[House Report 109-317]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-317
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005
_______
December 8, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 972]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 972) to authorize appropriations for fiscal years 2006
and 2007 for the Trafficking Victims Protection Act of 2000,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 12
Background and Need for Legislation.............................. 13
Hearings......................................................... 13
Committee Consideration.......................................... 13
Vote of the Committee............................................ 14
Committee Oversight Findings..................................... 14
New Budget Authority and Tax Expenditures........................ 14
Congressional Budget Office Cost Estimate........................ 14
Performance Goals and Objectives................................. 18
Constitutional Authority Statement............................... 18
Section-by-Section Analysis and Discussion....................... 18
Changes in Existing Law Made by the Bill, as Reported............ 25
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trafficking Victims
Protection Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Prevention of trafficking in conjunction with post-conflict
and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in
persons.
Sec. 105. Additional activities to monitor and combat forced labor and
child labor.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and
strengthen assistance programs for certain persons subject to
trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in
persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated international
leadership in combating human trafficking and slavery through
the enactment of the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and
the Trafficking Victims Protection Reauthorization Act of 2003
(Public Law 108-193).
(2) The United States Government currently estimates that
600,000 to 800,000 individuals are trafficked across
international borders each year and exploited through forced
labor and commercial sex exploitation. An estimated 80 percent
of such individuals are women and girls.
(3) Since the enactment of the Trafficking Victims Protection
Act of 2000, United States efforts to combat trafficking in
persons have focused primarily on the international trafficking
in persons, including the trafficking of foreign citizens into
the United States.
(4) Trafficking in persons also occurs within the borders of
a country, including the United States.
(5) No known studies exist that quantify the problem of
trafficking in children for the purpose of commercial sexual
exploitation in the United States. According to a report issued
by researchers at the University of Pennsylvania in 2001, as
many as 300,000 children in the United States are at risk for
commercial sexual exploitation, including trafficking, at any
given time.
(6) Runaway and homeless children in the United States are
highly susceptible to being domestically trafficked for
commercial sexual exploitation. According to the National
Runaway Switchboard, every day in the United States, between
1,300,000 and 2,800,000 runaway and homeless youth live on the
streets. One out of every seven children will run away from
home before the age of 18.
(7) Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased security
challenges and vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor
exploitation. Foreign policy and foreign aid professionals
increasingly recognize the increased activity of human
traffickers in post-conflict settings and during humanitarian
emergencies.
(8) There is a need to protect populations in post-conflict
settings and humanitarian emergencies from being trafficked for
sexual or labor exploitation. The efforts of aid agencies to
address the protection needs of, among others, internally
displaced persons and refugees are useful in this regard.
Nonetheless, there is a need for further integrated programs
and strategies at the United States Agency for International
Development, the Department of State, and the Department of
Defense to combat human trafficking, including through
protection and prevention methodologies, in post-conflict
environments and during humanitarian emergencies.
(9) International and human rights organizations have
documented a correlation between international deployments of
military and civilian peacekeepers and aid workers and a
resulting increase in the number of women and girls trafficked
into prostitution in post-conflict regions.
(10) The involvement of employees and contractors of the
United States Government and members of the Armed Forces in
trafficking in persons, facilitating the trafficking in
persons, or exploiting the victims of trafficking in persons is
inconsistent with United States laws and policies and
undermines the credibility and mission of United States
Government programs in post-conflict regions.
(11) Further measures are needed to ensure that United States
Government personnel and contractors are held accountable for
involvement with acts of trafficking in persons, including by
expanding United States criminal jurisdiction to all United
States Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT
AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment.--Section 106 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104) is amended by adding at the end the following
new subsection:
``(h) Prevention of Trafficking in Conjunction With Post-Conflict and
Humanitarian Emergency Assistance.--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.''.
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development, in consultation with the
Secretary of Defense, shall conduct a study regarding
the threat and practice of trafficking in persons
generated by post-conflict and humanitarian emergencies
in foreign countries.
(B) Factors.--In carrying out the study, the
Secretary of State and the Administrator of the United
States Agency for International Development shall
examine--
(i) the vulnerabilities to human trafficking
of commonly affected populations, particularly
women and children, generated by post-conflict
and humanitarian emergencies;
(ii) the various forms of trafficking in
persons, both internal and trans-border,
including both sexual and labor exploitation;
(iii) a collection of best practices
implemented to date to combat human trafficking
in such areas; and
(iv) proposed recommendations to better
combat trafficking in persons in conjunction
with post-conflict reconstruction and
humanitarian emergencies assistance.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development, with the concurrence of the Secretary of Defense,
shall transmit to the Committee on International Relations and
the Committee on Armed Services of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Armed Services of the Senate a report that contains the results
of the study conducted pursuant to paragraph (1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to Information.--Section 107(c)(2) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by
adding at the end the following new sentence: ``To the extent
practicable, victims of severe forms of trafficking shall have access
to information about federally funded or administered anti-trafficking
programs that provide services to victims of severe forms of
trafficking.''.
(b) Establishment of Pilot Program for Residential Rehabilitative
Facilities for Victims of Trafficking.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of
the United States Agency for International Development
shall carry out a study to identify best practices for
the rehabilitation of victims of trafficking in group
residential facilities in foreign countries.
(B) Factors.--In carrying out the study under
subparagraph (A), the Administrator shall--
(i) investigate factors relating to the
rehabilitation of victims of trafficking in
group residential facilities, such as the
appropriate size of such facilities, services
to be provided, length of stay, and cost; and
(ii) give consideration to ensure the safety
and security of victims of trafficking, provide
alternative sources of income for such victims,
assess and provide for the educational needs of
such victims, including literacy, and assess
the psychological needs of such victims and
provide professional counseling, as
appropriate.
(2) Pilot program.--Upon completion of the study carried out
pursuant to paragraph (1), the Administrator of the United
States Agency for International Development shall establish and
carry out a pilot program to establish residential treatment
facilities in foreign countries for victims of trafficking
based upon the best practices identified in the study.
(3) Purposes.--The purposes of the pilot program established
pursuant to paragraph (2) are to--
(A) provide benefits and services to victims of
trafficking, including shelter, psychological
counseling, and assistance in developing independent
living skills;
(B) assess the benefits of providing residential
treatment facilities for victims of trafficking, as
well as the most efficient and cost-effective means of
providing such facilities; and
(C) assess the need for and feasibility of
establishing additional residential treatment
facilities for victims of trafficking.
(4) Selection of sites.--The Administrator of the United
States Agency for International Development shall select 2
sites at which to operate the pilot program established
pursuant to paragraph (2).
(5) Form of assistance.--In order to carry out the
responsibilities of this subsection, the Administrator of the
United States Agency for International Development shall enter
into contracts with, or make grants to, organizations with
relevant expertise in the delivery of services to victims of
trafficking.
(6) Report.--Not later than one year after the date on which
the first pilot program is established pursuant to paragraph
(2), the Administrator of the United States Agency for
International Development shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
implementation of this subsection.
(7) Authorization of appropriations.--There are authorized to
be appropriated to the Administrator of the United States
Agency for International Development to carry out this
subsection $2,500,000 for each of the fiscal years 2006 and
2007.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial Jurisdiction Over Certain Trafficking in Persons
Offenses.--
(1) In general.--Part II of title 18, United States Code, is
amended by inserting after chapter 212 the following new
chapter:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING
IN PERSONS OFFENSES
``Sec.
``3271. Trafficking in persons offenses committed by persons employed
by or accompanying the Federal Government outside the United States.
``3272. Definitions.
``Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government
outside the United States
``(a) Whoever, while employed by or accompanying the Federal
Government outside the United States, engages in conduct outside the
United States that would constitute an offense under chapter 77 or 117
of this title if the conduct had been engaged in within the United
States or within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``Sec. 3272. Definitions
``As used in this chapter:
``(1) The term `employed by the Federal Government outside
the United States' means--
``(A) employed as a civilian employee of the Federal
Government, as a Federal contractor (including a
subcontractor at any tier), or as an employee of a
Federal contractor (including a subcontractor at any
tier);
``(B) present or residing outside the United States
in connection with such employment; and
``(C) not a national of or ordinarily resident in the
host nation.
