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22 U.S.C. § 7101 — Purposes and findings

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22 U.S.C. § 7101 — Purposes and findings

§ 7101. Purposes and findings (a) Purposes The purposes of this chapter are to combat trafficking in persons, a contemporary mani- festation of slavery whose victims are predomi- nantly women and children, to ensure just and effective punishment of traffickers, and to pro- tect their victims. (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 mani- festation of slavery today. At least 700,000 per- sons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and chil- dren 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 rap- idly expanded over the past several decades. It involves sexual exploitation of persons, pre- dominantly women and girls, involving activi- ties related to prostitution, pornography, sex tourism, and other commercial sexual serv- ices. 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 coun- tries of origin. Traffickers lure women and girls into their networks through false prom- ises

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Page 1887 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7101 ‘‘(D) UNITED STATES CAPITAL MARKETS.—The Com- mission shall evaluate the extent of Chinese access to, and use of United States capital markets, and whether the existing disclosure and transparency rules are adequate to identify Chinese companies which are active in United States markets and are also engaged in proliferation activities or other ac- tivities harmful to United States security interests. ‘‘(E) CORPORATE REPORTING.—The Commission shall assess United States trade and investment relation- ship with China, including the need for corporate re- porting on United States investments in China and incentives that China may be offering to United States corporations to relocate production and R&D to China. ‘‘(F) REGIONAL ECONOMIC AND SECURITY IMPACTS.— The Commission shall assess the extent of China’s ‘hollowing-out’ of Asian manufacturing economies, and the impact on United States economic and secu- rity interests in the region; review the triangular economic and security relationship among the United States, Taipei and Beijing, including Beijing’s mili- tary modernization and force deployments aimed at Taipei, and the adequacy of United States executive branch coordination and consultation with Congress on United States arms sales and defense relationship with Taipei. ‘‘(G) UNITED STATES-CHINA BILATERAL PROGRAMS.— The Commission shall assess science and technology programs to evaluate if the United States is devel- oping an adequate coordinating mechanism with ap- propriate review by the intelligence community with Congress; assess the degree of non-compliance by China and United States-China agreements on prison labor imports and intellectual property rights; evalu- ate United States enforcement policies; and rec- ommend what new measures the United States Gov- ernment might take to strengthen our laws and en- forcement activities and to encourage compliance by the Chinese. ‘‘(H) WORLD TRADE ORGANIZATION COMPLIANCE.—The Commission shall review China’s record of compli- ance to date with its accession agreement to the WTO, and explore what incentives and policy initia- tives should be pursued to promote further compli- ance by China. ‘‘(I) MEDIA CONTROL.—The Commission shall evalu- ate Chinese government efforts to influence and con- trol perceptions of the United States and its policies through the internet, the Chinese print and elec- tronic media, and Chinese internal propaganda.’’ Similar provisions were contained in the following appropriation act: Pub. L. 109–108, title VI, § 635(a), Nov. 22, 2005, 119 Stat. 2346. CHAPTER 78—TRAFFICKING VICTIMS PROTECTION Sec. 7101. Purposes and findings. 7102. Definitions. 7103. Interagency Task Force to Monitor and Com- bat Trafficking. 7103a. Creating, building, and strengthening part- nerships against significant trafficking in persons. 7103b. Survivors of Human Trafficking Empower- ment Act. 7104. Prevention of trafficking. 7104a. Compliance plan and certification require- ment. 7104b. Monitoring and investigation of trafficking in persons. 7104c. Notification to Inspectors General and co- operation with government. 7104d. Rules of construction; effective date. 7104e. Preventing future trafficking in the United States through receipt of complaints abroad. Sec. 7105. Protection and assistance for victims of traf- ficking. 7105a. Increasing effectiveness of anti-trafficking programs. 7105b. Improving domestic victim screening proce- dures. 7106. Minimum standards for the elimination of trafficking. 7107. Actions against governments failing to meet minimum standards. 7108. Actions against significant traffickers in per- sons. 7109. Strengthening prosecution and punishment of traffickers. 7109a. Research on domestic and international traf- ficking in persons. 7109b. Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons. 7110. Authorizations of appropriations. 7111. Report by Secretary of State. 7112. Additional activities to monitor and combat forced labor and child labor. 7113. Accountability. 7114. Efforts to end modern slavery. 