Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
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description: "Definitions"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "78"
chapter_name: "TRAFFICKING VICTIMS PROTECTION"
section: "7102"
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# 22 U.S.C. § 7102 - Definitions
## Text
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 administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) 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 Foreign Affairs 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 government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively underway.
(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particularly vulnerable populations, involving survivors of trafficking in community engagement and policy making, engagement with foreign migrants, ending recruitment fees, and other such measures.
(H) Victim services offered, including immigration services and restitution.
(I) The amount of money the government has committed to the actions described in subparagraphs (A) through (H).
(6) Credible information The term “credible information” includes all of the following:
(A) Reports by the Department of State.
(B) Reports of other Federal agencies, including the Department of Labors List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor.
(C) Documentation provided by a foreign country, including—
(i) copies of relevant laws, regulations, and policies adopted or modified; and
(ii) an official record of enforcement actions taken, judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided.
(D) Materials developed by civil society organizations.
(E) Information from survivors of human trafficking, vulnerable persons, and whistleblowers.
(F) All relevant media and academic reports that, in light of reason and common sense, are worthy of belief.
(G) Information developed by multilateral institutions.
(H) An assessment of the impact of the actions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country.
(7) Debt bondage 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.
(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 person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(9) Minimum standards for the elimination of trafficking The term “minimum standards for the elimination of trafficking” means the standards set forth in section 7106 of this title.
(10) 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.] in support of programs of nongovernmental organizations that is made available for any program, project, or activity eligible for assistance under chapter 1 of part I of that Act [22 U.S.C. 2151 et seq.];
(ii) assistance under chapter 8 of part I of that Act [22 U.S.C. 2291 et seq.];
(iii) any other narcotics-related assistance under part I of that Act [22 U.S.C. 2151 et seq.] or under chapter 4 or 5 11 So in original. Probably should be followed by “of”. part II of that Act [22 U.S.C. 2346 et seq., 2347 et seq.], but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of that Act [22 U.S.C. 23941];
(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 22 See References in Text note below. of that Act;
(viii) any support under subchapter II of chapter 103 of this title relating to the United States International Development Finance Corporation;
(ix) other programs involving trade-related or humanitarian assistance; and
(B) sales, or financing on any terms, under the Arms Export Control Act [22 U.S.C. 2751 et seq.], other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 23941].
(11) 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.
(12) Sex trafficking The term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.
(13) 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.
(14) Task Force The term “Task Force” means the Interagency Task Force to Monitor and Combat Trafficking established under section 7103 of this title.
(15) 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.
(16) 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 (11).
(17) Victim of trafficking The term “victim of trafficking” means a person subjected to an act or practice described in paragraph (11) or (12).
(18) Grounds related to human trafficking The term “grounds related to human trafficking” means grounds related to the criteria for inadmissibility to the United States described in subsection (a)(2)(H) of section 1182 of title 8.
(Pub. L. 106386, div. A, § 103, Oct. 28, 2000, 114 Stat. 1469; Pub. L. 108193, § 8(b)(1), Dec. 19, 2003, 117 Stat. 2887; Pub. L. 110457, title III, § 304(a), Dec. 23, 2008, 122 Stat. 5087; Pub. L. 1134, title XII, § 1212(b)(1), Mar. 7, 2013, 127 Stat. 143; Pub. L. 11422, title I, § 108(b), May 29, 2015, 129 Stat. 239; Pub. L. 115254, div. F, title VI, § 1470(p), Oct. 5, 2018, 132 Stat. 3518; Pub. L. 115427, § 2, Jan. 9, 2019, 132 Stat. 5503; Pub. L. 116283, div. A, title XII, § 1299R(d)(2), Jan. 1, 2021, 134 Stat. 4028; Pub. L. 11973, § 7, Jan. 23, 2026, 139 Stat. 2009.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this division”, meaning division A of Pub. L. 106386, Oct. 28, 2000, 114 Stat. 1466, known as the Trafficking Victims Protection Act of 2000, which is classified principally to this chapter. For complete classification of division A to the Code, see Short Title note set out under section 7101 of this title and Tables. The Foreign Assistance Act of 1961, referred to in par. (10)(A), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. Chapters 1, 8, and 9 of part I of the Act are classified generally to parts I (§ 2151 et seq.), VIII (§ 2291 et seq.), and IX (§ 2292 et seq.), respectively, of subchapter I of chapter 32 of this title. Title IV of chapter 2 of part I of the Act was classified generally to subpart iv (§ 2191 et seq.) of part II of subchapter I of chapter 32 of this title, and was repealed, except for subsections (g), (l), (m), and (n) of section 2197 of this title, by Pub. L. 115254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513, effective at the end of the transition period, as defined in section 9681 of this title. Chapters 4, 5, and 8 of part II of the Act are classified generally to part IV (§ 2346 et seq.), part V (§ 2347 et seq.), and part VIII (§ 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. (10)(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 (§ 2151 et seq.) and X (§ 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. (10)(B), is Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 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.
Amendments2026—Par. (16). Pub. L. 11973, § 7(1), substituted “paragraph (11)” for “paragraph (9)”. Par. (17). Pub. L. 11973, § 7(2), substituted “paragraph (11) or (12)” for “paragraph (9) or (10)”. 2021—Par. (18). Pub. L. 116283 added par. (18). 2019—Pars. (5) to (17). Pub. L. 115427 added pars. (5) and (6) and redesignated former pars. (5) to (15) as (7) to (17), respectively. 2018—Par. (8)(A)(viii). Pub. L. 115254 amended cl. (viii) generally. Prior to amendment, cl. (viii) read as follows: “programs under title IV of chapter 2 of part I of that Act, relating to the Overseas Private Investment Corporation; and”. 2015—Par. (10). Pub. L. 11422 substituted “obtaining, patronizing, or soliciting” for “or obtaining”. 2013—Pub. L. 1134 added par. (1), redesignated former pars. (1) to (14) as (2) to (15), respectively, and substituted “paragraph (9)” for “paragraph (8)” in par. (14) and “paragraph (9) or (10)” for “paragraph (8) or (9)” in par. (15). 2008—Par. (1). Pub. L. 110457 substituted “Committee on Foreign Affairs” for “Committee on International Relations”. 2003—Par. (7)(A)(i). Pub. L. 108193 inserted “in support of programs of nongovernmental organizations” before “that is made available”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115254, set out as a note under section 905 of Title 2, The Congress.
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# 22 U.S.C. § 7103a - Creating, building, and strengthening partnerships against significant trafficking in persons
## Text
(a) Declaration of purpose The purpose of this section is to promote collaboration and cooperation—
(1) between the United States Government and governments listed on the annual Trafficking in Persons Report;
(2) between foreign governments and civil society actors; and
(3) between the United States Government and private sector entities.
(b) Partnerships The Director of the office established pursuant to section 7103(e)(1) of this title, in coordination and cooperation with other officials at the Department of State, officials at the Department of Labor, and other relevant officials of the United States Government, shall promote, build, and sustain partnerships between the United States Government and private entities, including foundations, universities, corporations, community-based organizations, and other nongovernmental organizations, to ensure that—
(1) United States citizens do not use any item, product, or material produced or extracted with the use and labor from victims of severe forms of trafficking; and
(2) such entities do not contribute to trafficking in persons involving sexual exploitation.
(c) Program to address emergency situations The Secretary of State, acting through the Director established pursuant to section 7103(e)(1) of this title, is authorized to establish a fund to assist foreign governments in meeting unexpected, urgent needs in prevention of trafficking in persons, protection of victims, and prosecution of trafficking offenders.
(d) Child protection compacts (1) In general The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Labor, and the heads of other relevant agencies, is authorized to provide assistance under this section for each country that enters into a child protection compact with the United States to support policies and programs that—
(A) prevent and respond to violence, exploitation, and abuse against children; and
(B) measurably reduce the trafficking of minors by building sustainable and effective systems of justice, prevention, and protection.
(2) Elements A child protection compact under this subsection shall establish a multi-year plan for achieving shared objectives in furtherance of the purposes of this chapter. The compact should take into account, if applicable, the national child protection strategies and national action plans for human trafficking of a country, and shall describe—
(A) the specific objectives the foreign government and the United States Government expect to achieve during the term of the compact;
(B) the responsibilities of the foreign government and the United States Government in the achievement of such objectives;
(C) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative by both countries;
(D) regular outcome indicators to monitor and measure progress toward achieving such objectives;
(E) a multi-year financial plan, including the estimated amount of contributions by the United States Government and the foreign government, and proposed mechanisms to implement the plan and provide oversight;
(F) how a country strategy will be developed to sustain progress made toward achieving such objectives after expiration of the compact; and
(G) how child protection data will be collected, tracked, and managed to provide strengthened case management and policy planning.
(3) Form of assistance Assistance under this subsection may be provided in the form of grants, cooperative agreements, or contracts to or with national governments, regional or local governmental units, or non-governmental organizations or private entities with expertise in the protection of victims of severe forms of trafficking in persons.
(4) Eligible countries The Secretary of State, in consultation with the agencies set forth in paragraph (1) and relevant officers of the Department of Justice, shall select countries with which to enter into child protection compacts. The selection of countries under this paragraph shall be based on—
(A) the selection criteria set forth in paragraph (5); and
(B) objective, documented, and quantifiable indicators, to the maximum extent possible.
(5) Selection criteria A country shall be selected under paragraph (4) on the basis of criteria developed by the Secretary of State in consultation with the Administrator of the United States Agency for International Development and the Secretary of Labor. Such criteria shall include—
(A) a documented high prevalence of trafficking in persons within the country; and
(B) demonstrated political motivation and sustained commitment by the government of such country to undertake meaningful measures to address severe forms of trafficking in persons, including prevention, protection of victims, and the enactment and enforcement of anti-trafficking laws against perpetrators.
(6) Suspension and termination of assistance (A) In general The Secretary may suspend or terminate assistance provided under this subsection in whole or in part for a country or entity if the Secretary determines that—
(i) the country or entity is engaged in activities that are contrary to the national security interests of the United States;
(ii) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or
(iii) the country or entity has failed to adhere to its responsibilities under the Compact.
(B) Reinstatement The Secretary may reinstate assistance for a country or entity suspended or terminated under this paragraph only if the Secretary determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subparagraph (A).
(Pub. L. 106386, div. A, § 105A, as added Pub. L. 1134, title XII, § 1202, Mar. 7, 2013, 127 Stat. 136.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (d)(2), was in the original “this Act”, meaning the Trafficking Victims Protection Act of 2000, as indicated by the directory language of section 1202 of Pub. L. 1134 which added this section. The Trafficking Victims Protection Act of 2000 is div. A of Pub. L. 106386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to this chapter. For complete classification of div. A to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 22 U.S.C. § 7103b - Survivors of Human Trafficking Empowerment Act
## Text
(a) Short title This section may be cited as the “Survivors of Human Trafficking Empowerment Act”.
(b) Establishment There is established the United States Advisory Council on Human Trafficking (referred to in this section as the “Council”), which shall provide advice and recommendations to the Senior Policy Operating Group established under section 7103(g) of this title (referred to in this section as the “Group”) and the Presidents Interagency Task Force to Monitor and Combat Trafficking established under section 7103(a) of such title (referred to in this section as the “Task Force”).
(c) Membership (1) Composition The Council shall be composed of not less than 8 and not more than 14 individuals who are survivors of human trafficking.
(2) Representation of survivors To the extent practicable, members of the Council shall be survivors of trafficking, who shall accurately reflect the diverse backgrounds of survivors of trafficking, including—
(A) survivors of sex trafficking and survivors of labor trafficking; and
(B) survivors who are United States citizens and survivors who are aliens lawfully present in the United States.
(3) Appointment Not later than 180 days after May 29, 2015, the President shall appoint the members of the Council.
(4) Term; reappointment Each member of the Council shall serve for a term of 2 years and may be reappointed by the President to serve 1 additional 2-year term.
(d) Functions The Council shall—
(1) be a nongovernmental advisory body to the Group;
(2) meet, at its own discretion or at the request of the Group, not less frequently than annually to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims and serve as a point of contact for Federal agencies reaching out to human trafficking survivors for input on programming and policies relating to human trafficking in the United States;
(3) formulate assessments and recommendations to ensure that policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and
(4) meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council.
(e) Reports Not later than 1 year after May 29, 2015, and each year thereafter until the date described in subsection (h),11 See References in Text note below. the Council shall submit a report that contains the findings derived from the reviews conducted pursuant to subsection (d)(2) to—
(1) the chair of the Task Force;
(2) the members of the Group;
(3) the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representatives; and
(4) the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
(f) Employee status Members of the Council—
(1) shall not be considered employees of the Federal Government for any purpose;
(2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5; and
(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.
(g) Nonapplicability of FACA The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.).1
(Pub. L. 11422, title I, § 115, May 29, 2015, 129 Stat. 243; Pub. L. 115425, title I, § 114, Jan. 8, 2019, 132 Stat. 5477; Pub. L. 116283, div. A, title XII, § 1299R(c)(1), (2), Jan. 1, 2021, 134 Stat. 4027; Pub. L. 117348, title I, § 102, Jan. 5, 2023, 136 Stat. 6215.)
## Notes
Editorial Notes
References in TextSubsection (h), referred to in subsec. (e), was struck out by Pub. L. 117348, title I, § 102, Jan. 5, 2023, 136 Stat. 6215. The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Codification Section was enacted as the Survivors of Human Trafficking Empowerment Act, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2023—Subsec. (h). Pub. L. 117348 struck out subsec. (h). Prior to amendment, text read as follows: “The Council shall terminate on September 30, 2025.” 2021—Subsec. (f)(3). Pub. L. 116283, § 1299R(c)(2), added par. (3). Subsec. (h). Pub. L. 116283, § 1299R(c)(1), substituted “September 30, 2025” for “September 30, 2021”. 2019—Subsec. (f)(2). Pub. L. 115425, § 114(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.” Subsec. (h). Pub. L. 115425, § 114(2), substituted “2021” for “2020”.
Statutory Notes and Related Subsidiaries
SeverabilityPub. L. 117348, title III, § 301, Jan. 5, 2023, 136 Stat. 6224, provided that: “If any provision of this Act [see Short Title of 2023 Amendment note set out under section 7101 of this title] or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.”
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---
# 22 U.S.C. § 7104 - Prevention of trafficking
## Text
(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 womens participation in economic decisionmaking;
(3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking;
(4) development of educational curricula regarding the dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries.
(b) Public awareness and information (1) In general 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.
(2) Grants to assist in the recognition of trafficking (A) Definitions In this paragraph:
(i) ESEA terms The terms “elementary school”, “local educational agency”, “other staff”, and “secondary school” have the meanings given the terms in section 7801 of title 20.
(ii) High-intensity child sex trafficking area The term “high-intensity child sex trafficking area” means a metropolitan area designated by the Director of the Federal Bureau of Investigation as having a high rate of children involved in sex trafficking.
(iii) Labor trafficking The term “labor trafficking” means conduct described in section 7102(9)(B) 11 See References in Text note below. of this title.
(iv) School staff The term “school staff” means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools.
(v) Sex trafficking The term “sex trafficking” means the conduct described in section 7102(9)(A) 1 of this title.
(B) In general The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Labor, may award grants to local educational agencies, in partnership with a nonprofit, nongovernmental agency, to establish, expand, and support programs—
(i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and
(ii) to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking.
(C) Program requirements Amounts awarded under this paragraph shall be used for—
(i) education regarding—
(I) avoiding becoming victims of labor trafficking and sex trafficking;
(II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking;
(III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking;
(IV) reporting requirements and procedures in accordance with applicable Federal and State law; and
(V) how to carry out activities authorized under subparagraph (A)(ii); and
(ii) a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking.
(D) Priority In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area.
(c) Border interdiction The President shall establish and carry out programs of border interdiction outside the United States. Such programs shall include providing grants to foreign nongovernmental organizations that provide for transit shelters operating at key border crossings and that help train survivors of trafficking in persons to educate and train border guards and officials, and other local law enforcement officials, to identify traffickers and victims of severe forms of trafficking, and the appropriate manner in which to treat such victims. Such programs shall also include, to the extent appropriate, monitoring by such survivors of trafficking in persons of the implementation of border interdiction programs, including helping in the identification of such victims to stop the cross-border transit of victims. The President shall ensure that any program established under this subsection provides the opportunity for any trafficking victim who is freed to return to his or her previous residence if the victim so chooses.
