US (United States) Code. Title 22. Chapter 78: Trafficking victims protection

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-CITE-

22 USC CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-MISC1-

Sec.

7101. Purposes and findings.

(a) Purposes.

(b) Findings.

7102. Definitions.

7103. Interagency Task Force to Monitor and Combat

Trafficking.

(a) Establishment.

(b) Appointment.

(c) Chairman.

(d) Activities of the Task Force.

(e) Support for the Task Force.

7104. Prevention of trafficking.

(a) Economic alternatives to prevent and deter

trafficking.

(b) Public awareness and information.

(c) Consultation requirement.

7105. Protection and assistance for victims of trafficking.

(a) Assistance for victims in other countries.

(b) Victims in the United States.

(c) Trafficking victim regulations.

(d) Construction.

(e) Protection from removal for certain crime

victims.

(f) Omitted.

(g) Annual reports.

7106. Minimum standards for the elimination of trafficking.

(a) Minimum standards.

(b) Criteria.

7107. Actions against governments failing to meet minimum

standards.

(a) Statement of policy.

(b) Reports to Congress.

(c) Notification.

(d) Presidential determinations.

(e) Certification.

7108. Actions against significant traffickers in persons.

(a) Authority to sanction significant traffickers

in persons.

(b) Report to Congress on identification and

sanctioning of significant traffickers in

persons.

(c) Law enforcement and intelligence activities not

affected.

(d) Omitted.

(e) Implementation.

(f) Definition of foreign persons.

(g) Construction.

7109. Strengthening prosecution and punishment of

traffickers.

(a) Omitted.

(b) Amendment to the Sentencing Guidelines.

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.

(c) Authorization of appropriations to the

Secretary of State.

(d) Authorization of appropriations to Attorney

General.

(e) Authorization of appropriations to President.

(f) Authorization of appropriations to the

Secretary of Labor.

-End-

-CITE-

22 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7101. Purposes and findings

-STATUTE-

(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, 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.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 102, Oct. 28, 2000, 114 Stat. 1466.)

-REFTEXT-

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, which is classified principally to this

chapter. For complete classification of division A to the Code, see

section 101 of Pub. L. 106-386, set out as a Short Title note

below, and Tables.

-MISC1-

SHORT TITLE

Pub. L. 106-386, Sec. 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'."

Pub. L. 106-386, div. A, Sec. 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'."

-End-

-CITE-

22 USC Sec. 7102 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7102. Definitions

-STATUTE-

In this chapter:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on Foreign Relations and the Committee on the Judiciary

of the Senate and the Committee on International Relations and

the Committee on the Judiciary of the House of Representatives.

(2) 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.

(3) 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.

(4) 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 services as reasonably

assessed is not applied toward the liquidation of the debt or the

length and nature of those services are not respectively limited

and defined.

(5) 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 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.

(6) Minimum standards for the elimination of trafficking

The term "minimum standards for the elimination of trafficking"

means the standards set forth in section 7106 of this title.

(7) Nonhumanitarian, nontrade-related foreign assistance

The 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.] 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) 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) of that Act;

(viii) programs under title IV of chapter 2 of part I of

that Act [22 U.S.C. 2191 et seq.], relating to the Overseas

Private Investment Corporation; and

(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].

(8) Severe forms of trafficking in persons

The 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.

(9) Sex trafficking

The term "sex trafficking" means the recruitment, harboring,

transportation, provision, or obtaining of a person for the

purpose of a commercial sex act.

(10) State

The term "State" means each of the several States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and territories and

possessions of the United States.

(11) Task Force

The term "Task Force" means the Interagency Task Force to

Monitor and Combat Trafficking established under section 7103 of

this title.

(12) United States

The term "United States" means the fifty States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth

of the Northern Mariana Islands, and the territories and

possessions of the United States.

(13) Victim of a severe form of trafficking

The term "victim of a severe form of trafficking" means a

person subject to an act or practice described in paragraph (8).

(14) Victim of trafficking

The term "victim of trafficking" means a person subjected to an

act or practice described in paragraph (8) or (9).