``(2) The term `accompanying the Federal Government outside
the United States' means--
``(A) a dependant of--
``(i) a civilian employee of the Federal
Government; or
``(ii) a Federal contractor (including a
subcontractor at any tier) or an employee of a
Federal contractor (including a subcontractor
at any tier);
``(B) residing with such civilian employee,
contractor, or contractor employee outside the United
States; and
``(C) not a national of or ordinarily resident in the
host nation.''.
(2) Clerical amendment.--The table of chapters at the
beginning of such part is amended by inserting after the item
relating to chapter 212 the following new item:
``212A. Extraterritorial jurisdiction over certain 3271''.
trafficking in persons offenses.
(b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of
title 18, United States Code, is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by adding ``or'' at the end; and
(3) by adding at the end the following new clause:
``(vii) trafficking in persons, selling or
buying of children, sexual exploitation of
children, or transporting, recruiting or
harboring a person, including a child, for
commercial sex acts;''.
(c) Definition of Racketeering Activity.--Section 1961(1)(B) of title
18, United States Code, is amended by striking ``1581-1591'' and
inserting ``1581-1592''.
(d) Civil and Criminal Forfeitures.--
(1) In general.--Chapter 117 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 2428. Forfeitures
``(a) In General.--The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in addition to
any other sentence imposed and irrespective of any provision of State
law, that such person shall forfeit to the United States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to commit or to
facilitate the commission of such violation; and
``(2) any property, real or personal, constituting or derived
from any proceeds that such person obtained, directly or
indirectly, as a result of such violation.
``(b) Property Subject to Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States and no property right shall
exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter.
``(B) Any property, real or personal, that
constitutes or is derived from proceeds traceable to
any violation of this chapter.
``(2) Applicability of chapter 46.--The provisions of chapter
46 of this title relating to civil forfeitures shall apply to
any seizure or civil forfeiture under this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2428. Forfeitures.''.
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Appointment to Interagency Task Force to Monitor and Combat
Trafficking.--Section 105(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(b)) is amended--
(1) by striking ``the Director of Central Intelligence'' and
inserting ``the Director of National Intelligence''; and
(2) by inserting ``, the Secretary of Defense, the Secretary
of Homeland Security'' after ``the Director of National
Intelligence'' (as added by paragraph (1)).
(b) Minimum Standards for the Elimination of Trafficking.--
(1) Amendments.--Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
(A) in paragraph (3), by adding at the end before the
period the following: ``, measures to reduce the demand
for commercial sex acts and for participation in
international sex tourism by nationals of the country,
measures to ensure that its nationals who are deployed
abroad as part of a peacekeeping or other similar
mission do not engage in or facilitate severe forms of
trafficking in persons or exploit victims of such
trafficking, and measures to prevent the use of forced
labor or child labor in violation of international
standards''; and
(B) in the first sentence of paragraph (7), by
striking ``persons,'' and inserting ``persons,
including nationals of the country who are deployed
abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of
trafficking in persons or exploit victims of such
trafficking,''.
(2) Effective date.--The amendments made by subparagraphs (A)
and (B) of paragraph (1) take effect beginning two years after
the date of the enactment of this Act.
(c) Research.--
(1) Amendments.--Section 112A of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(A) in the first sentence of the matter preceding
paragraph (1)--
(i) by striking ``The President'' and
inserting ``(a) In General.--The President'';
and
(ii) by striking ``the Director of Central
Intelligence'' and inserting ``the Director of
National Intelligence'';
(B) in paragraph (3), by adding at the end before the
period the following: ``, particularly HIV/AIDS'';
(C) by adding at the end the following new
paragraphs:
``(4) Subject to subsection (b), the interrelationship
between trafficking in persons and terrorism, including the use
of profits from trafficking in persons to finance terrorism.
``(5) An effective mechanism for quantifying the number of
victims of trafficking on a national, regional, and
international basis.
``(6) The abduction and enslavement of children for use as
soldiers, including steps taken to eliminate the abduction and
enslavement of children for use as soldiers and recommendations
for such further steps as may be necessary to rapidly end the
abduction and enslavement of children for use as soldiers.'';
and
(D) by further adding at the end the following new
subsections:
``(b) Role of Human Smuggling and Trafficking Center.--The research
initiatives described in subsection (a)(4) shall be carried out by the
Human Smuggling and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)).
``(c) Definitions.--In this section:
``(1) AIDS.--The term `AIDS' means the acquired immune
deficiency syndrome.
``(2) HIV.--The term `HIV' means the human immunodeficiency
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.''.
(2) Report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Human Smuggling
and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458)) shall
submit to the appropriate congressional committees a
report on the results of the research initiatives
carried out pursuant to section 112A(4) of the
Trafficking Victims Protection Act of 2000 (as added by
paragraph (1)(C) of this subsection).
(B) Definition.--In this paragraph, the term
``appropriate congressional committees'' means--
(i) the Committee on International Relations
and the Committee on the Judiciary of the House
of Representatives; and
(ii) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
(d) Foreign Service Officer Training.--Section 708(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the Director of the Office to Monitor and Combat Trafficking,''
after ``the International Religious Freedom Act of 1998'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) instruction on international documents and United
States policy on trafficking in persons, including provisions
of the Trafficking Victims Protection Act of 2000 (division A
of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect
the United States bilateral relationships.''.
(e) Prevention of Trafficking by Peacekeepers.--
(1) Inclusion in trafficking in persons report.--Section
110(b)(1) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) information on the measures taken by the United
Nations, the Organization for Security and Cooperation
in Europe, the North Atlantic Treaty Organization and,
as appropriate, other multilateral organizations in
which the United States participates, to prevent the
involvement of the organization's employees, contractor
personnel, and peacekeeping forces in trafficking in
persons or the exploitation of victims of
trafficking.''.
(2) Report by secretary of state.--At least 15 days prior to
voting for a new or reauthorized peacekeeping mission under the
auspices of the United Nations, the North Atlantic Treaty
Organization, or any other multilateral organization in which
the United States participates (or in an emergency, as far in
advance as is practicable), the Secretary of State shall submit
to the Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and any other appropriate congressional committee a
report that contains--
(A) a description of measures taken by the
organization to prevent the organization's employees,
contractor personnel, and peacekeeping forces serving
in the peacekeeping mission from trafficking in
persons, exploiting victims of trafficking, or
committing acts of sexual exploitation or abuse, and
the measures in place to hold accountable any such
individuals who engage in any such acts while
participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each of the
measures referred to in subparagraph (A).
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) Activities of the Department of State.--
(1) Finding.--Congress finds that in the report submitted to
Congress by the Secretary of State in June 2005 pursuant to
section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)), the list of countries whose
governments do not comply with the minimum standards for the
elimination of trafficking and are not making significant
efforts to bring themselves into compliance was composed of a
large number of countries in which the trafficking involved
forced labor, including the trafficking of women into domestic
servitude.
(2) Sense of congress.--It is the sense of Congress that the
Director of the Office to Monitor and Combat Trafficking of the
Department of State should intensify the focus of the Office on
forced labor in the countries described in paragraph (1) and
other countries in which forced labor continues to be a serious
human rights concern.
(b) Activities of the Department of Labor.--
(1) In general.--The Secretary of Labor, acting through the
head of the Bureau of International Labor Affairs of the
Department of Labor, shall carry out additional activities to
monitor and combat forced labor and child labor in foreign
countries as described in paragraph (2).
(2) Additional activities described.--The additional
activities referred to in paragraph (1) are--
(A) to monitor the use of forced labor and child
labor in violation of international standards;
(B) to provide information regarding trafficking in
persons for the purpose of forced labor to the Office
to Monitor and Combat Trafficking of the Department of
State for inclusion in trafficking in persons report
required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b));
(C) to develop and make available to the public a
list of goods from countries that the Bureau of
International Labor Affairs has reason to believe are
produced by forced labor or child labor in violation of
international standards;
(D) to work with persons who are involved in the
production of goods on the list described in
subparagraph (C) to create a standard set of practices
that will reduce the likelihood that such persons will
produce goods using the labor described in such
subparagraph; and
(E) to consult with other departments and agencies of
the United States Government to reduce forced and child
labor internationally and ensure that products made by
forced labor and child labor in violation of
international standards are not imported into the
United States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program To Reduce Trafficking in Persons and Demand for
Commercial Sex Acts in the United States.--
(1) Comprehensive research and statistical review and
analysis of incidents of trafficking in persons and commercial
sex acts.--
(A) In general.--The Attorney General shall use
available data from State and local authorities as well
as research data to carry out a biennial comprehensive
research and statistical review and analysis of severe
forms of trafficking in persons, and a biennial
comprehensive research and statistical review and
analysis of sex trafficking and unlawful commercial sex
acts in the United States, and shall submit to Congress
separate biennial reports on the findings.
