Domestic Human Trafficking Legislation in
the 113th Congress
Alison Siskin, Coordinator
Specialist in Immigration Policy
Adrienne L. Fernandes-Alcantara
Specialist in Social Policy
Kristin Finklea
Specialist in Domestic Security
May 19, 2014
Congressional Research Service
7-5700
www.crs.gov
R43555
Domestic Human Trafficking Legislation in the 113th Congress
Summary
Legislation aimed at preventing trafficking in persons (TIP) is unambiguously part of the
legislative agenda of the 113th Congress. TIP is believed to be one of the most prolific areas of
contemporary criminal activity and is of significant interest to the United States as a serious
human rights concern. TIP is both an international and domestic crime that involves violations of
labor, public health, and human rights standards, as well as criminal law. The Trafficking Victims
Protection Act (TVPA) is the primary law that addresses human trafficking. Domestically, anti-
TIP efforts provided under the TVPA include protection for victims, the investigation and
prosecution of trafficking offenses, and education of the public. Congress reauthorized the TVPA
in March 2013 (Trafficking Victims Protection Reauthorization Act; Title XII of P.L. 113-4).
While this report covers P.L. 113-4, a more complete treatment of that bill can be found in CRS
Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress. This report
discusses TIP issues that have received legislative action or are of significant congressional
interest in the 113th Congress.
The House and Senate have acted on other TIP-related bills in the 113th Congress. Since human
trafficking issues intersect with many different policy areas (e.g., immigration, child welfare, the
criminal justice system, missing and exploited youth), legislation to address human trafficking is
varied. For example, the Fraudulent Overseas Recruitment and Trafficking Elimination Act (H.R.
3344) and Title III subsection F of the Border Security, Economic Opportunity, and Immigration
Modernization Act (S. 744), as passed by the Senate, would make changes to immigration policy
altering how foreign labor contractors operate to help prevent trafficking of noncitizen workers.
Two bills that have been reported out of committee—the Preventing Sex Trafficking and
Improving Opportunities for Youth in Foster Care Act (H.R. 4058) and the Supporting At-Risk
Children Act (S. 1870)—would address trafficking prevention through the child welfare system.
In addition to other provisions, the bills would require state child welfare agencies to develop and
implement policies to identify, screen, and determine appropriate state actions and services for
children believed to be victims of sex trafficking or at risk of being victims.
The Stop Exploitation Through Trafficking Act (H.R. 3610/S. 1733) and the SAVE [Stop
Advertising Victims of Exploitation] Act of 2014 (H.R. 4225) would amend criminal justice
policy in an attempt to obstruct human trafficking. H.R. 3610, as reported, and S. 1733 would
incentivize states to enact safe harbor legislation—legislation providing that children who were
found in prostitution would be treated as victims rather than perpetrators—and increase restitution
amounts for victims. H.R. 4225 would additionally provide penalties for knowingly advertising or
knowingly selling advertising that offers certain commercial sex acts. Other bills adopt a multi-
prong approach to anti-TIP efforts. The Justice for Victims of Trafficking Act of 2013 (H.R. 3530,
as ordered reported, and S. 1738) would create new grant programs for law enforcement and
victims services, and would amend the criminal code (Title 18 of the U.S. Code) to create new
crimes and enhance criminal penalties for certain trafficking-related activities. The International
Megan’s Law (H.R. 4573), as reported, would create a new center in DHS that would be
responsible for possibly notifying the destination country of international travel by child-sex
offenders.
The report accompanies CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for
Congress, by Alison Siskin and Liana Rosen and CRS Report R41878, Sex Trafficking of
Children in the United States: Overview and Issues for Congress, by Kristin Finklea, Adrienne L.
Fernandes-Alcantara, and Alison Siskin.
