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Title 22 — Foreign Relations and Intercourse

Chapter 78 — Trafficking Victims Protection

§ 7106. Minimum standards for the elimination of trafficking

Statutory text

(a)

Minimum standards

For purposes of this chapter, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for victims of severe forms of trafficking are the following:

(1)

The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.

(2)

For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.

(3)

For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.

(4)

The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.

(b)

Criteria

In determinations under subsection (a)(4), the following factors should be considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons:

(1)

Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in persons, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons. After reasonable requests from the Department of State for data regarding investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted or sentenced such acts.

(2)

Whether the government of the country protects victims of severe forms of trafficking in persons and encourages their assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts as a direct result of being trafficked, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims.

(3)

Whether the government of the country has adopted measures to prevent severe forms of trafficking in persons, such as measures to inform and educate the public, including potential victims, about the causes and consequences of severe forms of trafficking in persons, measures to establish the identity of local populations, including birth registration, citizenship, and nationality, measures to ensure that its nationals who are deployed abroad as part of a diplomatic, peacekeeping, or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, a transparent system for remediating or punishing such public officials as a deterrent, measures to prevent the use of forced labor or child labor in violation of international standards, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting.

(4)

Whether the government of the country cooperates with other governments in the investigation and prosecution of severe forms of trafficking in persons and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries.

(5)

Whether the government of the country extradites persons charged with acts of severe forms of trafficking in persons on substantially the same terms and to substantially the same extent as persons charged with other serious crimes (or, to the extent such extradition would be inconsistent with the laws of such country or with international agreements to which the country is a party, whether the government is taking all appropriate measures to modify or replace such laws and treaties so as to permit such extradition).

(6)

Whether the government of the country monitors immigration and emigration patterns for evidence of severe forms of trafficking in persons and whether law enforcement agencies of the country respond to any such evidence in a manner that is consistent with the vigorous investigation and prosecution of acts of such trafficking, as well as with the protection of human rights of victims and the internationally recognized human right to leave any country, including one’s own, and to return to one’s own country.

(7)

Whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials, including diplomats and soldiers, who participate in or facilitate severe forms of trafficking in persons, including nationals of the country who are deployed abroad as part of a diplomatic, peacekeeping, or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and takes all appropriate measures against officials who condone or enable such trafficking. A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria. After reasonable requests from the Department of State for data regarding such investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted, or sentenced such acts.

(8)

Whether the percentage of victims of severe forms of trafficking in the country that are non-citizens of such countries is insignificant.

(9)

Whether the government has entered into effective, transparent partnerships, cooperative arrangements, or agreements that have resulted in concrete and measurable outcomes with—

(A)

domestic civil society organizations, private sector entities, or international nongovernmental organizations, or into multilateral or regional arrangements or agreements, to assist the government’s efforts to prevent trafficking, protect victims, and punish traffickers; or

(B)

the United States toward agreed goals and objectives in the collective fight against trafficking.

(10)

Whether the government of the country, consistent with the capacity of such government, systematically monitors its efforts to satisfy the criteria described in paragraphs (1) through (8) and makes available publicly a periodic assessment of such efforts.

(11)

Whether the government of the country achieves appreciable progress in eliminating severe forms of trafficking when compared to the assessment in the previous year.

(12)

Whether the government of the country has made serious and sustained efforts to reduce the demand for—

(A)

commercial sex acts; and

(B)

participation in international sex tourism by nationals of the country.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trafficking Victims Protection Act of 2000

    Pub. L. 106–386 div. A § 108 · 114 Stat. 1464

    Enacted · 22 U.S.C. § 7106

    Pub. L. 106–386, div. A, § 108, Oct. 28, 2000, 114 Stat. 1480

    Source evidence

    Code source credit
    Pub. L. 106–386, div. A, § 108, Oct. 28, 2000, 114 Stat. 1480

