Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this division”, meaning division A of Puspan. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, known as the Trafficking Victims Protection Act of 2000, which is classified principally to this chapter. For complete classification of division A to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2023 AmendmentPuspan. L. 117–348, § 1, Jan. 5, 2023, 136 Stat. 6211, provided that: “This Act [enacting sections 628c and 1862w of Title 42, The Public Health and Welfare, amending sections 7103span and 7110 of this title, section 20702 of Title 34, Crime Control and Law Enforcement, and sections 623, 671, and 5106g of Title 42, and enacting provisions set out as notes under section 7103span of this title, section 4103 of Title 5, Government Organization and Employees, and section 671 of Title 42] may be cited as the ‘Trafficking Victims Prevention and Protection Reauthorization Act of 2022’.”
Short Title of 2022 AmendmentPuspan. L. 117–301, § 1, Dec. 27, 2022, 136 Stat. 4382, provided that: “This Act [amending section 7105 of this title] may be cited as the ‘Human Trafficking Prevention Act of 2022’.”
Puspan. L. 117–211, § 1, Oct. 17, 2022, 136 Stat. 2248, provided that: “This Act [amending section 7104span of this title] may be cited as the ‘End Human Trafficking in Government Contracts Act of 2022’.”
Short Title of 2019 AmendmentPuspan. L. 116–92, div. F, title LXXI, § 7151, Dec. 20, 2019, 133 Stat. 2257, provided that: “This subtitle [subtitle B (§§ 7151–7155) of title LXXI of div. F of Puspan. L. 116–92, amending section 7103 of this title and section 312 of Title 31, Money and Finance, and enacting provisions set out as a note under section 3305 of Title 12, Banks and Banking] may be cited as the ‘Financial Industry Guidance to Halt Trafficking Act’ or the ‘FIGHT Act’.”
Puspan. L. 115–427, § 1, Jan. 9, 2019, 132 Stat. 5503, provided that: “This Act [amending sections 7102, 7104, 7106, and 7107 of this title and enacting provisions set out as notes under sections 262d and 7107 of this title] may be cited as the ‘Trafficking Victims Protection Reauthorization Act of 2017’.”
Puspan. L. 115–425, § 1, Jan. 8, 2019, 132 Stat. 5472, provided that: “This Act [enacting section 7104e of this title, amending sections 2370c to 2370c–2, 7103, 7104, 7105, 7106 to 7108, 7110, and 7112 of this title, section 1375c of Title 8, Aliens and Nationality, sections 20705, 20709, and 21509 of Title 34, Crime Control and Law Enforcement, and section 40118 of Title 49, Transportation, and enacting provisions set out as notes under sections 2370c and 7107 of this title, section 1201 of Title 41, Public Contracts, and section 40118 of Title 49] may be cited as the ‘Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018’.”
Short Title of 2008 AmendmentPuspan. L. 110–457, § 1(a), Dec. 23, 2008, 122 Stat. 5044, provided that: “This Act [see Tables for classification] may be cited as the ‘William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008’.”
Short Title of 2006 AmendmentPuspan. L. 109–164, § 1(a), Jan. 10, 2006, 119 Stat. 3558, provided that: “This Act [enacting sections 7111 and 7112 of this title, sections 2428, 3271, and 3272 of Title 18, Crimes and Criminal Procedure, and sections 14044 to 14044e of Title 42, The Public Health and Welfare, amending sections 4028, 7103 to 7107, 7109a, and 7110 of this title and sections 1956 and 1961 of Title 18, and enacting provisions set out as notes under this section and sections 7105 and 7106 of this title] may be cited as the ‘Trafficking Victims Protection Reauthorization Act of 2005’.”
Short Title of 2003 AmendmentPuspan. L. 108–193, § 1, Dec. 19, 2003, 117 Stat. 2875, provided that: “This Act [enacting section 7109a of this title and section 1595 of Title 18, Crimes and Criminal Procedure, amending sections 2152d, 7102 to 7107, and 7110 of this title, sections 1101, 1182, 1184, and 1255 of Title 8, Aliens and Nationality, and sections 1591 and 1961 of Title 18, enacting provisions set out as notes under this section and section 7103 of this title, and repealing provisions set out as a note under section 7103 of this title] may be cited as the ‘Trafficking Victims Protection Reauthorization Act of 2003’.”
Short TitlePuspan. L. 106–386, § 1, Oct. 28, 2000, 114 Stat. 1464, provided that: “This Act [see Tables for classification] may be cited as the ‘Victims of Trafficking and Violence Protection Act of 2000’.”
Puspan. L. 106–386, div. A, § 101, Oct. 28, 2000, 114 Stat. 1466, provided that: “This division [enacting this chapter, section 2152d of this title, and sections 1589 to 1594 of Title 18, Crimes and Criminal Procedure, and amending sections 2151n and 2304 of this title, sections 1101, 1182, 1184, and 1255 of Title 8, Aliens and Nationality, and sections 1581, 1583, and 1584 of Title 18] may be cited as the ‘Trafficking Victims Protection Act of 2000’.”
Promoting Effective State EnforcementPuspan. L. 110–457, title II, § 225, Dec. 23, 2008, 122 Stat. 5072, as amended by Puspan. L. 113–4, title XII, § 1243, Mar. 7, 2013, 127 Stat. 154, provided that:“(a)Relationship Among Federal and State Law.—Nothing in this Act [see Short Title of 2008 Amendment note above], the Trafficking Victims Protection Act of 2000 [see Short Title note above], the Trafficking Victims Protection Reauthorization Act of 2003 [see Short Title of 2003 Amendment note above], the Trafficking Victims Protection Reauthorization Act of 2005 [see Short Title of 2006 Amendment note above], chapters 77 and 117 of title 18, United States Code, or any model law issued by the Department of Justice to carry out the purposes of any of the aforementioned statutes—“(1) may be construed to treat prostitution as a valid form of employment under Federal law; or
“(2) shall preempt, supplant, or limit the effect of any State or Federal criminal law.
