Editorial Notes
References in Text
This chapter, referred to in subsecs. (d)(1), (6), (7), (e)(1), and (g)(3), (4), 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.
Subsection (f) of section 7105 of this title, referred to in subsec. (d)(7)(A), probably means the first subsec. (f) of section 7105 of this title, relating to assistance for United States citizens and lawful permanent residents, as added by Pub. L. 110–457, title II, § 213(a)(1), Dec. 23, 2008, 122 Stat. 5064.
Sections 20702 and 20705 of title 34, referred to in subsec. (d)(7)(L), was in the original “sections 202 and 204 of the Trafficking Victims Protection Act of 2005”, and was translated as reading “sections 202 and 204 of the Trafficking Victims Protection Reauthorization Act of 2005”, which enacted sections 20702 and 20705 of Title 34, Crime Control and Law Enforcement, to reflect the probable intent of Congress.
Executive Order 13107, referred to in subsec. (d)(7)(N)(iii), is set out as a note under section 601 of Title 5, Government Organization and Employees.
Section 20702(a) of title 34, referred to in subsec. (d)(7)(R), was amended generally by Pub. L. 113–4, title XII, § 1241(a), Mar. 7, 2013, 127 Stat. 149, and Pub. L. 115–393, title III, § 301(e)(1)(A), Dec. 21, 2018, 132 Stat. 5272, and, as so amended, sets out definitions for that section. Prior to amendment, section 20702(a) of title 34 related to grants made by the Secretary of Health and Human Services for assistance programs for victims of trafficking occurring within the United States.
Executive Order No. 13257, referred to in subsec. (g)(2)(A), is set out as a note below.
Amendments
2023—Subsec. (d)(7)(Q)(vii). Pub. L. 117–347, § 404(1)(A), inserted “and” at end.
Subsec. (d)(7)(Q)(viii). Pub. L. 117–347, § 404(1)(B), struck out “and” at end.
Subsec. (d)(7)(R). Pub. L. 117–347, § 404(2), struck out “and” at end.
Subsec. (d)(7)(S). Pub. L. 117–347, § 404(3), substituted semicolon for period in subpar. (S) relating to tactics and strategies employed by human trafficking task forces.
Subsec. (d)(7)(T). Pub. L. 117–347, § 404(4), (5), redesignated subpar. (S) relating to efforts of the United States to eliminate money laundering as (T) and substituted semicolon for period at end.
Subsec. (d)(7)(U), (V). Pub. L. 117–347, § 404(6), added subpars. (U) and (V).
2019—Subsec. (b). Pub. L. 116–92, § 3562, inserted “the Secretary of Commerce,” after “the Secretary of Education,”.
Pub. L. 115–425, § 201, inserted “the Secretary of the Treasury, the United States Trade Representative,” after “the Secretary of Education,”.
Subsec. (d)(7). Pub. L. 116–92, § 7154(b)(1), inserted “the Committee on Financial Services,” after “the Committee on Foreign Affairs” and “the Committee on Banking, Housing, and Urban Affairs,” after “the Committee on Foreign Relations,” in introductory provisions.
Subsec. (d)(7)(M)(v). Pub. L. 116–92, § 902(85), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (d)(7)(Q)(vii), (R). Pub. L. 116–92, § 7154(b)(2), (3), which directed amendment of subpar. (Q)(vii) by substituting a semicolon for “; and” and subpar. (R) by substituting “; and” for the period at the end, could not be executed because of the intervening amendments by Pub. L. 115–425, § 121(a)(1), (2), made in the course of adding the first subpar. (S). See below.
Subsec. (d)(7)(S). Pub. L. 116–92, § 7154(b)(4), added subpar. (S) relating to efforts of the United States to eliminate money laundering.
Pub. L. 115–425, § 121(a), added subpar. (S) relating to tactics and strategies employed by human trafficking task forces.