    Enacted provision · exact public law section
    SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. (a) Minimum Standards.— For purposes of this division, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking are the following: (1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking. (2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault. (3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense. (4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons. (b) Criteria.— In determinations under subsection (a)(4), the following factors should be considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons: (1) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking in persons that take place wholly or partly within the territory of the country. (2) Whether the government of the country protects victims of severe forms of trafficking in persons and encourages their assistance in the investigation and prosecution of such trafficking, including provisions for legal alternatives to their removal to countries in which they would face retribution or hardship, and ensures that victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts as a direct result of being trafficked. (3) Whether the government of the country has adopted measures to prevent severe forms of trafficking in persons, such as measures to inform and educate the public, including potential victims, about the causes and consequences of severe forms of trafficking in persons. (4) Whether the government of the country cooperates with other governments in the investigation and prosecution of severe forms of trafficking in persons. (5) Whether the government of the country extradites per sons charged with acts of severe forms of trafficking in persons on substantially the same terms and to substantially the same extent as persons charged with other serious crimes (or, to the extent such extradition would be inconsistent with the laws of such country or with international agreements to which the country is a party, whether the government is taking all appropriate measures to modify or replace such laws and treaties so as to permit such extradition). (6) Whether the government of the country monitors immigration and emigration patterns for evidence of severe forms of trafficking in persons and whether law enforcement agencies of the country respond to any such evidence in a manner that is consistent with the vigorous investigation and prosecution of acts of such trafficking, as well as with the protection of human rights of victims and the internationally recognized human right to leave any country, including one’s own, and to return to one’s own country. (7) Whether the government of the country vigorously investigates and prosecutes public officials who participate in or facilitate severe forms of trafficking in persons, and takes all appropriate measures against officials who condone such trafficking.

  2. Trafficking Victims Protection Reauthorization Act of 2003

    Pub. L. 108–193 § 6(d)(1) · 117 Stat. 2875

    1. Substituted · 22 U.S.C. § 7106(b)(1)

      Pub. L. 108–193, § 6(d)(1), substituted “, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country” for “that take place wholly or partly within the territory of the country”

    2. Inserted · 22 U.S.C. § 7106(b)(1)

      Pub. L. 108–193, § 6(d)(1), inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–193, § 6(d)(1), substituted “, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country” for “that take place wholly or partly within the territory of the country” and inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “that take place wholly or partly within the territory of the country” and inserting “, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country”; and (B) by adding at the end the following new sentences: “After reasonable requests from the Department of State for data regarding investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with the capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted or sentenced such acts. During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”;

  3. Trafficking Victims Protection Reauthorization Act of 2003

    Pub. L. 108–193 § 6(d)(2) · 117 Stat. 2875

    1. Substituted · 22 U.S.C. § 7106(b)(7)

      Pub. L. 108–193, § 6(d)(2), substituted “, prosecutes, convicts, and sentences” for “and prosecutes”

    2. Inserted · 22 U.S.C. § 7106(b)(7)

      Pub. L. 108–193, § 6(d)(2), inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 108–193, § 6(d)(2), substituted “, prosecutes, convicts, and sentences” for “and prosecutes” and inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances.

    Enacted provision · exact public law section
    (2) in paragraph (7)— (A) by striking “and prosecutes” and inserting “, prosecutes, convicts, and sentences”; and (B) by adding at the end the following new sentence: “After reasonable requests from the Department of State for data regarding such investigations, prosecutions, convictions, and sentences, a government which does not provide such data consistent with its resources shall be presumed not to have vigorously investigated, prosecuted, convicted, or sentenced such acts. During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”.

  4. Trafficking Victims Protection Reauthorization Act of 2003

    Pub. L. 108–193 § 6(d)(3) · 117 Stat. 2875

    Added · 22 U.S.C. § 7106(b)(8)(10)

    Pub. L. 108–193, § 6(d)(3), added pars. (8) to (10)

    Source evidence

    Code amendment note
    Subsec. (b)(8) to (10). Pub. L. 108–193, § 6(d)(3), added pars. (8) to (10).

    Enacted provision · exact public law section
    (3) by adding the following new paragraphs at the end: “(8) Whether the percentage of victims of severe forms of trafficking in the country that are non-citizens of such countries is insignificant. “(9) Whether the government of the country, consistent with the capacity of such government, systematically monitors its efforts to satisfy the criteria described in paragraphs (1) through (8) and makes available publicly a periodic assessment of such efforts. “(10) Whether the government of the country achieves appreciable progress in eliminating severe forms of trafficking when compared to the assessment in the previous year.” .

  5. Trafficking Victims Protection Reauthorization Act of 2005

    Pub. L. 109–164 § 104(b)(1) · 119 Stat. 3558

    Inserted · 22 U.S.C. § 7106(b)(3)

    Pub. L. 109–164, § 104(b)(1), inserted before period at end “, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 109–164, § 104(b)(1), inserted before period at end “, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards”.