(B) Contents.--The research and statistical review
and analysis under this paragraph shall consist of two
separate studies, utilizing the same statistical data
where appropriate, as follows:
(i) The first study shall address severe
forms of trafficking in persons in the United
States and shall include, but need not be
limited to--
(I) the estimated number and
demographic characteristics of persons
engaged in acts of severe forms of
trafficking in persons; and
(II) the number of investigations,
arrests, prosecutions, and
incarcerations of persons engaged in
acts of severe forms of trafficking in
persons by States and their political
subdivisions.
(ii) The second study shall address sex
trafficking and unlawful commercial sex acts in
the United States and shall include, but need
not be limited to--
(I) the estimated number and
demographic characteristics of persons
engaged in sex trafficking and
commercial sex acts, including
purchasers of commercial sex acts;
(II) the estimated value in dollars
of the commercial sex economy,
including the estimated average annual
personal income derived from acts of
sex trafficking;
(III) the number of investigations,
arrests, prosecutions, and
incarcerations of persons engaged in
sex trafficking and unlawful commercial
sex acts, including purchasers of
commercial sex acts, by States and
their political subdivisions; and
(IV) a description of the differences
in the enforcement of laws relating to
unlawful commercial sex acts across the
United States.
(2) Trafficking conference.--
(A) In general.--The Attorney General, in
consultation and cooperation with the Secretary of
Health and Human Services, shall conduct an annual
conference in each of the fiscal years 2006, 2007, and
2008, and thereafter conduct a biennial conference,
addressing severe forms of trafficking in persons and
commercial sex acts that occur, in whole or in part,
within the territorial jurisdiction of the United
States. At each such conference, the Attorney General,
or his designee, shall--
(i) announce and evaluate the findings
contained in the research and statistical
reviews carried out under paragraph (1);
(ii) disseminate best methods and practices
for enforcement of laws prohibiting acts of
severe forms of trafficking in persons and
other laws related to acts of trafficking in
persons, including, but not limited to, best
methods and practices for training State and
local law enforcement personnel on the
enforcement of such laws;
(iii) disseminate best methods and practices
for training State and local law enforcement
personnel on the enforcement of laws
prohibiting sex trafficking and commercial sex
acts, including, but not limited to, best
methods for investigating and prosecuting
exploiters and persons who solicit or purchase
an unlawful commercial sex act; and
(iv) disseminate best methods and practices
for training State and local law enforcement
personnel on collaborating with social service
providers and relevant nongovernmental
organizations and establishing trust of persons
subjected to commercial sex acts or severe
forms of trafficking in persons.
(B) Participation.--Each annual conference conducted
under this paragraph shall involve the participation of
persons with expertise or professional responsibilities
with relevance to trafficking in persons, including,
but not limited to--
(i) Federal government officials, including
law enforcement and prosecutorial officials;
(ii) State and local government officials,
including law enforcement and prosecutorial
officials;
(iii) persons who have been subjected to
severe forms of trafficking in persons or
commercial sex acts;
(iv) medical personnel;
(v) social service providers and relevant
nongovernmental organizations; and
(vi) academic experts.
(C) Reports.--The Attorney General and the Secretary
of Health and Human Services shall prepare and post on
the respective Internet Web sites of the Department of
Justice and the Department of Health and Human Services
reports on the findings and best practices identified
and disseminated at the conference described in this
paragraph.
(b) Termination of Certain Grants, Contracts, and Cooperative
Agreements.--Section 106(g) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104) is amended--
(1) by striking ``Cooperative Agreements.--'' and all that
follows through ``The President shall'' and inserting
``Cooperative Agreements.--The President shall'';
(2) by striking ``described in paragraph (2)''; and
(3) by striking paragraph (2).
(c) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $2,500,000 for each of the fiscal years 2006 and 2007 to
carry out the activities described in subsection (a)(1)(B)(i)
and $2,500,000 for each of the fiscal years 2006 and 2007 to
carry out the activities described in subsection (a)(1)(B)(ii);
and
(2) $1,000,000 for each of the fiscal years 2006 through 2007
to carry out the activities described in subsection (a)(2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
(a) Grant Program.--The Secretary of Health and Human Services may
make grants to States, Indian tribes, units of local government, and
nonprofit, nongovernmental victims' service organizations to establish,
develop, expand, and strengthen assistance programs for United States
citizens or aliens admitted for permanent residence who are the subject
of sex trafficking or severe forms of trafficking in persons that
occurs, in whole or in part, within the territorial jurisdiction of the
United States.
(b) Selection Factor.--In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to applicants with
experience in the delivery of services to persons who have been
subjected to sexual abuse or commercial sexual exploitation and to
applicants who would employ survivors of sexual abuse or commercial
sexual exploitation as a part of their proposed project.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to
carry out the activities described in this section.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) Establishment of Pilot Program.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Health and
Human Services shall establish and carry out a pilot program to
establish residential treatment facilities in the United States for
juveniles subjected to trafficking.
(b) Purposes.--The purposes of the pilot program established pursuant
to subsection (a) are to--
(1) provide benefits and services to juveniles subjected to
trafficking, including shelter, psychological counseling, and
assistance in developing independent living skills;
(2) assess the benefits of providing residential treatment
facilities for juveniles subjected to trafficking, as well as
the most efficient and cost-effective means of providing such
facilities; and
(3) assess the need for and feasibility of establishing
additional residential treatment facilities for juveniles
subjected to trafficking.
(c) Selection of Sites.--The Secretary of Health and Human Services
shall select three sites at which to operate the pilot program
established pursuant to subsection (a).
(d) Form of Assistance.--In order to carry out the responsibilities
of this section, the Secretary of Health and Human Services shall enter
into contracts with, or make grants to, organizations that--
(1) have relevant expertise in the delivery of services to
juveniles who have been subjected to sexual abuse or commercial
sexual exploitation; or
(2) have entered into partnerships with organizations that
have expertise as described in paragraph (1) for the purpose of
implementing the contracts or grants.
(e) Report.--Not later than one year after the date on which the
first pilot program is established pursuant to subsection (a), the
Secretary of Health and Human Services shall submit to Congress a
report on the implementation of this section.
(f) Definition.--In this section, the term ``juvenile subjected to
trafficking'' means a United States citizen, or alien admitted for
permanent residence, who is the subject of sex trafficking or severe
forms of trafficking in persons that occurs, in whole or in part,
within the territorial jurisdiction of the United States and who has
not attained 18 years of age at the time the person is identified as
having been the subject of sex trafficking or severe forms of
trafficking in persons.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $5,000,000 for each of the fiscal years 2006 and 2007.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of Grant Program for Law Enforcement.--
(1) In general.--The Attorney General may make grants to
States and local law enforcement agencies to establish,
develop, expand, or strengthen programs--
(A) to investigate and prosecute acts of severe forms
of trafficking in persons, and related offenses, which
involve United States citizens, or aliens admitted for
permanent residence, and that occur, in whole or in
part, within the territorial jurisdiction of the United
States;
(B) to investigate and prosecute persons who engage
in the purchase of commercial sex acts;
(C) to educate persons charged with, or convicted of,
purchasing or attempting to purchase commercial sex
acts; and
(D) to educate and train law enforcement personnel in
how to establish trust of persons subjected to
trafficking and encourage cooperation with prosecution
efforts.
(2) Definition.--In this subsection, the term ``related
offenses'' includes violations of tax laws, transacting in
illegally derived proceeds, money laundering, racketeering, and
other violations of criminal laws committed in connection with
an act of sex trafficking or a severe form of trafficking in
persons.
(b) Multi-Disciplinary Approach Required.--Grants under subsection
(a) may be made only for programs in which the State or local law
enforcement agency works collaboratively with social service providers
and relevant nongovernmental organizations, including organizations
with experience in the delivery of services to persons who are the
subject of trafficking in persons.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$25,000,000 for each of the fiscal years 2006 and 2007.
