Federal · Title 22 — Foreign Relations and Intercourse
22 U.S.C. § 7104: Prevention of trafficking
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microcredit lending programs, training in business development, skills training, and job counseling; programs to promote women’s participation in economic decisionmaking; programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking; development of educational curricula regarding the dangers of trafficking; and grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries. 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. The terms “elementary school”, “local educational agency”, “other staff”, and “secondary school” have the meanings given the terms in section 7801 of title 20 . 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. The term “labor trafficking” means conduct described in section 7102(9)(B) 1 of this title. 1 See References in Text note below. The term “school staff” means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools. The term “sex trafficking” means the conduct described in section 7102(9)(A) 1 of this title. to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking. avoiding becoming victims of labor trafficking and sex trafficking; indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking; options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking; reporting requirements and procedures in accordance with applicable Federal and State law; and how to carry out activities authorized under subparagraph (A)(ii); and a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking. In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area. 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. 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. 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. The President shall monitor compliance with the requirements of paragraph (1). 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. 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). severe forms of trafficking in persons; the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect; the use of forced labor in the performance of the grant, contract, or cooperative agreement; or Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents. 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 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. 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. Charging recruited employees placement or recruitment fees. Providing or arranging housing that fails to meet the host country housing and safety standards. 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. 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; 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; foreign migrant workers are provided the same protection as nationals of the foreign country; labor recruitment firms are regulated; and workers providing domestic services in households are provided protection under labor rights laws; and 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. to prevent child marriage; to promote the empowerment of girls at risk of child marriage in developing countries; that should address the unique needs, vulnerabilities, and potential of girls younger than 18 years of age in developing countries; that targets areas in developing countries with high prevalence of child marriage; and that includes diplomatic and programmatic initiatives. subsection (g); title XVII of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 7104a et seq.); and 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); agency action to ensure that contractors are educated on the applicable laws and regulations listed in subparagraph (A); ensuring compliance with such laws and regulations; assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and evaluating steps contractors have taken to correct any such violation; the number of contracts containing language referring to the laws and regulations listed in subparagraph (A); and the number of contracts that did not contain any language referring to such laws and regulations; the number of allegations of severe forms of trafficking in persons received; and the source type of the allegation (such as contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract); the number of such allegations investigated by the agency; a summary of any findings from such investigations; and any improvements recommended by the agency to prevent such conduct from recurring; the number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18 ; and the outcomes of such referrals; 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 a contract was terminated pursuant to subsection (g) as a result of such violation; any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forms of trafficking in persons; any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons; and 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. the Committee on Foreign Affairs of the House of Representatives; the Committee on Armed Services of the House of Representatives; the Committee on Education and the Workforce of the House of Representatives; the Committee on the Judiciary of the House of Representatives; the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Foreign Relations of the Senate; the Committee on Armed Services of the Senate; the Committee on the Judiciary of the Senate; and the Committee on Health, Education, Labor, and Pensions of the Senate. 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. the information described in paragraph (1); and the information included in the most recent report submitted in accordance with section 7107(b) of this title . 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 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)). 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. the United States diplomatic or consular post at which a denied United States visa application was adjudicated; and the city or locality of residence of the applicant whose visa application was so denied. the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.”
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