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Domestic Human Trafficking Legislation in the 113th Congress
Contents
Overview .......................................................................................................................................... 1
Definition of Human Trafficking ..................................................................................................... 2
Select Anti-Trafficking Legislation in the 113th Congress ............................................................... 3
Restoring Victims: Services and Benefits ........................................................................................ 4
Adequacy of Services for Victims ............................................................................................. 5
Funding for Victims Services .................................................................................................... 6
Certification ............................................................................................................................... 7
Job Corps Program .................................................................................................................... 8
Restitution & Damages .............................................................................................................. 8
Unaccompanied Minor Trafficking Victims .................................................................................... 8
Protecting Foreign National Workers .............................................................................................. 9
Criminal Justice ............................................................................................................................. 10
Reducing Demand ................................................................................................................... 10
Improving Data ........................................................................................................................ 11
Domestic Sex Trafficking of Children ........................................................................................... 11
Missing and Exploited Children .............................................................................................. 12
Children’s Advocacy Centers .................................................................................................. 13
Response by the Child Welfare System ................................................................................... 13
Identifying and Serving Victims ........................................................................................ 14
Data Collection and Reporting .......................................................................................... 15
Recommendations to Congress for Expanding Housing for Youth Victims of
Trafficking ...................................................................................................................... 15
Children Missing From Foster Care .................................................................................. 16
National Advisory Committee on the Nation’s Response to Domestic Sex
Trafficking of Minors ..................................................................................................... 17
Grant Programs for Domestic Minor Victims of Sex Trafficking ........................................... 17
Juvenile Justice ........................................................................................................................ 18
Other Issues ................................................................................................................................... 18
Inter-agency Coordination/Efficiency ..................................................................................... 18
Sex Offender Registry ............................................................................................................. 19
Tables
Table A-1. Active Legislation in the 113th Congress that Addresses Human Trafficking .............. 21
Appendixes
Appendix. Table of Pending Bills that Have Received Congressional Action or Are of
Significant Congressional Interest .............................................................................................. 21
Congressional Research Service
Domestic Human Trafficking Legislation in the 113th Congress
Contacts
Author Contact Information........................................................................................................... 24
Congressional Research Service
Domestic Human Trafficking Legislation in the 113th Congress
Overview
The 113th Congress has made fighting trafficking in persons (TIP) within the United States a
legislative priority. TIP is believed to be one of the most prolific areas of contemporary criminal
activity and is of significant interest to the United States as a serious human rights concern. TIP is
both an international and domestic crime that involves violations of labor, public health, and
human rights standards, as well as criminal law.
The United States is a source, transit, and destination country for men, women, and children
subject to trafficking in persons.1 In the United States, human trafficking occurs in every state,
and it victimizes both U.S. citizens and noncitizens.2 As many as 17,500 people are believed to be
trafficked into the United States each year,3 and some have estimated that 100,000 U.S. citizen
(USC) children are victims of trafficking within the United States.4 The trafficking of individuals
within U.S. borders is commonly referred to as domestic or “internal” human trafficking.
Domestic human trafficking occurs primarily for labor and most commonly in domestic service,
agriculture, manufacturing, janitorial services, hotel services, construction, health and elder care,
hair and nail salons, and strip club dancing. However, more investigations and prosecutions have
taken place for sex trafficking offenses than for labor trafficking offenses.5
Noncitizens are more susceptible than U.S. citizens to labor trafficking,6 and more foreign
victims7 are found in labor trafficking than in sex trafficking. Although labor trafficking can
happen to U.S. citizens, significantly more U.S. citizens are found in sex trafficking than in labor
trafficking.8 Research indicates that most of the victims of sex trafficking into and within the
United States are women and children. In addition, migrant labor camps tend to be common
settings for labor exploitation and domestic trafficking.9 Domestically, anti-TIP efforts include
protection for victims, education of the public, and the investigation and prosecution of
1 U.S. Department of State, Trafficking in Persons Report, FY2012, June 2013, p. 381.
2 Human Smuggling and Trafficking Center, Domestic Human Trafficking: An Internal Issue, Washington, DC,
December 2008, p. 2, http://www.state.gov/documents/organization/113612.pdf.
