the recipient of the grant, contract, or cooperative agreement has taken appropriate remedial action.
(D) Withholding award fees, consistent with the award fee plan, for the performance period in which the agency determined the contractor or subcontractor engaged in any of the activities described in such section 7104(g) of this title.
(E) Declining to exercise available options under the contract.
(F) Terminating the contract for default or cause, in accordance with the termination clause for the contract.
(2) Savings clause
(3) Mitigating factor
(4) Aggravating factor
(d) Inclusion of report conclusions in FAPIIS
(1) In general
(2) Omitted
(Pub. L. 112–239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094; Pub. L. 117–211, § 2(a), Oct. 17, 2022, 136 Stat. 2248.)

CITE AS: 22 USC 7104b

§ 7104c. Notification to Inspectors General and cooperation with government
The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement—
(1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible information that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, has engaged in conduct described in section 7104(g) of this title, as amended by section 1702 of this Act; and
(2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons.
(Pub. L. 112–239, div. A, title XVII, § 1705, Jan. 2, 2013, 126 Stat. 2097.)

CITE AS: 22 USC 7104c

§ 7104d. Rules of construction; effective date
(a) Liability
(b) Authority of Department of Justice
(c) Implementation and effective dates
(1) Contracting requirements
(A) Not later than 270 days after January 2, 2013, the Federal Acquisition Regulation shall be amended to carry out the requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title.
(B) The requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title, shall apply to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after January 2, 2013, and to task and delivery orders awarded on or after such date pursuant to contracts entered before, on, or after such date.
(2) Investigative and procedural requirements
(3) Criminal law changes
(Pub. L. 112–239, div. A, title XVII, § 1708, Jan. 2, 2013, 126 Stat. 2098.)

CITE AS: 22 USC 7104d

§ 7104e. Preventing future trafficking in the United States through receipt of complaints abroad
(a) In general
The Secretary of State shall ensure that each diplomatic or consular post or other mission designates an employee to be responsible for receiving information from—
(1) any person who was a victim of a severe form of trafficking in persons (as such term is defined in section 7102(14) 1
1 See References in Text note below.
of this title) while present in the United States; or
(2) any person who has information regarding a victim described in paragraph (1).
(b) Provision of information
(c) Assistance from foreign governments
(Pub. L. 115–425, title I, § 102, Jan. 8, 2019, 132 Stat. 5474.)