(d) International media The President shall establish and carry out programs that support the production of television and radio programs, including documentaries, to inform vulnerable populations overseas of the dangers of trafficking, and to increase awareness of the public in countries of destination regarding the slave-like practices and other human rights abuses involved in trafficking, including fostering linkages between individuals working in the media in different countries to determine the best methods for informing such populations through such media.
(e) Combating international sex tourism (1) Development and dissemination of materials The President, pursuant to such regulations as may be prescribed, shall ensure that materials are developed and disseminated to alert travelers that sex tourism (as described in subsections (b) through (f) of section 2423 of title 18) is illegal, will be prosecuted, and presents dangers to those involved. Such materials shall be disseminated to individuals traveling to foreign destinations where the President determines that sex tourism is significant.
(2) Monitoring of compliance The President shall monitor compliance with the requirements of paragraph (1).
(3) Feasibility report Not later than 180 days after December 19, 2003, the President shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Affairs of the Senate a report that describes the feasibility of such United States Government materials being disseminated through public-private partnerships to individuals traveling to foreign destinations.
(f) Consultation requirement The President shall consult with appropriate nongovernmental organizations with respect to the establishment and conduct of initiatives and programs described in subsections (a) through (e).
(g) Termination of certain grants, contracts and cooperative agreements The President shall ensure that any grant, contract, or cooperative agreement provided or entered into by a Federal department or agency under which funds are to be provided to a private entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, or take any of the other remedial actions authorized under section 7104b(c) of this title, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in—
(1) severe forms of trafficking in persons;
(2) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect;
(3) the use of forced labor in the performance of the grant, contract, or cooperative agreement; or
(4) acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employees identity or immigration documents.
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless—
(i) exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or
(ii) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action.
(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment.
(D) Charging recruited employees placement or recruitment fees.
(E) Providing or arranging housing that fails to meet the host country housing and safety standards.
(h) Prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance The United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafficking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities.
(i) Additional measures to prevent and deter trafficking The President shall establish and carry out programs to prevent and deter trafficking in persons, including—
(1) technical assistance and other support to improve the capacity of foreign governments to investigate, identify, and carry out inspections of private entities, including labor recruitment centers, at which trafficking victims may be exploited, particularly exploitation involving forced and child labor;
(2) technical assistance and other support for foreign governments and nongovernmental organizations to provide immigrant populations with information, in the native languages of the major immigrant groups of such populations, regarding the rights of such populations in the foreign country and local in-country nongovernmental organization-operated hotlines;
(3) technical assistance to provide legal frameworks and other programs to foreign governments and nongovernmental organizations to ensure that—
(A) foreign migrant workers are provided the same protection as nationals of the foreign country;
(B) labor recruitment firms are regulated; and
(C) workers providing domestic services in households are provided protection under labor rights laws; and
(4) assistance to foreign governments to register vulnerable populations as citizens or nationals of the country to reduce the ability of traffickers to exploit such populations.
(j) Prevention of child trafficking through child marriage The Secretary of State shall establish and implement a multi-year, multi-sectoral strategy—
(1) to prevent child marriage;
(2) to promote the empowerment of girls at risk of child marriage in developing countries;
(3) that should address the unique needs, vulnerabilities, and potential of girls younger than 18 years of age in developing countries;
(4) that targets areas in developing countries with high prevalence of child marriage; and
(5) that includes diplomatic and programmatic initiatives.
(k) Agency action to prevent funding of human trafficking (1) In general At the end of each fiscal year, the Secretary of State, the Secretary of Labor, the Administrator of the United States Agency for International Development, and the Director of the Office of Management and Budget shall each submit a report to the Administrator of General Services that includes—
(A) the name and contact information of the individual within the agencys Office of Legal Counsel or Office of Acquisition Policy who is responsible for overseeing the implementation of—
(i) subsection (g);
(ii) title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a et seq.); and
(iii) any regulation in the Federal Acquisition Regulation (48 C.F.R. 1 et seq.) that is related to any subject matter referred to in clause (i) or (ii);
(B) agency action to ensure that contractors are educated on the applicable laws and regulations listed in subparagraph (A);
(C) agency action to ensure that the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for—
(i) ensuring compliance with such laws and regulations;
(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and
(iii) evaluating steps contractors have taken to correct any such violation;
(D) (i) the number of contracts containing language referring to the laws and regulations listed in subparagraph (A); and
(ii) the number of contracts that did not contain any language referring to such laws and regulations;
(E) (i) the number of allegations of severe forms of trafficking in persons received; and
(ii) the source type of the allegation (such as contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract);
(F) (i) the number of such allegations investigated by the agency;
(ii) a summary of any findings from such investigations; and
(iii) any improvements recommended by the agency to prevent such conduct from recurring;
(G) (i) the number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18; and
(ii) the outcomes of such referrals;
(H) any remedial action taken as a result of such investigation, including whether—
(i) a contractor or subcontractor (at any tier) was debarred or suspended due to a violation of a law or regulation relating to severe forms of trafficking in persons; or
(ii) a contract was terminated pursuant to subsection (g) as a result of such violation;
(I) any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons;
(J) any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons; and
(K) any contract with a contractor or subcontractor (at any tier) located outside the United States and the country location, where safe to reveal location, for each such contractor or subcontractor.
(2) Appropriate congressional committees In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs of the House of Representatives;
(B) the Committee on Armed Services of the House of Representatives;
(C) the Committee on Education and the Workforce of the House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the Committee on Oversight and Government Reform of the House of Representatives;
(F) the Committee on Foreign Relations of the Senate;
(G) the Committee on Armed Services of the Senate;
(H) the Committee on the Judiciary of the Senate; and
(I) the Committee on Health, Education, Labor, and Pensions of the Senate.
(l) Information regarding human trafficking-related visa denials (1) In general The Secretary of State shall ensure that the Office to Monitor and Combat Trafficking in Persons and the Bureau of Diplomatic Security of the Department of State receive timely and regular information regarding United States visa denials based, in whole or in part, on grounds related to human trafficking.
(2) Decisions regarding allocation The Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account—
(A) the information described in paragraph (1); and
(B) the information included in the most recent report submitted in accordance with section 7107(b) of this title.
(Pub. L. 106386, div. A, § 106, Oct. 28, 2000, 114 Stat. 1474; Pub. L. 108193, § 3, Dec. 19, 2003, 117 Stat. 2875; Pub. L. 109164, title I, § 101(a), title II, § 201(b), Jan. 10, 2006, 119 Stat. 3560, 3569; Pub. L. 110457, title I, § 103(a), Dec. 23, 2008, 122 Stat. 5046; Pub. L. 112239, div. A, title XVII, § 1702, Jan. 2, 2013, 126 Stat. 2093; Pub. L. 1134, title XII, § 1207(a), Mar. 7, 2013, 127 Stat. 141; Pub. L. 115425, title I, §§ 101(a), 112, Jan. 8, 2019, 132 Stat. 5473, 5476; Pub. L. 115427, § 4, Jan. 9, 2019, 132 Stat. 5504; Pub. L. 116283, div. A, title XII, § 1299R(d)(1), Jan. 1, 2021, 134 Stat. 4027.)
## Notes
Editorial Notes
References in TextSection 7102(9) of this title, referred to in subsec. (b)(2)(A)(iii), (v), was redesignated section 7102(11) of this title by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. Title XVII of the National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (k)(1)(A)(ii), is title XVII of div. A of Pub. L. 112239, Jan. 2, 2013, 126 Stat. 2092. For complete classification of title XVII to the Code, see Tables.