3 This is the most recent U.S. government estimate of those who enter the United States and end up in trafficking
situations. For more on the estimates see CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for
Congress, by Alison Siskin and Liana Rosen. Department of Justice, Department of Health and Human Services,
Department of State, Department of Labor, Department of Homeland Security, and U.S. Agency of International
Development, Assessment of U.S. Government Efforts to Combat Trafficking in Persons, June 2004, p. 4.
4 For a discussion of the estimates of U.S. citizen children who are victims of trafficking, see CRS Report R41878, Sex
Trafficking of Children in the United States: Overview and Issues for Congress, by Kristin Finklea, Adrienne L.
Fernandes-Alcantara, and Alison Siskin.
5 U.S. Department of State, Trafficking in Persons Report, FY2011, June 2012, p. 360.
6 Human Smuggling and Trafficking Center, Domestic Human Trafficking: An Internal Issue, Washington, DC,
December 2008, pp. 3-6, http://www.state.gov/documents/organization/113612.pdf.
7 Foreign victims do not include lawful permanent residents (LPRs). LPRs are foreign nationals who live permanently
in the United States and are also called immigrants. For the purposes of discussing trafficking victims in the United
States, LPRs are grouped with U.S. citizens.
8 U.S. Department of State, Trafficking in Persons Report, FY2009, June 2010, p. 338.
9 Internal human trafficking of migrant labor primarily occurs in the Southeast and Central regions of the United States,
although such conduct has been identified in other places. Human Smuggling and Trafficking Center, Domestic Human
Trafficking: An Internal Issue, Washington, DC, December 2008, pp. 3-6, http://www.state.gov/documents/
organization/113612.pdf.
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trafficking offenses. The Departments of Justice (DOJ), Health and Human Services (HHS), and
Labor (DOL) have programs or administer grants to other entities to provide assistance specific to
the needs of trafficking victims. This assistance includes temporary housing, independent living
skills, cultural orientation, transportation, job training, mental health counseling, and legal
assistance. Both HHS and the Department of Homeland Security (DHS) administer public
awareness campaigns on recognizing human trafficking victims. In addition, at the federal level,
the majority of the cases are investigated by agents in DOJ’s Federal Bureau of Investigation
(FBI) and DHS’s U.S. Immigration and Customs Enforcement (ICE),10 who coordinate as
appropriate; the cases are prosecuted by DOJ.11
For more than a decade, Congress has been actively engaged in anti-human-trafficking efforts
within the United States. Through the Trafficking Victims Protection Act of 2000 (TVPA,
Division A of P.L. 106-386) and its four reauthorizations (TVPRAs),12 Congress has aimed to
eliminate human trafficking within the United States by creating domestic grant programs for
both victims and law enforcement, creating new criminal laws, and conducting oversight on the
effectiveness and implications of U.S. anti-TIP policy. Most recently, in March 2013, the TVPA’s
grant programs were reauthorized through FY2017 in the Violence Against Women
Reauthorization Act of 2013 (Title XII, P.L. 113-4).
This report discusses domestic human-trafficking-related issues that have received legislative
action or are of significant congressional interest in the 113th Congress. The most recent
reauthorization of the TVPA is not reviewed in detail in this report.13 This report accompanies
CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress, by Alison
Siskin and Liana Rosen and CRS Report R41878, Sex Trafficking of Children in the United
States: Overview and Issues for Congress, by Kristin Finklea, Adrienne L. Fernandes-Alcantara,
and Alison Siskin.
Definition of Human Trafficking
Federal statutes do not formally define human trafficking or trafficking in persons. Instead, the
TVPA defines “severe forms of trafficking in persons” to mean,
10 Both agencies also provide training to federal and state law enforcement on trafficking victim identification. U.S.
Department of State, Trafficking in Persons Report Fiscal Year 2012.