CITE AS: 22 USC 7104e

§ 7105. Protection and assistance for victims of trafficking
(a) Assistance for victims in other countries
(1) In generalThe Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to meet the appropriate assistance needs of such persons and their children, as identified by the Task Force, and shall be carried out in a manner which takes into account the cross-border, regional, and transnational aspects of trafficking in persons. In addition, such programs and initiatives shall, to the maximum extent practicable, include the following:
(A) Support for local in-country nongovernmental organization-operated hotlines, culturally and linguistically appropriate protective shelters, and regional and international nongovernmental organization networks and databases on trafficking, including support to assist nongovernmental organizations in establishing service centers and systems that are mobile and extend beyond large cities.
(B) Support for nongovernmental organizations and advocates to provide legal, social, and other services and assistance to trafficked individuals, particularly those individuals in detention, and by facilitating contact between relevant foreign government agencies and such nongovernmental organizations to facilitate cooperation between the foreign governments and such organizations.
(C) Education and training for trafficked women and girls.
(D) The safe integration or reintegration of trafficked individuals into an appropriate community or family, with full respect for the wishes, dignity, and safety of the trafficked individual.
(E) Support for developing or increasing programs to assist families of victims in locating, repatriating, and treating their trafficked family members, in assisting the voluntary repatriation of these family members or their integration or resettlement into appropriate communities, and in providing them with treatment.
(F) In cooperation and coordination with relevant organizations, such as the United Nations High Commissioner for Refugees, the International Organization for Migration, and private nongovernmental organizations that contract with, or receive grants from, the United States Government to assist refugees and internally displaced persons, support for—
(i) increased protections for refugees and internally displaced persons, including outreach and education efforts to prevent such refugees and internally displaced persons from being exploited by traffickers; and
(ii) performance of best interest determinations for unaccompanied and separated children who come to the attention of the United Nations High Commissioner for Refugees, its partner organizations, or any organization that contracts with the Department of State in order to identify child trafficking victims and to assist their safe integration, reintegration, and resettlement.
(2) Additional requirement
(b) Victims in the United States
(1) Assistance
(A) Eligibility for benefits and services
(B) Requirement to expand benefits and services
(i) In general
(ii) National human trafficking hotlineBeginning in fiscal year 2017, and in each fiscal year thereafter, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons. The contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) shall be posted as follows:(I) In a visible place in all Federal buildings.(II) The Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall seek to coordinate with the owners and operators of aircraft, airports, over-the road buses, bus stations, passenger trains, and passenger railroad stations to place the contact information of the national human trafficking hotline in the restrooms of each such aircraft, airport, over the-road bus, bus station, passenger train, and passenger railroad station operating within the United States.(III) The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and in coordination with the heads of such other Federal agencies as may be appropriate, shall place the contact information of the national human trafficking hotline at each port of entry.
(C) Definition of victim of a severe form of trafficking in personsFor the purposes of this paragraph, the term “victim of a severe form of trafficking in persons” means only a person—
(i) who has been subjected to an act or practice described in section 7102(8) of this title as in effect on October 28, 2000; and
(ii)(I) who has not attained 18 years of age; or(II) who is the subject of a certification under subparagraph (E).
(D) Repealed. Pub. L. 108–193, § 6(a)(2), Dec. 19, 2003, 117 Stat. 2880
(E) Certification
(i) In generalSubject to clause (ii), the certification referred to in subparagraph (C) is a certification by the Secretary of Health and Human Services, after consultation with the Secretary of Homeland Security, that the person referred to in subparagraph (C)(ii)(II)—(I) is willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons or is unable to cooperate with such a request due to physical or psychological trauma; and(II)(aa) has made a bona fide application for a visa under section 1101(a)(15)(T) of title 8, as added by subsection (e), that has not been denied; or(bb) is a person whose continued presence in the United States the Secretary of Homeland Security is ensuring in order to effectuate prosecution of traffickers in persons.
(ii) Period of effectiveness
(iii) Investigation and prosecution definedFor the purpose of a certification under this subparagraph, the term “investigation and prosecution” includes—(I) identification of a person or persons who have committed severe forms of trafficking in persons;(II) location and apprehension of such persons;(III) testimony at proceedings against such persons; or(IV) responding to and cooperating with requests for evidence and information.
(iv) Assistance to investigations
(F) No requirement of official certification for United States citizens and lawful permanent residents
(G) Eligibility for interim assistance of children
(i) Determination
(ii) Notification
(iii) Duration
(iv) Long-term assistance for children(I) Eligibility determination(II) Consultation(III) Letter of eligibility
(H) Notification of children for interim assistance
(2) Grants
(A) In generalSubject to the availability of appropriations, the Attorney General may make grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victims’ service organizations to develop, expand, or strengthen victim service programs for victims of human trafficking, including programs that provide trauma-informed care or housing options to such victims who are—
(i)(I) between 12 and 24 years of age; and(II) homeless, in foster care, or involved in the criminal justice system;
(ii) transitioning out of the foster care system; or
(iii) women or girls in underserved populations.
(B) Allocation of grant fundsOf amounts made available for grants under this paragraph, there shall be set aside—
(i) three percent for research, evaluation, and statistics;
(ii) 5 percent for training and technical assistance, including increasing capacity and expertise on security for and protection of service providers from intimidation or retaliation for their activities; and
(iii) one percent for management and administration.
(C) Limitation on Federal share
(D) PriorityIn selecting recipients of grants under this paragraph that are only available for law enforcement operations or task forces, the Attorney General may give priority to any applicant that files an attestation with the Attorney General stating that—
(i) the grant funds awarded under this paragraph—(I) will be used to assist in the prevention of severe forms of trafficking in persons;(II) will be used to strengthen efforts to investigate and prosecute those who knowingly benefit financially from participation in a venture that has engaged in any act of human trafficking;(III) will be used to take affirmative measures to avoid arresting, charging, or prosecuting victims of human trafficking for any offense that is the direct result of their victimization; and(IV) will not be used to require a victim of human trafficking to collaborate with law enforcement officers as a condition of access to any shelter or restorative services; and
(ii) the applicant will provide dedicated resources for anti-human trafficking law enforcement officers for a period that is longer than the duration of the grant received under this paragraph.
(c) Trafficking victim regulationsNot later than 180 days after October 28, 2000, the Attorney General, the Secretary of Homeland Security and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following:
(1) Protections while in custodyVictims of severe forms of trafficking, while in the custody of the Federal Government and to the extent practicable, shall—
(A) not be detained in facilities inappropriate to their status as crime victims;
(B) receive necessary medical care and other assistance; and
(C) be provided protection if a victim’s safety is at risk or if there is danger of additional harm by recapture of the victim by a trafficker, including—
(i) taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals and reprisals from traffickers and their associates; and
(ii) ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.
(2) Access to information
(3) Authority to permit continued presence in the United States
(A) Trafficking victims
(i) In general
(ii) Safety
(iii) Continuation of presence
(iv) Exception
(B) Parole for relatives
(C) State and local law enforcementThe Secretary of Homeland Security, in consultation with the Attorney General, shall—
(i) develop materials to assist State and local law enforcement officials in working with Federal law enforcement to obtain continued presence for victims of a severe form of trafficking in cases investigated or prosecuted at the State or local level; and
(ii) distribute the materials developed under clause (i) to State and local law enforcement officials.
(4) Training of Government personnel
(A) In general
(B) Training componentsTraining under this paragraph shall include—
(i) a distance learning course on trafficking-in-persons issues and the Department of State’s obligations under this Act, which shall be designed for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors;
(ii) specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts;
(iii) at least annual reminders to all personnel referred to in clauses (i) and (ii), including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Department of State located outside the United States of—(I) key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post is located; and(II) appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons; and
(iv) a discussion clarifying that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense.
(d) Construction
(e) Protection from removal for certain crime victims
(1)–(4) Omitted
(5) Statutory construction
(f)3
3 So in original. Two subsecs. (f) have been enacted.
Assistance for United States citizens and lawful permanent residents
(1) In general
(2) Use of existing programsIn addition to specialized services required for victims described in paragraph (1), the program established pursuant to paragraph (1) shall—
(A) facilitate communication and coordination between the providers of assistance to such victims;
(B) provide a means to identify such providers; and
(C) provide a means to make referrals to programs for which such victims are already eligible, including programs administered by the Department of Justice and the Department of Health and Human Services.
(3) Grants
(A) In general
(B) Maximum Federal share
(f)3 Omitted
(g) Annual reports
(Pub. L. 106–386, div. A, § 107, Oct. 28, 2000, 114 Stat. 1474; Pub. L. 107–228, div. A, title VI, § 682(a), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 108–193, §§ 4(a)(1)–(3), 6(a)(2), 8(b)(2), Dec. 19, 2003, 117 Stat. 2877, 2880, 2887; Pub. L. 109–162, title VIII, § 804, Jan. 5, 2006, 119 Stat. 3055; Pub. L. 109–164, title I, § 102(a), Jan. 10, 2006, 119 Stat. 3560; Pub. L. 109–164, title II, § 213(c), formerly Pub. L. 115–393, title V, § 501(c), Dec. 21, 2018, 132 Stat. 5276, renumbered § 213(c) of Pub. L. 109–164 by Pub. L. 117–347, title I, § 106(b)(3), Jan. 5, 2023, 136 Stat. 6205; Pub. L. 110–457, title I, § 104, title II, §§ 205(a)(1), 212, 213(a)(1), (3), Dec. 23, 2008, 122 Stat. 5046, 5060, 5063, 5064, 5066; Pub. L. 113–4, title XII, §§ 1203(b), 1234, Mar. 7, 2013, 127 Stat. 139, 146; Pub. L. 114–22, title I, § 102, title II, §§ 224, 231, title VI, § 603, May 29, 2015, 129 Stat. 230, 250, 259; Pub. L. 114–271, § 1(a), (b), Dec. 14, 2016, 130 Stat. 1398; Pub. L. 115–392, § 18(b), Dec. 21, 2018, 132 Stat. 5258; Pub. L. 115–393, title III, § 302, Dec. 21, 2018, 132 Stat. 5272; Pub. L. 115–425, title I, § 103, Jan. 8, 2019, 132 Stat. 5475; Pub. L. 117–301, § 2, Dec. 27, 2022, 136 Stat. 4382; Pub. L. 117–347, title I, § 101(b), Jan. 5, 2023, 136 Stat. 6200; Pub. L. 118–42, div. C, title V, § 545, Mar. 9, 2024, 138 Stat. 178.)