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 103, Oct. 28, 2000, 114 Stat. 1469.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in par. (7)(A),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to chapter 32 (Sec. 2151 et seq.) of this

title. Part I of the Act is classified generally to subchapter I

(Sec. 2151 et seq.) of chapter 32 of this title. Chapter 1, title

IV of chapter 2, chapter 8, and chapter 9 of part I of the Act are

classified generally to part I (Sec. 2151 et seq.), subpart iv

(Sec. 2191 et seq.) of part II, part VIII (Sec. 2291 et seq.), and

part IX (Sec. 2292 et seq.), respectively, of subchapter I of

chapter 32 of this title. Chapters 4, 5, and 8 of part II of the

Act are classified generally to part IV (Sec. 2346 et seq.), part V

(Sec. 2347 et seq.), and part VIII (Sec. 2349aa et seq.),

respectively, of subchapter II of chapter 32 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

Chapters 1 and 10 of that Act, referred to in par. (7)(A)(vii),

probably means chapters 1 and 10 of part I of the Foreign

Assistance Act of 1961, which are classified generally to parts I

(Sec. 2151 et seq.) and X (Sec. 2293 et seq.), respectively, of

subchapter I of chapter 32 of this title. For complete

classification of these chapters to the Code, see Tables.

The Arms Export Control Act, referred to in par. (7)(B), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151n, 2152d, 2304, 7105,

7107 of this title; title 8 sections 1101, 1182, 1184; title 18

section 1592.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "of".

(!2) See References in Text note below.

-End-

-CITE-

22 USC Sec. 7103 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7103. Interagency Task Force to Monitor and Combat Trafficking

-STATUTE-

(a) Establishment

The President shall establish an Interagency Task Force to

Monitor and Combat Trafficking.

(b) Appointment

The President shall appoint the members of the Task Force, which

shall include the Secretary of State, the Administrator of the

United States Agency for International Development, the Attorney

General, the Secretary of Labor, the Secretary of Health and Human

Services, the Director of Central Intelligence, and such other

officials as may be designated by the President.

(c) Chairman

The Task Force shall be chaired by the Secretary of State.

(d) Activities of the Task Force

The 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. Any data collection

procedures 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.

(e) Support for the Task Force

The Secretary of State is authorized to establish within the

Department of State an Office to Monitor and Combat Trafficking,

which shall provide assistance to the Task Force. Any such Office

shall be headed by a Director. The Director shall have the primary

responsibility for assisting the Secretary of State in carrying out

the purposes of this chapter and may have additional

responsibilities as determined by the Secretary. The Director shall

consult with nongovernmental organizations and multilateral

organizations, and with trafficking victims or other affected

persons. The Director shall have the authority to take evidence in

public hearings or by other means. The agencies represented on the

Task Force are authorized to provide staff to the Office on a

nonreimbursable basis.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 105, Oct. 28, 2000, 114 Stat. 1473.)

-EXEC-

EX. ORD. NO. 13257. PRESIDENT'S INTERAGENCY TASK FORCE TO MONITOR

AND COMBAT TRAFFICKING IN PERSONS

Ex. Ord. No. 13257, Feb. 13, 2002, 67 F.R. 7259, as amended by

Ex. Ord. No. 13286, Sec. 5, Feb. 28, 2003, 68 F.R. 10619, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Trafficking Victims Protection Act of 2000, (22 U.S.C. 7103) [this

chapter] (the "Act"), and in order 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, it is

hereby ordered as follows:

Section 1. (a) The President's Interagency Task Force to Monitor

and Combat Trafficking in Persons is hereby established.

(b) The Task Force shall consist of:

(i) the Secretary of State;

(ii) the Attorney General;

(iii) the Secretary of Labor;

(iv) the Secretary of Health and Human Services;

(v) the Secretary of Homeland Security;

(vi) the Director of Central Intelligence;

(vii) the Director of the Office of Management and Budget;

(viii) the Administrator of the United States Agency for

International Development; and

(ix) any additional officers or employees of the United States

as may be designated by the President.

(c) The Task Force shall be chaired by the Secretary of State.

Sec. 2. Activities. The Task Force shall, consistent with

applicable law and the constitutional authorities and duties of the

President, carry out the following activities:

(a) coordinate the implementation of the Act;

(b) measure and evaluate progress of the United States and other

countries in the areas of trafficking in persons prevention,

protection, and assistance to victims of trafficking in persons,

and prosecutions and other enforcement efforts against traffickers,

including the role of public corruption in facilitating trafficking

in persons;

(c) assist the Secretary of State in the preparation of the

annual reports described in section 110 of the Act [22 U.S.C.