11 The cases are prosecuted by the U.S. Attorney’s Offices, as well as by two specialized units—the Civil Rights
Division’s Human Trafficking Prosecution Unit (HTPU), which oversees prosecutions involving labor trafficking and
sex trafficking of adults, and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), which
specializes in prosecuting child sex trafficking and child sex tourism. U.S. Department of State, Trafficking in Persons
Report Fiscal Year 2012, p. 382.
12 Prior to the most recent authorization in 2013 (P.L. 113-4), the TVPA was reauthorized in 2003 by the Trafficking
Victims Reauthorization Act of 2003 (P.L. 108-193); in 2005 by the Trafficking Victims Reauthorization Act of 2005
(P.L. 109-164); and in 2008 by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(P.L. 110-547). Other legislation has included anti-trafficking provisions. For a discussion of anti-trafficking
legislation, see Appendix A in CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress, by
Alison Siskin and Liana Rosen.
13 For a section-by-section analysis of trafficking-related provisions in P.L. 113-4, see the section entitled, “Enacted
Legislation in the 113th Congress: The TVPA Reauthorization,” in CRS Report RL34317, Trafficking in Persons: U.S.
Policy and Issues for Congress, by Alison Siskin and Liana Rosen.
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• sex trafficking in which a commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to perform such act has not attained 18
years of age; or
• the recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
There appears to be a consensus that prostitution by minors fits the definition of “severe forms of
human trafficking” as defined under the TVPA.
Other TVPA Definitions
The TVPA provides other definitions relevant to trafficking. Some of these definitions are referenced in the pending
legislation.
•
“Sex trafficking”: The term means the recruitment, harboring, transportation, provision, or obtaining of a person
for the purpose of a commercial sex act.
•
“Victim of Trafficking”: The term means a person subjected to an act or practice described under the definitions
of “severe forms of trafficking in persons” or “sex trafficking.”
•
“Commercial Sex Act”: The term means any sex act on account of which anything of value is given or received
by any person.
•
“Coercion”: The term means (1) threats of serious harm to or physical restraint against any person; (2) any
scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm or physical restraint against any person; or (3) the abuse or threatened abuse of the legal process.
Select Anti-Trafficking Legislation in the 113th
Congress
This report examines the trafficking-related provisions in legislation that has at least been
reported out of committee in the 113th Congress. Where applicable, it discusses companion
legislation that may not have been considered in committee or other legislation that has received
significant Congressional interest. The legislation includes the following:
• The Trafficking Victims Protection Reauthorization Act of 2013 (Title XII of P.L.
113-4) enacted on March 7, 2013. This act was part of the larger The Violence
Against Women Reauthorization Act of 2013.
• The E. Clay Shaw, Jr. Missing Children’s Assistance Reauthorization Act (P.L.
113-38), enacted on September 30, 2013.
• The Fraudulent Overseas Recruitment and Trafficking Elimination Act (H.R.
3344).14
• The Justice for Victims of Trafficking Act of 2013 (H.R. 3530), placed on the
House calendar on May 15, 2014. The companion legislation (S. 1738) has not
been taken up in committee.
14 Subtitle F of S. 744 is substantially similar to this bill.
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• The Stop Exploitation Through Trafficking Act of 2013 (H.R. 3610), placed on
the House calendar on May 13, 2014. The companion legislation (S. 1733) has
not been taken up in committee.
• The Preventing Sex Trafficking and Improving Opportunities for Youth in Foster
Care Act (H.R. 4058), as ordered reported by the House Ways and Means
Committee on April 29, 2014.15
• The SAVE Act of 2014 (H.R. 4225), placed on the House calendar on May 15,
2014.
• International Megan’s Law to Prevent Demand for Child Sex Trafficking (H.R.
4573), as ordered reported by the House Foreign Affairs Committee on May 9,
2014.
• The Border Security, Economic Opportunity, and Immigration Modernization Act
(S. 744), as passed by the Senate on June 27, 2013.