CITE AS: 22 USC 7105

§ 7105a. Increasing effectiveness of anti-trafficking programs
(a) Awarding of grants, cooperative agreements, and contracts
In administering funds made available to carry out this Act within and outside the United States—
(1) solicitations of grants, cooperative agreements, and contracts for such programs shall be made publicly available;
(2) grants, cooperative agreements, and contracts shall be subject to full and open competition, in accordance with applicable laws; and
(3) the internal department or agency review process for such grants, cooperative agreements, and contracts shall not be subject to ad hoc or intermittent review or influence by individuals or organizations outside the United States Government except as provided under paragraphs (1) and (2).
(b) Eligibility
(1) In general
(2) Disclosure
(c) Evaluation of anti-trafficking programs
(1) In general
(2) Requirements
In carrying out paragraph (1), the President shall—
(A) establish performance goals for the assistance described in paragraph (1), expressed in an objective and quantifiable form, to the extent practicable;
(B) ensure that performance indicators are used for programs authorized under this Act to measure and assess the achievement of the performance goals described in subparagraph (A);
(C) provide a basis for recommendations for adjustments to the assistance described in paragraph (1) to enhance the impact of such assistance; and
(D) ensure that evaluations are conducted by subject matter experts in and outside the United States Government, to the extent practicable.
(d) Targeted use of anti-trafficking programs
(e) Consistency with other programs
(f) Authorization of appropriations
For each of the fiscal years 2008 through 2011, not more than 5 percent of the amounts made available to carry out this chapter may be used to carry out this section, including—
(1) evaluations of promising anti-trafficking programs and projects funded by the disbursing agency pursuant to this Act; and
(2) evaluations of emerging problems or global trends.
(Pub. L. 106–386, div. A, § 107A, as added Pub. L. 110–457, title I, § 105, Dec. 23, 2008, 122 Stat. 5047.)

CITE AS: 22 USC 7105a

§ 7105b. Improving domestic victim screening procedures
(a) Victim screening tools
(b) Use of screening procedures
(Pub. L. 106–386, div. A, § 107B, as added Pub. L. 115–393, title III, § 303(a), Dec. 21, 2018, 132 Stat. 5273.)