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) the amount, recipient, and purpose of each
grant under sections 202 and 204 of the Trafficking
Victims Protection Act of 2005; and''.
SEC. 206. SENIOR POLICY OPERATING GROUP.
Each Federal department or agency involved in grant activities
related to combatting trafficking or providing services to persons
subjected to trafficking inside the United States shall, as the
department or agency determines appropriate, apprise the Senior Policy
Operating Group established by section 105(f) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)),
under the procedures established by the Senior Policy Operating Group,
of such activities of the department or agency to ensure that the
activities are consistent with the purposes of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).
SEC. 207. DEFINITIONS.
In this title:
(1) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given the term in section 103(8) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(8)).
(2) Sex trafficking.--The term ``sex trafficking'' has the
meaning given the term in section 103(9) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
(3) Commercial sex act.--The term ``commercial sex act'' has
the meaning given the term in section 103(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(3)).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) by striking ``and $5,000,000'' and inserting
``$5,000,000'';
(B) by adding at the end before the period the
following: ``, and $5,500,000 for each of the fiscal
years 2006 and 2007''; and
(C) by further adding at the end the following new
sentence: ``In addition, there are authorized to be
appropriated to the Office to Monitor and Combat
Trafficking for official reception and representation
expenses $3,000 for each of the fiscal years 2006 and
2007.'';
(2) in subsection (b), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007'';
(3) in subsection (c)(1), by striking ``2004 and 2005'' each
place it appears and inserting ``2004, 2005, 2006, and 2007'';
(4) in subsection (d), by striking ``2004 and 2005'' each
place it appears and inserting ``2004, 2005, 2006, and 2007'';
(5) in subsection (e)--
(A) in paragraphs (1) and (2), by striking ``2003
through 2005'' and inserting ``2003 through 2007''; and
(B) in paragraph (3), by striking ``$300,000 for
fiscal year 2004 and $300,000 for fiscal year 2005''
and inserting ``$300,000 for each of the fiscal years
2004 through 2007'';
(6) in subsection (f), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007''; and
(7) by adding at the end the following new subsections:
``(h) Authorization of Appropriations to Director of the FBI.--There
are authorized to be appropriated to the Director of the Federal Bureau
of Investigation $15,000,000 for fiscal year 2006, to remain available
until expended, to investigate severe forms of trafficking in persons.
``(i) Authorization of Appropriations to the Secretary of Homeland
Security.--There are authorized to be appropriated to the Secretary of
Homeland Security, $18,000,000 for each of the fiscal years 2006 and
2007, to remain available until expended, for investigations by the
Bureau of Immigration and Customs Enforcement of severe forms of
trafficking in persons.''.
Purpose and Summary
H.R. 972, the ``Trafficking Victims Protection
Reauthorization Act of 2005,'' amends and reauthorizes
appropriations for fiscal years 2006 and 2007 for the
Trafficking Victims Protection Act of 2000. The bill
strengthens the United States government's ability to combat
trafficking in persons by enhancing criminal penalties for
human trafficking, protects of victims of trafficking, and
ensuring the more effective prosecution of traffickers by
bringing particular attention to the problem of internal
trafficking of United States citizens and nationals within the
territory of the United States.
This legislation includes improves United States efforts to
combat trafficking internationally, establishes new crimes for
trafficking offenses committed by certain United States
persons, and launches new initiatives to assist the victims of
trafficking in the United States. The bill creates criminal
jurisdiction in United States courts over Federal trafficking
in persons offenses committed by Federal employees and
contractors while outside the United States, and classifies the
trafficking in persons offenses as actionable under Federal
money laundering, racketeering, and civil and criminal
forfeiture statutes. The legislation also: establishes a grant
program to improve victim service programs for United States
citizens and nationals victimized by trafficking and a pilot
program for residential care for juvenile trafficking victims;
establishes a grant program to improve State and local
responses to certain trafficking cases that involve United
States citizens, or persons admitted for permanent residence;
and authorizes appropriations for fiscal years 2006 and 2007
for the FBI and DHS for trafficking investigations.
In addition to H.R. 972, another more narrowly tailored
bill addressing sex trafficking in the United States, H.R.
2012, the ``End Demand for Sex Trafficking Act of 2005,'' was
introduced and referred to the Committee on Judiciary. A number
of Members of the Judiciary Committee are cosponsors of one or
both of these bills. H.R. 2012 provides grants to State and
local governments to combat commercial sex trafficking. H.R.
2012 is intended to encourage the prosecution of purchasers of
commercial sex act and individuals who exploit others in the
commercial sex trade. Additionally, the legislation requires
the Attorney General to evaluate the efficiency of the grants
and provide statistics on the effectiveness of certain
approaches in an effort to establish the best practices for
reducing the demand for sex trafficking.
As the two bills create grant programs that address similar
problems, both measures were incorporated into one legislative
vehicle. An amendment offered by Chairman Sensenbrenner was
adopted to replace the language of title II of this legislation
with provisions that will satisfy the purpose of the studies
and grant programs of both H.R. 972 and H.R. 2012. The grant
programs will assist persons who are trafficked and provide
grants for law enforcement to combat trafficking within the
United States.
Background and Need for Legislation
The Trafficking Victims Protection Act (TVPA), Pub. L. No.
106-386, was enacted in October 2000 to combat trafficking in
persons; ensure the prosecution of traffickers of children,
women and men; and to better protect the victims of
trafficking. The TVPA was amended and funding reauthorized in
the Foreign Relations Authorization Act, Fiscal Year 2003, Pub.
L. No. 107-228. The TVPA was further amended and funding
reauthorized for fiscal years 2004 and 2005 through the
Trafficking Victims Protection Reauthorization Act of 2003,
P.L. 108-193, signed into law on December 19, 2003.
Each year, an estimated 800,000 to 900,000 human beings are
bought, sold or forcefully moved across the world's borders.
The United States government estimates that 18,000 to 20,000
people are trafficked annually into the United States. The
United States is primarily a destination country--meaning that
people from other countries are trafficked into the United
States. Among them are a troubling number of teenage girls who
fall victim to the sex trade. This issue can only be remedied
by a coordinated Federal response to fighting human
trafficking. President Bush has made it clear that ending
demand for trafficking is a critical component of this effort.
The President has stated, ``we cannot put [human traffickers]
out of business until and unless we deal with the problem of
demand.''
The provisions of H.R. 2012, as well as the language of the
amendment proposed, are endorsed by a number of groups
dedicated to reducing the demand for commercial sex acts as a
way to combat trafficking including: AEGIS Foundation; Basic
Ministries International of Midland, TX; Breaking Free;
Coalition Against Trafficking in Women; Concerned Women for
America; Dignity House; End Child Prostitution; Child
Pornography and Trafficking of Children for Sexual Purposes-
USA, Inc.; Equality Now; Faces of Children; Hudson Institute;
Institute on Religion and Democracy; Institute on Religion and
Public Policy; Leadership Council for Human Rights; National
Association of Evangelicals; Religious Freedom Coalition;
Salvation Army; Shared Hope International; Southern Baptist
Convention; Standing Against Global Exploitation (SAGE);
Survivor Services and Education Network; Union of Orthodox
Jewish Congregations of America; VERONICA'S Voice; and World
Vision.
Hearings
The House Committee on the Judiciary held no hearings on
H.R. 972.
Committee Consideration
On February 17, 2005, the House Committee on the Judiciary
received a sequential referral of H.R. 972. The Committee on
International Relations ordered favorably reported the bill
H.R. 972, as amended, by voice vote, a quorum being present on
October 7, 2005. The Committee on the Judiciary ordered
favorably reported the bill H.R. 972, as amended, by voice
vote, a quorum being present on December 8, 2005.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the Committee consideration of
H.R. 972.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill H.R. 972, the following estimate and
comparison prepared by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 8, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 972, the
Trafficking Victims Protection Reauthorization Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas Holtz-Eakin, Director.
Enclosure.