7107];

(d) expand interagency procedures to collect and organize data,

including significant research and resource information on domestic

and international trafficking in persons, while ensuring that any

data collection procedures involved, respect the confidentiality of

victims of trafficking in persons;

(e) engage in efforts to facilitate cooperation among countries

of origin, transit, and destination, and such efforts shall aim to

strengthen local and regional capacities to prevent trafficking in

persons, prosecute traffickers and assist trafficking victims;

shall include initiatives to enhance cooperative efforts between

destination countries, transit countries, and countries of origin;

and shall assist in the appropriate reintegration of stateless

victims of trafficking in persons;

(f) 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;

(g) engage in consultation and advocacy with governmental and

nongovernmental organizations, among other entities, to advance the

purposes of the Act; and

(h) address such other matters related to the purposes of the Act

as the President may determine.

Sec. 3. Administration. (a) The Department of State shall provide

funding and administrative support for the Task Force, except as

otherwise provided by the Act.

(b) At the call of the Chair, the Task Force shall meet as

necessary to accomplish its mission.

(c) Task Force members may designate representatives from their

respective agencies to represent them at Task Force meetings.

(d) Whenever the work of the Task Force involves a matter

committed by law or Presidential directive to the consideration of

the National Security Council, or by Executive Order 13228 of

October 8, 2001 [50 U.S.C. 402 note], to the consideration of the

Homeland Security Council, that work shall be undertaken, and any

communication by the Secretary of State to the President shall be

undertaken, in a manner consistent with such law, Presidential

directive, or Executive Order.

(e) The Task Force shall have no directive authority or other

substantial independent authority.

(f) As necessary and appropriate, the Task Force shall report to

the President, through the Secretary of State, the following:

(i) progress on the implementation of the Act; and

(ii) recommendations for United States policy to monitor and

eliminate trafficking in persons and to protect the victims of

trafficking in persons.

Sec. 4. Judicial Review. This order does not create any rights or

benefits, enforceable at law or equity, against the United States,

its departments, its agencies, or other entities, its officers or

employees, or any other person.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7102, 7110 of this title.

-End-

-CITE-

22 USC Sec. 7104 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7104. Prevention of trafficking

-STATUTE-

(a) Economic alternatives to prevent and deter trafficking

The 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

The President, acting through the Secretary of Labor, the

Secretary of Health and Human Services, the Attorney General, and

the Secretary of State, shall establish and carry out programs to

increase public awareness, particularly among potential victims of

trafficking, of the dangers of trafficking and the protections that

are available for victims of trafficking.

(c) Consultation requirement

The President shall consult with appropriate nongovernmental

organizations with respect to the establishment and conduct of

initiatives described in subsections (a) and (b) of this section.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 106, Oct. 28, 2000, 114 Stat. 1474.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7110 of this title.

-End-

-CITE-

22 USC Sec. 7105 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7105. Protection and assistance for victims of trafficking

-STATUTE-

(a) Assistance for victims in other countries

(1) In general

The 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. 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.

(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.

(2) Additional requirement

In establishing and conducting programs and initiatives

described in paragraph (1), the Secretary of State and the

Administrator of the United States Agency for International

Development shall take all appropriate steps to enhance

cooperative efforts among foreign countries, including countries

of origin of victims of trafficking, to assist in the

integration, reintegration, or resettlement, as appropriate, of

victims of trafficking, including stateless victims.

(b) Victims in the United States

(1) Assistance

(A) Eligibility for benefits and services

Notwithstanding title IV of the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, an alien who is a

victim of a severe form of trafficking in persons shall be

eligible for benefits and services under any Federal or State

program or activity funded or administered by any official or

agency described in subparagraph (B) to the same extent as an

alien who is admitted to the United States as a refugee under

section 1157 of title 8.

(B) Requirement to expand benefits and services

Subject to subparagraph (C) and, in the case of

nonentitlement programs, to the availability of appropriations,

the Secretary of Health and Human Services, the Secretary of

Labor, the Board of Directors of the Legal Services

Corporation, and the heads of other Federal agencies shall

expand benefits and services to victims of severe forms of

trafficking in persons in the United States, without regard to

the immigration status of such victims.