CITE AS: 22 USC 7105b

§ 7106. Minimum standards for the elimination of trafficking
(a) Minimum standardsFor purposes of this chapter, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for victims of severe forms of trafficking are the following:
(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.
(b) CriteriaIn determinations under subsection (a)(4), the following factors should be considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in persons, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons. After reasonable requests from the Department of State for data regarding investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted or sentenced such acts.
(2) Whether the government of the country protects victims of severe forms of trafficking in persons and encourages their assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts as a direct result of being trafficked, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims.
(3) Whether the government of the country has adopted measures to prevent severe forms of trafficking in persons, such as measures to inform and educate the public, including potential victims, about the causes and consequences of severe forms of trafficking in persons, measures to establish the identity of local populations, including birth registration, citizenship, and nationality, measures to ensure that its nationals who are deployed abroad as part of a diplomatic, peacekeeping, or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, a transparent system for remediating or punishing such public officials as a deterrent, measures to prevent the use of forced labor or child labor in violation of international standards, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting.
(4) Whether the government of the country cooperates with other governments in the investigation and prosecution of severe forms of trafficking in persons and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries.
(5) Whether the government of the country extradites persons charged with acts of severe forms of trafficking in persons on substantially the same terms and to substantially the same extent as persons charged with other serious crimes (or, to the extent such extradition would be inconsistent with the laws of such country or with international agreements to which the country is a party, whether the government is taking all appropriate measures to modify or replace such laws and treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration and emigration patterns for evidence of severe forms of trafficking in persons and whether law enforcement agencies of the country respond to any such evidence in a manner that is consistent with the vigorous investigation and prosecution of acts of such trafficking, as well as with the protection of human rights of victims and the internationally recognized human right to leave any country, including one’s own, and to return to one’s own country.
(7) Whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials, including diplomats and soldiers, who participate in or facilitate severe forms of trafficking in persons, including nationals of the country who are deployed abroad as part of a diplomatic, peacekeeping, or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and takes all appropriate measures against officials who condone or enable such trafficking. A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria. After reasonable requests from the Department of State for data regarding such investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted, or sentenced such acts.
(8) Whether the percentage of victims of severe forms of trafficking in the country that are non-citizens of such countries is insignificant.
(9) Whether the government has entered into effective, transparent partnerships, cooperative arrangements, or agreements that have resulted in concrete and measurable outcomes with—
(A) domestic civil society organizations, private sector entities, or international nongovernmental organizations, or into multilateral or regional arrangements or agreements, to assist the government’s efforts to prevent trafficking, protect victims, and punish traffickers; or
(B) the United States toward agreed goals and objectives in the collective fight against trafficking.
(10) Whether the government of the country, consistent with the capacity of such government, systematically monitors its efforts to satisfy the criteria described in paragraphs (1) through (8) and makes available publicly a periodic assessment of such efforts.
(11) Whether the government of the country achieves appreciable progress in eliminating severe forms of trafficking when compared to the assessment in the previous year.
(12) Whether the government of the country has made serious and sustained efforts to reduce the demand for—
(A) commercial sex acts; and
(B) participation in international sex tourism by nationals of the country.
(Pub. L. 106–386, div. A, § 108, Oct. 28, 2000, 114 Stat. 1480; Pub. L. 108–193, § 6(d), Dec. 19, 2003, 117 Stat. 2881; Pub. L. 109–164, title I, § 104(b)(1), Jan. 10, 2006, 119 Stat. 3564; Pub. L. 110–457, title I, § 106, Dec. 23, 2008, 122 Stat. 5048; Pub. L. 113–4, title XII, § 1204, Mar. 7, 2013, 127 Stat. 139; Pub. L. 115–425, title II, § 202, Jan. 8, 2019, 132 Stat. 5482; Pub. L. 115–427, § 5, Jan. 9, 2019, 132 Stat. 5505.)