    Enacted provision · exact public law section
    (1) Amendments.— Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended— (A) in paragraph (3), by adding at the end before the period the following: “, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards”; and (B) in the first sentence of paragraph (7), by striking “persons,” and inserting “persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,”.

    Effective date note
    Pub. L. 109–164, title I, § 104(b)(2), Jan. 10, 2006, 119 Stat. 3564, provided that: “The amendments made by subparagraphs (A) and (B) of paragraph (1) [amending this section] take effect beginning two years after the date of the enactment of this Act [Jan. 10, 2006].”

  6. Trafficking Victims Protection Reauthorization Act of 2005

    Pub. L. 109–164 § 104(b)(2) · 119 Stat. 3558

    Substituted · 22 U.S.C. § 7106(b)(7)

    Pub. L. 109–164, § 104(b)(2), substituted “persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,” for “persons,” in first sentence

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 109–164, § 104(b)(2), substituted “persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,” for “persons,” in first sentence.

    Enacted provision · exact public law section
    (2) Effective date.— The amendments made by subparagraphs (A) and (B) of paragraph (1) take effect beginning two years after the date of the enactment of this Act.

    Effective date note
    Pub. L. 109–164, title I, § 104(b)(2), Jan. 10, 2006, 119 Stat. 3564, provided that: “The amendments made by subparagraphs (A) and (B) of paragraph (1) [amending this section] take effect beginning two years after the date of the enactment of this Act [Jan. 10, 2006].”

  7. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 § 106(1) · 122 Stat. 5044

    Struck · 22 U.S.C. § 7106(a)

    Pub. L. 110–457, § 106(1), struck out “a significant number of” before “victims” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–457, § 106(1), struck out “a significant number of” before “victims” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “a significant number of”; and

  8. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 § 106(2)(A) · 122 Stat. 5044

    Substituted · 22 U.S.C. § 7106(b)(1)

    Pub. L. 110–457, § 106(2)(A), substituted “, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons.” for period at end of first sentence

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–457, § 106(2)(A), substituted “, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons.” for period at end of first sentence.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking the period at the end of the first sentence and inserting the following: “, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons.”;

  9. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 § 106(2)(B) · 122 Stat. 5044

    Inserted · 22 U.S.C. § 7106(b)(2)

    Pub. L. 110–457, § 106(2)(B), inserted “, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–457, § 106(2)(B), inserted “, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims” before period at end.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting before the period at the end the following: “, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims”;

  10. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 § 106(2)(C) · 122 Stat. 5044

    Substituted · 22 U.S.C. § 7106(b)(3)

    Pub. L. 110–457, § 106(2)(C), substituted “measures to establish the identity of local populations, including birth registration, citizenship, and nationality” for “measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 110–457, § 106(2)(C), substituted “measures to establish the identity of local populations, including birth registration, citizenship, and nationality” for “measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking “measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country” and inserting “measures to establish the identity of local populations, including birth registration, citizenship, and nationality”; and

  11. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 § 106(2)(D) · 122 Stat. 5044

    Added · 22 U.S.C. § 7106(b)(11)

    Pub. L. 110–457, § 106(2)(D), added par. (11)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 110–457, § 106(2)(D), added par. (11).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(11) Whether the government of the country has made serious and sustained efforts to reduce the demand for— “(A) commercial sex acts; and “(B) participation in international sex tourism by nationals of the country.” .

  12. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1204(1) · 127 Stat. 54

    1. Substituted · 22 U.S.C. § 7106(b)(3)

      Pub. L. 113–4, § 1204(1), substituted “diplomatic, peacekeeping,” for “peacekeeping”

    2. Substituted · 22 U.S.C. § 7106(b)(3)

      Pub. L. 113–4, § 1204(1), substituted “, a transparent system for remediating or punishing such public officials as a deterrent, measures” for “, and measures”

    3. Inserted · 22 U.S.C. § 7106(b)(3)

      Pub. L. 113–4, § 1204(1), inserted before period at end “, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 113–4, § 1204(1), substituted “diplomatic, peacekeeping,” for “peacekeeping” and “, a transparent system for remediating or punishing such public officials as a deterrent, measures” for “, and measures”, and inserted before period at end “, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting”.

    Enacted provision · exact public law section
    (1) in paragraph (3)— (A) by striking “peacekeeping” and inserting “diplomatic, peacekeeping,”; (B) by striking “, and measures” and inserting “, a transparent system for remediating or punishing such public officials as a deterrent, measures”; and (C) by inserting “, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting” before the period at the end;

  13. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1204(2) · 127 Stat. 54

    Inserted · 22 U.S.C. § 7106(b)(4)

    Pub. L. 113–4, § 1204(2), inserted “and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 113–4, § 1204(2), inserted “and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries” before period at end.