“(span)Model State Criminal Provisions.—In addition to any model State antitrafficking statutes in effect on the date of the enactment of this Act [Dec. 23, 2008], the Attorney General shall facilitate the promulgation of a model State statute that—“(1) furthers a comprehensive approach to investigation and prosecution through modernization of State and local prostitution and pandering statutes;
“(2) protects children exploited through prostitution by including safe harbor provisions that—“(A) treat an individual under 18 years of age who has been arrested for engaging in, or attempting to engage in, a sexual act with another person in exchange for monetary compensation as a victim of a severe form of trafficking in persons;
“(B) prohibit the charging or prosecution of an individual described in subparagraph (A) for a prostitution offense;
“(C) require the referral of an individual described in subparagraph (A) to appropriate service providers, including comprehensive service or community-based programs that provide assistance to child victims of commercial sexual exploitation; and
“(D) provide that an individual described in subparagraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protections described under this paragraph;
“(3) is based in part on the provisions of the Act of August 15, 1935 (49 Stat. 651; D.C. Code 22–2701 et seq.) (relating to prostitution and pandering).
“(c)Distribution.—The model statute described in subsection (span) and the text of chapter 27 of the Criminal Code of the District of Columbia (D.C. Code 22–2701 et seq.) shall be—“(1) posted on the website of the Department of Justice; and
“(2) distributed to the Attorney General of each State.”
[Amendment by section 1243 of Puspan. L. 113–4, which directed amendment of section 225(span) of the Trafficking Victims Reauthorization Act of 2008, was executed by amending section 225(span) of Puspan. L. 110–457, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, set out above, to reflect the probable intent of Congress.]
Congressional FindingsPuspan. L. 109–164, § 2, Jan. 10, 2006, 119 Stat. 3558, provided that: “Congress finds the following:“(1) The United States has demonstrated international leadership in combating human trafficking and slavery through the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386; 22 U.S.C. 7101 et seq.) and the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108–193) [see Short Title of 2003 Amendment note above]. “(2) The United States Government currently estimates that 600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor and commercial sex exploitation. An estimated 80 percent of such individuals are women and girls.
“(3) Since the enactment of the Trafficking Victims Protection Act of 2000 [Oct. 28, 2000], United States efforts to combat trafficking in persons have focused primarily on the international trafficking in persons, including the trafficking of foreign citizens into the United States.
“(4) Trafficking in persons also occurs within the borders of a country, including the United States.
“(5) No known studies exist that quantify the problem of trafficking in children for the purpose of commercial sexual exploitation in the United States. According to a report issued by researchers at the University of Pennsylvania in 2001, as many as 300,000 children in the United States are at risk for commercial sexual exploitation, including trafficking, at any given time.
“(6) Runaway and homeless children in the United States are highly susceptible to being domestically trafficked for commercial sexual exploitation. According to the National Runaway Switchboard, every day in the United States, between 1,300,000 and 2,800,000 runaway and homeless youth live on the streets. One out of every seven children will run away from home before the age of 18.
“(7) Following armed conflicts and during humanitarian emergencies, indigenous populations face increased security challenges and vulnerabilities which result in myriad forms of violence, including trafficking for sexual and labor exploitation. Foreign policy and foreign aid professionals increasingly recognize the increased activity of human traffickers in post-conflict settings and during humanitarian emergencies.
“(8) There is a need to protect populations in post-conflict settings and humanitarian emergencies from being trafficked for sexual or labor exploitation. The efforts of aid agencies to address the protection needs of, among others, internally displaced persons and refugees are useful in this regard. Nonetheless, there is a need for further integrated programs and strategies at the United States Agency for International Development, the Department of State, and the Department of Defense to combat human trafficking, including through protection and prevention methodologies, in post-conflict environments and during humanitarian emergencies.
“(9) International and human rights organizations have documented a correlation between international deployments of military and civilian peacekeepers and aid workers and a resulting increase in the number of women and girls trafficked into prostitution in post-conflict regions.
“(10) The involvement of employees and contractors of the United States Government and members of the Armed Forces in trafficking in persons, facilitating the trafficking in persons, or exploiting the victims of trafficking in persons is inconsistent with United States laws and policies and undermines the credibility and mission of United States Government programs in post-conflict regions.
“(11) Further measures are needed to ensure that United States Government personnel and contractors are held accountable for involvement with acts of trafficking in persons, including by expanding United States criminal jurisdiction to all United States Government contractors abroad.”
Puspan. L. 108–193, § 2, Dec. 19, 2003, 117 Stat. 2875, provided that: “Congress finds the following:“(1) Trafficking in persons continues to victimize countless men, women, and children in the United States and abroad.
“(2) Since the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386) [see Short Title note above], the United States Government has made significant progress in investigating and prosecuting acts of trafficking and in responding to the needs of victims of trafficking in the United States and abroad.
“(3) On the other hand, victims of trafficking have faced unintended obstacles in the process of securing needed assistance, including admission to the United States under section 101(a)(15)(T)(i) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T)(i)]. “(4) Additional research is needed to fully understand the phenomenon of trafficking in persons and to determine the most effective strategies for combating trafficking in persons.
“(5) Corruption among foreign law enforcement authorities continues to undermine the efforts by governments to investigate, prosecute, and convict traffickers.
“(6) International Law Enforcement Academies should be more fully utilized in the effort to train law enforcement authorities, prosecutors, and members of the judiciary to address trafficking in persons-related crimes.”