CITE AS: 22 USC 7106

§ 7107. Actions against governments failing to meet minimum standards
(a) Statement of policyIt is the policy of the United States not to provide nonhumanitarian, nontrade-related foreign assistance to any government that—
(1) does not comply with minimum standards for the elimination of trafficking; and
(2) is not making significant efforts to bring itself into compliance with such standards.
(b) Reports to Congress
(1) Annual reportNot later than June 30 of each year, the Secretary of State shall submit to the appropriate congressional committees a report describing the anti-trafficking efforts of the United States and foreign governments according to the minimum standards and criteria enumerated in section 7106 of this title, and the nature and scope of trafficking in persons in each country and analysis of the trend lines for individual governmental efforts. The report shall, to the extent concurrent reporting data is available, cover efforts and activities taking place during the period between April 1 of the year preceding the report and March 31 of the year in which the report is made, and should include—
(A) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments fully comply with such standards based only on concrete actions taken by the country that are recorded during the reporting period;
(B) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not yet fully comply with such standards but are making significant efforts to bring themselves into compliance based only on concrete actions taken by the country (excluding any commitments by the country to take additional future steps during the next year) that are recorded during the reporting period;
(C) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not fully comply with such standards and are not making significant efforts to bring themselves into compliance;
(D) information on the measures taken by the United Nations, the Organization for Security and Cooperation in Europe, the North Atlantic Treaty Organization and, as appropriate, other multilateral organizations in which the United States participates, to prevent the involvement of the organization’s employees, contractor personnel, and peacekeeping forces in trafficking in persons or the exploitation of victims of trafficking;
(E) reporting and analysis on the emergence or shifting of global patterns in human trafficking, including data on the number of victims trafficked to, through, or from major source and destination countries, disaggregated by nationality, gender, and age, to the extent possible;
(F) emerging issues in human trafficking;
(G) a section entitled “Promising Practices in the Eradication of Trafficking in Persons” to highlight effective practices and use of innovation and technology in prevention, protection, prosecution, and partnerships, including by foreign governments, the private sector, and domestic civil society actors; and
(H) for each country included in a different list than the country had been placed in the previous annual report, a detailed explanation of how the concrete actions (or lack of such actions) undertaken (or not undertaken) by the country during the previous reporting period contributed to such change, including a clear linkage between such actions and the minimum standards enumerated in section 7106 of this title.
(2) Special watch list
(A) Submission of listNot later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines requires special scrutiny during the following year. The list shall be composed of the following countries:
(i) Countries that have been listed pursuant to paragraph (1)(A) in the current annual report and were listed pursuant to paragraph (1)(B) in the previous annual report.
(ii) Countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report and were listed pursuant to paragraph (1)(C) in the previous annual report.
(iii) Countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report, where—(I) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or(II) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.
(B) Interim assessment
(C) Relation of special watch list to annual trafficking in persons report
(D) Countries on special watch list for 2 consecutive years
(i) In general
(ii) Exercise of waiver authorityThe President may waive the application of clause (i) for up to 1 year if the President determines, and reports credible evidence to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, that such a waiver is justified because—(I) the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking;(II) the plan, if implemented, would constitute making such significant efforts; and(III) the country is devoting sufficient resources to implement the plan.
(E) Congressional noticeNot later than 30 days after notifying Congress of each country determined to have met the requirements under subclauses (I) through (III) of subparagraph (D)(ii), the Secretary of State shall—
(i) provide a detailed description of the credible information supporting such determination on a publicly available website maintained by the Department of State; and
(ii) offer to brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on any written plan submitted by the country under subparagraph (D)(ii)(I), with an opportunity to review the written plan.
(F) Special rule for certain countries on special watch list that are downgraded and reinstated on special watch listNotwithstanding subparagraphs (D) and (E), a country may not be included on the special watch list described in subparagraph (A)(iii) for more than 1 consecutive year after the country—
(i) was included on the special watch list described in subparagraph (A)(iii) for—(I) 2 consecutive years after December 23, 2008; and(II) any additional years after such date of enactment as a result of the President exercising the waiver authority under subparagraph (D)(ii); and
(ii) was subsequently included on the list of countries described in paragraph (1)(C).
(3) Significant efforts
(A) In generalIn determinations under paragraph (1) or (2) as to whether the government of a country is making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider—
(i) the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking;
(ii) the extent of noncompliance with the minimum standards by the government and, particularly, the extent to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise complicit in severe forms of trafficking;
(iii) what measures are reasonable to bring the government into compliance with the minimum standards in light of the resources and capabilities of the government.
(B) Proof of failure to make significant effortsIn addition to the considerations described in clauses (i), (ii), and (iii) of subparagraph (A), in determinations under paragraph (1)(C) as to whether the government of a country is not making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider, as proof of failure to make significant efforts, a government policy or pattern of—
(i) trafficking;
(ii) trafficking in government-funded programs;
(iii) forced labor (in government-affiliated medical services, agriculture, forestry, mining, construction, or other sectors);
(iv) sexual slavery in government camps, compounds, or outposts; or
(v) employing or recruiting child soldiers.
(D)1
1 So in original. No subpar. (C) has been enacted.
the extent to which the government of the country is devoting sufficient budgetary resources—
(i) to investigate and prosecute acts of severe trafficking in persons;
(ii) to convict and sentence persons responsible for such acts; and
(iii) to obtain restitution for victims of human trafficking;
(E) the extent to which the government of the country is devoting sufficient budgetary resources—
(i) to protect and support victims of trafficking in persons; and
(ii) to prevent severe forms of trafficking in persons; and
(F) the extent to which the government of the country has consulted with domestic and international civil society organizations that resulted in concrete actions to improve the provision of services to victims of trafficking in persons.
(4) Action plans for countries upgraded to tier 2 watchlist
(A) In generalNot later than 180 days after the release of the annual Trafficking in Persons Report, the Secretary of State, acting through the Ambassador-at-Large of the Office to Monitor and Combat Trafficking and the Assistant Secretary of the appropriate regional bureau, in consultation with appropriate officials from the government of each country described in paragraph (2)(A)(ii), and with the assistance of the United States Ambassador or Charge d’Affaires in each country, shall—
(i) prepare an action plan for each country upgraded from Tier 3 to Tier 2 Watchlist to further improve such country’s tier ranking under this subsection; and
(ii) present the relevant action plan to the government of each such country.
(B) ContentsEach action plan prepared under this paragraph—
(i) shall include specific concrete actions to be taken by the country to substantively address deficiencies preventing the country from meeting Tier 2 standards, based on credible information; and
(ii) should be focused on short-term and multi-year goals.
(C) Briefings
(D) Savings provisionNothing in this paragraph may be construed as modifying—
(i) minimum standards for the elimination of trafficking under section 7106 of this title; or
(ii) the actions against governments failing to meet minimum standards under this section or the criteria for placement on the Special Watch List under paragraph (2).
(c) NotificationNot less than 45 days or more than 90 days after the submission, on or after January 1, 2003, of an annual report under subsection (b)(1), or an interim report under subsection (b)(2), the President shall submit to the appropriate congressional committees a notification of one of the determinations listed in subsection (d) with respect to each foreign country whose government, according to such report—
(A) does not comply with the minimum standards for the elimination of trafficking; and
(B) is not making significant efforts to bring itself into compliance, as described in subsection (b)(1)(C).
(d) Presidential determinationsThe determinations referred to in subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related assistanceThe President has determined that—
(A)
(i) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the government of the country for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; or
(ii) in the case of a country whose government received no nonhumanitarian, nontrade-related foreign assistance from the United States during the previous fiscal year, the United States will not provide such assistance to the government of the country for the subsequent fiscal year and will not provide funding for participation by officials or employees of such governments in educational and cultural exchange programs for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and
(B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance which directly addresses basic human needs, is not administered by the government of the sanctioned country, and confers no benefit to that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance.
(2) Ongoing, multiple, broad-based restrictions on assistance in response to human rights violations
(3) Subsequent compliance
(4) Continuation of assistance in the national interest
(5) Exercise of waiver authority
(A) In generalThe President may exercise the authority under paragraph (4) with respect to—
(i) all nonhumanitarian, nontrade-related foreign assistance or funding for participation in educational and cultural exchange programs to a country;
(ii) all multilateral assistance described in paragraph (1)(B) to a country; or
(iii) one or more programs, projects, or activities of such assistance.
(B) Avoidance of significant adverse effects
(6) Definition of multilateral development bank
(e) Certification
(f) Subsequent waiver authority
(Pub. L. 106–386, div. A, § 110, Oct. 28, 2000, 114 Stat. 1482; Pub. L. 108–193, § 6(e), (h), (i), Dec. 19, 2003, 117 Stat. 2882, 2884; Pub. L. 109–164, title I, § 104(e)(1), Jan. 10, 2006, 119 Stat. 3565; Pub. L. 110–457, title I, §§ 107(a), (b), 108(b), Dec. 23, 2008,