7115. Ensuring protection and confidentiality for survivors of human trafficking. § 7101. Purposes and findings (a) Purposes The purposes of this chapter are to combat trafficking in persons, a contemporary mani- festation of slavery whose victims are predomi- nantly women and children, to ensure just and effective punishment of traffickers, and to pro- tect their victims. (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 mani- festation of slavery today. At least 700,000 per- sons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and chil- dren 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 rap- idly expanded over the past several decades. It involves sexual exploitation of persons, pre- dominantly women and girls, involving activi- ties related to prostitution, pornography, sex tourism, and other commercial sexual serv- ices. 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 coun- tries of origin. Traffickers lure women and girls into their networks through false prom- ises of decent working conditions at relatively good pay as nannies, maids, dancers, factory Page 1888 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7101 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 des- tinations, 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 slav- ery-like labor. Such force includes rape and other forms of sexual abuse, torture, starva- tion, 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 per- petrated by organized, sophisticated criminal enterprises. Such trafficking is the fastest growing source of profits for organized crimi- nal enterprises worldwide. Profits from the trafficking industry contribute to the expan- sion of organized crime in the United States and worldwide. Trafficking in persons is often aided by official corruption in countries of ori- gin, transit, and destination, thereby threat- ening 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, pan- dering, fraud, and extortion. (11) Trafficking exposes victims to serious health risks. Women and children trafficked in the sex industry are exposed to deadly dis- eases, including HIV and AIDS. Trafficking victims are sometimes worked or physically brutalized to death. (12) Trafficking in persons substantially af- fects interstate and foreign commerce. Traf- ficking for such purposes as involuntary ser- vitude, peonage, and other forms of forced labor has an impact on the nationwide em- ployment 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 in- tended to reach cases in which persons are held in a condition of servitude through non- violent 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 re- sult, that section was interpreted to crim- inalize 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 enforce- ment 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 com- prehensive 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 in- dustry 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 indiffer- ence, by corruption, and sometimes even by official participation in trafficking. (17) Existing laws often fail to protect vic- tims 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 fa- cilities do not exist to meet victims’ needs re- garding health care, housing, education, and legal assistance, which safely reintegrate traf- ficking victims into their home countries. (19) Victims of severe forms of trafficking should not be inappropriately incarcerated, fined, or otherwise penalized solely for unlaw- ful acts committed as a direct result of being trafficked, such as using false documents, en- tering the country without documentation, or working without documentation. (20) Because victims of trafficking are fre- quently 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 includ- ing physical detention and debt bondage, and because they often fear retribution and forc- ible removal to countries in which they will face retribution or other hardship, these vic- tims often find it difficult or impossible to re- port the crimes committed against them or to assist in the investigation and prosecution of such crimes. (21) Trafficking of persons is an evil requir- ing concerted and vigorous action by countries of origin, transit or destination, and by inter- national organizations. (22) One of the founding documents of the United States, the Declaration of Independ- ence, 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 involun- tary servitude is among those unalienable rights. Acknowledging this fact, the United States outlawed slavery and involuntary ser- vitude in 1865, recognizing them as evil insti- tutions that must be abolished. Current prac- tices 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 Page 1889 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7101 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 Punish- ment; United Nations General Assembly Reso- lutions 50/167, 51/66, and 52/98; the Final Report of the World Congress against Sexual Exploi- tation 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 per- petrators 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 pro- tecting 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 pro- mote cooperation among countries linked to- gether by international trafficking routes. The United States must also urge the inter- national community to take strong action in multilateral fora to engage recalcitrant coun- tries in serious and sustained efforts to elimi- nate trafficking and protect trafficking vic- tims. (Pub. L. 106–386, div. A, § 102, Oct. 28, 2000, 114 Stat. 1466.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this division’’, meaning division A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, known as the Traf- ficking Victims Protection Act of 2000, which is classi- fied principally to this chapter. For complete classi- fication of division A to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2023 AMENDMENT Pub. 