• The Supporting At-Risk Children Act (S. 1870), as ordered reported by the
Senate Finance Committee on December 12, 2013.16
The following sections lay out issues raised in the bills. The issues are grouped under the
following themes: (1) restoring victims through services and benefits, (2) unaccompanied minor
trafficking victims, (3) protection of foreign national workers, (4) criminal justice, (5) improving
data, (6) domestic sex trafficking of children, and (7) other issues that include inter-agency
coordination and sex offender registry and notification.
Restoring Victims: Services and Benefits
In general, the trafficking business feeds on continuing demand and conditions of vulnerability,
such as youth, gender, poverty, and social exclusion. Actors engaged in human trafficking range
from amateur family-run organizations to sophisticated transnational organized crime syndicates.
Trafficking victims are often subjected to mental and physical abuse in order to control them.
Abuses may include debt bondage, social isolation, removal of identification cards and travel
documents, violence, and fear of reprisals against them or their families.17
A major aspect of U.S. anti-trafficking efforts is victim assistance: providing immediate services
when victims are identified and helping the victims recover from the victimization and reclaim
their lives. Pending legislation (H.R. 3610/S. 1733 and H.R. 3530/S. 1738) seeks to improve
victim services and provide greater access to resources for victims.
15 The accompanying committee report (H.Rept. 113-441) was filed on May 7, 2014.
16 The accompanying committee report (S.Rept. 113-137) was filed on February 6, 2014. Title II of S. 1870 is
substantively identical to the Protecting Youth At-Risk for Sex Trafficking Act (S. 1878), which was introduced on
December 19, 2013.
17 CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress, by Alison Siskin and Liana
Rosen.
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Adequacy of Services for Victims
One issue surrounding U.S. policy to combat human trafficking involves whether the United
States provides equal treatment of all victims—foreign nationals and U.S. citizens, as well as
victims of labor trafficking and sex trafficking. Related to this is whether current services are
adequate to combat sex trafficking of minors in the United States (i.e., the prostitution of
children). There is confusion over whether U.S. citizens, as well as noncitizens, are eligible for
services under all the anti-trafficking grant programs authorized by the TVPA and whether
Congress has provided funding for programs that target U.S. citizen and lawful permanent
resident (LPR) victims.18 Under the TVPA, the Departments of Justice (DOJ), Health and Human
Services (HHS), and Labor (DOL) have programs or administer grants to other entities to provide
services to trafficking victims.19 Only the DOJ and HHS programs receive specified funding for
trafficking victims services.
A related issue is the overall amount of funding for victims services; especially as the focus on
sex trafficking is broadening to include minor sex trafficking victims in the United States who are
U.S. citizens. Between FY2002 and FY2013, Congress appropriated approximately $20 million
each year for victim services, and the amount was increased to approximately $28 million in
FY2014. Between FY2009 and FY2013, HHS used all of its appropriated money on services for
trafficking victims before the end of the fiscal year—and all of the services were provided to
noncitizen victims. Notably, the most recent Department of State’s Trafficking in Persons Report
(FY2012) recommends increasing funding for relevant agencies to provide victims services.20 In
addition, there is no targeted federal funding to support state child welfare agencies’ anti-
trafficking efforts.21 Non-governmental organizations (NGOs) report a critical need for an
increase in the overall funding for comprehensive services.22
Recently, Congress has amended certain grant programs so that sex trafficking victims would be
eligible for those programs. For example, the 2013 reauthorization of the Violence Against
Women Act (P.L. 113-4) clarifies that victims’ services and legal assistance under VAWA23
include services and assistance to victims of domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking in persons.24 In addition, P.L. 113-4
amended the purpose for grants to tribal governments to combat violence against women to
include sex trafficking and creates a new purpose to provide services to address the needs of
youth who are victims of several crimes including sex trafficking. The act also created a new
tribal coalition grant program, administered by DOJ, which, among other purposes, seeks to
18 Under the TVPA, ”noncitizen victims” refers to victims of human trafficking in the United States who are either on
temporary visas or are illegally present (i.e., unauthorized aliens). It does not include LPRs (i.e., aliens who are
lawfully in the United States on a permanent basis, often referred to as immigrants). References to U.S. citizen
trafficking victims include LPR victims.