2018—Subsec. (d)(3). Pub. L. 115–392, § 18(a), inserted “and providing an annual report on the case referrals received from the national human trafficking hotline by Federal departments and agencies” after “international trafficking” and “and reporting requirements” after “Any data collection procedures”.
Subsec. (d)(7)(Q)(viii). Pub. L. 115–392, § 16, added cl. (viii).
2015—Subsec. (d)(7)(Q). Pub. L. 114–22 substituted “1590, 1591, 1592, 1594, 2251, 2251A, 2421, 2422, and 2423” for “1590, 1592, and 1594” in introductory provisions and added cls. (vi) and (vii).
2013—Subsec. (d)(6). Pub. L. 113–4, § 1203(a), inserted “, and make reasonable efforts to distribute information to enable all relevant Federal Government agencies to publicize the National Human Trafficking Resource Center Hotline on their websites, in all headquarters offices, and in all field offices throughout the United States” before period at end.
Subsec. (d)(7)(B) to (H). Pub. L. 113–4, § 1231(2), added subpars. (B) to (H) and struck out former subpars. (B) and (C) which read as follows:
“(B) the number of persons who have been granted continued presence in the United States under section 7105(c)(3) of this title during the preceding fiscal year;
“(C) the number of persons who have applied for, been granted, or been denied a visa or otherwise provided status under section 1101(a)(15)(T)(i) of title 8 during the preceding fiscal year;”.
Former subpars. (D) to (H) redesignated (I) to (M), respectively.
Subsec. (d)(7)(H)(iii) to (v). Pub. L. 112–239 added cls. (iii) and (v) redesignated former cl. (iii) as (iv).
Subsec. (d)(7)(I). Pub. L. 113–4, § 1231(1), redesignated subpar. (D) as (I). Former subpar. (I) redesignated (N).
Subsec. (d)(7)(J). Pub. L. 113–4, § 1231(1), redesignated subpar. (E) as (J). Former subpar. (J) redesignated (O).
Pub. L. 113–4, § 1201(1), substituted “subsection (g)” for “subsection (f) of this section”.
Subsec. (d)(7)(K) to (O). Pub. L. 113–4, § 1231(1), redesignated subpars. (F) to (J) as (K) to (O), respectively.
Subsec. (d)(7)(P) to (R). Pub. L. 113–4, § 1231(3)–(5), added subpars. (P) to (R).
Subsec. (e)(2). Pub. L. 113–4, § 1201(2), redesignated subpar. (B) and cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively, realigned margins, and struck out former par. (2) heading and subpar. (A) which related to coordination of certain activities against use of products or materials from victims of severe forms of trafficking and sexual exploitation.
Subsecs. (f), (g). Pub. L. 113–4, § 1201(3), (4), added subsec. (f) and redesignated former subsec. (f) as (g).
2008—Subsec. (b). Pub. L. 110–457, § 101, inserted “the Secretary of Education,” after “the Secretary of Homeland Security,”.
Subsec. (d)(7). Pub. L. 110–457, § 304(a), substituted “Committee on Foreign Affairs” for “Committee on International Relations” in introductory provisions.
Subsec. (d)(7)(A). Pub. L. 110–457, § 231(1), substituted “subsections (b) and (f) of section 7105 of this title” for “section 7105(b) of this title” and inserted “the Attorney General,” after “the Secretary of Labor,”.
Subsec. (d)(7)(H) to (J). Pub. L. 110–457, § 231(2)–(4), added subpars. (H) and (I) and redesignated former subpar. (H) as (J).
Subsec. (e). Pub. L. 110–457, § 102, substituted “Office To Monitor and Combat Trafficking” for “Support for the Task Force” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, substituted “The Secretary of State shall” for “The Secretary of State is authorized to”, and added par. (2).
2006—Subsec. (b). Pub. L. 109–164, § 104(a), substituted “the Director of National Intelligence, the Secretary of Defense, the Secretary of Homeland Security” for “the Director of Central Intelligence”.
