22 U.S.C. § 7109 — Strengthening prosecution and punish-

Page 1926 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7109 law enforcement activities of any State or sub- division thereof. (d) Omitted (e) Implementation (1) Delegation of authority The President may delegate any authority granted by this section, including the author- ity to designate foreign persons under para- graphs (1)(B) and (1)(C) of subsection (a). (2) Promulgation of rules and regulations The head of any agency, including the Sec- retary 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 pro- cedures 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 govern- ment 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. 106–386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484; Pub. L. 115–425, title I, § 124, Jan. 8, 2019, 132 Stat. 5479.) Editorial Notes CODIFICATION Section is comprised of section 111 of Pub. L. 106–386. Subsec. (d) of section 111 of Pub. L. 106–386 amended section 1182 of Title 8, Aliens and Nationality. AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 115–425, § 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. 115–425, § 124(2), added sub- par. (D). § 7109. Strengthening prosecution and punish- ment of traffickers (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 traf- ficking of persons including component or re- lated crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in further- ance of trafficking, and the Fair Labor Stand- ards 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 Sen- tencing Commission shall— (A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses de- scribed 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 appli- cable to peonage, involuntary servitude, and slave trade offenses; and (C) consider providing sentencing enhance- ments for those convicted of the offenses de- scribed in paragraph (1) of this subsection that— (i) involve a large number of victims; (ii) involve a pattern of continued and fla- grant 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 ex- pired. (Pub. L. 106–386, div. A, § 112, Oct. 28, 2000, 114 Stat. 1486.) Editorial Notes REFERENCES IN TEXT The 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 Pro- tection Act, referred to in subsec. (b)(1), is Pub. L. 97–470, 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. 100–182, Dec. 7, 1987, 101 Stat. 1266. Sec- tion 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 sec- tion 3551 of Title 18, Crimes and Criminal Procedure, and Tables. CODIFICATION Section is comprised of section 112 of Pub. L. 106–386. Subsec. (a) of section 112 of Pub. L. 106–386 enacted sec- tions 1589 to 1594 of Title 18, Crimes and Criminal Pro- cedure, and amended sections 1581, 1583, and 1584 of Title 18. Page 1927 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7109a § 7109a. Research on domestic and international trafficking in persons (a) In general The President, acting through the Council of Economic Advisors, the National Research Council of the National Academies, the Sec- retary of Labor, the Secretary of Health and Human Services, the Attorney General, the Sec- retary 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 pro- vides data to address the problems identified in the findings of this chapter. Such research ini- tiatives shall, to the maximum extent prac- ticable, include, but not be limited to, the fol- lowing: (1) The economic causes and consequences of trafficking in persons. (2) The effectiveness of programs and initia- tives funded or administered by Federal agen- cies to prevent trafficking in persons and to protect and assist victims of trafficking. (3) The interrelationship between trafficking in persons and global health risks, particu- larly HIV/AIDS. (4) Subject to subsection (b), the inter- relationship between trafficking in persons and terrorism, including the use of profits from trafficking in persons to finance ter- rorism. (5) An effective mechanism for quantifying the number of victims of trafficking on a na- tional, 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 chil- dren for use as soldiers, including steps taken to eliminate the abduction and enslavement of children for use as soldiers and recommenda- tions for such further steps as may be nec- essary to rapidly end the abduction and en- slavement of children for use as soldiers. (b) Role of Human Smuggling and Trafficking Center (1) In general The research initiatives described in para- graphs (4) and (5) of subsection (a) shall be car- ried out by the Human Smuggling and Traf- ficking Center, established under section 1777 of title 8. (2) Database The database described in subsection (a)(5) shall be established by combining all applica- ble data collected by each Federal department and agency represented on the Interagency Task Force to Monitor and Combat Traf- ficking, consistent with the protection of sources and methods, and, to the maximum extent practicable, applicable data from rel- evant international organizations, to— (A) improve the coordination of the collec- tion of data related to trafficking in persons by each agency of the United States Govern- ment that collects such data; (B) promote uniformity of such data col- lection 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 consulta- tion with the Director of the Office to Monitor and Combat Trafficking in Persons of the De- partment of State. (4) Authorization of appropriations There are authorized to be appropriated $1,000,000 to the Human Smuggling and Traf- ficking Center for each of the fiscal years 2022 through 2027 to carry out the activities de- scribed in this subsection. (c) Definitions In this section: (1) AIDS The term ‘‘AIDS’’ means the acquired im- mune deficiency syndrome. (2) HIV The term ‘‘HIV’’ means the human immuno- deficiency 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. 106–386, div. A, § 112A, as added Pub. L. 108–193, § 6(g)(1), Dec. 19, 2003, 117 Stat. 2883; amended Pub. L. 109–164, title I, § 104(c)(1), Jan. 10, 2006, 119 Stat. 3564; Pub. L. 110–457, title I, § 108(a), Dec. 23, 2008, 122 Stat. 5050; Pub. L. 113–4, title XII, § 1251(1), Mar. 7, 2013, 127 Stat. 155; Pub. L. 115–393, title III, § 301(a)(1), Dec. 21, 2018, 132 Stat. 5271; Pub. L. 117–347, title I, § 105(d)(1), Jan. 5, 2023, 136 Stat. 6204.) 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, Oct. 28, 2000, 114 Stat. 1466, known as the Traf- ficking Victims Protection Act of 2000, which is classi- fied principally to this chapter. For complete classi- fication of division A to the Code, see Short Title note set out under section 7101 of this title and Tables. AMENDMENTS 2023—Subsec. (b)(4). Pub. L. 117–347 substituted ‘‘2022 through 2027’’ for ‘‘2018 through 2021’’. 2018—Subsec. (b)(4). Pub. L. 115–393 substituted ‘‘2018 through 2021’’ for ‘‘2014 through 2017’’. 2013—Subsec. (b)(4). Pub. L. 113–4 substituted ‘‘$1,000,000’’ for ‘‘$2,000,000’’ and ‘‘2014 through 2017’’ for ‘‘2008 through 2011’’.