Amendments2021—Subsec. (l). Pub. L. 116283 added subsec. (l). 2019—Subsec. (b). Pub. L. 115425, § 101(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (g)(1) to (4). Pub. L. 115427, § 4(1), redesignated cls. (i) to (iv) as pars. (1) to (4), respectively, and realigned margins. Subsec. (g)(4)(A). Pub. L. 115427, §4(2)(A), redesignated subcl. (I) as subpar. (A) and realigned margins. Subsec. (g)(4)(B). Pub. L. 115427, § 4(2)(A), (B), redesignated subcl. (II) as subpar. (B), realigned margins, and redesignated items (aa) and (bb) as cls. (i) and (ii), respectively, and realigned margins. Subsec. (g)(4)(C). Pub. L. 115427, § 4(2)(A), redesignated subcl. (III) as subpar. (C) and realigned margins. Subsec. (g)(4)(D). Pub. L. 115427, § 4(2)(A), (C), redesignated subcl. (IV) as subpar. (D), realigned margins, and substituted “placement or recruitment fees.” for “unreasonable placement or recruitment fees, such as fees equal to or greater than the employees monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited.” Subsec. (g)(4)(E). Pub. L. 115427, § 4(2)(A), redesignated subcl. (V) as subpar. (E) and realigned margins. Subsec. (k). Pub. L. 115425, § 112, added subsec. (k). 2013—Subsec. (g). Pub. L. 112239 substituted “or take any of the other remedial actions authorized under section 7104b(c) of this title, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in—” and cls. (i) to (iv) for “without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreement.” Subsec. (j). Pub. L. 1134 added subsec. (j). 2008—Subsec. (i). Pub. L. 110457 added subsec. (i). 2006—Subsec. (g). Pub. L. 109164, § 201(b), struck out designation and heading of par. (1) before “The President shall”, “described in paragraph (2)” after “under which funds”, and heading and text of par. (2). Text of par. (2) read as follows: “Funds referred to in paragraph (1) are funds made available to carry out any program, project, or activity abroad funded under major functional budget category 150 (relating to international affairs).” Subsec. (h). Pub. L. 109164, § 101(a), added subsec. (h). 2003—Subsecs. (c) to (f). Pub. L. 108193, § 3(a), added subsecs. (c) to (e), redesignated former subsec. (c) as (f), and in subsec. (f) substituted “initiatives and programs described in subsections (a) through (e)” for “initiatives described in subsections (a) and (b)”. Subsec. (g). Pub. L. 108193, § 3(b), added subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2013 AmendmentRequirements of amendment by Pub. L. 112239 applicable to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after Jan. 2, 2013, and to task and delivery orders awarded on or after Jan. 2, 2013, pursuant to contracts entered before, on, or after such date, see section 7104d(c)(1)(B) of this title.
Annual Reports to Congress on Human Trafficking-Related Visa DenialsPub. L. 116283, div. A, title XII, § 1299R(e), (f), Jan. 1, 2021, 134 Stat. 4028, provided that: “(e) Reports to Congress.—“(1) Initial report.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of State shall provide to the relevant congressional committees a report that—“(A) describes the actions that have been taken and that are planned to implement subsection (l) of section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as added by subsection (d)(1); and “(B) identifies by country and by United States diplomatic or consular post the number of visa applications denied during the previous calendar year with respect to which the basis for such denial, included grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by subsection (d)(2)). “(2) Annual report.—Beginning with the first annual anti-trafficking report that is required under subsection (b)(1) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) to be submitted after the date of the enactment of this Act, and concurrent with each such subsequent submission for the following 7 years, the Secretary of State shall submit to the relevant congressional committees a report that contains information relating to the number and the locations of United States visa denials based, in whole or in part, on grounds related to human trafficking (as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as amended by subsection (d)(2)) during the period covered by each such annual anti-trafficking report. “(f) Definitions.—In this section:“(1) Location of united states visa denials.—The term location of United States visa denials means—“(A) the United States diplomatic or consular post at which a denied United States visa application was adjudicated; and “(B) the city or locality of residence of the applicant whose visa application was so denied. “(2) Relevant congressional committees.—The term relevant congressional committees means—“(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and “(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see section 5 of Ex. Ord. No. 13257, Feb. 13, 2002, 67 F.R. 7259, as amended, set out as a note under section 7103 of this title.
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# 22 U.S.C. § 7104a - Compliance plan and certification requirement
## Text
(a) Requirement The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that—
(1) the recipient has implemented a plan to prevent the activities described in section 7104(g) of this title, as amended by section 1702, and is in compliance with that plan;
(2) the recipient has implemented procedures to prevent any activities described in such section 7104(g) of this title and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient engaging in any activities described in such section; and
(3) to the best of the representatives knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section.
(b) Limitation Any plan or procedures implemented pursuant to subsection (a) shall be appropriate to the size and complexity of the grant, contract, or cooperative agreement and to the nature and scope of its activities, including the number of non-United States citizens expected to be employed.
(c) Disclosure The recipient shall provide a copy of the plan to the contracting or grant officer upon request, and as appropriate, shall post the useful and relevant contents of the plan or related materials on its website and at the workplace.
(d) Guidance The President, in consultation with the Secretary of State, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive agencies as the President deems appropriate, shall establish minimum requirements for contractor plans and procedures to be implemented pursuant to this section.
(Pub. L. 112239, div. A, title XVII, § 1703, Jan. 2, 2013, 126 Stat. 2094.)
## Notes
Editorial Notes
References in TextSection 7104(g) of this title, as amended by section 1702, referred to in subsec. (a)(1), means section 7104(g) of this title, as amended by section 1702 of Pub. L. 112239.
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateRequirements of section applicable to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after Jan. 2, 2013, and to task and delivery orders awarded on or after Jan. 2, 2013, pursuant to contracts entered before, on, or after such date, see section 7104d(c)(1)(B) of this title.
Definitions Pub. L. 112239, div. A, title XVII, § 1701, Jan. 2, 2013, 126 Stat. 2092, provided that: “In this title [title XVII (§§ 17011708) of div. A of Pub. L. 112239, enacting this section and sections 7104b to 7104d of this title, amending sections 7103 and 7104 of this title, section 1351 of Title 18, Crimes and Criminal Procedure, and section 2313 of Title 41, Public Contracts, and enacting provisions set out as a note under section 1101 of Title 8, Aliens and Nationality]: “(1) Executive agency.—The term executive agency has the meaning given the term in section 133 of title 41, United States Code. “(2) Subcontractor.—The term subcontractor means a recipient of a contract at any tier under a grant, contract, or cooperative agreement. “(3) Subgrantee.—The term subgrantee means a recipient of a grant at any tier under a grant or cooperative agreement. “(4) United states.—The term United States has the meaning provided in section 103(12) [now 103(15)] of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12) [now 7102(15)]).”
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# 22 U.S.C. § 7104b - Monitoring and investigation of trafficking in persons
## Text
(a) Referral and investigation (1) Referral If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in section 7104(g) of this title, as amended by section 1702, including a report from a contracting officer representative, an auditor, an alleged victim or victims representative, or any other credible source, the contracting or grant officer shall promptly refer the matter to the agencys Office of Inspector General for investigation. The contracting officer may also direct the contractor to take specific steps to abate an alleged violation or enforce the requirements of a compliance plan implemented pursuant to section 7104a of this title.
(2) Investigation An Inspector General who receives a referral under paragraph (1) or otherwise receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in section 7104(g) of this title, as amended by section 1702, shall promptly review the referral or information and determine whether to initiate an investigation of the matter. In the event that an Inspector General does not initiate an investigation, the Inspector General shall document the rationale for the decision not to investigate.
(3) Criminal investigation If the matter is referred to the Department of Justice for criminal prosecution, the Inspector General may suspend any investigation under this subsection pending the outcome of the criminal prosecution. The Inspector General shall notify the head of the executive agency that awarded the contract, grant, or cooperative agreement of an indictment, information, or criminal complaint against the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor. If the criminal investigation results in a decision not to prosecute, the Inspector General shall promptly determine whether to resume any investigation that was suspended pursuant to this paragraph. In the event that an Inspector General does not resume an investigation, the Inspector General shall document the rationale for the decision.
(b) Report Upon completion of an investigation under subsection (a), the Inspector General shall submit a report on the investigation to the head of the executive agency that awarded the contract, grant, or cooperative agreement. The report shall include the Inspector Generals conclusions regarding whether or not any allegations that the recipient of a grant, contract, or cooperative agreement; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, engaged in any of the activities described in section 7104(g) of this title, as amended by section 1702, are substantiated.
(c) Remedial actions (1) In general Upon receipt of an Inspector Generals report substantiating an allegation that the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, engaged in any of the activities described in section 7104(g) of this title, as amended by section 1702, or notification of an indictment, information, or criminal complaint for an offense under subsection (a)(3), the head of agency shall refer the matter to the agency suspension and debarment official and consider taking one or more of the following remedial actions:
(A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement.
(B) Requiring the recipient to terminate a subcontract or subgrant.
(C) Suspending payments under the grant, contract, or cooperative agreement until such time as the recipient of the grant, contract, or cooperative agreement has taken appropriate remedial action.
(D) Withholding award fees, consistent with the award fee plan, for the performance period in which the agency determined the contractor or subcontractor engaged in any of the activities described in such section 7104(g) of this title.