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 sec- tions 7103b 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 7103b of this title, sec- tion 4103 of Title 5, Government Organization and Em- ployees, and section 671 of Title 42] may be cited as the ‘Trafficking Victims Prevention and Protection Reau- thorization Act of 2022’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–301, § 1, Dec. 27, 2022, 136 Stat. 4382, pro- vided that: ‘‘This Act [amending section 7105 of this title] may be cited as the ‘Human Trafficking Preven- tion Act of 2022’.’’ Pub. L. 117–211, § 1, Oct. 17, 2022, 136 Stat. 2248, pro- vided that: ‘‘This Act [amending section 7104b of this title] may be cited as the ‘End Human Trafficking in Government Contracts Act of 2022’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. 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 Pub. 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’.’’ Pub. 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 Reauthor- ization Act of 2017’.’’ Pub. 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 enact- ing provisions set out as notes under sections 2370c and 7107 of this title, section 1201 of Title 41, Public Con- tracts, 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 AMENDMENT Pub. L. 110–457, § 1(a), Dec. 23, 2008, 122 Stat. 5044, pro- vided 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 AMENDMENT Pub. L. 109–164, § 1(a), Jan. 10, 2006, 119 Stat. 3558, pro- vided 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 sec- tions 4028, 7103 to 7107, 7109a, and 7110 of this title and sections 1956 and 1961 of Title 18, and enacting provi- sions set out as notes under this section and sections 7105 and 7106 of this title] may be cited as the ‘Traf- ficking Victims Protection Reauthorization Act of 2005’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–193, § 1, Dec. 19, 2003, 117 Stat. 2875, pro- vided 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 re- pealing 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 TITLE Pub. L. 106–386, § 1, Oct. 28, 2000, 114 Stat. 1464, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Victims of Trafficking and Vio- lence Protection Act of 2000’.’’ Pub. L. 106–386, div. A, § 101, Oct. 28, 2000, 114 Stat. 1466, provided that: ‘‘This division [enacting this chap- ter, section 2152d of this title, and sections 1589 to 1594 Page 1890 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7101 of Title 18, Crimes and Criminal Procedure, and amend- ing 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 ENFORCEMENT Pub. L. 110–457, title II, § 225, Dec. 23, 2008, 122 Stat. 5072, as amended by Pub. 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 Vic- tims 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. ‘‘(b) 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 inves- tigation and prosecution through modernization of State and local prostitution and pandering statutes; ‘‘(2) protects children exploited through prostitu- tion 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 ex- change 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 pros- titution offense; ‘‘(C) require the referral of an individual de- scribed in subparagraph (A) to appropriate service providers, including comprehensive service or com- munity-based programs that provide assistance to child victims of commercial sexual exploitation; and ‘‘(D) provide that an individual described in sub- paragraph (A) shall not be required to prove fraud, force, or coercion in order to receive the protec- tions 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 (b) 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 Pub. L. 113–4, which directed amendment of section 225(b) of the Trafficking Victims Reauthorization Act of 2008, was executed by amending section 225(b) of Pub. L. 110–457, the William Wilberforce Trafficking Victims Protection Reauthor- ization Act of 2008, set out above, to reflect the prob- able intent of Congress.] CONGRESSIONAL FINDINGS Pub. L. 109–164, § 2, Jan. 10, 2006, 119 Stat. 3558, pro- vided that: ‘‘Congress finds the following: ‘‘(1) The United States has demonstrated inter- national 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 (Pub- lic Law 108–193) [see Short Title of 2003 Amendment note above]. ‘‘(2) The United States Government currently esti- mates that 600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor and commercial sex exploi- tation. 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 ef- forts 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 prob- lem of trafficking in children for the purpose of com- mercial sexual exploitation in the United States. Ac- cording to a report issued by researchers at the Uni- versity of Pennsylvania in 2001, as many as 300,000 children in the United States are at risk for commer- cial 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. Ac- cording 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 humani- tarian emergencies, indigenous populations face in- creased security challenges and vulnerabilities which result in myriad forms of violence, including traf- ficking for sexual and labor exploitation. Foreign pol- icy and foreign aid professionals increasingly recog- nize the increased activity of human traffickers in post-conflict settings and during humanitarian emer- gencies. ‘‘(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 strate- gies at the United States Agency for International Development, the Department of State, and the De- partment of Defense to combat human trafficking, including through protection and prevention meth- odologies, 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 num- ber of women and girls trafficked into prostitution in post-conflict regions. ‘‘(10) The involvement of employees and contrac- tors of the United States Government and members of the Armed Forces in trafficking in persons, facili- tating 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 Gov- ernment contractors abroad.’’ Pub. L. 108–193, § 2, Dec. 19, 2003, 117 Stat. 2875, pro- vided that: ‘‘Congress finds the following: ‘‘(1) Trafficking in persons continues to victimize countless men, women, and children in the United States and abroad. Page 1891 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7102 ‘‘(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 Immigra- tion and Nationality Act [8 U.S.C. 1101(a)(15)(T)(i)]. ‘‘(4) Additional research is needed to fully under- stand the phenomenon of trafficking in persons and to determine the most effective strategies for com- bating trafficking in persons. ‘‘(5) Corruption among foreign law enforcement au- thorities continues to undermine the efforts by gov- ernments to investigate, prosecute, and convict traf- fickers. ‘‘(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-re- lated crimes.’’ § 7102. Definitions In this chapter: (1) Abuse or threatened abuse of law or legal process The term ‘‘abuse or threatened abuse of the legal process’’ means the use or threatened use of a law or legal process, whether administra- tive, civil, or criminal, in any manner or for any purpose for which the law was not de- signed, in order to exert pressure on another person to cause that person to take some ac- tion or refrain from taking some action. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Re- lations and the Committee on the Judiciary of the Senate and the Committee on Foreign Af- fairs and the Committee on the Judiciary of the House of Representatives. (3) Coercion The 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 The term ‘‘commercial sex act’’ means any sex act on account of which anything of value is given to or received by any person. (5) Concrete actions The term ‘‘concrete actions’’ means actions that demonstrate increased efforts by the gov- ernment 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 traf- ficking, including programs to reduce the vulnerability of particularly vulnerable pop- ulations, involving survivors of trafficking in community engagement and policy mak- ing, engagement with foreign migrants, end- ing recruitment fees, and other such meas- ures. (H) Victim services offered, including im- migration services and restitution. (I) The amount of money the government has committed to the actions described in subparagraphs (A) through (H). (6) Credible information The term ‘‘credible information’’ includes all of the following: (A) Reports by the Department of State. (B) Reports of other Federal agencies, in- cluding 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 ac- tions taken, judicial proceedings, training conducted, consultations conducted, pro- grams and partnerships launched, and services provided. (D) Materials developed by civil society or- ganizations. (E) Information from survivors of human trafficking, vulnerable persons, and whistle- blowers. (F) All relevant media and academic re- ports 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 ac- tions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country. (7) Debt bondage The term ‘‘debt bondage’’ means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those serv- ices as reasonably assessed is not applied to- ward the liquidation of the debt or the length and nature of those services are not respec- tively limited and defined. (8) Involuntary servitude The 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 per- son did not enter into or continue in such condition, that person or another person would suffer serious harm or physical re- straint; or (B) the abuse or threatened abuse of the legal process.

Cross-references

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7101 — Purposes and findings

**(a) Purposes** The purposes of this chapter are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. **(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, d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7101

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101

Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

§ 1101. Definitions (a) As used in this chapter— (1) The term ‘‘administrator’’ means the offi- cial designated by the Secretary of State pursu- ant to section 1104(b) of this title. (2) The term ‘‘advocates’’ includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term ‘‘alien’’ means any person not a citizen or national of the United States. (4) The term ‘‘application for admission’’ has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term ‘‘Attorney General’’ means the Attorney General of the United States. (6) The term ‘‘border crossing identification card’’ means a document of identity bearing that designation issued to an alien who is law- fully admitted for permanent residence, or to an alien who is a resident in foreign contiguous ter- ritory, by a consular officer or an immigration officer for the purpose of crossing over the bor- ders between the United States and foreign con- tiguous territory in accordance with such condi- tions for its issuance and use as may be pre- scribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric char- acteristic of the alien. (7) The term ‘‘clerk of court’’ means a clerk of a naturalization court. (8) The terms ‘‘Commissioner’’ and ‘‘Deputy Commissioner’’ mean the Commissioner of Im- migration

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101

Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.