(C) Definition of victim of a severe form of trafficking in

persons

For 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) Annual report

Not later than December 31 of each year, the Secretary of

Health and Human Services, in consultation with the Secretary

of Labor, the Board of Directors of the Legal Services

Corporation, and the heads of other appropriate Federal

agencies shall submit a report, which includes information on

the number of persons who received benefits or other services

under this paragraph in connection with programs or activities

funded or administered by such agencies or officials during the

preceding fiscal year, to the Committee on Ways and Means, the

Committee on International Relations, and the Committee on the

Judiciary of the House of Representatives and the Committee on

Finance, the Committee on Foreign Relations, and the Committee

on the Judiciary of the Senate.

(E) Certification

(i) In general

Subject 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

Attorney General, 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; 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) of this section, that has not been denied;

or

(bb) is a person whose continued presence in the United

States the Attorney General is ensuring in order to

effectuate prosecution of traffickers in persons.

(ii) Period of effectiveness

A certification referred to in subparagraph (C), with

respect to a person described in clause (i)(II)(bb), shall be

effective only for so long as the Attorney General determines

that the continued presence of such person is necessary to

effectuate prosecution of traffickers in persons.

(iii) Investigation and prosecution defined

For 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; and

(III) testimony at proceedings against such persons.

(2) Grants

(A) In general

Subject 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 trafficking.

(B) Allocation of grant funds

Of amounts made available for grants under this paragraph,

there shall be set aside -

(i) three percent for research, evaluation, and statistics;

(ii) two percent for training and technical assistance; and

(iii) one percent for management and administration.

(C) Limitation on Federal share

The Federal share of a grant made under this paragraph may

not exceed 75 percent of the total costs of the projects

described in the application submitted.

(c) Trafficking victim regulations

Not later than 180 days after October 28, 2000, the Attorney

General 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 custody

Victims 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

Victims of severe forms of trafficking shall have access to

information about their rights and translation services.

(3) Authority to permit continued presence in the United States

Federal law enforcement officials may permit an alien

individual's continued presence in the United States, if after an

assessment, it is determined that such individual is a victim of

a severe form of trafficking and a potential witness to such

trafficking, in order to effectuate prosecution of those

responsible, and such officials in investigating and prosecuting

traffickers shall protect the safety of trafficking victims,

including taking measures to protect trafficked persons and their

family members from intimidation, threats of reprisals, and

reprisals from traffickers and their associates.

(4) Training of Government personnel

Appropriate personnel of the Department of State and the

Department of Justice shall be trained in identifying victims of

severe forms of trafficking and providing for the protection of

such victims.

(d) Construction

Nothing in subsection (c) of this section shall be construed as

creating any private cause of action against the United States or

its officers or employees.

(e) Protection from removal for certain crime victims

(1)-(4) Omitted

(5) Statutory construction

Nothing in this section, or in the amendments made by this

section, shall be construed as prohibiting the Attorney General

from instituting removal proceedings under section 1229a of title

8 against an alien admitted as a nonimmigrant under section

1101(a)(15)(T)(i) of title 8, as added by subsection (e) of this

section, for conduct committed after the alien's admission into

the United States, or for conduct or a condition that was not

disclosed to the Attorney General prior to the alien's admission

as a nonimmigrant under such section 1101(a)(15)(T)(i) of title

8.

(f) Omitted

(g) Annual reports

On or before October 31 of each year, the Attorney General shall

submit a report to the appropriate congressional committees setting

forth, with respect to the preceding fiscal year, the number, if

any, of otherwise eligible applicants who did not receive visas

under section 1101(a)(15)(T) of title 8, as added by subsection (e)

of this section, or who were unable to adjust their status under

section 1255(l) of title 8, solely on account of the unavailability

of visas due to a limitation imposed by section 1184(n)(1) or

1255(l)(4)(A) of title 8.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 107, Oct. 28, 2000, 114 Stat. 1474;

Pub. L. 107-228, div. A, title VI, Sec. 682(a), Sept. 30, 2002, 116

Stat. 1409.)

-REFTEXT-

REFERENCES IN TEXT

Title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, referred to in subsec. (b)(1)(A), is

title IV (Sec. 400 et seq.) of Pub. L. 104-193, Aug. 22, 1996, 110

Stat. 2260, as amended. For complete classification of title IV to

the Code, see Tables.

For the amendments made by this section, referred to in subsec.

(e)(5), see Codification note below.

-COD-

CODIFICATION

Section is comprised of section 107 of Pub. L. 106-386. Subsec.