Subsec. (d)(7)(G), (H). Pub. L. 109–164, § 205, added subpar. (G) and redesignated former subpar. (G) as (H).
2003—Subsec. (d)(7). Pub. L. 108–193, § 6(a)(1), added par. (7).
Subsec. (e). Pub. L. 108–193, § 6(b)(1), inserted before period at end of second sentence “, who shall be appointed by the President, by and with the advice and consent of the Senate, with the rank of Ambassador-at-Large”.
Subsec. (f). Pub. L. 108–193, § 6(c)(1), added subsec. (f).
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 108–193, § 6(b)(2), Dec. 19, 2003, 117 Stat. 2881, provided that:
“The individual who holds the position of Director of the Office to Monitor and Combat Trafficking of the Department of State may continue to hold such position notwithstanding the amendment made by paragraph (1) [amending this section].”
Senior Policy Operating Group
Pub. L. 108–7, div. B, title IV, § 406, Feb. 20, 2003, 117 Stat. 92, required the Interagency Task Force to Monitor and Combat Trafficking to establish a Senior Policy Operating Group, prior to repeal by Pub. L. 108–193, § 6(c)(2), Dec. 19, 2003, 117 Stat. 2881. See subsec. (g) of this section.
Executive Documents
Ex. Ord. No. 13257. President’s Interagency Task Force To Monitor and Combat Trafficking in Persons
Ex. Ord. No. 13257, Feb. 13, 2002, 67 F.R. 7259, as amended by Ex. Ord. No. 13286, § 5, Feb. 28, 2003, 68 F.R. 10619; Ex. Ord. No. 13333, Mar. 18, 2004, 69 F.R. 13455, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trafficking Victims Protection Act of 2000, (22 U.S.C. 7101 et seq.) (the “Act”), and section 301 of title 3, United States Code, and in order to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims, it is hereby ordered as follows:
Section 1. (a) The President’s Interagency Task Force to Monitor and Combat Trafficking in Persons is hereby established.
(b) The Task Force shall consist of:
(i) the Secretary of State;
(ii) the Attorney General;
(iii) the Secretary of Labor;
(iv) the Secretary of Health and Human Services;
(v) the Secretary of Homeland Security;
(vi) the Director of Central Intelligence;
(vii) the Director of the Office of Management and Budget;
(viii) the Administrator of the United States Agency for International Development; and
(ix) any additional officers or employees of the United States as may be designated by the President.
(c) The Task Force shall be chaired by the Secretary of State.
Sec. 2. Activities. The Task Force shall, consistent with applicable law and the constitutional authorities and duties of the President, carry out the following activities:
(a) coordinate the implementation of the Act;
(b) measure and evaluate progress of the United States and other countries in the areas of trafficking in persons prevention, protection, and assistance to victims of trafficking in persons, and prosecutions and other enforcement efforts against traffickers, including the role of public corruption in facilitating trafficking in persons;
(c) assist the Secretary of State in the preparation of the annual reports described in section 110 of the Act [22 U.S.C. 7107];
(d) expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking in persons, while ensuring that any data collection procedures involved, respect the confidentiality of victims of trafficking in persons;
(e) engage in efforts to facilitate cooperation among countries of origin, transit, and destination, and such efforts shall aim to strengthen local and regional capacities to prevent trafficking in persons, prosecute traffickers and assist trafficking victims; shall include initiatives to enhance cooperative efforts between destination countries, transit countries, and countries of origin; and shall assist in the appropriate reintegration of stateless victims of trafficking in persons;
(f) examine the role of the international “sex tourism” industry in the trafficking of persons and in the sexual exploitation of women and children around the world;
(g) engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of the Act; and
(h) address such other matters related to the purposes of the Act as the President may determine.
Sec. 3. Administration. (a) The Department of State shall provide funding and administrative support for the Task Force, except as otherwise provided by the Act.