(E) Declining to exercise available options under the contract.
(F) Terminating the contract for default or cause, in accordance with the termination clause for the contract.
(2) Savings clause Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government.
(3) Mitigating factor Where applicable, the head of an executive agency may consider whether the contractor or grantee had a plan in place under section 7104a of this title, and was in compliance with that plan at the time of the violation, as a mitigating factor in determining which remedies, if any, should apply.
(4) Aggravating factor Where applicable, the head of an executive agency may consider the failure of a contractor or grantee to abate an alleged violation or enforce the requirements of a compliance plan when directed by a contracting officer pursuant to subsection (a)(1) as an aggravating factor in determining which remedies, if any, should apply.
(d) Inclusion of report conclusions in FAPIIS (1) In general The head of an executive agency shall ensure that any substantiated allegation in the report under subsection (b) is included in the Federal Awardee Performance and Integrity Information System (FAPIIS) and that the contractor has an opportunity to respond to any such report in accordance with applicable statutes and regulations.
(2) Omitted
(Pub. L. 112239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094; Pub. L. 117211, § 2(a), Oct. 17, 2022, 136 Stat. 2248.)
## Notes
Editorial Notes
References in TextSection 7104(g) of this title, as amended by section 1702, referred to in subsecs. (a)(1), (2), (b), and (c)(1), means section 7104(g) of this title, as amended by section 1702 of Pub. L. 112239.
Codification Section is comprised of section 1704 of Pub. L. 112239. Subsec. (d)(2) of section 1704 of Pub. L. 112239 amended section 2313 of Title 41, Public Contracts. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2022—Subsec. (c)(1). Pub. L. 117211, § 2(a)(1), which directed insertion of “refer the matter to the agency suspension and debarment official and” before “consider taking one of the following actions”, was executed in introductory provisions by making the insertion before “consider taking one or more of the following remedial actions” to reflect the probable intent of Congress. Subsec. (c)(1)(G). Pub. L. 117211, § 2(a)(2), struck out subpar. (G) which read as follows: “Referring the matter to the agency suspension and debarment official.”
Statutory Notes and Related Subsidiaries
Effective DateRequirements of subsec. (c) and second sentence of subsec. (a)(1) of this section applicable to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after Jan. 2, 2013, and to task and delivery orders awarded on or after Jan. 2, 2013, pursuant to contracts entered before, on, or after such date, see section 7104d(c)(1)(B) of this title.
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# 22 U.S.C. § 7104c - Notification to Inspectors General and cooperation with government
## Text
The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement—
(1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible information that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, has engaged in conduct described in section 7104(g) of this title, as amended by section 1702 of this Act; and
(2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons.
(Pub. L. 112239, div. A, title XVII, § 1705, Jan. 2, 2013, 126 Stat. 2097.)
## Notes
Editorial Notes
References in TextSection 7104(g) of this title, as amended by section 1702 of this Act, referred to in par. (1), means section 7104(g) of this title, as amended by section 1702 of Pub. L. 112239.
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
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# 22 U.S.C. § 7104d - Rules of construction; effective date
## Text
(a) Liability Excluding section 1706, nothing in this title shall be construed to supersede, enlarge, or diminish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702.
(b) Authority of Department of Justice Nothing in this title shall be construed as diminishing or otherwise modifying the authority of the Attorney General to investigate activities covered by this title.
(c) Implementation and effective dates (1) Contracting requirements (A) Not later than 270 days after January 2, 2013, the Federal Acquisition Regulation shall be amended to carry out the requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title.
(B) The requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title, shall apply to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after January 2, 2013, and to task and delivery orders awarded on or after such date pursuant to contracts entered before, on, or after such date.
(2) Investigative and procedural requirements Federal agencies shall implement the requirements of sections 1704, 1705, and 1707 (other than subsection (c) of section 1704) not later than 90 days after January 2, 2013.
(3) Criminal law changes The amendments made by section 1706 shall take effect upon the date of enactment and shall apply to conduct taking place on or after such date.
(Pub. L. 112239, div. A, title XVII, § 1708, Jan. 2, 2013, 126 Stat. 2098.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, is title XVII of div. A of Pub. L. 112239, which enacted this section and sections 7104a to 7104c of this title, amended sections 7103 and 7104 of this title, section 1351 of Title 18, Crimes and Criminal Procedure, and section 2313 of Title 41, Public Contracts, and enacted provisions set out as a note under section 1101 of Title 8, Aliens and Nationality. For complete classification of title XVII to the Code, see Tables. Section 1706, referred to in subsecs. (a) and (c)(3), is section 1706 of Pub. L. 112239, which amended section 1351 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1101 of Title 8, Aliens and Nationality. Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702, referred to in subsec. (a), means section 7104(g) of this title, as amended by section 1702 of Pub. L. 112239. Section 1702, referred to in subsecs. (a) and (c)(1), is section 1702 of Pub. L. 112239, which amended section 7104 of this title. Section 1703, referred to in subsec. (c)(1), is section 1703 of Pub. L. 112239, which is classified to section 7104a of this title. Section 1704, referred to in subsec. (c)(1), (2), is section 1704 of Pub. L. 112239, which enacted section 7104b of this title and amended section 2313 of Title 41, Public Contracts. Section 1705, referred to in subsec. (c)(2), is section 1705 of Pub. L. 112239, which is classified to section 7104c of this title. Section 1707, referred to in subsec. (c)(2), is section 1707 of Pub. L. 112239, which amended section 7103 of this title. The date of enactment, referred to in subsec. (c)(3), probably means the date of enactment of Pub. L. 112239, which was approved Jan. 2, 2013.
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
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# 22 U.S.C. § 7104e - Preventing future trafficking in the United States through receipt of complaints abroad
## Text
(a) In general The Secretary of State shall ensure that each diplomatic or consular post or other mission designates an employee to be responsible for receiving information from—
(1) any person who was a victim of a severe form of trafficking in persons (as such term is defined in section 7102(14) 11 See References in Text note below. of this title) while present in the United States; or
(2) any person who has information regarding a victim described in paragraph (1).
(b) Provision of information Any information received pursuant to subsection (a) shall be transmitted to the Department of Justice, the Department of Labor, the Department of Homeland Security, and to any other relevant Federal agency for appropriate response. The Attorney General, the Secretary of Labor, the Secretary of Homeland Security, and the head of any other such relevant Federal agency shall establish a process to address any actions to be taken in response to such information.
(c) Assistance from foreign governments The employee designated for receiving information pursuant to subsection (a) should coordinate with foreign governments or civil society organizations in the countries of origin of victims of severe forms of trafficking in persons, with the permission of and without compromising the safety of such victims, to ensure that such victims receive any additional support available.
(Pub. L. 115425, title I, § 102, Jan. 8, 2019, 132 Stat. 5474.)
## Notes
Editorial Notes
References in TextSection 7102(14) of this title, referred to in subsec. (a)(1), was redesignated section 7102(16) of this title by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
Codification Section was enacted as part of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
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# 22 U.S.C. § 7105a - Increasing effectiveness of anti-trafficking programs
## Text
(a) Awarding of grants, cooperative agreements, and contracts In administering funds made available to carry out this Act within and outside the United States—
(1) solicitations of grants, cooperative agreements, and contracts for such programs shall be made publicly available;
(2) grants, cooperative agreements, and contracts shall be subject to full and open competition, in accordance with applicable laws; and
(3) the internal department or agency review process for such grants, cooperative agreements, and contracts shall not be subject to ad hoc or intermittent review or influence by individuals or organizations outside the United States Government except as provided under paragraphs (1) and (2).
(b) Eligibility (1) In general An applicant desiring a grant, contract, or cooperative agreement under this Act shall certify that, to the extent practicable, persons or entities providing legal services, social services, health services, or other assistance have completed, or will complete, training in connection with trafficking in persons.
(2) Disclosure If appropriate, applicants should indicate collaboration with nongovernmental organizations, including organizations with expertise in trafficking in persons.
(c) Evaluation of anti-trafficking programs (1) In general The President shall establish a system to evaluate the effectiveness and efficiency of the assistance provided under anti-trafficking programs established under this Act on a program-by-program basis in order to maximize the long-term sustainable development impact of such assistance.
