Glossary

Glossary

The AMP Model is a visual depiction of the main elements of trafficking in persons: Action, Means, and Purpose.

Coercion: Coercion is defined as threats of serious harm to or physical restraint against any person; 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 the abuse or threatened abuse of the legal process (22 U.S.C. 7102 (3))

Commercial Sex Act: Any sex act on account of which anything of value is given to or received by any person. (22 U.S.C. 7102 (4))

CPARS: CPARS is the Contractor Performance Assessment Reporting System. It includes performance evaluations with both government and contractor comments to provide a balanced view of performance, and holds information about suspensions and debarments, terminations, subcontractor payment issues, and information on trafficking in persons https://www.cpars.gov/

Credible Information: The term “credible information” is actionable information that is received by U.S. authorities and includes reports from federal agencies, documentation provided by a foreign country, materials from civil society organizations, academic reports, media reports, and information from survivors of human trafficking vulnerable persons, and whistleblowers (22 U.S.C. 7102 (6))

Debt Bondage (22 U.S.C. 7102 (7)): 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.

Department of Defense Inspector General: The Department of Defense Inspector General (DoD IG) acts as the principal advisor to the Secretary of Defense in matters of Department fraud, waste, and abuse. The DoD IG has a hotline to report fraud, waste, and abuse, including trafficking in persons incidents: dodig.mil/hotline or 800.424.9098.

Employee: Under FAR Subpart 22.17, employee means an employee of a contractor directly engaged in the performance of work under a government contract.

FAPIIS: FAPIIS is the Federal Awardee Performance and Integrity Information System, a database that has been established to track contractor misconduct and performance. FAPIIS

Federal Acquisition Regulation (FAR): The FAR is the primary set of rules and regulations for use by all executive agencies in their acquisition of supplies and services with appropriated funds. FAR

Force: Force means (A) the use of a weapon; (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or (C) inflicting physical harm sufficient to coerce or compel submission by the victim. (Uniform Code of Military Justice (UCMJ), Section 920 of Title 10 United States Code)

Forced Labor (FAR Subpart 22.17 Definition): Knowingly providing or obtaining the labor or services of a person (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process.

Forcible Pandering (UCMJ Article 120c): Any person who compels another person to engage in an act of prostitution with any person.

Fraud: Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. In the context of human trafficking, fraud often involves false promises of jobs or other opportunities. (Section 7101 (b4) of Title 22 United States Code)

Human Trafficking: Human trafficking is a colloquial term; trafficking in persons is the legal term. 22 U.S.C. 7102 (11) defines "severe forms of trafficking in persons" as:

  1. 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
  2. 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

Involuntary Servitude (22 U.S.C. 7102 (8)): Includes a condition of servitude induced by means of:

  1. 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
  2. the abuse or threatened abuse of the legal process

Labor trafficking: Labor trafficking is a colloquial term for forced labor. See forced labor for legal definition.

Military Extraterritorial Jurisdiction Act (Public Law 106-523): The Military Extraterritorial Jurisdiction Act (MEJA) is the law that establishes United States Federal jurisdiction over offenses committed outside the United States including trafficking in persons offenses by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes.

Minor: Under the TVPA, a minor is any person under the age of 18.

National Human Trafficking Resource Center: A nongovernmental organization working to combat human trafficking. The National Human Trafficking Resource Center (NHTRC) maintains a national, toll-free hotline, available to answer calls from anywhere in the United States 24 hours a day, 7 days a week, every day of the year. Callers can report tips and receive information on human trafficking by calling the hotline at 1-888-373-7888. The hotline also provides data on where cases of suspected human trafficking are occurring in the United States.

Other Country Nationals (OCNs): People from countries other than the country you are in. This is the term now used instead of Third Country Nationals, which refers to individuals whose heritage is different than the country they are performing work in.

Patronizing a Prostitute (Charged under UCMJ Article 134 Pandering and prostitution): (a) That the accused engaged in a sexual act with another person not the accused’s spouse; (b) That the accused compelled, induced, enticed, or procured such person to engage in a sexual act in exchange for money or other compensation; (c) That this act was wrongful; and (d) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Peonage/Debt Bondage: 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.

Pimp: A pimp is an intermediary who procures a prostitute for customers. He/she controls and financially benefits from the commercial sexual exploitation of another person. (Black’s Law Dictionary)

Prostitute: A prostitute is a person who performs the acts of prostitution; a person paid to engage in sexual acts. In the UCMJ prostitution is defined as an accused [who] engaged in a sexual act with another person not the accused’s spouse, and did so for the purpose of receiving money or other compensation; (UCMJ Article 134 Pandering and prostitution)

Recruitment Fees: Recruitment fees refers to fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee. The timing of the fee is irrelevant. If a fee is associated with the recruiting process, it is a recruitment fee, regardless of when it is imposed. Any kind of recruitment fee is prohibited by the new Federal Acquisition Regulations (FAR) definition in Subpart 22.17.

Remedies: Remedies are administrative provisions that Acquisition Professionals can use to address non-compliance on the part of prime or sub-contractors. They are listed in FAR Clause 52.222-50(e) and include requiring the contractor to remove a contractor employee or employees from the performance of the contract; requiring the contractor to terminate a subcontract; suspending contract payments until the contractor has taken appropriate remedial action; loss of award fee, consistent with the award fee plan, for the performance period in which the USG determined contractor non-compliance; declining to exercise available options under the contract; terminating the contract for default or cause, in accordance with the termination clause of this contract; or suspending or debarring contractor.

Sex Trafficking: the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. (22 U.S.C. 7102(12))

Trafficking Victims Protection Act (Public Law 106-386): The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address human trafficking. The TVPA addressed existing gaps in the legal framework by creating new criminal offenses and establishing victim protections. The law created a three-pronged approach of prevention, protection, and prosecution.

Trafficking in Persons: The TVPA defines "severe forms of trafficking in persons" as 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 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 (22 U.S.C. 7102(11)

Uniform Code of Military Justice (UCMJ): The UCMJ is the criminal code that applies to Service members and in time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field. Certain offenses related to sex trafficking may be prosecuted under UCMJ including prostitution; patronizing a prostitute; pandering by compelling, inducing, enticing, or procuring an act of prostitution; pandering by arranging or receiving consideration for arranging for sexual intercourse or sodomy.

United States Government National Action Plan for Victim Services: A strategic plan for offering holistic services to victims of sex or labor trafficking.

Victim-Centered Approach: A victim-centered approach means the victim's wishes, safety, and well-being take priority in all matters and procedures. A victim-centered approach seeks to minimize re-traumatization associated with the criminal justice process by providing the support of victim advocates and service providers.

Victim/Witness Advocate: A Service or local civilian victim advocate is an individual trained to assist investigative professionals by offering support to potential TIP victims.