(b) At the call of the Chair, the Task Force shall meet as necessary to accomplish its mission.
(c) Task Force members may designate representatives from their respective agencies to represent them at Task Force meetings.
(d) Whenever the work of the Task Force involves a matter committed by law or Presidential directive to the consideration of the National Security Council, or by Executive Order 13228 of October 8, 2001 [50 U.S.C. 3021 note], to the consideration of the Homeland Security Council, that work shall be undertaken, and any communication by the Secretary of State to the President shall be undertaken, in a manner consistent with such law, Presidential directive, or Executive Order.
(e) The Task Force shall have no directive authority or other substantial independent authority.
(f) As necessary and appropriate, the Task Force shall report to the President, through the Secretary of State, the following:
(i) progress on the implementation of the Act; and
(ii) recommendations for United States policy to monitor and eliminate trafficking in persons and to protect the victims of trafficking in persons.
Sec. 4. Guidelines, Policies, and Regulations. (a) The Senior Policy Operating Group (SPOG), described in subsection 105(f) [now (g)] of the Act [22 U.S.C. 7103(g)], shall (i) establish guidelines and policies to coordinate the activities of executive branch departments and agencies regarding policies (including grants and grant policies) involving the international trafficking in persons and (ii) advise the Secretary of State what regulations may be necessary to implement section 105 of the Act, including such regulations as may be necessary to carry out the sharing of information on all matters relating to grants, grant policies, or other significant actions regarding the international trafficking in persons as set forth in subsection 105(f)(4) of the Act, to the extent permitted by law.
(b) The Secretary of State, in consultation with the members of the Task Force or their representatives, shall promulgate regulations to implement section 105 of the Act [22 U.S.C. 7103].
Sec. 5. Enhanced Prevention of Trafficking in Persons. (a) The Secretary of State, in consultation with the members of the Task Force or their representatives, shall carry out the functions under subsection 106(c) and subsection 106(d) of the Act [22 U.S.C. 7104(c), (d)].
(b) The Secretary of State shall have the authority to determine, under section 106(e)(1) of the Act, foreign destinations where sex tourism is significant. The Secretary of Homeland Security, in consultation with the members of the Task Force or their representatives and appropriate officials of the Departments of Commerce and Transportation, shall carry out all other functions under subsection 106(e) of the Act, including promulgation of any appropriate regulations relating to the distribution of the materials described in subsection 106(e).
(c) The head of each executive branch agency responsible for the establishment and conduct of initiatives and programs described in subsections 106(a) through (e) of the Act shall consult with appropriate nongovernmental organizations consistent with section 106(f) of the Act.
(d) The Secretary of State shall have responsibility to initiate appropriate regulatory implementation of the requirements set out in section 106(g) of the Act with respect to contracts, including proposing appropriate amendments to the Federal Acquisition Regulation. Each affected executive branch department or agency shall implement, within that department or agency, the requirements set out in section 106(g) of the Act with respect to grants and cooperative agreements.
Sec. 6. Research on Trafficking in Persons. The entities named in section 112A of the Act [22 U.S.C. 7109a] shall carry out the research initiatives required by section 112A of the Act, and shall award grants according to such policies and guidelines as may be established by the SPOG described in section 105(f) of the Act [22 U.S.C. 7103(f)], as well as any applicable agency rules and regulations.
Sec. 7. Guidance for Exercising Authority and Performing Duties. In exercising authority delegated by, or performing functions assigned in, this order, officers of the United States shall ensure that all actions taken by them are consistent with the President’s constitutional authority to:
(a) conduct the foreign affairs of the United States;
(b) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties;
(c) recommend for congressional consideration such measures as the President may judge necessary or expedient; and
(d) supervise the unitary Executive Branch.
Sec. 8. Judicial Review. This order does not create any rights or benefits, enforceable at law or equity, against the United States, its departments, its agencies, or other entities, its officers or employees, or any other person.