CITE AS: 22 USC 7107

§ 7108. Actions against significant traffickers in persons
(a) Authority to sanction significant traffickers in persons
(1) In general
The President may exercise the authorities set forth in section 1702 of title 50 without regard to section 1701 of title 50, or section 10102 of this title, in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States.
(B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A).
(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.
(2) Penalties
(b) Report to Congress on identification and sanctioning of significant traffickers in persons
(1) In general
Upon exercising the authority of subsection (a), the President shall report to the appropriate congressional committees—
(A) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this section and the basis for such determination; and
(B) detailing publicly the sanctions imposed pursuant to this section.
(2) Removal of sanctions
(3) Submission of classified information
(c) Law enforcement and intelligence activities not affected
(d) Omitted
(e) Implementation
(1) Delegation of authority
(2) Promulgation of rules and regulations
(3) Opportunity for review
(f) Definition of foreign persons
(g) Construction
(Pub. L. 106–386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484; Pub. L. 115–425, title I, § 124, Jan. 8, 2019, 132 Stat. 5479.)

CITE AS: 22 USC 7108

§ 7109. Strengthening prosecution and punishment of traffickers
(a) Omitted
(b) Amendment to the Sentencing Guidelines
(1) Pursuant to its authority under section 994 of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [29 U.S.C. 201 et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [29 U.S.C. 1801 et seq.].
(2) In carrying out this subsection, the Sentencing Commission shall—
(A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that—
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant violations;
(iii) involve the use or threatened use of a dangerous weapon; or
(iv) result in the death or bodily injury of any person.
(3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.
(Pub. L. 106–386, div. A, § 112, Oct. 28, 2000, 114 Stat. 1486.)

CITE AS: 22 USC 7109

§ 7109a. Research on domestic and international trafficking in persons
(a) In general
The President, acting through the Council of Economic Advisors, the National Research Council of the National Academies, the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, the Secretary of State, the Administrator of the United States Agency for International Development, and the Director of National Intelligence, shall carry out research, including by providing grants to nongovernmental organizations, as well as relevant United States Government agencies and international organizations, which furthers the purposes of this chapter and provides data to address the problems identified in the findings of this chapter. Such research initiatives shall, to the maximum extent practicable, include, but not be limited to, the following:
(1) The economic causes and consequences of trafficking in persons.
(2) The effectiveness of programs and initiatives funded or administered by Federal agencies to prevent trafficking in persons and to protect and assist victims of trafficking.
(3) The interrelationship between trafficking in persons and global health risks, particularly HIV/AIDS.
(4) Subject to subsection (b), the interrelationship between trafficking in persons and terrorism, including the use of profits from trafficking in persons to finance terrorism.
(5) An effective mechanism for quantifying the number of victims of trafficking on a national, regional, and international basis, which shall include, not later than 2 years after December 23, 2008, the establishment and maintenance of an integrated database within the Human Smuggling and Trafficking Center.
(6) The abduction and enslavement of children for use as soldiers, including steps taken to eliminate the abduction and enslavement of children for use as soldiers and recommendations for such further steps as may be necessary to rapidly end the abduction and enslavement of children for use as soldiers.
(b) Role of Human Smuggling and Trafficking Center
(1) In general
(2) Database
The database described in subsection (a)(5) shall be established by combining all applicable data collected by each Federal department and agency represented on the Interagency Task Force to Monitor and Combat Trafficking, consistent with the protection of sources and methods, and, to the maximum extent practicable, applicable data from relevant international organizations, to—
(A) improve the coordination of the collection of data related to trafficking in persons by each agency of the United States Government that collects such data;
(B) promote uniformity of such data collection and standards and systems related to such collection;
(C) undertake a meta-analysis of patterns of trafficking in persons, slavery, and slave-like conditions to develop and analyze global trends in human trafficking;
(D) identify emerging issues in human trafficking and establishing integrated methods to combat them; and
(E) identify research priorities to respond to global patterns and emerging issues.
(3) Consultation
(4) Authorization of appropriations
(c) Definitions
In this section:
(1) AIDS
(2) HIV
(3) HIV/AIDS
(Pub. L. 106–386, div. A, § 112A, as added Pub. L. 108–193, § 6(g)(1), Dec. 19, 2003, 117 Stat. 2883; amended Pub. L. 109–164, title I, § 104(c)(1), Jan. 10, 2006, 119 Stat. 3564; Pub. L. 110–457, title I, § 108(a), Dec. 23, 2008, 122 Stat. 5050; Pub. L. 113–4, title XII, § 1251(1), Mar. 7, 2013, 127 Stat. 155; Pub. L. 115–393, title III, § 301(a)(1), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 117–347, title I, § 105(d)(1), Jan. 5, 2023, 136 Stat. 6204.)