(2) Requirements In carrying out paragraph (1), the President shall—
(A) establish performance goals for the assistance described in paragraph (1), expressed in an objective and quantifiable form, to the extent practicable;
(B) ensure that performance indicators are used for programs authorized under this Act to measure and assess the achievement of the performance goals described in subparagraph (A);
(C) provide a basis for recommendations for adjustments to the assistance described in paragraph (1) to enhance the impact of such assistance; and
(D) ensure that evaluations are conducted by subject matter experts in and outside the United States Government, to the extent practicable.
(d) Targeted use of anti-trafficking programs In providing assistance under this chapter, the President should take into account the priorities and country assessments contained in the most recent report submitted by the Secretary of State to Congress pursuant to section 7107(b) of this title.
(e) Consistency with other programs The President shall ensure that the design, monitoring, and evaluation of United States assistance programs for emergency relief, development, and poverty alleviation under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and other similar United States assistance programs are consistent with United States policies and other United States programs relating to combating trafficking in persons.
(f) Authorization of appropriations For each of the fiscal years 2008 through 2011, not more than 5 percent of the amounts made available to carry out this chapter may be used to carry out this section, including—
(1) evaluations of promising anti-trafficking programs and projects funded by the disbursing agency pursuant to this Act; and
(2) evaluations of emerging problems or global trends.
(Pub. L. 106386, div. A, § 107A, as added Pub. L. 110457, title I, § 105, Dec. 23, 2008, 122 Stat. 5047.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106386, Oct. 28, 2000, 114 Stat. 1464. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. This chapter, referred to in subsecs. (d) and (f), was in the original “this division”, meaning division A of Pub. L. 106386, Oct. 28, 2000, 114 Stat. 1466, known as the Trafficking Victims Protection Act of 2000, which is classified principally to this chapter. For complete classification of division A to the Code, see Short Title note set out under section 7101 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (e), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. Chapter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) 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.
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# 22 U.S.C. § 7105b - Improving domestic victim screening procedures
## Text
(a) Victim screening tools Not later than October 1, 2018, the Attorney General shall compile and disseminate, to all grantees who are awarded grants to provide victims services under subsection (b) or (f) of section 7105 of this title, information about reliable and effective tools for the identification of victims of human trafficking.
(b) Use of screening procedures Beginning not later than October 1, 2018, the Attorney General, in consultation with the Secretary of Health and Human Services, shall identify recommended practices for the screening of human trafficking victims and shall encourage the use of such practices by grantees receiving a grant to provide victim services to youth under subsection (b) or (f) of section 7105 of this title.
(Pub. L. 106386, div. A, § 107B, as added Pub. L. 115393, title III, § 303(a), Dec. 21, 2018, 132 Stat. 5273.)
## Notes
Editorial Notes
References in TextSubsection (f) of section 7105 of this title, referred to in text, was in the original a reference to subsec. (f) of section 107 of Pub. L. 106386 and was translated as referring to section 7105(f) of this title, which relates to assistance for trafficking victims who are United States citizens and lawful permanent residents. Another subsec. (f) of section 107 of Pub. L. 106386 amended section 1255 of Title 8, Aliens and Nationality.
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# 22 U.S.C. § 7108 - Actions against significant traffickers in persons
## Text
(a) Authority to sanction significant traffickers in persons (1) In general The President may exercise the authorities set forth in section 1702 of title 50 without regard to section 1701 of title 50, or section 10102 of this title, in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States.
(B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A).
(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.
(2) Penalties 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), 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), 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).
(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).
(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).
(Pub. L. 106386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484; Pub. L. 115425, title I, § 124, Jan. 8, 2019, 132 Stat. 5479.)
## Notes
Editorial Notes
Codification Section is comprised of section 111 of Pub. L. 106386. Subsec. (d) of section 111 of Pub. L. 106386 amended section 1182 of Title 8, Aliens and Nationality.
Amendments2019—Subsec. (a)(1). Pub. L. 115425, § 124(1), inserted “, or section 10102 of this title,” after “without regard to section 1701 of title 50” in introductory provisions. Subsec. (a)(1)(D). Pub. L. 115425, § 124(2), added subpar. (D).
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# 22 U.S.C. § 7109 - Strengthening prosecution and punishment of traffickers
## Text
(a) Omitted
(b) Amendment to the Sentencing Guidelines (1) Pursuant to its authority under section 994 of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [29 U.S.C. 201 et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [29 U.S.C. 1801 et seq.].
(2) In carrying out this subsection, the Sentencing Commission shall—
(A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that—
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant violations;
(iii) involve the use or threatened use of a dangerous weapon; or
(iv) result in the death or bodily injury of any person.
(3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.
(Pub. L. 106386, div. A, § 112, Oct. 28, 2000, 114 Stat. 1486.)
## Notes
Editorial Notes
References in TextThe 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, which is classified generally to chapter 8 (§ 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. 97470, Jan. 14, 1983, 96 Stat. 2584, which is classified generally to chapter 20 (§ 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. 100182, 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.
Codification Section is comprised of section 112 of Pub. L. 106386. Subsec. (a) of section 112 of Pub. L. 106386 enacted sections 1589 to 1594 of Title 18, Crimes and Criminal Procedure, and amended sections 1581, 1583, and 1584 of Title 18.
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# 22 U.S.C. § 7109a - Research on domestic and international trafficking in persons
## Text
(a) In general The President, acting through the Council of Economic Advisors, the National Research Council of the National Academies, the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, the Secretary of State, the Administrator of the United States Agency for International Development, and the Director of National Intelligence, shall carry out research, including by providing grants to nongovernmental organizations, as well as relevant United States Government agencies and international organizations, which furthers the purposes of this chapter and provides data to address the problems identified in the findings of this chapter. Such research initiatives shall, to the maximum extent practicable, include, but not be limited to, the following:
(1) The economic causes and consequences of trafficking in persons.
(2) The effectiveness of programs and initiatives funded or administered by Federal agencies to prevent trafficking in persons and to protect and assist victims of trafficking.
(3) The interrelationship between trafficking in persons and global health risks, particularly HIV/AIDS.
(4) Subject to subsection (b), the interrelationship between trafficking in persons and terrorism, including the use of profits from trafficking in persons to finance terrorism.
(5) An effective mechanism for quantifying the number of victims of trafficking on a national, regional, and international basis, which shall include, not later than 2 years after December 23, 2008, the establishment and maintenance of an integrated database within the Human Smuggling and Trafficking Center.
(6) The abduction and enslavement of children for use as soldiers, including steps taken to eliminate the abduction and enslavement of children for use as soldiers and recommendations for such further steps as may be necessary to rapidly end the abduction and enslavement of children for use as soldiers.
(b) Role of Human Smuggling and Trafficking Center (1) In general The research initiatives described in paragraphs (4) and (5) of subsection (a) shall be carried out by the Human Smuggling and Trafficking Center, established under section 1777 of title 8.
(2) Database The database described in subsection (a)(5) shall be established by combining all applicable data collected by each Federal department and agency represented on the Interagency Task Force to Monitor and Combat Trafficking, consistent with the protection of sources and methods, and, to the maximum extent practicable, applicable data from relevant international organizations, to—
(A) improve the coordination of the collection of data related to trafficking in persons by each agency of the United States Government that collects such data;
(B) promote uniformity of such data collection and standards and systems related to such collection;
(C) undertake a meta-analysis of patterns of trafficking in persons, slavery, and slave-like conditions to develop and analyze global trends in human trafficking;
(D) identify emerging issues in human trafficking and establishing integrated methods to combat them; and
(E) identify research priorities to respond to global patterns and emerging issues.
(3) Consultation The database established in accordance with paragraph (2) shall be maintained in consultation with the Director of the Office to Monitor and Combat Trafficking in Persons of the Department of State.
(4) Authorization of appropriations There are authorized to be appropriated $1,000,000 to the Human Smuggling and Trafficking Center for each of the fiscal years 2022 through 2027 to carry out the activities described in this subsection.
(c) Definitions In this section:
(1) AIDS The term “AIDS” means the acquired immune deficiency syndrome.