(e)(1)-(4) of section 107 of Pub. L. 106-386 amended sections 1101,

1182, and 1184 of Title 8, Aliens and Nationality, and subsec. (f)

of section 107 of Pub. L. 106-386 amended section 1255 of Title 8.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-228 inserted "In addition,

such programs and initiatives shall, to the maximum extent

practicable, include the following:" at end of introductory

provisions and added subpars. (A) to (E).

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7110 of this title.

-End-

-CITE-

22 USC Sec. 7106 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7106. Minimum standards for the elimination of trafficking

-STATUTE-

(a) Minimum standards

For 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 a significant number

of 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) Criteria

In determinations under subsection (a)(4) of this section, 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 that take place wholly or partly within the territory

of the country.

(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.

(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.

(4) Whether the government of the country cooperates with other

governments in the investigation and prosecution of severe forms

of trafficking in persons.

(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 and prosecutes public officials who participate in

or facilitate severe forms of trafficking in persons, and takes

all appropriate measures against officials who condone such

trafficking.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 108, Oct. 28, 2000, 114 Stat. 1480.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7102 of this title.

-End-

-CITE-

22 USC Sec. 7107 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7107. Actions against governments failing to meet minimum

standards

-STATUTE-

(a) Statement of policy

It 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 report

Not later than June 1 of each year, the Secretary of State

shall submit to the appropriate congressional committees a report

with respect to the status of severe forms of trafficking in

persons that shall 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;

(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; and

(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.

(2) Interim reports

In addition to the annual report under paragraph (1), the

Secretary of State may submit to the appropriate congressional

committees at any time one or more interim reports with respect

to the status of severe forms of trafficking in persons,

including information about countries whose governments -

(A) have come into or out of compliance with the minimum

standards for the elimination of trafficking; or

(B) have begun or ceased to make significant efforts to bring

themselves into compliance,

since the transmission of the last annual report.

(3) Significant efforts

In 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

-

(A) the extent to which the country is a country of origin,

transit, or destination for severe forms of trafficking;

(B) 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; and

(C) what measures are reasonable to bring the government into

compliance with the minimum standards in light of the resources

and capabilities of the government.

(c) Notification

Not 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) of this section, or an interim report under subsection

(b)(2) of this section, the President shall submit to the

appropriate congressional committees a notification of one of the

determinations listed in subsection (d) of this section 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) of this section.

(d) Presidential determinations

The determinations referred to in subsection (c) of this section

are the following:

(1) Withholding of nonhumanitarian, nontrade-related assistance

The 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 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

The President has determined that such country is already

subject to multiple, broad-based restrictions on assistance

imposed in significant part in response to human rights abuses

and such restrictions are ongoing and are comparable to the

restrictions provided in paragraph (1). Such determination shall

be accompanied by a description of the specific restriction or

restrictions that were the basis for making such determination.

(3) Subsequent compliance

The Secretary of State has determined that the government of

the country has come into compliance with the minimum standards

or is making significant efforts to bring itself into compliance.

(4) Continuation of assistance in the national interest

Notwithstanding the failure of the government of the country to

comply with minimum standards for the elimination of trafficking

and to make significant efforts to bring itself into compliance,

the President has determined that the provision to the country of

nonhumanitarian, nontrade-related foreign assistance, or the

multilateral assistance described in paragraph (1)(B), or both,

would promote the purposes of this chapter or is otherwise in the

national interest of the United States.

(5) Exercise of waiver authority

(A) In general

The President may exercise the authority under paragraph (4)

with respect to -

(i) all nonhumanitarian, nontrade-related foreign

assistance 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

The President shall exercise the authority under paragraph

(4) when necessary to avoid significant adverse effects on

vulnerable populations, including women and children.

(6) Definition of multilateral development bank

In this subsection, the term "multilateral development bank"

refers to any of the following institutions: the International

Bank for Reconstruction and Development, the International

Development Association, the International Finance Corporation,

the Inter-American Development Bank, the Asian Development Bank,

the Inter-American Investment Corporation, the African

Development Bank, the African Development Fund, the European Bank

for Reconstruction and Development, and the Multilateral

Investment Guaranty Agency.