CITE AS: 22 USC 7109a

§ 7109b. Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons
(a) Establishment of award
The President is authorized to establish an award, to be known as the “Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons”, for extraordinary efforts to combat trafficking in persons. To the maximum extent practicable, the Secretary of State shall present the award annually to not more than 5 individuals or organizations, including—
(1) individuals who are United States citizens or foreign nationals; and
(2) United States or foreign nongovernmental organizations.
(b) Selection
(c) Ceremony
(d) Authorization of appropriations
(Pub. L. 106–386, div. A, § 112B, as added Pub. L. 110–457, title I, § 109, Dec. 23, 2008, 122 Stat. 5051; amended

CITE AS: 22 USC 7109b

§ 7110. Authorizations of appropriations
(a) Authorization of appropriations in support of the task force
(b) Authorization of appropriations to the Secretary of Health and Human Services
(1) Eligibility for benefits and assistance
(2) Additional benefits for trafficking victims
(3) Grants for State improvements
(c) Authorization of appropriations to the Secretary of State
(1) Assistance to combat trafficking
There are authorized to be appropriated to the Department of State, for each of the fiscal years 2018 through 2021, $65,000,000, which shall be used—
(A) to carry out sections 7104 and 7105(a) of this title;
(B) to carry out section 2152d of this title;
(C) to assist countries in meeting the minimum standards described in section 7106 of this title; and
(D) for programs and activities on prevention, protection, and prosecution to combat all forms of trafficking in persons internationally, including training activities for law enforcement officers, prosecutors, and members of the judiciary with respect to trafficking in persons at the International Law Enforcement Academies.
(2) Preparation of annual country reports on human rights
(d) Authorization of appropriations to Attorney General
(1) Eligibility for benefits and assistance
(2) Assistance to foreign countries
(3) Additional benefits for trafficking victims
(e) Authorization of appropriations to President
(1) Foreign victim assistance
(2) Assistance to foreign countries to meet minimum standards
(3) Research
(f) Authorization of appropriations to the Secretary of Labor
(g) Limitation on use of funds
(1) Restriction on programs
(2) Restriction on organizations
(h) Authorization of appropriations to Director of the FBI
(i) Authorization of appropriations to the Secretary of Homeland Security
(Pub. L. 106–386, div. A, § 113, Oct. 28, 2000, 114 Stat. 1490; Pub. L. 107–228, div. A, title VI, § 682(b), Sept. 30, 2002, 116 Stat. 1410; Pub. L. 108–193, § 7, Dec. 19, 2003, 117 Stat. 2884; Pub. L. 109–164, title III, § 301, Jan. 10, 2006, 119 Stat. 3572; Pub. L. 110–457, title II, § 213(a)(2), title III, § 301, Dec. 23, 2008, 122 Stat. 5065, 5085; Pub. L. 113–4, title XII, §§ 1212(b)(2)(A)(ii), 1251(2), Mar. 7, 2013, 127 Stat. 143, 155; Pub. L. 115–392, § 21, Dec. 21, 2018, 132 Stat. 5259; Pub. L. 115–393, title III, § 301(a)(2), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 115–425, title I, § 101(b), title III, § 301, Jan. 8, 2019, 132 Stat. 5474, 5487; Pub. L. 117–347, title I, §§ 104(b), 105(d)(3), Jan. 5, 2023, 136 Stat. 6203, 6204; Pub. L. 117–348, title II, § 201, Jan. 5, 2023, 136 Stat. 6223.)

CITE AS: 22 USC 7110

§ 7111. Report by Secretary of State
At least 15 days prior to voting for a new or reauthorized peacekeeping mission under the auspices of the United Nations, the North Atlantic Treaty Organization, or any other multilateral organization in which the United States participates (or in an emergency, as far in advance as is practicable), the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and any other appropriate congressional committee a report that contains—
(A) a description of measures taken by the organization to prevent the organization’s employees, contractor personnel, and peacekeeping forces serving in the peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation or abuse, and the measures in place to hold accountable any such individuals who engage in any such acts while participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each of the measures referred to in subparagraph (A).
(Pub. L. 109–164, title I, § 104(e)(2), Jan. 10, 2006, 119 Stat. 3566; Pub. L. 110–457, title III, § 304(b), Dec. 23, 2008, 122 Stat. 5087.)

CITE AS: 22 USC 7111

§ 7112. Additional activities to monitor and combat forced labor and child labor
(a) Activities of the Department of State
(1) Finding
(2) Sense of Congress
(3) Information sharing
(b) Activities of the Department of Labor
(1) In general
(2) Additional activities described
The additional activities referred to in paragraph (1) are—
(A) to monitor the use of forced labor and child labor in violation of international standards;
(B) to provide information regarding trafficking in persons for the purpose of forced labor to the Office to Monitor and Combat Trafficking of the Department of State for inclusion in trafficking in persons report required by section 7107(b) of this title;
(C) to develop and make available to the public a list of goods from countries that the Bureau of International Labor Affairs has reason to believe are produced by forced labor or child labor in violation of international standards, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor;
(D) to work with persons who are involved in the production of goods on the list described in subparagraph (C) to create a standard set of practices that will reduce the likelihood that such persons will produce goods using the labor described in such subparagraph; and
(E) to consult with other departments and agencies of the United States Government to reduce forced and child labor internationally and ensure that products made by forced labor and child labor in violation of international standards are not imported into the United States.
(3) Submission to Congress
(Pub. L. 109–164, title I, § 105, Jan. 10, 2006, 119 Stat. 3566; Pub. L. 113–4, title XII, §§ 1232, 1233, Mar. 7, 2013, 127 Stat. 146; Pub. L. 115–425, title I, § 133(a), Jan. 8, 2019, 132 Stat. 5481.)