(2) HIV The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
(Pub. L. 106386, div. A, § 112A, as added Pub. L. 108193, § 6(g)(1), Dec. 19, 2003, 117 Stat. 2883; amended Pub. L. 109164, title I, § 104(c)(1), Jan. 10, 2006, 119 Stat. 3564; Pub. L. 110457, title I, § 108(a), Dec. 23, 2008, 122 Stat. 5050; Pub. L. 1134, title XII, § 1251(1), Mar. 7, 2013, 127 Stat. 155; Pub. L. 115393, title III, § 301(a)(1), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 117347, title I, § 105(d)(1), Jan. 5, 2023, 136 Stat. 6204.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this division” meaning division A of Pub. L. 106386, Oct. 28, 2000, 114 Stat. 1466, known as the Trafficking Victims Protection Act of 2000, which is classified principally to this chapter. For complete classification of division A to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments2023—Subsec. (b)(4). Pub. L. 117347 substituted “2022 through 2027” for “2018 through 2021”. 2018—Subsec. (b)(4). Pub. L. 115393 substituted “2018 through 2021” for “2014 through 2017”. 2013—Subsec. (b)(4). Pub. L. 1134 substituted “$1,000,000” for “$2,000,000” and “2014 through 2017” for “2008 through 2011”. 2008—Subsec. (a)(5). Pub. L. 110457, § 108(a)(1), amended par. (5) generally. Prior to amendment, text read as follows: “An effective mechanism for quantifying the number of victims of trafficking on a national, regional, and international basis.” Subsec. (b). Pub. L. 110457, § 108(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “The research initiatives described in subsection (a)(4) of this section shall be carried out by the Human Smuggling and Trafficking Center (established pursuant to section 1777 of title 8).” 2006—Pub. L. 109164 designated existing provisions as subsec. (a), inserted subsec. heading, substituted “the Director of National Intelligence” for “the Director of Central Intelligence” in introductory provisions, inserted “, particularly HIV/AIDS” before period at end of par. (3), and added pars. (4) to (6) and subsecs. (b) and (c).
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see section 6 of Ex. Ord. No. 13257, Feb. 13, 2002, 67 F.R. 7259, as amended, set out as a note under section 7103 of this title.
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# 22 U.S.C. § 7109b - Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons
## Text
(a) Establishment of award The President is authorized to establish an award, to be known as the “Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons”, for extraordinary efforts to combat trafficking in persons. To the maximum extent practicable, the Secretary of State shall present the award annually to not more than 5 individuals or organizations, including—
(1) individuals who are United States citizens or foreign nationals; and
(2) United States or foreign nongovernmental organizations.
(b) Selection The President shall establish procedures for selecting recipients of the award authorized under subsection (a).
(c) Ceremony The Secretary of State shall host an annual ceremony for recipients of the award authorized under subsection (a) as soon as practicable after the date on which the Secretary submits to Congress the report required under section 7107(b)(1) of this title. The Secretary of State may pay the travel costs of each recipient and a guest of each recipient who attends the ceremony.
(d) Authorization of appropriations There are authorized to be appropriated, for each of the fiscal years 2022 through 2027, such sums as may be necessary to carry out this section.
(Pub. L. 106386, div. A, § 112B, as added Pub. L. 110457, title I, § 109, Dec. 23, 2008, 122 Stat. 5051; amended Pub. L. 117347, title I, § 105(d)(2), Jan. 5, 2023, 136 Stat. 6204.)
## Notes
Editorial Notes
Amendments2023—Subsec. (d). Pub. L. 117347 substituted “2022 through 2027” for “2008 through 2011”.
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# 22 U.S.C. § 7111 - Report by Secretary of State
## Text
At least 15 days prior to voting for a new or reauthorized peacekeeping mission under the auspices of the United Nations, the North Atlantic Treaty Organization, or any other multilateral organization in which the United States participates (or in an emergency, as far in advance as is practicable), the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and any other appropriate congressional committee a report that contains—
(A) a description of measures taken by the organization to prevent the organizations employees, contractor personnel, and peacekeeping forces serving in the peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation or abuse, and the measures in place to hold accountable any such individuals who engage in any such acts while participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each of the measures referred to in subparagraph (A).
(Pub. L. 109164, title I, § 104(e)(2), Jan. 10, 2006, 119 Stat. 3566; Pub. L. 110457, title III, § 304(b), Dec. 23, 2008, 122 Stat. 5087.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2008—Pub. L. 110457 substituted “Committee on Foreign Affairs” for “Committee on International Relations” in introductory provisions.
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# 22 U.S.C. § 7112 - Additional activities to monitor and combat forced labor and child labor
## Text
(a) Activities of the Department of State (1) Finding Congress finds that in the report submitted to Congress by the Secretary of State in June 2005 pursuant to section 7107(b) of this title, the list of countries whose governments do not comply with the minimum standards for the elimination of trafficking and are not making significant efforts to bring themselves into compliance was composed of a large number of countries in which the trafficking involved forced labor, including the trafficking of women into domestic servitude.
(2) Sense of Congress It is the sense of Congress that the Director of the Office to Monitor and Combat Trafficking of the Department of State should intensify the focus of the Office on forced labor in the countries described in paragraph (1) and other countries in which forced labor continues to be a serious human rights concern.
(3) Information sharing The Secretary of State shall, on a regular basis, provide information relating to child labor and forced labor in the production of goods in violation of international standards to the Department of Labor to be used in developing the list described in subsection (b)(2)(C).
(b) Activities of the Department of Labor (1) In general The Secretary of Labor, acting through the head of the Bureau of International Labor Affairs of the Department of Labor, shall carry out additional activities to monitor and combat forced labor and child labor in foreign countries as described in paragraph (2).
(2) Additional activities described The additional activities referred to in paragraph (1) are—
(A) to monitor the use of forced labor and child labor in violation of international standards;
(B) to provide information regarding trafficking in persons for the purpose of forced labor to the Office to Monitor and Combat Trafficking of the Department of State for inclusion in trafficking in persons report required by section 7107(b) of this title;
(C) to develop and make available to the public a list of goods from countries that the Bureau of International Labor Affairs has reason to believe are produced by forced labor or child labor in violation of international standards, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor;
(D) to work with persons who are involved in the production of goods on the list described in subparagraph (C) to create a standard set of practices that will reduce the likelihood that such persons will produce goods using the labor described in such subparagraph; and
(E) to consult with other departments and agencies of the United States Government to reduce forced and child labor internationally and ensure that products made by forced labor and child labor in violation of international standards are not imported into the United States.
(3) Submission to Congress Not later than December 1, 2014, and every 2 years thereafter, the Secretary of Labor shall submit the list developed under paragraph (2)(C) to Congress.
(Pub. L. 109164, title I, § 105, Jan. 10, 2006, 119 Stat. 3566; Pub. L. 1134, title XII, §§ 1232, 1233, Mar. 7, 2013, 127 Stat. 146; Pub. L. 115425, title I, § 133(a), Jan. 8, 2019, 132 Stat. 5481.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2019—Subsec. (b)(2)(C). Pub. L. 115425 inserted “, including, to the extent practicable, goods that are produced with inputs that are produced with forced labor or child labor” after “international standards”. 2013—Subsec. (a)(3). Pub. L. 1134, § 1233, added par. (3). Subsec. (b)(3). Pub. L. 1134, § 1232, added par. (3).
Statutory Notes and Related Subsidiaries
Consultative Group To Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural ProductsPub. L. 110246, title III, § 3205, June 18, 2008, 122 Stat. 1838, provided for the establishment of a consultative group to make recommendations to the Secretary of Agriculture relating to guidelines to reduce the likelihood that agricultural products imported into the United States were produced with the use of forced labor or child labor and for the groups authority to terminate on Dec. 31, 2012.
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# 22 U.S.C. § 7113 - Accountability
## Text
(a) In general For fiscal year 2013, and each fiscal year thereafter, all grants awarded by the Attorney General under this title or an Act amended by this title shall be subject to the following accountability provisions:
(1) Audit requirement (A) Definition In this paragraph, the term “unresolved audit finding” means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued 11 So in original. Probably should be followed by a period.
(B) Requirement Beginning in the first fiscal year beginning after March 7, 2013, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this title or an Act amended by this title to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(C) Mandatory exclusion A recipient of grant funds under this title or an Act amended by this title that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this title or an Act amended by this title during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
(D) Priority In awarding grants under this title or an Act amended by this title, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this title or an Act amended by this title.
(E) Reimbursement If an entity is awarded grant funds under this title or an Act amended by this title during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—
(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs under this title or an Act amended by this title, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
(B) Prohibition The Attorney General may not award a grant under this title or an Act amended by this title to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.
(C) Disclosure Each nonprofit organization that is awarded a grant under this title or an Act amended by this title and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection.
(3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this title or an Act amended by this title may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this title or an Act amended by this title, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference.