(e) Certification

Together with any notification under subsection (c) of this

section, the President shall provide a certification by the

Secretary of State that, with respect to any assistance described

in clause (ii), (iii), or (v) of section 7102(7)(A) of this title,

or with respect to any assistance described in section 7102(7)(B)

of this title, no assistance is intended to be received or used by

any agency or official who has participated in, facilitated, or

condoned a severe form of trafficking in persons.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 110, Oct. 28, 2000, 114 Stat. 1482.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7103, 7110 of this title.

-End-

-CITE-

22 USC Sec. 7108 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7108. Actions against significant traffickers in persons

-STATUTE-

(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 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).

(2) Penalties

The penalties set forth in section 1705 of title 50 apply to

violations of any license, order, or regulation issued under this

section.

(b) Report to Congress on identification and sanctioning of

significant traffickers in persons

(1) In general

Upon exercising the authority of subsection (a) of this

section, 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

Upon suspending or terminating any action imposed under the

authority of subsection (a) of this section, the President shall

report to the committees described in paragraph (1) on such

suspension or termination.

(3) Submission of classified information

Reports submitted under this subsection may include an annex

with classified information regarding the basis for the

determination made by the President under paragraph (1)(A).

(c) Law enforcement and intelligence activities not affected

Nothing in this section prohibits or otherwise limits the

authorized law enforcement or intelligence activities of the United

States, or the law enforcement activities of any State or

subdivision thereof.

(d) Omitted

(e) Implementation

(1) Delegation of authority

The President may delegate any authority granted by this

section, including the authority to designate foreign persons

under paragraphs (1)(B) and (1)(C) of subsection (a) of this

section.

(2) Promulgation of rules and regulations

The head of any agency, including the Secretary of Treasury, is

authorized to take such actions as may be necessary to carry out

any authority delegated by the President pursuant to paragraph

(1), including promulgating rules and regulations.

(3) Opportunity for review

Such rules and regulations shall include procedures affording

an opportunity for a person to be heard in an expeditious manner,

either in person or through a representative, for the purpose of

seeking changes to or termination of any determination, order,

designation or other action associated with the exercise of the

authority in subsection (a) of this section.

(f) Definition of foreign persons

In this section, the term "foreign person" means any citizen or

national of a foreign state or any entity not organized under the

laws of the United States, including a foreign government official,

but does not include a foreign state.

(g) Construction

Nothing in this section shall be construed as precluding judicial

review of the exercise of the authority described in subsection (a)

of this section.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 111, Oct. 28, 2000, 114 Stat. 1484.)

-COD-

CODIFICATION

Section is comprised of section 111 of Pub. L. 106-386. Subsec.

(d) of section 111 of Pub. L. 106-386 amended section 1182 of Title

8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1182.

-End-

-CITE-

22 USC Sec. 7109 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

-HEAD-

Sec. 7109. Strengthening prosecution and punishment of traffickers

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 112, Oct. 28, 2000, 114 Stat. 1486.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act, referred to in subsec. (b)(1),

probably means the Fair Labor Standards Act of 1938, act June 25,

1938, ch. 676, 52 Stat. 1060, as amended, which is classified

generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For

complete classification of this Act to the Code, see section 201 of

Title 29 and Tables.

The Migrant and Seasonal Agricultural Worker Protection Act,

referred to in subsec. (b)(1), is Pub. L. 97-470, Jan. 14, 1983, 96

Stat. 2584, as amended, which is classified generally to chapter 20

(Sec. 1801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of Title 29 and Tables.

The Sentencing Act of 1987, referred to in subsec. (b)(3), is

Pub. L. 100-182, Dec. 7, 1987, 101 Stat. 1266. Section 21(a) of the

Act is set out as a note under section 994 of Title 28, Judiciary

and Judicial Procedure. For complete classification of this Act to

the Code, see Short Title of 1987 Amendment note set out under

section 3551 of Title 18, Crimes and Criminal Procedure, and

Tables.

-COD-

CODIFICATION

Section is comprised of section 112 of Pub. L. 106-386. Subsec.

(a) of section 112 of Pub. L. 106-386 enacted sections 1589 to 1594

of Title 18, Crimes and Criminal Procedure, and amended sections

1581, 1583, and 1584 of Title 18.

-End-

-CITE-

22 USC Sec. 7110 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 78 - TRAFFICKING VICTIMS PROTECTION

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Sec. 7110. Authorizations of appropriations

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(a) Authorization of appropriations in support of the Task Force

To carry out the purposes of section 104 (!1) and sections 7103

and 7107 of this title, there are authorized to be appropriated to

the Secretary of State $1,500,000 for fiscal year 2001 and

$3,000,000 for each of the fiscal years 2002 and 2003.