H.R. 972--Trafficking Victims Protection Reauthorization Act of 2005
Summary: H.R. 972 would reauthorize several programs within
the Departments of State, Labor, Justice, and Health and Human
Services, and within other agencies that combat trafficking in
persons. The bill would authorize the appropriation of $188
million in 2006 and $173 million in 2007. In total, CBO
estimates that implementing the bill would cost $68 million in
2006 and $342 million over the 2006-2010 period, assuming
appropriation of the authorized amounts. (A portion of the
authorized funding would be spent after 2010.) The bill also
contains provisions that would affect direct spending and
revenues, but CBO estimates these provisions would not have a
significant effect.
H.R. 972 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA); however, CBO
estimates that the cost of the mandate would not be significant
and would be well below the threshold established in that act
($62 million in 2005, adjusted for inflation). Other provisions
of the bill would provide grant assistance to state, local, and
tribal governments for programs benefitting victims of
trafficking crimes. This bill contains no new private-sector
mandates as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 972 is shown in the following table.
The costs of this legislation fall within budget functions 150
(international affairs), 500 (education, training, employment,
and social services), 550 (health), and 750 (administration of
justice).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1, 2
Overseas Assistance:
Authorization Level......... 63 63 0 0 0
Estimated Outlays........... 9 34 37 22 10
Department of Justice:
Authorization Level......... 79 64 0 0 0
Estimated Outlays........... 41 46 24 16 11
Department of Health and Human
Services:
Authorization Level......... 30 30 0 0 0
Estimated Outlays........... 7 22 21 8 2
Department of Labor:
Authorization Level......... 10 10 0 0 0
Estimated Outlays........... 7 9 3 1 *
Department of State:
Authorization Level......... 6 6 0 0 0
Estimated Outlays........... 4 5 1 * *
Total:
Authorization Level......... 188 173 0 0 0
Estimated Outlays........... 68 116 87 48 24
------------------------------------------------------------------------
\1\ In addition to effects on spending subject to appropriation, CBO
estimates enacting H.R. 972 would have an insignificant effect on
direct spending and receipts.
\2\ Five-year costs in text and totals in the table differ slightly from
a summation of the annual costs shown here because of rounding.
Note: * = less than $500,000.
Basis of estimate:
Spending subject to appropriation
For purposes of this estimate, CBO assumes that this
legislation will be enacted early in calendar year 2006, that
the specified and estimated authorization amounts will be
appropriated near the start of each fiscal year, and that
outlays will follow historical spending patterns for existing
and similar programs. The bill would authorize the
appropriation of $188 million in 2006 and $173 million in 2007.
In total, CBO estimates that implementing this legislation
would cost $68 million in 2006 and $342 million over the 2006-
2010 period, assuming appropriation of the necessary amounts.
Overseas Assistance. The bill would authorize the
appropriation of $30 million a year for 2006 and 2007 to the
Secretary of State and $30 million a year to the President in
those same years for programs to prevent trafficking in
persons, to protect victims of trafficking, and to assist
foreign states in meeting minimum standards for the elimination
of trafficking. In addition, the bill would authorize $300,000
a year in 2006 and 2007 for research on domestic and
international trafficking in persons. Finally, the bill would
authorize the appropriation of $2.5 million a year for 2006 and
2007 to the U.S. Agency for International Development to
establish residential treatment facilities in foreign countries
that would treat the victims of trafficking. CBO estimates that
implementing these provisions would cost $9 million in 2006 and
$113 million over the 2006-2010 period, assuming appropriation
of the necessary amounts.
Department of Justice. H.R. 972 would authorize the
appropriation of:
$25 million a year for fiscal years 2006 and
2007 for the Attorney General to make grants to state
and local governments to combat trafficking in persons
and commercial sex acts;
$15 million a year for fiscal years 2006 and
2007 for the Attorney General to make grants to states,
localities, and nonprofit organizations to establish or
expand service programs for victims of trafficking;
$15 million for fiscal year 2006 for the
Federal Bureau of Investigation to investigate severe
forms of trafficking in persons;
$18 million a year for fiscal years 2006 and
2007 for the Bureau of Immigration and Customs
Enforcement in the Department of Homeland Security to
investigate severe forms of trafficking in persons;
$6 million a year for fiscal years 2006 and
2007 for the Attorney General to carry out studies and
hold conferences on trafficking of persons and
commercial sex acts in the United States; and
$250,000 a year for fiscal years 2006 and
2007 for the Attorney General and the Secretary of
State to train law enforcement officers, prosecutors,
and judges and their staff with respect to cases
involving trafficking in persons.
Department of Health and Human Services. H.R. 972 would
authorize the appropriation of $25 million a year for fiscal
years 2006 and 2007 to the Department of Health and Human
Services for the purpose of identifying victims of trafficking.
In addition, section 203 would authorize the appropriation of
$5 million a year for fiscal years 2006 and 2007 to carry out a
pilot program to establish residential treatment facilities for
juvenile victims of trafficking.
Department of Labor. H.R. 972 would authorize the
appropriation of $10 million a year for fiscal years 2006 and
2007 to the Department of Labor to carry out responsibilities
under the Trafficking Victims Protection Act, including
additional activities to monitor and combat forced labor and
child labor in foreign countries.
Department of State. The bill would authorize the
appropriation of $5.5 million a year for fiscal years 2006 and
2007 for the Interagency Task Force to coordinate the
implementation of the Trafficking Victims Protection Act.
Direct spending and revenues
Criminal Fines and Seizure of Assets. Section 103 would
establish a new federal crime for trafficking in persons
committed by individuals employed by the federal government or
accompanying federal employees when outside of the United
States. Thus, the government could pursue new cases related to
trafficking. Because those prosecuted and convicted under H.R.
972 could be subject to criminal fines, the federal government
might collect additional fines if the bill is enacted.
Collections of such fines are recorded in the budget as
revenues, which are deposited in the Crime Victims Fund and
later spent. CBO expects that any additional revenues and
direct spending would not be significant.
Persons prosecuted and convicted under the bill also could
be subject to the seizure of certain assets by the federal
government. Proceeds from the sale of such assets would be
deposited into the Assets Forfeiture Fund and spent from that
fund, mostly in the same year. Thus, enacting H.R. 972 could
increase both revenues deposited into the fund and direct
spending from the fund. However, CBO estimates that any
increased revenues or spending would be negligible.
Intergovernmental and private-sector impact: H.R. 972
contains an intergovernmental mandate as defined in UMRA
because it would require courts to order the property of
convicted traffickers be forfeited to the federal government.
This provision would preempt state laws and could result in the
loss of forfeited properties for those governments. Because the
number of trafficking cases prosecuted under state law is
small, however, CBO estimates any such loss to state
governments would not be significant and would be well below
the threshold established in that act ($62 million in 2005,
adjusted for inflation). This bill contains no new private-
sector mandates as defined in UMRA.
Previous CBO estimate: On October 19, 2005, CBO transmitted
a cost estimate for H.R. 972, the Trafficking Victims
Protection Reauthorization Act of 2005, as ordered reported by
the House Committee on International Relations on October 7,
2005. The two versions of the bill and their estimated costs
are similar. The version of H.R. 972 approved by the House
Committee on International Relations would specifically
authorize the appropriation of $147 million in 2006 and $132
million in 2007. In addition, CBO estimated that the Department
of Justice would need $15 million in additional appropriations
annually to implement a new grant program under that version of
the bill. In contrast, the Judiciary Committee's version of the
bill would authorize the appropriation of $188 million in 2006
and $173 million in 2007.
Estimate prepared by: Federal Costs: Overseas Assistance:
Sam Papenfuss; Department of Justice: Mark Grabowicz;
Department of Health and Human Services: Matthew Kapuscinski;
Department of Labor: Christina Hawley Sadoti; Department of
State: Sunita D'Monte.
Impact on State, Local, and Tribal Governments: Melissa
Merrell.
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
972 will help law enforcement combat severe forms of
trafficking and sex trafficking in the United States.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in art. I, section 8, cl. 3 of the
Constitution.
Section-by-Section Analysis and Discussion
The following section-by-section analysis describes the
bill as reported by the Committee on the Judiciary.
Section 1. Short title
This section states that this act may be cited as the
``Trafficking Victims Protection Reauthorization Act of 2005.''
Section 2. Findings
This section states the Congress' findings that the
demonstrated leadership of the United States in combatting
human trafficking and slavery through the enactment of the
Trafficking Victims Protection Act of 2000 (division A of Pub.