    Enacted provision · exact public law section
    (2) in paragraph (4), by inserting “and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries” before the period at the end;

  14. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1204(3) · 127 Stat. 54

    1. Inserted · 22 U.S.C. § 7106(b)(7)

      Pub. L. 113–4, § 1204(3), inserted “, including diplomats and soldiers,” after “public officials” and “A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria.” after “condone such trafficking.”

    2. Substituted · 22 U.S.C. § 7106(b)(7)

      Pub. L. 113–4, § 1204(3), substituted “diplomatic, peacekeeping,” for “peacekeeping”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 113–4, § 1204(3), inserted “, including diplomats and soldiers,” after “public officials” and “A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria.” after “condone such trafficking.”, and substituted “diplomatic, peacekeeping,” for “peacekeeping”.

    Enacted provision · exact public law section
    (3) in paragraph (7)— (A) by inserting “, including diplomats and soldiers,” after “public officials”; (B) by striking “peacekeeping” and inserting “diplomatic, peacekeeping,”; and (C) by inserting “A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria.” after “such trafficking.”;

  15. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 1204(4) · 127 Stat. 54

    1. Added · 22 U.S.C. § 7106(b)(9)(12)

      Pub. L. 113–4, § 1204(4), (5), added par. (9)

    2. Redesignated · 22 U.S.C. § 7106(b)(9)(12)

      Pub. L. 113–4, § 1204(4), (5), redesignated former pars. (9) to (11) as (10) to (12), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(9) to (12). Pub. L. 113–4, § 1204(4), (5), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.

    Enacted provision · exact public law section
    (4) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and

  16. Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018

    Pub. L. 115–425 § 202(1) · 132 Stat. 5472

    1. Substituted · 22 U.S.C. § 7106(b)(1)

      Pub. L. 115–425, § 202(1), substituted “a demonstrably increasing capacity” for “the capacity”

    2. Struck · 22 U.S.C. § 7106(b)(1)

      Pub. L. 115–425, § 202(1), struck out at end “During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–425, § 202(1), substituted “a demonstrably increasing capacity” for “the capacity” and struck out at end “During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “the capacity” and inserting “a demonstrably increasing capacity”; and (B) by striking the last sentence; and

  17. Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018

    Pub. L. 115–425 § 202(2) · 132 Stat. 5472

    1. Substituted · 22 U.S.C. § 7106(b)(7)

      Pub. L. 115–425, § 202(2), substituted “, consistent with a demonstrably increasing capacity of such government to obtain such data,” for “consistent with its resources”

    2. Struck · 22 U.S.C. § 7106(b)(7)

      Pub. L. 115–425, § 202(2), struck out at end “During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–425, § 202(2), substituted “, consistent with a demonstrably increasing capacity of such government to obtain such data,” for “consistent with its resources” and struck out at end “During the periods prior to the annual report submitted on June 1, 2004, and on June 1, 2005, and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

    Enacted provision · exact public law section
    (2) in paragraph (7)— (A) by striking “consistent with its resources” and inserting “, consistent with a demonstrably increasing capacity of such government to obtain such data,”; and (B) by striking the last sentence.

  18. Trafficking Victims Protection Reauthorization Act of 2017

    Pub. L. 115–427 § 5 · 132 Stat. 5503

    Inserted · 22 U.S.C. § 7106(b)(7)

    Pub. L. 115–427 inserted “or enable” after “condone”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 115–427 inserted “or enable” after “condone”.

    Enacted provision · exact public law section
    SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.   Section 108(b)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(7)) is amended by inserting “or enable” after “condone”.

26 of 26 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this division”, meaning division A of Pub. L. 106–386, , 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.

Amendments2003–2019 · 5 rounds

2019

Subsec. (b)(1). Pub. L. 115–425, § 202(1), substituted “a demonstrably increasing capacity” for “the capacity” and struck out at end “During the periods prior to the annual report submitted on , and on , and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

Subsec. (b)(7). Pub. L. 115–427 inserted “or enable” after “condone”.

Pub. L. 115–425, § 202(2), substituted “, consistent with a demonstrably increasing capacity of such government to obtain such data,” for “consistent with its resources” and struck out at end “During the periods prior to the annual report submitted on , and on , and the periods afterwards until September 30 of each such year, the Secretary of State may disregard the presumption contained in the preceding sentence if the government has provided some data to the Department of State regarding such acts and the Secretary has determined that the government is making a good faith effort to collect such data.”