(B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.
(C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph.
(4) Annual certification Beginning in the first fiscal year beginning after March 7, 2013, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether—
(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(B) all mandatory exclusions required under paragraph (1)(C) have been issued;
(C) all reimbursements required under paragraph (1)(E) have been made; and
(D) includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(b) Application to additional grants For purposes of subsection (a), for fiscal year 2018, and each fiscal year thereafter, the term “grant awarded by the Attorney General under this title or an Act amended by this title” includes a grant under any of the following:
(1) Section 20333 of title 34.
(2) The program under section 20709c of title 34.
(Pub. L. 1134, title XII, § 1236, Mar. 7, 2013, 127 Stat. 147; Pub. L. 115393, title VI, § 601, Dec. 21, 2018, 132 Stat. 5278.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, means title XII of Pub. L. 1134, Mar. 7, 2013, 127 Stat. 136. For complete classification of this title to the Code, see Tables.
Codification Section was enacted as part of the Violence Against Women Reauthorization Act of 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Amendments2018—Pub. L. 115393 designated existing provisions as subsec. (a), inserted heading, substituted “For fiscal year 2013, and each fiscal year thereafter, all grants” for “All grants” in introductory provisions, and added subsec. (b).
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chapter_name: "TRAFFICKING VICTIMS PROTECTION"
section: "7114"
citation: "22 U.S.C. § 7114"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 22 U.S.C. § 7114 - Efforts to end modern slavery
## Text
(a) Actions by the Secretary of Defense (1) In general Not later than 90 days after December 23, 2016, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the policies and guidance of the Department of Defense with respect to the education and training on human slavery and the appropriate role of the United States Armed Forces in combatting trafficking in persons that is received by personnel of the Armed Forces, including uniformed personnel and civilians engaged in partnership with foreign nations.
(2) Elements The briefing required under paragraph (1) shall address—
(A) resources available for Armed Forces personnel who become aware of instances of human slavery or trafficking in persons while deployed overseas; and
(B) guidance on the requirement to make official reports through the chain of command, the roles and responsibilities of military and civilian officials of the United States Armed Forces and host nations, circumstances in which members of the Armed Forces are authorized to take immediate action to prevent loss of life or serious injury, and the authority to use appropriate force to stop or prevent sexual abuse or exploitation of children.
(b) Grant authorization The Secretary of State is authorized to make a grant or grants of funding to provide support for transformational programs and projects that seek to achieve a measurable and substantial reduction of the prevalence of modern slavery in targeted populations within partner countries (or jurisdictions thereof).
(c) Monitoring and evaluation Any grantee shall—
(1) develop specific and detailed criteria for the monitoring and evaluation of supported projects;
(2) implement a system for measuring progress against baseline data that is rigorously designed based on international corporate and nongovernmental best practices;
(3) ensure that each supported project is regularly and rigorously monitored and evaluated, on a not less than biennial basis, by an independent monitoring and evaluation entity, against the specific and detailed criteria established pursuant to paragraph (1), and that the progress of the project towards its stated goals is measured by such entity against baseline data;
(4) support the development of a scientifically sound, representative survey methodology for measuring prevalence with reference to existing research and experience, and apply the methodology consistently to determine the baseline prevalence in target populations and outcomes in order to periodically assess progress in reducing prevalence; and
(5) establish, and revise on a not less than annual basis, specific and detailed criteria for the suspension and termination, as appropriate, of projects supported by the grantee that regularly or consistently fail to meet the criteria required by this section.
(d) Auditing (1) In general Any grantee shall be subject to the same auditing, recordkeeping, and reporting obligations required under subsections (e), (f), (g), and (i) of section 4413 of this title.
(2) Comptroller General audit authority (A) In general The Comptroller General of the United States may evaluate the financial transactions of the grantee as well as the programs or activities the grantee carries out pursuant to this section.
(B) Access to records Any grantee shall provide the Comptroller General, or the Comptroller Generals duly authorized representatives, access to such records as the Comptroller General determines necessary to conduct evaluations authorized by this section.
(e) Annual report Any grant recipient shall submit a report to the Secretary of State annually and the Secretary shall transmit it to the appropriate congressional committees within 30 days. Such report shall include the names of each of the projects or sub-grantees receiving such funding pursuant to this section and the amount of funding provided for, along with a detailed description of, each such project.
(f) Rule of construction regarding availability of fiscal year 2016 appropriations The enactment of this section is deemed to meet the condition of the first proviso of paragraph (2) of section 7060(f) of the Department of State, Foreign Operations, and Related Appropriations 11 So in original. Probably should be preceded by “Programs”. Act, 2016 (division K of Public Law 114113), and the funds referred to in such paragraph shall be made available in accordance with, and for the purposes set forth in, such paragraph.
(g) Authorization of appropriations; sunset (1) Authorization of appropriations for fiscal years 2017 through 2020 There is authorized to be appropriated to the Department of State for the purpose of making a grant or grants authorized under this section, for each fiscal year from 2017 through 2020, $37,500,000.
(2) Sunset The authorities of subsections (b) through (f) shall expire on September 30, 2020.
(h) Comptroller General review of existing programs (1) In general Not later than September 30, 2018, and September 30, 2020, the Comptroller General of the United States shall submit to Congress a report on all of the programs conducted by the Department of State, the United States Agency for International Development, the Department of Labor, the Department of Defense, and the Department of the Treasury that address human trafficking and modern slavery, including a detailed analysis of the effectiveness of such programs in limiting human trafficking and modern slavery and specific recommendations on which programs are not effective at reducing the prevalence of human trafficking and modern slavery and how the funding for such programs may be redirected to more effective efforts.
(2) Consideration of report The Comptroller General of the United States shall brief the appropriate congressional committees on the report submitted under paragraph (1). The appropriate congressional committees shall review and consider the reports and shall, as appropriate, consider modifications to authorization levels and programs within the jurisdiction of such committees to address the recommendations made in the report.
(i) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(Pub. L. 114328, div. A, title XII, § 1298, Dec. 23, 2016, 130 Stat. 2563.)
## Notes
Editorial Notes
References in TextSection 7060(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016, referred to in subsec. (f), is section 7060(f)(2) of div. K of Pub. L. 114113, Dec. 18, 2015, 129 Stat. 2809, which is not classified to the Code.
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
@@ -0,0 +1,59 @@
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title: "22 U.S.C. § 7115"
description: "Ensuring protection and confidentiality for survivors of human trafficking"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "78"
chapter_name: "TRAFFICKING VICTIMS PROTECTION"
section: "7115"
citation: "22 U.S.C. § 7115"
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# 22 U.S.C. § 7115 - Ensuring protection and confidentiality for survivors of human trafficking
## Text
(a) Definitions In this section—
(1) the term “covered grant” means a grant from the Attorney General or the Secretary of Health and Human Services under section 7104(b), 7105(b), or 7105(f) of this title; and
(2) the term “covered recipient” means a grantee or subgrantee receiving funds under a covered grant.
(b) Grant conditions Covered grants and covered recipients shall be subject, at the election of the Attorney General or the Secretary of Health and Human Services, as applicable, to—
(1) the conditions under section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that apply with respect to grants under such Act and grantees and subgrantees for such grants; or
(2) the conditions under section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) that apply with respect to grants under such Act [42 U.S.C. 10401 et seq.] and grantees and subgrantees for such grants.
(c) Department of Justice-sponsored research Nothing in this section shall be construed to prohibit a covered recipient from sharing personally identifying information with researchers seeking the information for the purposes of conducting research—
(1) that is funded by the Department of Justice;
(2) for which protections are in place in accordance with the requirements under part 22 of title 28, Code of Federal Regulations, or any successor thereto, and section 10231(a) of title 34; and
(3) for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.
(Pub. L. 106386, div. A, § 114, as added Pub. L. 117347, title I, § 103, Jan. 5, 2023, 136 Stat. 6200.)
## Notes
Editorial Notes
References in TextThe Violence Against Women Act of 1994, referred to in subsec. (b)(1), is title IV of Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see section 40001 of Pub. L. 103322, set out as a Short Title of 1994 Act note under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables. The Family Violence Prevention and Services Act, referred to in subsec. (b)(2), is title III of Pub. L. 98457, Oct. 9, 1984, 98 Stat. 1757, which is classified generally to chapter 110 (§ 10401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 10401 of Title 42 and Tables.