(b) Authorization of appropriations to the Secretary of Health and

Human Services

To carry out the purposes of section 7105(b) of this title, there

are authorized to be appropriated to the Secretary of Health and

Human Services $5,000,000 for fiscal year 2001 and $10,000,000 for

fiscal year 2002.

(c) Authorization of appropriations to the Secretary of State

(1) Assistance for victims in other countries

To carry out the purposes of section 7105(a) of this title,

there are authorized to be appropriated to the Secretary of State

$5,000,000 for fiscal year 2001, $10,000,000 for fiscal year

2002, and $15,000,000 for fiscal year 2003.

(2) Voluntary contributions to OSCE

To carry out the purposes of section 2151d (!1) of this title,

there is authorized to be appropriated to the Secretary of State

for each of the fiscal years 2001, 2002, and 2003 $300,000 for

voluntary contributions to advance projects aimed at preventing

trafficking, promoting respect for human rights of trafficking

victims, and assisting the Organization for Security and

Cooperation in Europe participating states in related legal

reform for such fiscal year.

(3) Preparation of annual country reports on human rights

To carry out the purposes of section 104,(!1) there are

authorized to be appropriated to the Secretary of State such sums

as may be necessary to include the additional information

required by that section in the annual Country Reports on Human

Rights Practices, including the preparation and publication of

the list described in subsection (a)(1) of that section.(!1)

(d) Authorization of appropriations to Attorney General

To carry out the purposes of section 7105(b) of this title, there

are authorized to be appropriated to the Attorney General

$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year

2002.

(e) Authorization of appropriations to President

(1) Foreign victim assistance

To carry out the purposes of section 7104 of this title, there

are authorized to be appropriated to the President $5,000,000 for

fiscal year 2001, $10,000,000 for fiscal year 2002, and

$15,000,000 for fiscal year 2003.

(2) Assistance to foreign countries to meet minimum standards

To carry out the purposes of section 2151d (!1) of this title,

there are authorized to be appropriated to the President

$5,000,000 for fiscal year 2001, $10,000,000 for fiscal year

2002, and $15,000,000 for fiscal year 2003.

(f) Authorization of appropriations to the Secretary of Labor

To carry out the purposes of section 7105(b) of this title, there

are authorized to be appropriated to the Secretary of Labor

$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year

2002.

-SOURCE-

(Pub. L. 106-386, div. A, Sec. 113, Oct. 28, 2000, 114 Stat. 1490;

Pub. L. 107-228, div. A, title VI, Sec. 682(b), Sept. 30, 2002, 116

Stat. 1410.)

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REFERENCES IN TEXT

Section 104, referred to in subsecs. (a) and (c)(3), means

section 104 of Pub. L. 106-386, which amended sections 2151n and

2304 of this title. Section 104(a) of Pub. L. 106-386, which does

not contain a par. (1), amended generally subsec. (f) of section

2151n of this title.

Section 2152d of this title, referred to in subsecs. (c)(2) and

(e)(2), was in the original "section 109", meaning section 109 of

Pub. L. 106-386 which was translated as reading section 134 of the

Foreign Assistance Act of 1961 which was enacted by section 109 and

is classified to section 2152d of this title, to reflect the

probable intent of Congress.

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228, Sec. 682(b)(1), substituted

"for each of the fiscal years 2002 and 2003" for "for fiscal year

2002".

Subsec. (c)(1). Pub. L. 107-228, Sec. 682(b)(2)(A), substituted

", $10,000,000 for fiscal year 2002, and $15,000,000 for fiscal

year 2003" for "and $10,000,000 for fiscal year 2002".

Subsec. (c)(2). Pub. L. 107-228, Sec. 682(b)(2)(B), substituted

"there is authorized to be appropriated to the Secretary of State

for each of the fiscal years 2001, 2002, and 2003" for "there are

authorized to be appropriated to the Secretary of State" and "for

such fiscal year" for "for fiscal year 2001".

Subsec. (e)(1), (2). Pub. L. 107-228, Sec. 682(b)(3), substituted

", $10,000,000 for fiscal year 2002, and $15,000,000 for fiscal

year 2003" for "and $10,000,000 for fiscal year 2002".

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(!1) See References in Text note below.

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