22 USC 7104 - Prevention of trafficking

1 See References in Text note below.

of this title.

Editorial Notes

References in Text

Section 7102(9) of this title, referred to in subsec. (span)(2)(A)(iii), (v), was redesignated section 7102(11) of this title by Puspan. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.

Title XVII of the National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (k)(1)(A)(ii), is title XVII of div. A of Puspan. L. 112–239, Jan. 2, 2013, 126 Stat. 2092. For complete classification of title XVII to the Code, see Tables.

Amendments

2021—Subsec. (l). Puspan. L. 116–283 added subsec. (l).

2019—Subsec. (span). Puspan. L. 115–425, § 101(a), designated existing provisions as par. (1), inserted span, and added par. (2).

Subsec. (g)(1) to (4). Puspan. L. 115–427, § 4(1), redesignated cls. (i) to (iv) as pars. (1) to (4), respectively, and realigned margins.

Subsec. (g)(4)(A). Puspan. L. 115–427, §4(2)(A), redesignated subcl. (I) as subpar. (A) and realigned margins.

Subsec. (g)(4)(B). Puspan. L. 115–427, § 4(2)(A), (B), redesignated subcl. (II) as subpar. (B), realigned margins, and redesignated items (aa) and (bspan) as cls. (i) and (ii), respectively, and realigned margins.

Subsec. (g)(4)(C). Puspan. L. 115–427, § 4(2)(A), redesignated subcl. (III) as subpar. (C) and realigned margins.

Subsec. (g)(4)(D). Puspan. L. 115–427, § 4(2)(A), (C), redesignated subcl. (IV) as subpar. (D), realigned margins, and substituted “placement or recruitment fees.” for “unreasonable placement or recruitment fees, such as fees equal to or greater than the employee’s monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited.”

Subsec. (g)(4)(E). Puspan. L. 115–427, § 4(2)(A), redesignated subcl. (V) as subpar. (E) and realigned margins.

Subsec. (k). Puspan. L. 115–425, § 112, added subsec. (k).

2013—Subsec. (g). Puspan. L. 112–239 substituted “or take any of the other remedial actions authorized under section 7104span(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—” and cls. (i) to (iv) for “without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreement.”

Subsec. (j). Puspan. L. 113–4 added subsec. (j).

2008—Subsec. (i). Puspan. L. 110–457 added subsec. (i).

2006—Subsec. (g). Puspan. L. 109–164, § 201(span), struck out designation and span of par. (1) before “The President shall”, “described in paragraph (2)” after “under which funds”, and span and text of par. (2). Text of par. (2) read as follows: “Funds referred to in paragraph (1) are funds made available to carry out any program, project, or activity abroad funded under major functional budget category 150 (relating to international affairs).”

Subsec. (h). Puspan. L. 109–164, § 101(a), added subsec. (h).

2003—Subsecs. (c) to (f). Puspan. L. 108–193, § 3(a), added subsecs. (c) to (e), redesignated former subsec. (c) as (f), and in subsec. (f) substituted “initiatives and programs described in subsections (a) through (e)” for “initiatives described in subsections (a) and (span)”.

Subsec. (g). Puspan. L. 108–193, § 3(span), added subsec. (g).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 2013 Amendment

Requirements of amendment by Puspan. L. 112–239 applicable to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after Jan. 2, 2013, and to task and delivery orders awarded on or after Jan. 2, 2013, pursuant to contracts entered before, on, or after such date, see section 7104d(c)(1)(B) of this title.

Annual Reports to Congress on Human Trafficking-Related Visa Denials

Puspan. L. 116–283, div. A, title XII, § 1299R(e), (f), Jan. 1, 2021, 134 Stat. 4028, provided that:

“(e)Reports to Congress.—

“(1)Initial report.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of State shall provide to the relevant congressional committees a report that—

“(A) describes the actions that have been taken and that are planned to implement subsection (l) of section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as added by subsection (d)(1); and

“(B) identifies by country and by United States diplomatic or consular post the number of visa applications denied during the previous calendar year with respect to which the basis for such denial, included grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by subsection (d)(2)).

“(2)Annual report.—Beginning with the first annual anti-trafficking report that is required under subsection (span)(1) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) to be submitted after the date of the enactment of this Act, and concurrent with each such subsequent submission for the following 7 years, the Secretary of State shall submit to the relevant congressional committees a report that contains information relating to the number and the locations of United States visa denials based, in whole or in part, on grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by subsection (d)(2)) during the period covered by each such annual anti-trafficking report.

“(f)Definitions.—In this section:

“(1)Location of united states visa denials.—The term ‘location of United States visa denials’ means—

“(A) the United States diplomatic or consular post at which a denied United States visa application was adjudicated; and

“(B) the city or locality of residence of the applicant whose visa application was so denied.

“(2)Relevant congressional committees.—The term ‘relevant congressional committees’ means—

“(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and

“(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.”

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see section 5 of Ex. Ord. No. 13257, Fespan. 13, 2002, 67 F.R. 7259, as amended, set out as a note under section 7103 of this title.