L. No. 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking
Victims Protection Reauthorization Act of 2003 (Pub. L. No.
108-193). The current United States government estimate of
people trafficked across international borders each year and
exploited through forced labor and commercial sex exploitation
is 600,000 to 800,000; an estimated 80 percent of these
individuals are women and girls. The Committee notes that as a
result of refined data collection processes and statistical
analysis, the United States government currently estimates that
the number of individuals (men, women and children) trafficked
into the United States each year to be 14,500-17,500,
individuals compared to the ``approximately 50,000 women and
children'' cited in the Trafficking Victims Protection Act of
2000.
The findings state that since enactment of the Trafficking
Victims Protection Act of 2000, United States efforts to combat
trafficking in persons have focused primarily on the
international trafficking in persons, including the trafficking
of foreign citizens into the United States, but trafficking in
persons also occurs within countries. The Committee notes with
concern that the law enforcement data, media reports and other
evidence support the conclusion that a significant problem
exists in the United States with internal (also referred to as
domestic) trafficking, particularly involving children
exploited in prostitution. The findings also state that no
known studies exist that quantify this problem. However,
researchers at the University of Pennsylvania estimated in
2001, that as many as 300,000 children in the United States are
at risk for commercial sexual exploitation, including
trafficking, at any given time. This section finds that runaway
and homeless children in the United States are highly
susceptible to being domestically trafficked for commercial
sexual exploitation. One source estimates that between 1.3
million and 2.8 million runaway and homeless youth live on the
streets in the United States, and one out of every seven
children will run away from home before the age of 18. The
dearth of published facts and figures about the numbers and
lives of sexually exploited youth highlights the hidden nature
of commercial sexual exploitation of children in the United
States and emphasizes the need for law enforcement and social
service organizations to seek systematic and verifiable
information.
Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased security
challenges and vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor
exploitation. Foreign policy and foreign aid professionals
increasingly recognize the increased activity of human
traffickers in post-conflict settings and during humanitarian
emergencies. There is a need to protect populations in post-
conflict settings and humanitarian emergencies from being
trafficked for sexual or labor exploitation. The efforts of aid
agencies to address the protection needs of, among others,
internally displaced persons and refugees are useful in this
regard. Nonetheless, there remains a need for further programs
and strategies at the United States Agency for International
Development, the Department of State, and the Department of
Defense, among others, to combat human trafficking, including
through protection and prevention methodologies, in post-
conflict environments and during humanitarian emergencies.
International and human rights organizations have
documented a correlation between international deployments of
military and civilian peacekeepers and aid workers and a
resulting increase in the number of women and girls trafficked
into prostitution in post-conflict regions. The involvement of
Federal government employees or contractors, including members
of the Armed Forces, in trafficking in persons is inconsistent
with United States laws and policies and undermines the efforts
of government programs in post-conflict regions. Further
measures are needed to deter such actions and ensure that
personnel are held accountable for involvement with acts of
trafficking.
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
Section 102. Protection of victims of trafficking in persons
This section amends section 107(c)(2) of the TVPA by
requiring that to the extent practicable, victims of severe
forms of trafficking shall have access to information about
Federally funded or administered anti-trafficking programs that
provide services to such victims. The Committee is concerned by
reports from victim advocates, including organizations funded
by the Federal government, that Federal law enforcement
officials in some instances failed to share with victims of
severe forms of trafficking information about victim-service
programs that can assist them with shelter, food, medical care,
legal assistance and other needs, or to inform them about the
possibility of applying for benefits via the Department of
Health and Human Services or for a T-visa. Information should
be made available to every victim of a severe form of
trafficking in the UnitedStates who meets the criteria
established by the TVPA, as amended, for receipt of benefits or
issuance of a T-visa about his or her eligibility for both such
benefits and such visa while in contact with Federal law enforcement
authorities.
Section 103. Enhancing prosecutions of trafficking offenses
Subsection (a) provides United States courts with
jurisdiction over Federal government employees or contractors,
and those accompanying them, for the prosecution of Federal
trafficking offenses that are committed outside the United
States. This jurisdiction already exists under the Military
Extraterritorial Jurisdiction Act of 2000, as amended by the
Defense Authorization Act of 2004, for Department of Defense
contractors and other Federal contractors operating abroad in
support of a Department of Defense mission, but does not
currently extend to non-Department of Defense-related
contractors. The Committee has long been concerned about the
involvement of Federal contractors in human trafficking and
other misconduct. At an April 2002 hearing, the Committee
received testimony regarding the involvement of some employees
or agents of a Federal contractor operating in Bosnia-
Herzegovina in prostitution, human trafficking, and sexual
misconduct. Both Department of Defense and non-Department of
Defense contractors were involved, however, under United States
law at that time, only Department of Defense contractors could
be prosecuted in United States courts. It is the view of the
Committee that contractors, and their employees and agents,
must be held to the same standards of conduct required under
United States laws while under United States government
contracts abroad. This requirement is more clear when such
contractors are operating in areas where they are unlikely to
be held accountable under local laws.
Subsection (b) amends title 18 of the United States Code to
allow trafficking offenses to be considered ``specified
unlawful activity'' for which prosecutions may be brought using
the money laundering statutes. Subsection (c) amends title 18
of the United States Code to expand the list of trafficking
offenses that may be considered as offenses for which may be
prosecuted using the powers of the Racketeering Influenced and
Corrupt Organizations Act (RICO). Subsection (d) amends title
18 of the United States Code to allow the Federal government to
use criminal and civil forfeiture laws to seize the proceeds
and the property connected with or derived from the commission
of trafficking offenses.
Section 201. Preventing domestic trafficking in persons
The United States not only faces an influx of international
victims of sex and labor trafficking, but also has a problem of
internal trafficking (also referred to as domestic
trafficking), particularly of minors, for the purpose of
commercial sexual exploitation. According to a report issued in
2001 by researchers at the University of Pennsylvania, the
majority of American victims of commercial sexual exploitation
tend to be runaway or ``thrown away'' youth who live on the
streets having come from homes where they have been abused, or
from families that have abandoned them, and often become
involved in prostitution as a way to support themselves
financially. Among youth living on the streets in the United
States, involvement in commercial sex activity is a problem of
epidemic proportion. The average age at which girls first
become victims of prostitution is 12-14; for boys the average
age of entry into prostitution is 11-13.
The Committee notes that there are no precise statistics on
the numbers of United States citizens or permanent residents
who have been victimized through trafficking, however, as
documented by the National Center for Missing and Exploited
Children, the National Runaway Switchboard, and researchers at
the University of Pennsylvania, among others, runaway and
homeless children are highly susceptible to commercial sexual
exploitation. An estimated 1.3 million to 2.8 million runaway
and homeless youth live on United States streets. The Committee
is concerned about United States persons who become subjects of
trafficking for commercial sexual exploitation and encourages
the law enforcement community at the State and local levels to
focus efforts on prosecuting individuals who exploit others
through prostitution and trafficking. New strategies and
attention are needed to prevent the victimization of United
States persons through domestic trafficking.
Subsection (a) requires the Attorney General to perform a
study and issue a report to Congress on the prevalence of
severe forms of trafficking and sex trafficking in the United
States and to recommend an approach to combatting these crimes
by law enforcement. It is the Committee's intention that the
study described in this section that addresses ``sex
trafficking and unlawful commercial sex acts in the United
States,'' include data on commercial sex acts that are not
unlawful in those areas of the country where prostitution and/
or the purchase and sale of sex acts is legal, including two
counties in Nevada. However, the term ``commercial sex act'' as
defined by the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.), a definition adopted by this Act, may be
read to include transactions relating to sex acts performed in
the production of pornographic material that are not illegal in
many areas of the country. The Committee does not intend for
this study to include data on transactions made exclusively for
the legal production of pornographic material. The Committee
further notes, however, that it may be the case that unlawful
commercial sex acts and, by definition, acts of sex trafficking
occur with frequency in the context of the otherwise legal
production of pornographic material. The studyshould not ignore
this possibility and should include data arising in the context of the
production of pornographic material to the extent that such data
reflects acts of sex trafficking or unlawful commercial sex acts as
dictated by the terms of the statute.