CITE AS: 22 USC 7112

§ 7113. Accountability
(a) In general
For fiscal year 2013, and each fiscal year thereafter, all grants awarded by the Attorney General under this title or an Act amended by this title shall be subject to the following accountability provisions:
(1) Audit requirement
(A) Definition
(B) Requirement
(C) Mandatory exclusion
(D) Priority
(E) Reimbursement
If an entity is awarded grant funds under this title or an Act amended by this title during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—
(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2) Nonprofit organization requirements
(A) Definition
(B) Prohibition
(C) Disclosure
(3) Conference expenditures
(A)
(B) Written approval
(C) Report
(4) Annual certification
Beginning in the first fiscal year beginning after March 7, 2013, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether—
(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(B) all mandatory exclusions required under paragraph (1)(C) have been issued;
(C) all reimbursements required under paragraph (1)(E) have been made; and
(D) includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(b) Application to additional grants
For purposes of subsection (a), for fiscal year 2018, and each fiscal year thereafter, the term “grant awarded by the Attorney General under this title or an Act amended by this title” includes a grant under any of the following:
(1)Section 20333 of title 34.
(2) The program under section 20709c of title 34.
(Pub. L. 113–4, title XII, § 1236, Mar. 7, 2013, 127 Stat. 147; Pub. L. 115–393, title VI, § 601, Dec. 21, 2018, 132 Stat. 5278.)

CITE AS: 22 USC 7113

§ 7114. Efforts to end modern slavery
(a) Actions by the Secretary of Defense
(1) In general
(2) Elements
The briefing required under paragraph (1) shall address—
(A) resources available for Armed Forces personnel who become aware of instances of human slavery or trafficking in persons while deployed overseas; and
(B) guidance on the requirement to make official reports through the chain of command, the roles and responsibilities of military and civilian officials of the United States Armed Forces and host nations, circumstances in which members of the Armed Forces are authorized to take immediate action to prevent loss of life or serious injury, and the authority to use appropriate force to stop or prevent sexual abuse or exploitation of children.
(b) Grant authorization
(c) Monitoring and evaluation
Any grantee shall—
(1) develop specific and detailed criteria for the monitoring and evaluation of supported projects;
(2) implement a system for measuring progress against baseline data that is rigorously designed based on international corporate and nongovernmental best practices;
(3) ensure that each supported project is regularly and rigorously monitored and evaluated, on a not less than biennial basis, by an independent monitoring and evaluation entity, against the specific and detailed criteria established pursuant to paragraph (1), and that the progress of the project towards its stated goals is measured by such entity against baseline data;
(4) support the development of a scientifically sound, representative survey methodology for measuring prevalence with reference to existing research and experience, and apply the methodology consistently to determine the baseline prevalence in target populations and outcomes in order to periodically assess progress in reducing prevalence; and
(5) establish, and revise on a not less than annual basis, specific and detailed criteria for the suspension and termination, as appropriate, of projects supported by the grantee that regularly or consistently fail to meet the criteria required by this section.
(d) Auditing
(1) In general
(2) Comptroller General audit authority
(A) In general
(B) Access to records
(e) Annual report
(f) Rule of construction regarding availability of fiscal year 2016 appropriations
(g) Authorization of appropriations; sunset
(1) Authorization of appropriations for fiscal years 2017 through 2020
(2) Sunset
(h) Comptroller General review of existing programs
(1) In general
(2) Consideration of report
(i) Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(Pub. L. 114–328, div. A, title XII, § 1298, Dec. 23, 2016, 130 Stat. 2563.)

CITE AS: 22 USC 7114

§ 7115. Ensuring protection and confidentiality for survivors of human trafficking
(a) Definitions
In this section—
(1) the term “covered grant” means a grant from the Attorney General or the Secretary of Health and Human Services under section 7104(b), 7105(b), or 7105(f) of this title; and
(2) the term “covered recipient” means a grantee or subgrantee receiving funds under a covered grant.
(b) Grant conditions
Covered grants and covered recipients shall be subject, at the election of the Attorney General or the Secretary of Health and Human Services, as applicable, to—
(1) the conditions under section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that apply with respect to grants under such Act and grantees and subgrantees for such grants; or
(2) the conditions under section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) that apply with respect to grants under such Act [42 U.S.C. 10401 et seq.] and grantees and subgrantees for such grants.
(c) Department of Justice-sponsored research
Nothing in this section shall be construed to prohibit a covered recipient from sharing personally identifying information with researchers seeking the information for the purposes of conducting research—
(1) that is funded by the Department of Justice;
(2) for which protections are in place in accordance with the requirements under part 22 of title 28, Code of Federal Regulations, or any successor thereto, and section 10231(a) of title 34; and
(3) for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.
(Pub. L. 106–386, div. A, § 114, as added Pub. L. 117–347, title I, § 103, Jan. 5, 2023, 136 Stat. 6200.)

CITE AS: 22 USC 7115