2013

Subsec. (b)(3). Pub. L. 113–4, § 1204(1), substituted “diplomatic, peacekeeping,” for “peacekeeping” and “, a transparent system for remediating or punishing such public officials as a deterrent, measures” for “, and measures”, and inserted before period at end “, effective bilateral, multilateral, or regional information sharing and cooperation arrangements with other countries, and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting”.

Subsec. (b)(4). Pub. L. 113–4, § 1204(2), inserted “and has entered into bilateral, multilateral, or regional law enforcement cooperation and coordination arrangements with other countries” before period at end.

Subsec. (b)(7). Pub. L. 113–4, § 1204(3), inserted “, including diplomats and soldiers,” after “public officials” and “A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria.” after “condone such trafficking.”, and substituted “diplomatic, peacekeeping,” for “peacekeeping”.

Subsec. (b)(9) to (12). Pub. L. 113–4, § 1204(4), (5), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.

2008

Subsec. (a). Pub. L. 110–457, § 106(1), struck out “a significant number of” before “victims” in introductory provisions.

Subsec. (b)(1). Pub. L. 110–457, § 106(2)(A), substituted “, including, as appropriate, requiring incarceration of individuals convicted of such acts. For purposes of the preceding sentence, suspended or significantly-reduced sentences for convictions of principal actors in cases of severe forms of trafficking in persons shall be considered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to eliminate severe forms of trafficking in persons.” for period at end of first sentence.

Subsec. (b)(2). Pub. L. 110–457, § 106(2)(B), inserted “, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims” before period at end.

Subsec. (b)(3). Pub. L. 110–457, § 106(2)(C), substituted “measures to establish the identity of local populations, including birth registration, citizenship, and nationality” for “measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country”.

Subsec. (b)(11). Pub. L. 110–457, § 106(2)(D), added par. (11).

2006

Subsec. (b)(3). Pub. L. 109–164, § 104(b)(1), inserted before period at end “, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the country, measures to ensure that its nationals who are deployed abroad as part of a peacekeeping or other similar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking, and measures to prevent the use of forced labor or child labor in violation of international standards”.

Subsec. (b)(7). Pub. L. 109–164, § 104(b)(2), substituted “persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,” for “persons,” in first sentence.

2003

Subsec. (b)(1). Pub. L. 108–193, § 6(d)(1), substituted “, and convicts and sentences persons responsible for such acts, that take place wholly or partly within the territory of the country” for “that take place wholly or partly within the territory of the country” and inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances.

Subsec. (b)(7). Pub. L. 108–193, § 6(d)(2), substituted “, prosecutes, convicts, and sentences” for “and prosecutes” and inserted two sentences at end relating to presumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain circumstances.

Subsec. (b)(8) to (10). Pub. L. 108–193, § 6(d)(3), added pars. (8) to (10).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–164, title I, § 104(b)(2), , 119 Stat. 3564, provided that: “The amendments made by subparagraphs (A) and (B) of paragraph (1) [amending this section] take effect beginning two years after the date of the enactment of this Act [].”

Credits

2000–2019 · 7 acts
  1. 2000Pub. L. 106–386, div. A, § 108, , 114 Stat. 1480
  2. 2003Pub. L. 108–193, § 6(d), , 117 Stat. 2881
  3. 2006Pub. L. 109–164, title I, § 104(b)(1), , 119 Stat. 3564
  4. 2008Pub. L. 110–457, title I, § 106, , 122 Stat. 5048
  5. 2013Pub. L. 113–4, title XII, § 1204, , 127 Stat. 139
  6. 2019Pub. L. 115–425, title II, § 202, , 132 Stat. 5482
  7. 2019Pub. L. 115–427, § 5, , 132 Stat. 5505.
Show as published

(Pub. L. 106–386, div. A, § 108, , 114 Stat. 1480; Pub. L. 108–193, § 6(d), , 117 Stat. 2881; Pub. L. 109–164, title I, § 104(b)(1), , 119 Stat. 3564; Pub. L. 110–457, title I, § 106, , 122 Stat. 5048; Pub. L. 113–4, title XII, § 1204, , 127 Stat. 139; Pub. L. 115–425, title II, § 202, , 132 Stat. 5482; Pub. L. 115–427, § 5, , 132 Stat. 5505.)

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