The second part of this section authorizes a conference to
present the findings and develop strategies to train law
enforcement in best practices for combatting severe forms of
trafficking in persons and reducing the demand for commercial
sex acts, which fuels the demand for trafficking into
prostitution. This section also requires the Secretary of
Health and Human Services and the Attorney General to prepare
reports on best practices for reducing the demand for
commercial sex acts, which feeds the demand for trafficking
into prostitution. The reports shall be posted on the websites
of the Department of Health and Human Services (HHS) and the
Department of Justice, respectively. The Committee does not
require that the agencies conduct a joint study or issue a
joint report. Following completion of each report, the
Department of Health and Human Services and the Department of
Justice shall establish and carry out programs to implement
these practices.
Section 202. Establishment of grant program to develop, expand, and
strengthen assistance programs for certain persons subject to
trafficking
This section establishes a grants program administered by
HHS to support victim service providers by establishing a grant
program to assist persons who are the subject of sex
trafficking or severe forms of trafficking within the United
States. The Committee notes that, as a result of the TVPA,
foreign victims of severe forms of trafficking in the United
States are legally required to be treated as victims, rather
than as criminals. The same should be true for American
citizens. Nonetheless, a nongovernmental organization
advocating for exploited children issued a report in 2005
concluding, in relevant part, that ``the implementation of the
TVPA to date, both in terms of services and prosecutions, has
assisted girls from abroad while ignoring girls in similar
situations from the United States.'' In consultation with the
committee of jurisdiction, it is the committees' intention that
a grants program be established pursuant to this provision
which will improve the provision of services to United States
persons who are subjected to sex trafficking or a severe form
of trafficking, as those terms are defined in this Act.
Eligible grantees under this section are States, Indian
tribes, units of local governments, and nongovernmental
victims' service organizations (NGOs). The Committee intends
eligible NGOs to include faith-based organizations.
Section 203. Protection of juvenile victims of trafficking in persons
This section requires the Department of Health and Human
Services to establish a pilot program to create long-term
residential treatment facilities for United States citizens and
permanent residents who are subjected to trafficking and are
under the age of 18 at the time they are identified as victims
of trafficking. Appropriations of $5 million per year for each
of fiscal years 2006 and 2007 are authorized. The Committee has
learned from both governmental and nongovernmental sources who
work with trafficked children in the United States that a lack
of housing options for such children is a debilitating
impediment to providing effective rehabilitative and
restorative help to escape commercial sexual exploitation. This
section responds to that need. It is the Committee's intention
that the pilot program be undertaken with a view to extending
and expanding the provision of long-term residential treatment
facilities in light of the outcomes of the program. The
Committee encourages those implementing the pilot program to
examine potential means of making the residential facilities
financially self-sustaining, in whole or in part, to the
greatest extent possible.
Section 204. Enhancing state and local efforts to combat trafficking in
persons
This section establishes a grants program for State and
local law enforcement to improve programs to investigate and
prosecute acts of severe forms of trafficking in persons and
sex trafficking involving United States citizens, or persons
admitted for permanent residence, that occur within the
territorial jurisdiction of the United States. The purpose of
these grants is to shift the focus to prosecuting those
individuals who exploit others for profit.
The Committee intends for a grants program established
pursuant to this section to improve the ability of State and
local authorities to investigate and prosecute, either alone or
in conjunction with Federal law enforcement, severe forms of
trafficking and persons who engage in the purchase of
commercial sex acts when they involve persons who are United
States citizens or legal permanent residents.
The Committee intends for a grants program established
pursuant to this section to improve the awareness of state and
local law enforcement authorities about the applicability of
the TVPA to United States persons who are victims of a severe
form of trafficking and to improve the ability of these
authorities to investigate and prosecute, either alone or in
conjunction with Federal law enforcement, such crimes when they
involve victims who are United States citizens or legal
permanent residents. The Committee reaffirms that under the
TVPA any person younger than 18 years old ``induced to
perform'' a commercial sex act is considered a victim of a
``severe form of trafficking.'' The Committee is concerned that
while Federal law recognizes juveniles exploited through
prostitution as victims of crime, State andlocal systems may
not be focusing efforts on prosecuting the traffickers, pimps and
others, including purchasers of commercial sex acts, who exploit such
juveniles.
By applying this section on United States citizens and
permanent residents, the Committee does not intend to limit or
prevent law enforcement agencies from establishing, developing,
expanding, or strengthening programs to investigate and
prosecute acts of trafficking within the United States which
involve trafficked persons who are not United States citizens
or permanent residents, nor does the Committee intend to limit
any currently existing authority of the Department of Justice
to conduct grant programs in support of such efforts. The
Committee supports the existing programs carried out under such
authority and encourages their continuation. The Committee
expects that the program authorized by this section will be in
addition to the programs that currently exist.
This provision requires grantees to work collaboratively
with victim service providers and other NGOs. In implementing
these grant programs, the Committee believes that the
Department of Justice should give equal consideration to any
application that includes the involvement of a faith-based
organization, a non-faith- based organization, or both. By
requiring that grantees under this section use a multi-
disciplinary approach which involves working collaboratively
with victim service providers and other relevant
nongovernmental organizations, the Committee seeks to ensure
that efforts to prosecute acts of trafficking include as an
integral component the rendering of assistance to trafficked
persons to permanently escape from the trafficking situation.
Section 205. Report to Congress
This section amends section 105(d)(7) of the TVPA, as
amended by the Trafficking Victims Protection Reauthorization
Act of 2003 (Pub. L. No. 108-193), to require that the annual
report by the Attorney General to Congress required under that
section will include information on the amount, recipient, and
purpose of each grant issued pursuant to the grants programs
established by sections 202 and 204 of this Act.
Section 206. Senior Policy Operating Group
This section requires each Federal agency involved in
providing grants to combat trafficking to apprise the Senior
Policy Operating Group at the Department of State of its
activities to ensure a coordinated approach to combating human
trafficking.
Section 207. Definitions
This section states that the terms ``severe forms of
trafficking in persons'' and ``sex trafficking'' used in title
II have the meanings given those terms in the Trafficking
Victims Protection Act of 2000.
Section 301. Authorizations of appropriations
This section authorizes funding for fiscal years 2006 and
2007 for programs and activities under the Trafficking Victims
Protection Act and makes amendments to that Act. Paragraph (4)
authorizes appropriations to the Attorney General of $15
million for each of the fiscal years 2006 and 2007. An
additional authorization of appropriations in the amount of
$250,000 to the President, acting through the Attorney General
and the Secretary of State, for each of fiscal years 2006 and
2007 is made to carry out training activities at the
International Law Enforcement Academies for law enforcement
officers, prosecutors and members of the judiciary regarding
trafficking in persons.
Paragraph (7) creates a new subsection 113(h) of the TVPA
which authorizes appropriations to the Federal Bureau of
Investigation (FBI) of $15 million for fiscal year 2006 to
investigate severe forms of trafficking in persons. The
Committee supports the efforts of the FBI to investigate acts
of trafficking in persons, whether the victims involved are
foreign nationals or United States nationals, and in
particular, the initiative ongoing since 2003, known as
``Operation Innocence Lost'' sponsored by the FBI Crimes
Against Children Division in conjunction with the Department of
Justice Child Exploitation and Obscenity Section and the
National Center for Missing and Exploited Children, which is a
nationwide initiative to focus on child victims of interstate
sex trafficking in the United States. It is the Committee's
intention that funds authorized under this paragraph will be
used to expand these efforts.
Paragraph (7) further creates a new subsection 113(j) which
authorizes appropriations to the Secretary of Homeland Security
of $18,000,000 for each of the fiscal years 2006 and 2007. The
Department of Homeland Security's Bureau of Immigration and
Customs Enforcement (ICE) continues to be a major stakeholder
in the United States government's fight against human
traffickers worldwide. ICE's efforts have led to numerous
successful prosecutions that have affirmed ICE's crucial role
in these investigations. ICE's institutional experience and
knowledge of these investigations, as well as its wide range of
authorities, expertise, and capabilities uniquely positions the
agency to aggressively pursue these individuals and criminal
organizations that exploit men, women, and children. The
Committee supports the efforts of the FBI and the Department of
Homeland Security to investigate acts of trafficking in
persons, whether the victims involved are foreign nationals or
United States nationals.
Changes in Existing Law Made by the Bill, as Reported
The bill was referred to this committee for consideration
of such provisions of the bill as fall within the jurisdiction
of this committee pursuant to clause 1(k) of Rule X of the
Rules of the House of Representatives. The changes made to
existing law made by the amendment reported by the Committee on
International Relations are shown in the report filed by that
committee (Rept. 109-317, Part 1).
ADDITIONAL VIEWS
We support this bill and the important progress it will
bring towards combating severe forms of trafficking, including
sexual exploitation of women and children. However, we are
disappointed that the Committee was unable to agree upon
language to address access to victims services.
The Minority sought to include an amendment to this bill
that would have done two things. First, authorized the
Department of Health and Human Services (HHS) to determine the
eligibility of child trafficking victims for emergency services
without the prior approval of law enforcement. Second, it would
have provided a guardian ad litem to assist and usher children
through the bureaucratic process of having their eligibility
for social services determined.
The U.S. government estimates that between 14,500 and
17,500 individuals are trafficked into the U.S. each year. Up
to 50% of these are individuals are believed to be under the
age of 18, meaning that each year somewhere between 7,000 and
9,000 children are trafficking into the U.S. each year.
However, since the inception of its trafficking program in
2001, as of October 1, 2005, HHS had certified only 841
individuals as trafficking victims, only 82 of whom have been
children. This disparity between estimated victims and
identified victims demonstrates that much more needs to be done
in educating individuals who may be coming into contact with
victims, including state and local law enforcement officials.
Further, the disparity between the estimated percentage of
child victims (up to 50%) and the number of recognized child
victims (less than 10%) confirms that the unique circumstances
and special needs of child victims must be a focal point of
such training if this population is to be properly served. The
guidance and training mandated by this amendment would have
helped achieve this goal.
In the cases of the 82 children who have been granted
eligibility for trafficking victim benefits, many have come
into contact with multiple individuals before being identified
as ``trafficking victims'' and before being referred for
services. These cases reveal numerous lost opportunities for
identification, including contacts the victims made with
federal law enforcement, state and local police, hospitals, and
child welfare specialists.
1. Clarify that HHS is not required to consult with DHS or DOJ in
providing assistance under the Trafficking Victims Protection
Act (TVPA) to children
Since the enactment of the TVPA, delays in granting
benefits to child trafficking victims have caused increased
trauma to some child trafficking victims after they have
escaped or been rescued from their conditions of exploitation.
In some cases, while waiting for a determination of
eligibility, child trafficking victims, whose needs often
require immediate assistance, have been forced to remain in
unsafe and unstable situations for weeks or months before they
begin toreceive services. During this period of uncertainty,
the roles responsibilities of different service providers become
increasingly complex and confusing for children whose lives are left in
limbo for weeks or months. This practice hinders the recovery process
of child victims due to the increased stress, uncertainty and burden
they faced in the process of obtaining eligibility for benefits and
services.
In many cases, this delay has been a result of HHS waiting
for a referral from a law enforcement official or agency. This
proposed amendment set out to clarify the erroneous
interpretation that law enforcement agencies are the only
sources capable of putting forth credible evidence on behalf of
a child who is believed to be a victim of a severe form of
trafficking. In assessing a child's eligibility for benefits
and services as a trafficking victim, HHS should rely upon
credible evidence presented by sources including, but not
limited to, law enforcement, attorneys, charitable
organizations, child welfare specialists, or other social
service providers. What constitutes credible evidence ought to
be evaluated on a case-by-case basis depending upon the unique
circumstances of each case presented and the evidence
available. The final determination of a child's eligibility
should be based upon an evaluation of the facts presented to
HHS. That determination should be made promptly without
unreasonable delay so that child trafficking victims may access
the emergency services they need.
Federal agencies working with child trafficking victims
must have clear roles and responsibilities and an effective
division of labor in order to protect victims, prosecute
perpetrators and to prevent future instances of child
trafficking. Under section 107(b) of the TVPA child trafficking
victims are not required to cooperate with law enforcement to
receive the benefits and services available to them. However,
current practice is in direct violation of section 107(b) of
the TVPA, creating a chilling effect that is discouraging child
victims from accessing services.
Service providers have identified situations in which law
enforcement agencies have insisted upon interviewing the child
because HHS would not make a decision regarding the status of
the child until they received a formal endorsement from law
enforcement. In reaction, children have avoided presenting
themselves to HHS out of fear of being forced to undergo
extensive interviews with law enforcement in order to receive
services. Consequently, child victims are likely to stay in
their life-threatening situations because they fear
interrogation or being forced to testify against their abusers.
In response to this practice, prominent members of Congress
(Rep. Christopher Smith, Rep. Frank Wolf, Rep. Joseph Pitts,
Rep. Tom Lantos, and Senator Brownback) signed a letter to
Secretary of Health and Human Services Michael Leavitt in July
2005 requesting immediate rescission of the HHS policy
requiring child trafficking victims to cooperate with law
enforcement. This amendment would have rectified this damaging
practice by clarifying the division of roles and
responsibilities between federal agencies in the determination
of whether a child has been subject to any of the acts
described in section 103(8) of the TVPA.
In order to ensure that child victims of trafficking are
granted the emergency benefits and services they need,
regardless of their ability or willingness to participate in
the investigation and prosecution of their traffickers, it is
imperative that HHS have the exclusive and independent
discretion to review the facts of the child's case to assess
the child's status as a victim of a severe form of trafficking.
Forcing a child to participate in an interview with a law
enforcement agent in order to receive life-saving assistance is
equivalent to forcing the child to cooperate with law
enforcement. Any such requirement violates the letter and
spirit of the TVPA.
2. Guardian ad litem to assist in assessing children's eligibility for
assistance under the Trafficking Victims Protection Act.
Authorizing the appointment of a guardian ad litem would
ensure that the child's best interests are taken into
consideration concerning his/her care, custody, placement,
emergency services and immigration applications. A guardian
would help ensure that child victims of trafficking have access
to information regarding the federal programs for which they
are eligible and help them understand their rights and options.
Likewise, the guardian would assist HHS in an investigation of
the facts of the child's case in order to determine whether a
child has been subject to any of the acts described in section
103(8) of the TVPA.
Child trafficking victims seldom identify themselves as
``trafficking victims'' and rarely have information about the
services available to them or how to go about accessing those
services. In many cases, child trafficking victims are afraid
of presenting themselves to the government for fear they will
be deported for being in the country illegally or punished for
acts they have been forced to perform. Furthermore, in many
cases, children have been unable to articulate their
circumstances in a manner clear enough for HHS to determine
they meet the legal definition of a victim of a severe form of
trafficking. This amendment would have offered the Secretary an
additional tool to utilize in determining a child's status as a
trafficking victim, helping to prevent unnecessary delays or
incorrect determinations.
A guardian ad litem would only be necessary in the initial
determination process. Once a child has been deemed eligible
for benefits and services as a victim of a severe form of
trafficking by HHS, the child is either in the care of a parent
or legal guardian or, in the case of an unaccompanied child,
placed in the care of the Unaccompanied Refugee Minor (URM)
program. At that point, the parent, legal guardian or child
welfare agency acts as the guardian for the child.
The guardian should have immunity and privileges from being
called as a fact or expert witness in any federal or state
prosecution so that the guardian is not placed in the position
of exposing information that could result in a security risk
for the child or information that could in any way prejudice
the prosecution of the traffickers. Guaranteeing that
communications between a child trafficking victim and his/her
guardian ad litem are privileged is critical to ensuring that
the guardian ad litem can act in the best interest of the child
most effectively. If information shared with a guardian ad
litem were not privileged, guardians may not be able to uncover
the details of a child's case to its fullest for concern that
their efforts may end up adversely affecting the child in the
future. This concern has been expressed by case managers and
clinicians working with child trafficking victims who may
intentionally avoid delving into too many details of the
child's case for fear that their case notes may be subpoenaed
or that they may be called as a witness. An advocate tasked
with the responsibility of acting in the child's best interest
should be free to understand the child's wants and needs to the
best of his or her ability without such concern. For this
reason, it is vital that those communications be fully
confidential. This amendment would offer that guarantee.
John Conyers, Jr.