§7102 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Defines the key words used in the chapter about trafficking in persons so people know what the rules refer to. "Abuse or threatened abuse of the legal process" — using laws or courts the wrong way to pressure someone. "Appropriate congressional committees" — the Senate Foreign Relations and Judiciary Committees and the House Foreign Affairs and Judiciary Committees. "Coercion" — threats of serious harm or plans that make someone fear harm, or misuse of legal process. "Commercial sex act" — any sex act done for money or something of value. "Concrete actions" — steps that show a government is working to stop trafficking, such as investigations, prosecutions, convictions, training, prevention programs, victim services, and money spent. "Credible information" — reliable reports or documents from the State Department, other federal agencies (including the Labor Department lists), foreign governments, NGOs, survivors or whistleblowers, media or academic reports, international organizations, and assessments of how government actions affect trafficking. "Debt bondage" — when someone’s work is pledged to pay a debt but the work doesn’t reduce the debt or the terms aren’t set. "Involuntary servitude" — forced work caused by threats, deceptive schemes, or misuse of legal process. "Minimum standards for the elimination of trafficking" — the standards in section 7106. "Nonhumanitarian, nontrade-related foreign assistance" — foreign aid under the Foreign Assistance Act, with many specific exclusions, and certain arms sales (with exceptions noted in the law). "Severe forms of trafficking" — sex trafficking involving force, fraud, coercion, or minors under 18, or forced labor leading to slavery-like conditions. "Sex trafficking" — recruiting or moving someone to engage in a commercial sex act. "State" and "United States" — each mean the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and U.S. territories and possessions. "Task Force" — the Interagency Task Force to Monitor and Combat Trafficking (see section 7103). "Victim of a severe form of trafficking" — a person harmed as described under severe forms. "Victim of trafficking" — a person harmed as described under severe forms or sex trafficking. "Grounds related to human trafficking" — the immigration inadmissibility grounds in 8 U.S.C. 1182(a)(2)(H).

Title 22, §7102

Foreign Relations and Intercourse — Source: USLM XML via OLRC

In this chapter:

(1)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)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)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)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)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)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 Labor’s List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor.

(C)Documentation provided by a foreign country, including—

(i)copies of relevant laws, regulations, and policies adopted or modified; and

(ii)an official record of enforcement 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)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)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)The term “minimum standards for the elimination of trafficking” means the standards set forth in section 7106 of this title.

(10)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. 2394–1];

(iv)disaster relief assistance, including any assistance under chapter 9 of part I of that Act [22 U.S.C. 2292 et seq.];

(v)antiterrorism assistance under chapter 8 of part II of that Act [22 U.S.C. 2349aa et seq.];

(vi)assistance for refugees;

(vii)humanitarian and other development assistance in support of programs of nongovernmental organizations under chapters 1 and 10 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. 2394–1].

(11)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)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)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)The term “Task Force” means the Interagency Task Force to Monitor and Combat Trafficking established under section 7103 of this title.

(15)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)The term “victim of a severe form of trafficking” means a person subject to an act or practice described in paragraph (11).

(17)The term “victim of trafficking” means a person subjected to an act or practice described in paragraph (11) or (12).

(18)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this division”, meaning division A of Pub. L. 106–386, 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. 87–195, 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. 115–254, 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

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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. 90–629, 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

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note set out under section 2751 of this title and Tables.

Amendments

2026—Par. (16). Pub. L. 119–73, § 7(1), substituted “paragraph (11)” for “paragraph (9)”. Par. (17). Pub. L. 119–73, § 7(2), substituted “paragraph (11) or (12)” for “paragraph (9) or (10)”. 2021—Par. (18). Pub. L. 116–283 added par. (18). 2019—Pars. (5) to (17). Pub. L. 115–427 added pars. (5) and (6) and redesignated former pars. (5) to (15) as (7) to (17), respectively. 2018—Par. (8)(A)(viii). Pub. L. 115–254 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. 114–22 substituted “obtaining, patronizing, or soliciting” for “or obtaining”. 2013—Pub. L. 113–4 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. 110–457 substituted “Committee on Foreign Affairs” for “Committee on International Relations”. 2003—Par. (7)(A)(i). Pub. L. 108–193 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. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

§7102 Definitions

Summary

Title 22, §7102

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata