[House Report 119-347]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-347
======================================================================
TRAFFICKING SURVIVORS RELIEF ACT
_______
October 17, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4323]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4323) to provide for the vacating of certain
convictions and expungement of certain arrests of victims of
human trafficking, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 6
Background and Need for the Legislation.......................... 6
Hearings......................................................... 9
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 10
Congressional Budget Office Cost Estimate........................ 10
Committee Estimate of Budgetary Effects.......................... 10
Duplication of Federal Programs.................................. 10
Performance Goals and Objectives................................. 10
Advisory on Earmarks............................................. 10
Federal Mandates Statement....................................... 11
Advisory Committee Statement..................................... 11
Applicability to Legislative Branch.............................. 11
Section-by-Section Analysis...................................... 11
Changes in Existing Law Made by the Bill, as Reported............ 13
The amendment is as follows:
Strike all that follows after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Survivors Relief Act''.
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3771A. Motion to vacate; expungement; mitigating factors
``(a) Definitions.--In this section--
``(1) the term `child' means an individual who has not
attained 18 years of age;
``(2) the term `covered prisoner' means an individual who--
``(A) was convicted of a level A offense or level B
offense;
``(B) was sentenced to a term of imprisonment for the
offense described in subparagraph (A); and
``(C) is, or was previously, imprisoned or
incarcerated under such sentence for a term of
imprisonment;
``(3) the terms `employee' and `officer' have the meanings
given the terms in section 2105 of title 5;
``(4) the term `Federal offense' means an offense that is
punishable under Federal law;
``(5) the term `level A offense' means a Federal offense that
is not a violent crime;
``(6) the term `level B offense'--
``(A) means a Federal offense that is a violent
crime; and
``(B) does not include a Federal offense that is a
violent crime of which a child was a victim;
``(7) the term `victim of trafficking' has the meaning given
that term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102); and
``(8) the term `violent crime' has the meaning given the term
`crime of violence' in section 16(a) of this title.
``(b) Motions To Vacate Convictions or Expunge Arrests.--
``(1) In general.--
``(A) Convictions of level a offenses.--A person
convicted of any level A offense (or an attorney
representing such a person) may move the court that
imposed the sentence for the level A offense to vacate
the judgment of conviction if the level A offense was
committed as a direct result of the person having been
a victim of trafficking.
``(B) Arrests for level a offenses.--A person
arrested for any level A offense (or an attorney
representing such a person) may move the district court
of the United States for the district and division
embracing the place where the person was arrested to
expunge all records of the arrest if the conduct or
alleged conduct of the person that resulted in the
arrest was directly related to the person having been a
victim of trafficking.
``(C) Arrests for level b offenses.--A person
arrested for any level B offense (or an attorney
representing such a person) may move the district court
of the United States for the district and division
embracing the place where the person was arrested to
expunge all records of the arrest if--
``(i) the conduct or alleged conduct of the
movant that resulted in the arrest was directly
related to the movant having been a victim of
trafficking; and
``(ii)(I) the movant was acquitted of the
level B offense;
``(II) the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level B offense; or
``(III)(aa) the charges against the movant
for the level B offense were reduced to an
offense that is a level A offense; and
``(bb) the movant was acquitted of the level
A offense, the Government did not pursue, or
the Government moved to dismiss, criminal
charges against the movant for the level A
offense, or any subsequent conviction of the
level A offense was vacated.
``(2) Contents of motion.--A motion described in paragraph
(1) shall--
``(A) be in writing;
``(B) describe any supporting evidence;
``(C) state the offense; and
``(D) include copies of any documents showing that
the movant is entitled to relief under this section.
``(3) Hearing.--
``(A) Mandatory hearing.--
``(i) Motion in opposition.--Not later than
30 days after the date on which a motion is
filed under paragraph (1), the Government may
file a motion in opposition of the motion filed
under paragraph (1).
``(ii) Mandatory hearing.--If the Government
files a motion described in clause (i), not
later than 15 days after the date on which the
motion is filed, the court shall hold a hearing
on the motion.
``(B) Discretionary hearing.--If the Government does
not file a motion described in subparagraph (A)(i), the
court may hold a hearing on the motion not later than
45 days after the date on which a motion is filed under
paragraph (1).
``(4) Factors.--
``(A) Vacating convictions of level a offenses.--The
court may grant a motion under paragraph (1)(A) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was convicted of a level A
offense; and
``(ii) the participation in the level A
offense by the movant was a direct result of
the movant having been a victim of trafficking.
``(B) Expunging arrests for level a offenses.--The
court may grant a motion under paragraph (1)(B) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a level A
offense; and
``(ii) the conduct or alleged conduct that
resulted in the arrest was directly related to
the movant having been a victim of trafficking.
``(C) Expunging arrests for level b offenses.--The
court may grant a motion under paragraph (1)(C) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a level B
offense and the conduct or alleged conduct that
resulted in the arrest was directly related to
the movant having been a victim of trafficking;
and
``(ii)(I) the movant was acquitted of the
level B offense;
``(II) the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level B offense; or
``(III)(aa) the charges against the movant
for the level B offense were reduced to a level
A offense; and
``(bb) the movant was acquitted of the level
A offense, the Government did not pursue, or
the Government moved to dismiss, criminal
charges against the movant for the level A
offense, or any subsequent conviction of that
level A offense was vacated.
``(5) Supporting evidence.--
``(A) In general.--For purposes of this section, in
determining whether the movant is a victim of
trafficking, the court--
``(i) shall consider an affidavit or sworn
testimony of an anti-human trafficking service
provider or clinician; and
``(ii) may consider any supporting evidence
the court determines is of sufficient
credibility and probative value, including
sworn testimony from a law enforcement officer
detailing the role of the movant in coercing
other victims of trafficking into committing
criminal offenses.
``(B) Affidavit or sworn testimony sufficient
evidence.--The affidavit or sworn testimony described
in subparagraph (A)(i) shall be sufficient evidence to
vacate a conviction or expunge an arrest under this
section if the court determines that--
``(i) the affidavit or sworn testimony is
credible; and
``(ii) no other evidence is readily
available.
``(6) Conviction or arrest of other persons not required.--It
shall not be necessary that any person other than the movant be
convicted of or arrested for an offense before the movant may
file a motion under paragraph (1).
``(7) Denial of motion.--
``(A) Finality.--If the court denies a motion filed
under paragraph (1), the denial shall be final, except
as provided under subparagraph (C) of this paragraph
and subject to the discovery of any new and compelling
evidence or information.
``(B) Reasons for denial.--If the court denies a
motion filed under paragraph (1), the court shall state
the reasons for the denial in writing.
``(C) Reasonable time to cure deficiencies in
motion.--If the court denies a motion filed under
paragraph (1) due to a curable deficiency in the
motion, the court shall allow the movant sufficient
time to cure the deficiency.
``(8) Appeal.--An order granting or denying a motion under
this section may be appealed in accordance with section 1291 of
title 28.
``(c) Vacatur of Convictions.--
``(1) In general.--If the court grants a motion to vacate a
conviction of a level A offense under subsection (b), the court
shall immediately--
``(A) vacate the conviction for cause;
``(B) set aside the verdict and enter a judgment of
acquittal; and
``(C) enter an expungement order that directs that
there be expunged from all official records all
references to--
``(i) the arrest of the movant for the level
A offense;
``(ii) the institution of criminal
proceedings against the movant relating to the
level A offense; and
``(iii) the results of the proceedings.
``(2) Limitation.--Nothing in this subsection requires a
court to amend or remove any fine or restitution order in a
criminal or civil proceeding.
``(3) Effect.--If a conviction is vacated under an order
entered under paragraph (1), the conviction shall not be
regarded as a conviction under Federal law and the movant for
whom the conviction was vacated shall be considered to have the
status occupied by the movant before the arrest or the
institution of the criminal proceedings related to such
conviction.
``(d) Expungement of Arrests.--
``(1) In general.--If the court grants a motion to expunge
all records of an arrest for an offense under subsection (b),
the court shall immediately enter an expungement order that
directs that there be expunged from all official records all
references to--
``(A) the arrest of the movant for the offense;
``(B) the institution of any criminal proceedings
against the movant relating to the offense; and
``(C) the results of the proceedings, if any.
``(2) Effect.--If an arrest is expunged under an order
entered under paragraph (1) the arrest shall not be regarded as
an arrest under Federal law and the movant for whom the arrest
is expunged shall be considered to have the status occupied by
the movant before the arrest or the institution of the criminal
proceedings related to such arrest, if any.
``(e) Mitigating Factors.--
``(1) In general.--The court that imposed sentence for a
level A offense or level B offense upon a covered prisoner may
reduce the term of imprisonment for the offense--
``(A) upon--
``(i) motion by the covered prisoner; or
``(ii) the court's own motion;
``(B) after notice to the Government;
``(C) after considering--
``(i) the factors set forth in section
3553(a);
``(ii) the nature and seriousness of the
danger to any person, if applicable; and
``(iii) the community, or any crime victims;
and
``(D) if the court finds, by a preponderance of the
evidence, that the covered prisoner committed the
offense as a direct result of the covered prisoner
having been a victim of trafficking.
``(2) Requirement.--Any proceeding under this subsection
shall be subject to section 3771.
``(3) Particularized inquiry.--For any motion under paragraph
(1), the Government shall conduct a particularized inquiry of
the facts and circumstances of the original sentencing of the
covered prisoner in order to assess whether a reduction in
sentence would be consistent with this section.
``(f) Additional Actions by Court.--The court shall, upon granting a
motion under this section, take any additional action necessary to
grant the movant full relief.
``(g) No Fees.--A person may not be required to pay a filing fee,
service charge, copay fee, processing fee, or any other charge for
filing a motion under this section.
``(h) Confidentiality of Movant.--
``(1) In general.--A motion under this section and any
documents, pleadings, or orders relating to the motion shall be
filed under seal.
``(2) Information not available for public inspection.--An
officer or employee may not make available for public
inspection any report, paper, picture, photograph, court file,
or other document, in the custody or possession of the officer
or employee, that identifies the movant.
``(i) Applicability.--This section shall apply to any conviction or
arrest occurring before, on, or after the date of enactment of this
section.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 237 of title 18, United States Code, is amended by adding at
the end the following:
``3771A. Motion to vacate; expungement; mitigating factors.''.
SEC. 3. REPORTS.
(a) United States Attorney Motions for Vacatur or Expungement.--Not
later than 1 year after the date of enactment of this Act, each United
States attorney shall submit to the Attorney General a report that
details--
(1) the number of motions for vacatur or expungement filed
under section 3771A of title 18, United States Code, as added
by section 2, in the district of the United States attorney;
and
(2) for each motion described in paragraph (1)--
(A) the underlying offense;
(B) the response of the United States attorney to the
motion; and
(C) the final determination of the court with respect
to the motion.
(b) United States Attorney Training on Human Trafficking
Indicators.--Not later than 1 year after the date of enactment of this
Act, the Attorney General shall submit to Congress a report that
details all professional training received by United States attorneys
on indicators of human trafficking during the preceding 12-month
period.
(c) Government Accountability Office.--Not later than 3 years after
the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that--
(1) assesses the impact of the enactment of section 3771A of
title 18, United States Code, as added by section 2; and
(2) includes--
(A) the number of human trafficking survivors who
have filed motions for vacatur or expungement under
such section 3771A;
(B) the final determination of each court that
adjudicated a motion described in subparagraph (A);
(C) recommendations to increase access to post-
conviction relief for human trafficking survivors with
Federal criminal records; and
(D) recommendations for improving the implementation
and tracking of professional training of United States
attorneys on indicators of human trafficking.
SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF REPRESENTATION.
The Office of Justice Programs or the Office on Violence Against
Women, in awarding a grant that may be used for legal representation,
may not prohibit a recipient from using the grant for legal
representation for post-conviction relief.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) this Act is a first step to address the changing tactics
of human traffickers, who are using forced criminality as a
form of force, fraud, and coercion in their human trafficking
enterprises; and
(2) Congress is committed to continuing to find solutions as
needed to thwart human traffickers and protect survivors of
human trafficking.
SEC. 6. HUMAN TRAFFICKING DEFENSE.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Human trafficking defense
``(a) Definitions.--In this section--
``(1) the term `covered Federal offense' means a level A
offense or level B offense, as those terms are defined in
section 3771A; and
``(2) the term `victim of trafficking' has the meaning given
the term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
``(b) Duress.--In a prosecution for a covered Federal offense, a
defendant may establish duress by demonstrating that the defendant was
a victim of trafficking at the time at which the defendant committed
the offense.
``(c) Record or Proceeding Under Seal.--In any proceeding in which a
defense under subsection (b) is raised, any record or part of the
proceeding related to the defense shall, on motion, be placed under
seal until such time as a conviction is entered for the offense.
``(d) Post-Conviction Relief.--A failure to assert, or failed
assertion of, a defense under subsection (b) by an individual who is
convicted of a covered Federal offense may not preclude the individual
from asserting as a mitigating factor, at sentencing or in a proceeding
for any post-conviction relief, that at the time of the commission of
the offense, the defendant was a victim of trafficking and committed
the offense under duress.
``(e) Federal Aid.--A failure to assert, or failed assertion of, a
defense under subsection (b) by an individual who is convicted of a
covered Federal offense may not be used for the purpose of
disqualifying the individual from participating in any federally funded
program that aids victims of trafficking.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, is amended by adding at the
end the following:
``28. Human trafficking defense.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) in paragraph (16), by striking ``(9)'' and inserting
``(11)''; and
(2) in paragraph (17), by striking ``(9) or (10)'' and
inserting ``(11) or (12)''.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to conflict with any of the crime victims' rights described
in section 3771 of title 18, United States Code.
Purpose and Summary
H.R. 4323, the Trafficking Survivors Relief Act, introduced
by Rep. Russell Fry (R-SC), allows human trafficking victims to
petition a court to vacate certain convictions and expunge
related arrests for certain non-violent offenses. The
legislation also provides a legal defense based on duress for
trafficking-related offenses, ensures confidentiality for
trafficking victims, and requires reports from U.S. Attorneys
on expungement cases.
Background and Need for the Legislation
Human Trafficking
Human trafficking is a crime involving the exploitation of
a person for labor, services, or commercial sex.\1\ Sex
trafficking is a subcategory of human trafficking and includes
the exploitation of individuals in the sex industry.\2\ While
international sex trafficking may be more widely known,
domestic sex trafficking remains an issue in the United States.
Traffickers use everything from social media to schools to lure
innocent people into becoming victims.\3\ Sex traffickers also
use the internet and online prostitution platforms to advertise
their victims to potential buyers and may utilize the internet
through social media apps such as Instagram and TikTok to groom
and exploit children.\4\ Given the rate at which children
regularly use the internet and social media, children have a
heightened risk of being groomed online.\5\
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\1\U.S. Dep't of Justice, Human Trafficking, https://
www.justice.gov/humantrafficking (last accessed Sep. 4, 2025).
\2\Id.
\3\See, What is Sex Trafficking Shared Hope International, https://
sharedhope.org/the-
problem/what-is-sex-trafficking/ (last accessed Sep. 19, 2024).
\4\Sex Trafficking National Center On Child Exploitation (NCOSE),
https://endsexualexploitation.org/issues/child-sexual-abuse/ (last
accessed Sep. 19, 2024).
\5\Brenna O'Donnell, CyberTipline 2020: Rise in Online Enticement
and Other Trends From Exploitation Stats, MissingKids (Feb. 24, 2021),
https://www.missingkids.org/blog/2021/rise-in-
online-enticement-and-other-trends--ncmec-releases-2020-.
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Human trafficking and human smuggling are two different
crimes. Human trafficking is a crime committed against another
person that does not necessarily require transportation or
physical movement of that individual.\6\ In particular, women
and children who make the dangerous journey to cross the
southern border into the United States have a high likelihood
of being smuggled and trafficked. A study from the Coalition
Against Trafficking In Women estimated that 60 percent of
unaccompanied alien children (UACs) are caught by cartels or
smugglers and exploited through child pornography and drug
trafficking.\7\ Despite this alarming data, the number of human
trafficking convictions were recently at an all-time low.\8\
While the number of persons prosecuted for human trafficking
increased from 729 in 2011 to 1,343 in 2020,\9\ the number of
persons convicted of a federal human trafficking offense only
increased from 464 convictions in 2011 to 837 convictions in
2019, before falling in 2020 to 658 convictions.\10\ However,
there is progress being made in this area. The number of human
trafficking convictions increased to 1,118 persons in 2022.\11\
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\6\U.S. Dep't of Justice, National Strategy to Combat Human
Trafficking 2-3 (Jan. 2022) [hereinafter, DOJ National Strategy to
Combat Human Trafficking].
\7\Hannah Davis, Fighting Human Trafficking and Battling Biden's
Open Border, Heritage Foundation (Mar. 14, 2023).
\8\Peter Williams and Philip Langford The Case for Perpetrator
Accountability to Combat Human Trafficking Council on Foreign Relations
(Jul. 15, 2021), https://www.cfr.org/blog/case-perpetrator-
accountability-combat-human-trafficking.
\9\Bureau of Justice Statistics, Human Trafficking Data Collection
Activities, 2022 (Oct. 2022), https://bjs.ojp.gov/library/publications/
human-trafficking-data-collection-activities-2022#::text=
The%20number%20of%20persons%20prosecuted,in%202020%20(658%20persons).&te
xt=66%25
%20had%20no%20prior%20convictions.
\10\Id.
\11\U.S. Dept of Justice, Human Trafficking Data Collection
Activities, 2024, https://bjs.ojp.gov/library/publications/human-
trafficking-data-collection-activities-2024 (last accessed Sep. 4,
2025).
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Not every case of sex trafficking involves smuggling or
moving a person across borders.\12\ In the United States, an
adult or child can be trafficked and exploited at hotels, truck
stops, their own homes, and online.\13\ Trafficking victims are
exploited in cities, suburbs, and rural areas.\14\ Strip clubs
or illicit massage parlors that are found in cities and towns
across the country are often exploiting individuals against
their will.\15\ Many child traffickers groom children already
familiar to them or work to develop relationships with their
potential victims.\16\ Some traffickers are even parents,
family members, or caretakers of minor victims.\17\ Minors
involved in the foster care system are at a great risk of being
victimized by traffickers.\18\ According to the National Foster
Youth Institute, around 60 percent of child trafficking victims
are current or former foster youth.\19\ For example, in 2023
The Dallas Morning News reported on members of human
trafficking rings who would wait outside facilities used for
abused or neglected children who had yet to be placed in a
foster home.\20\
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\12\Child Trafficking: Myth vs. Fact Save The Children, https://
www.savethechildren.org/us/charity-stories/child-trafficking-myths-vs-
facts (last accessed Sep. 19, 2024).
\13\Id.
\14\Id.
\15\FAQ, National Center on Child Exploitation, https://
endsexualexploitation.org/issues/sex-trafficking/ (last accessed Sep.
19, 2024).
\16\FAQ, National Center on Child Exploitation, https://
endsexualexploitation.org/issues/sex-trafficking/ (last accessed Sep.
19, 2024).
\17\Id.
\18\Our Vision, National Foster Youth Institute, https://nfyi.org/
mission/ (last accessed Sep. 19, 2024).
\19\Id.
\20\Robert Garrett, Texas foster kids trafficked for sex as rings
target those lacking placement, judges say The Dallas Morning News
(Sep. 7, 2023).
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Charging Victims of Human Trafficking
Victims are controlled by traffickers both physically and
psychologically, even to the point that victims do not have
access to transportation or their own place to live.\21\ In
many cases, traffickers are so successful at controlling their
victims that victims do not even realize they are under the
control of their trafficker or pimp.\22\ Victims being
exploited for sex are often forced by their traffickers to
commit other crimes, including manufacturing or selling drugs
or carrying false identification.\23\ A criminal record affects
a person's life beyond the courtroom and may lead to difficulty
obtaining housing or employment, and maintaining custody of
children.\24\ In other words, the non-violent convictions that
trafficking victims often receive can prevent them from
successfully rebuilding their lives.\25\
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\21\Myths Facts and Statistics Polaris Project, https://
polarisproject.org/myths-facts-and-statistics/ (last accessed Sep. 4,
2025).
\22\Id.
\23\Criminal Record Relief for Trafficking Survivors Report Polaris
Project, https://polarisproject.org/criminal-record-relief-for-
trafficking-survivors-report/ (last accessed Sep. 4, 2025).
\24\K.B. White, Impact of Arrest and Conviction Histories on
Trafficking Survivors Freedom Network USA, https://
freedomnetworkusa.org/2021/11/10/impact-of-arrest-and-conviction-
histories-on-trafficking-survivors/ (last accessed Sep. 4, 2025).
\25\Press Release, Congressman Russell Fry, Representatives Russell
Fry (SC-07), Ted Lieu (D-CA), Ann Wagner (R-MO), and Robert Garcia (D-
CA) Introduce the Trafficking Survivors Relief Act (Jan. 30, 2024)
(quoting Patrick Purtill of Faith & Freedom Coalition).
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Recognizing that trafficking victims often commit non-
violent crimes under duress of their traffickers, attorneys
general, prosecutors, and state legislatures across the country
have sought to provide relief to victims. Forty-eight states
have statutes providing some sort of relief for offenses
committed as a direct result of being trafficked.\26\ However,
there is currently no legal framework at the federal level for
victims to address the harmful effects and crimes resulting
from their victimization. While most trafficking cases and
convictions occur at the state level, there were around 200
federal trafficking-based prosecutions in 2023.\27\ Therefore,
a small number of trafficking-related convictions still exist
at the federal level.
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\26\K.B. White, Impact of Arrest and Conviction Histories on
Trafficking Survivors Freedom Network USA, https://
freedomnetworkusa.org/2021/11/10/impact-of-arrest-and-conviction-
histories-on-trafficking-survivors/ (last accessed Sep. 4, 2025).
\27\Human Trafficking Institute, Federal Human Trafficking Report
(2023), https://data.traffickinginstitute.org/wp-content/uploads/2024/
06/2023-Federal-Human-Trafficking-
Report-WEB-Spreads-LR.pdf (last accessed Sep. 14, 2025).
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It is important to ensure that legal relief intended for
victims is only available to true victims. There are a number
of female offenders who were once victims themselves and cross
over to being a criminal and hurting more victims.\28\
Colloquially known as a traffickers' ``bottom,'' these women or
girls are chosen by the trafficker to supervise victims, report
any rule violations, and even assists in the acts of booking
hotel rooms or collecting money.\29\ These women are also
responsible for enforcing punishment (physical and/or
psychological) on other victims.\30\ Laws that provide for the
vacating or expungement of convictions and arrests should be
targeted to benefit those who committed those acts because of
their victimization, not because they victimized others.
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\28\Human Trafficking Myths Toronto Police Services, https://
www.htsurvivors.to/human-trafficking-myths.php (last accessed Sep. 4,
2025).
\29\Id.
\30\Id.
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The Trafficking Survivors Relief Act
The Trafficking Survivors Relief Act provides federal
criminal record relief to survivors of human trafficking who
committed a non-violent offense as a result of their
victimization. For the court to grant a motion to vacate a non-
violent conviction, a defendant must show that the non-violent
offense was committed as a direct result of having been a
victim of trafficking.\31\ To ensure that these opportunities
are only offered true victims of trafficking, the legislation
allows for additional evidence to be considered--including
sworn testimony a law enforcement officer on whether a victim
had any role in coercing other victims into criminal offenses.
The bill also creates an affirmative defense that trafficking
victims can assert if they are prosecuted for certain criminal
offenses.
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\31\Congressman Russell Fry, supra note 25.
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Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 4323:
``Protecting Victims of Human Trafficking and Online
Exploitation,'' a hearing held on February 27, 2025 before the
Subcommittee on Crime and Federal Government Surveillance of
the House Judiciary Committee. The subcommittee heard from the
following witnesses:
Camille Cooper, Vice President of Anti-Human
Trafficking and Child Exploitation, Tim Tebow
Foundation.
Anne Basham, founder and Chair,
Interparliamentary Taskforce on Human Trafficking.
Sheri Lopez, Survivor-Advocate; founder,
Pearl at the Mailbox.
Jean Bruggeman, Executive Director, Freedom
Network USA.
The hearing examined the horrors of human trafficking and child
exploitation within the United States and abroad. The hearing
also examined the existing gaps in identifying unknown children
depicted in child sexual abuse material (CSAM).
Committee Consideration
On September 10, 2025, the Committee met in open session
and ordered the bill, H.R. 4323, favorably reported with an
amendment in the nature of a substitute, by voice vote, a
quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
Committee states that no recorded votes were taken during
consideration of H.R. 4323.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises 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
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 4323 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 4323 would allow human trafficking
victims to petition a court to vacate certain convictions and
expunge related arrests for certain non-violent offenses, and
provides a legal defense based on duress for trafficking-
related offenses.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 4323
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Sec. 1: Short title
The ``Trafficking Survivors Relief Act of 2025.''
Sec. 2: Federal expungement for victims of trafficking
This section amends Chapter 237 of Title 18, United States
Code (U.S.C.), by adding 18 U.S.C. Sec. 3771(A), which provides
for victims of human trafficking to file motions to vacate
convictions or expunge arrest records related to certain non-
violent crimes.
Subsection (a) provides definitions for key terms, such as
``victim of trafficking'', ``level A offense'',
``expungement'', and other relevant legal terms necessary for
the interpretation of this Act.
Subsection (b) allows victims of trafficking who were
arrested or convicted of certain non-violent ``level A''
offenses to file motions to vacate or expunge their arrest or
conviction. This section also provides that a person arrested
for a ``level B'' offense may expunge their arrest record if
the movant was acquitted, the government did not pursue the
criminal charges, or if the offense is reduced to a level A
offense. This section further allows additional evidence to be
provided, including testimony from law enforcement detailing
any potential role a defendant played in coercing other victims
of trafficking into committing criminal offenses. Finally, this
section states if there is a denial of the motion, the denial
is final subject to the discovery of new and compelling
evidence.
Subsection (c) states if a motion to vacate a conviction is
granted, the court must nullify the conviction as if it never
occurred, but the court is not required to amend or remove any
fine or restitution order in a criminal or civil proceeding.
Subsection (d) states if a motion for expungement is
granted, the court must remove the arrest from the individual's
record and expunged from all official records.
Subsection (e) allows for sentence reductions if the
defendant was a trafficking victim at the time of the offense.
Subsection (f) allows courts to take any additional actions
necessary to fully effectuate the relief, including the return
of any fines or fees paid in connection with the conviction or
arrest.
Subsection (g) states that no fees will be charged for
filing motions under this section.
Subsection (h) ensures that all filings, documents, and
related records are sealed to protect the privacy of the
victim.
Subsection (i) details the specific offenses and conditions
under which individuals are eligible to seek relief, ensuring
that only qualifying cases related to human trafficking are
addressed under this Act.
Sec. 3: Reports
This section outlines various reporting requirements to the
expungement and vacatur processes.
Subsection (a) requires each U.S. Attorney to report
annually on the number of motions filed for vacatur or
expungement under this Act, including the outcomes of those
motions.
Subsection (b) directs the Attorney General to report on
the training provided to U.S. Attorneys related to human
trafficking indicators and the identification of victims.
Subsection (c) requires the Government Accountability
Office (GAO) to provide a report on the impact of this Act.
This report must include the number of trafficking survivors
seeking relief, court outcomes, and recommendations for
improving access to post-conviction relief.
Sec. 4: Use of grants for post-conviction relief representation
This section allows recipients of federal grants to use
those grant funds to provide legal representation for
trafficking survivors seeking post-conviction relief. This
includes the Office of Justice Programs and the Office on
Violence Against Women.
Sec. 5: Sense of Congress
This section expresses the sense of Congress that this Act
is a step towards addressing the evolving tactics employed by
human traffickers. This includes the use of forced criminality
as a form of force, fraud, and coercion in their human
trafficking enterprise. This section also states that Congress
is committed to continuing efforts to protect survivors and
prevent human trafficking.
Sec. 6: Human trafficking defense
This section amends Chapter 1 of Title 18 U.S.C., by adding
18 U.S.C. Sec. 28, which establishes a defense for the victims
of human trafficking.
Subsection (a) provides definitions for key terms related
to this section, such as ``duress'', ``trafficking victim'',
and other relevant terms necessary for the interpretation of a
defense under this Act.
Subsection (b) allows that a defendant may establish duress
by demonstrating the defendant was a victim of trafficking at
the time the defendant committed the offense.
Subsection (c) protects the privacy of trafficking victims
by sealing any records related to their defense under
subsection (b).
Subsection (d) allows victims who did not raise the defense
during their trial to use it as a mitigating factor in
sentencing or post-conviction relief proceedings.
Subsection (e) asserts that failure to raise the human
trafficking defense during trial does not disqualify
trafficking victims from receiving federal aid or assistance.
Sec. 7: Technical and conforming amendments
This section provides minor technical changes to Section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).
Sec. 8: Rule of construction
This section states nothing in this Act conflicts with the
crime victims' rights described in section 3771 of 18 U.S.C.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 1--GENERAL PROVISIONS
Sec.
* * * * * * *
28. Human trafficking defense.
* * * * * * *
Sec. 28. Human trafficking defense
(a) Definitions.--In this section--
(1) the term ``covered Federal offense'' means a
level A offense or level B offense, as those terms are
defined in section 3771A; and
(2) the term ``victim of trafficking'' has the
meaning given the term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(b) Duress.--In a prosecution for a covered Federal offense,
a defendant may establish duress by demonstrating that the
defendant was a victim of trafficking at the time at which the
defendant committed the offense.
(c) Record or Proceeding Under Seal.--In any proceeding in
which a defense under subsection (b) is raised, any record or
part of the proceeding related to the defense shall, on motion,
be placed under seal until such time as a conviction is entered
for the offense.
(d) Post-conviction Relief.--A failure to assert, or failed
assertion of, a defense under subsection (b) by an individual
who is convicted of a covered Federal offense may not preclude
the individual from asserting as a mitigating factor, at
sentencing or in a proceeding for any post-conviction relief,
that at the time of the commission of the offense, the
defendant was a victim of trafficking and committed the offense
under duress.
(e) Federal Aid.--A failure to assert, or failed assertion
of, a defense under subsection (b) by an individual who is
convicted of a covered Federal offense may not be used for the
purpose of disqualifying the individual from participating in
any federally funded program that aids victims of trafficking.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 237--CRIME VICTIMS' RIGHTS
Sec.
* * * * * * *
3771A. Motion to vacate; expungement; mitigating factors.
* * * * * * *
Sec. 3771A. Motion to vacate; expungement; mitigating factors
(a) Definitions.--In this section--
(1) the term ``child'' means an individual who has
not attained 18 years of age;
(2) the term ``covered prisoner'' means an individual
who--
(A) was convicted of a level A offense or
level B offense;
(B) was sentenced to a term of imprisonment
for the offense described in subparagraph (A);
and
(C) is, or was previously, imprisoned or
incarcerated under such sentence for a term of
imprisonment;
(3) the terms ``employee'' and ``officer'' have the
meanings given the terms in section 2105 of title 5;
(4) the term ``Federal offense'' means an offense
that is punishable under Federal law;
(5) the term ``level A offense'' means a Federal
offense that is not a violent crime;
(6) the term ``level B offense''--
(A) means a Federal offense that is a violent
crime; and
(B) does not include a Federal offense that
is a violent crime of which a child was a
victim;
(7) the term ``victim of trafficking'' has the
meaning given that term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102); and
(8) the term ``violent crime'' has the meaning given
the term ``crime of violence'' in section 16(a) of this
title.
(b) Motions to Vacate Convictions or Expunge Arrests.--
(1) In general.--
(A) Convictions of level a offenses.--A
person convicted of any level A offense (or an
attorney representing such a person) may move
the court that imposed the sentence for the
level A offense to vacate the judgment of
conviction if the level A offense was committed
as a direct result of the person having been a
victim of trafficking.
(B) Arrests for level a offenses.--A person
arrested for any level A offense (or an
attorney representing such a person) may move
the district court of the United States for the
district and division embracing the place where
the person was arrested to expunge all records
of the arrest if the conduct or alleged conduct
of the person that resulted in the arrest was
directly related to the person having been a
victim of trafficking.
(C) Arrests for level b offenses.--A person
arrested for any level B offense (or an
attorney representing such a person) may move
the district court of the United States for the
district and division embracing the place where
the person was arrested to expunge all records
of the arrest if--
(i) the conduct or alleged conduct of
the movant that resulted in the arrest
was directly related to the movant
having been a victim of trafficking;
and
(ii)(I) the movant was acquitted of
the level B offense;
(II) the Government did not pursue,
or the Government moved to dismiss,
criminal charges against the movant for
the level B offense; or
(III)(aa) the charges against the
movant for the level B offense were
reduced to an offense that is a level A
offense; and
(bb) the movant was acquitted of the
level A offense, the Government did not
pursue, or the Government moved to
dismiss, criminal charges against the
movant for the level A offense, or any
subsequent conviction of the level A
offense was vacated.
(2) Contents of motion.--A motion described in
paragraph (1) shall--
(A) be in writing;
(B) describe any supporting evidence;
(C) state the offense; and
(D) include copies of any documents showing
that the movant is entitled to relief under
this section.
(3) Hearing.--
(A) Mandatory hearing.--
(i) Motion in opposition.--Not later
than 30 days after the date on which a
motion is filed under paragraph (1),
the Government may file a motion in
opposition of the motion filed under
paragraph (1).
(ii) Mandatory hearing.--If the
Government files a motion described in
clause (i), not later than 15 days
after the date on which the motion is
filed, the court shall hold a hearing
on the motion.
(B) Discretionary hearing.--If the Government
does not file a motion described in
subparagraph (A)(i), the court may hold a
hearing on the motion not later than 45 days
after the date on which a motion is filed under
paragraph (1).
(4) Factors.--
(A) Vacating convictions of level a
offenses.--The court may grant a motion under
paragraph (1)(A) if, after notice to the
Government and an opportunity to be heard, the
court finds, by a preponderance of the
evidence, that--
(i) the movant was convicted of a
level A offense; and
(ii) the participation in the level A
offense by the movant was a direct
result of the movant having been a
victim of trafficking.
(B) Expunging arrests for level a offenses.--
The court may grant a motion under paragraph
(1)(B) if, after notice to the Government and
an opportunity to be heard, the court finds, by
a preponderance of the evidence, that--
(i) the movant was arrested for a
level A offense; and
(ii) the conduct or alleged conduct
that resulted in the arrest was
directly related to the movant having
been a victim of trafficking.
(C) Expunging arrests for level b offenses.--
The court may grant a motion under paragraph
(1)(C) if, after notice to the Government and
an opportunity to be heard, the court finds, by
a preponderance of the evidence, that--
(i) the movant was arrested for a
level B offense and the conduct or
alleged conduct that resulted in the
arrest was directly related to the
movant having been a victim of
trafficking; and
(ii)(I) the movant was acquitted of
the level B offense;
(II) the Government did not pursue,
or the Government moved to dismiss,
criminal charges against the movant for
the level B offense; or
(III)(aa) the charges against the
movant for the level B offense were
reduced to a level A offense; and
(bb) the movant was acquitted of the
level A offense, the Government did not
pursue, or the Government moved to
dismiss, criminal charges against the
movant for the level A offense, or any
subsequent conviction of that level A
offense was vacated.
(5) Supporting evidence.--
(A) In general.--For purposes of this
section, in determining whether the movant is a
victim of trafficking, the court--
(i) shall consider an affidavit or
sworn testimony of an anti-human
trafficking service provider or
clinician; and
(ii) may consider any supporting
evidence the court determines is of
sufficient credibility and probative
value, including sworn testimony from a
law enforcement officer detailing the
role of the movant in coercing other
victims of trafficking into committing
criminal offenses.
(B) Affidavit or sworn testimony sufficient
evidence.--The affidavit or sworn testimony
described in subparagraph (A)(i) shall be
sufficient evidence to vacate a conviction or
expunge an arrest under this section if the
court determines that--
(i) the affidavit or sworn testimony
is credible; and
(ii) no other evidence is readily
available.
(6) Conviction or arrest of other persons not
required.--It shall not be necessary that any person
other than the movant be convicted of or arrested for
an offense before the movant may file a motion under
paragraph (1).
(7) Denial of motion.--
(A) Finality.--If the court denies a motion
filed under paragraph (1), the denial shall be
final, except as provided under subparagraph
(C) of this paragraph and subject to the
discovery of any new and compelling evidence or
information.
(B) Reasons for denial.--If the court denies
a motion filed under paragraph (1), the court
shall state the reasons for the denial in
writing.
(C) Reasonable time to cure deficiencies in
motion.--If the court denies a motion filed
under paragraph (1) due to a curable deficiency
in the motion, the court shall allow the movant
sufficient time to cure the deficiency.
(8) Appeal.--An order granting or denying a motion
under this section may be appealed in accordance with
section 1291 of title 28.
(c) Vacatur of Convictions.--
(1) In general.--If the court grants a motion to
vacate a conviction of a level A offense under
subsection (b), the court shall immediately--
(A) vacate the conviction for cause;
(B) set aside the verdict and enter a
judgment of acquittal; and
(C) enter an expungement order that directs
that there be expunged from all official
records all references to--
(i) the arrest of the movant for the
level A offense;
(ii) the institution of criminal
proceedings against the movant relating
to the level A offense; and
(iii) the results of the proceedings.
(2) Limitation.--Nothing in this subsection requires
a court to amend or remove any fine or restitution
order in a criminal or civil proceeding.
(3) Effect.--If a conviction is vacated under an
order entered under paragraph (1), the conviction shall
not be regarded as a conviction under Federal law and
the movant for whom the conviction was vacated shall be
considered to have the status occupied by the movant
before the arrest or the institution of the criminal
proceedings related to such conviction.
(d) Expungement of Arrests.--
(1) In general.--If the court grants a motion to
expunge all records of an arrest for an offense under
subsection (b), the court shall immediately enter an
expungement order that directs that there be expunged
from all official records all references to--
(A) the arrest of the movant for the offense;
(B) the institution of any criminal
proceedings against the movant relating to the
offense; and
(C) the results of the proceedings, if any.
(2) Effect.--If an arrest is expunged under an order
entered under paragraph (1) the arrest shall not be
regarded as an arrest under Federal law and the movant
for whom the arrest is expunged shall be considered to
have the status occupied by the movant before the
arrest or the institution of the criminal proceedings
related to such arrest, if any.
(e) Mitigating Factors.--
(1) In general.--The court that imposed sentence for
a level A offense or level B offense upon a covered
prisoner may reduce the term of imprisonment for the
offense--
(A) upon--
(i) motion by the covered prisoner;
or
(ii) the court's own motion;
(B) after notice to the Government;
(C) after considering--
(i) the factors set forth in section
3553(a);
(ii) the nature and seriousness of
the danger to any person, if
applicable; and
(iii) the community, or any crime
victims; and
(D) if the court finds, by a preponderance of
the evidence, that the covered prisoner
committed the offense as a direct result of the
covered prisoner having been a victim of
trafficking.
(2) Requirement.--Any proceeding under this
subsection shall be subject to section 3771.
(3) Particularized inquiry.--For any motion under
paragraph (1), the Government shall conduct a
particularized inquiry of the facts and circumstances
of the original sentencing of the covered prisoner in
order to assess whether a reduction in sentence would
be consistent with this section.
(f) Additional Actions by Court.--The court shall, upon
granting a motion under this section, take any additional
action necessary to grant the movant full relief.
(g) No Fees.--A person may not be required to pay a filing
fee, service charge, copay fee, processing fee, or any other
charge for filing a motion under this section.
(h) Confidentiality of Movant.--
(1) In general.--A motion under this section and any
documents, pleadings, or orders relating to the motion
shall be filed under seal.
(2) Information not available for public
inspection.--An officer or employee may not make
available for public inspection any report, paper,
picture, photograph, court file, or other document, in
the custody or possession of the officer or employee,
that identifies the movant.
(i) Applicability.--This section shall apply to any
conviction or arrest occurring before, on, or after the date of
enactment of this section.
* * * * * * *
----------
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
* * * * * * *
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
* * * * * * *
SEC. 103. DEFINITIONS.
In this division:
(1) Abuse or threatened abuse of law or legal
process.--The term ``abuse or threatened abuse of the
legal process'' means the use or threatened use of a
law or legal process, whether administrative, civil, or
criminal, in any manner or for any purpose for which
the law was not designed, in order to exert pressure on
another person to cause that person to take some action
or refrain from taking some action.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on Foreign
Affairs and the Committee on the Judiciary of the House
of Representatives.
(3) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical
restraint against any person;
(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of the
legal process.
(4) Commercial sex act.--The term ``commercial sex
act'' means any sex act on account of which anything of
value is given to or received by any person.
(5) Concrete actions.--The term ``concrete actions''
means actions that demonstrate increased efforts by the
government of a country to meet the minimum standards
for the elimination of trafficking, including any of
the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively
underway.
(G) Efforts to prevent severe forms of
trafficking, including programs to reduce the
vulnerability of particularly vulnerable
populations, involving survivors of trafficking
in community engagement and policy making,
engagement with foreign migrants, ending
recruitment fees, and other such measures.
(H) Victim services offered, including
immigration services and restitution.
(I) The amount of money the government has
committed to the actions described in
subparagraphs (A) through (H).
(6) Credible information.--The term ``credible
information'' includes all of the following:
(A) Reports by the Department of State.
(B) Reports of other Federal agencies,
including the Department of Labor's List of
Goods Produced by Child Labor or Forced Labor
and List of Products Produced by Forced Labor
or Indentured Child Labor.
(C) Documentation provided by a foreign
country, including--
(i) copies of relevant laws,
regulations, and policies adopted or
modified; and
(ii) an official record of
enforcement actions taken, judicial
proceedings, training conducted,
consultations conducted, programs and
partnerships launched, and services
provided.
(D) Materials developed by civil society
organizations.
(E) Information from survivors of human
trafficking, vulnerable persons, and
whistleblowers.
(F) All relevant media and academic reports
that, in light of reason and common sense, are
worthy of belief.
(G) Information developed by multilateral
institutions.
(H) An assessment of the impact of the
actions described in subparagraphs (A) through
(I) of paragraph (5) on the prevalence of human
trafficking in the country.
(7) Debt bondage.--The term ``debt bondage'' means
the status or condition of a debtor arising from a
pledge by the debtor of his or her personal services or
of those of a person under his or her control as a
security for debt, if the value of those services as
reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined.
(8) Involuntary servitude.--The term ``involuntary
servitude'' includes a condition of servitude induced
by means of--
(A) any scheme, plan, or pattern intended to
cause a person to believe that, if the person
did not enter into or continue in such
condition, that person or another person would
suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the
legal process.
(9) Minimum standards for the elimination of
trafficking.--The term ``minimum standards for the
elimination of trafficking'' means the standards set
forth in section 108.
(10) Nonhumanitarian, nontrade-related foreign
assistance.--The term ``nonhumanitarian, nontrade-
related foreign assistance'' means--
(A) any assistance under the Foreign
Assistance Act of 1961, other than--
(i) assistance under chapter 4 of
part II of that Act in support of
programs of nongovernmental
organizations that is made available
for any program, project, or activity
eligible for assistance under chapter 1
of part I of that Act;
(ii) assistance under chapter 8 of
part I of that Act;
(iii) any other narcotics-related
assistance under part I of that Act or
under chapter 4 or 5 part II of that
Act, but any such assistance provided
under this clause shall be subject to
the prior notification procedures
applicable to reprogrammings pursuant
to section 634A of that Act;
(iv) disaster relief assistance,
including any assistance under chapter
9 of part I of that Act;
(v) antiterrorism assistance under
chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other
development assistance in support of
programs of nongovernmental
organizations under chapters 1 and 10
of that Act;
(viii) programs under title IV of
chapter 2 of part I of that Act,
relating to the Overseas Private
Investment Corporation; and
(ix) other programs involving trade-
related or humanitarian assistance; and
(B) sales, or financing on any terms, under
the Arms Export Control Act, other than sales
or financing provided for narcotics-related
purposes following notification in accordance
with the prior notification procedures
applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of
1961.
(11) Severe forms of trafficking in persons.--The
term ``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or
in which the person induced to perform such act
has not attained 18 years of age; or
(B) the recruitment, harboring,
transportation, provision, or obtaining of a
person for labor or services, through the use
of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage,
debt bondage, or slavery.
(12) Sex trafficking.--The term ``sex trafficking''
means the recruitment, harboring, transportation,
provision, obtaining, patronizing, or soliciting of a
person for the purpose of a commercial sex act.
(13) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and
territories and possessions of the United States.
(14) Task force.--The term ``Task Force'' means the
Interagency Task Force to Monitor and Combat
Trafficking established under section 105.
(15) United states.--The term ``United States'' means
the fifty States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the territories and
possessions of the United States.
(16) Victim of a severe form of trafficking.--The
term ``victim of a severe form of trafficking'' means a
person subject to an act or practice described in
paragraph [(9)] (11).
(17) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act or
practice described in paragraph [(9) or (10)] (11) or
(12).
(18) Grounds related to human trafficking.--The term
``grounds related to human trafficking'' means grounds
related to the criteria for inadmissibility to the
United States described in subsection (a)(2)(H) of
section 212 of the Immigration and Nationality Act (8
U.S.C. 1182).
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