19 In addition, the Legal Services Corporation (LSC) has instructed its lawyers to provide legal assistance to trafficking
victims. The LSC, established by Congress, is a private, nonprofit, federally funded corporation that helps provide legal
assistance to low-income people in civil (i.e., non-criminal) matters.
20 U.S. Department of State, Trafficking in Persons Report, FY2012, June 2013, p. 382.
21 U.S. Department of State, Trafficking in Persons Report, FY2010, June 2011, p. 375.
22 U.S. Department of State, Trafficking in Persons Report, FY2012t, June 2013, p. 381.
23 For more on these grants, see CRS Report R42499, The Violence Against Women Act: Overview, Legislation, and
Federal Funding, by Lisa N. Sacco.
24 Under these provisions, severe forms of trafficking in persons is defined under Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102).
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enhance access to essential services for Indian women victimized by domestic and sexual
violence, including sex trafficking; and to assist Indian tribes in developing and promoting state,
local, and tribal law and policies that enhance best practices for responding to violent crimes
against Indian women, including sex trafficking.25 P.L. 113-4 also amended the grant program for
state and local law enforcement’s anti-trafficking programs focusing on U.S. citizen victims,26 so
these grants can be used for anti-trafficking programs for noncitizen victims as well.27
In the same vein, pending legislation in the 113th Congress would create new programs to
enhance services to trafficking victims. The Stop Exploitation Through Trafficking Act of 2013
(H.R. 3610 and S. 1733) would require, beginning in FY2017, that the Secretary of HHS make
grants for a national communication system to help victims of severe forms of trafficking
communicate with service providers.
The Justice for Victims of Trafficking Act of 2013 (H.R. 3530/ S. 1738) would authorize the
Attorney General to make grants to an eligible entity to develop, improve, or expand domestic
child human trafficking deterrence programs designed to aid victims while investigating and
prosecuting the trafficking offenses. An eligible entity is a state or unit of local government that
meets specified criteria.28 The grants could be used to establish or enhance specialized training
programs on the prevention of child trafficking for law enforcement, first responders, health care
officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel;
establish law enforcement and prosecution units dedicated to fighting trafficking of children; and
establish or enhance court programs to assist child trafficking victims.29
Funding for Victims Services
As discussed, the Department of State’s TIP report recommends increasing funding for relevant
agencies to provide victims services.30 S. 1738 would require courts to impose a $5,000
assessment31 on any person or entity convicted of certain criminal offenses, including trafficking,
25 For more on these grants, see CRS Report R42499, The Violence Against Women Act: Overview, Legislation, and
Federal Funding, by Lisa N. Sacco.
26 This grant program was created in P.L. 109-164, §204 (42 U.S.C. 14044c(d)).
27 The grant program was also modified so that funding is available for victim identification training and prioritizing
cases involving minor victims of sex trafficking.
28 The criteria are that the state or unit of local government:
1. has significant criminal activity involving child human trafficking;
2. has demonstrated cooperation between Federal, State, local, and, if applicable, tribal law enforcement
agencies, prosecutors, and social service providers in addressing child human trafficking;
3. has developed a workable, multi-disciplinary plan to combat child human trafficking;
4. has a victim certification process for eligibility for State-administered medical care to ensure that minor
victims of human trafficking who are not eligible for interim assistance under TVPA §107(b)(1)(F) are
granted eligibility for, and have access to, State-administered medical care immediately upon certification;
and
5. provides an assurance that, a victim of child human trafficking shall not be required to collaborate with law
enforcement officers to have access to any shelter or services.
29 This grant program would replace a pilot program to create residential treatment facilities for juvenile trafficking
victims in the United States. The pilot program which was established in the Trafficking Victims Protection
Reauthorization Act of 2005 (P.L. 109-164), was never funded.
30 U.S. Department of State, Trafficking in Persons Report, FY2012, June 2013, p. 382.
31 This would be in addition to any other assessments imposed.
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sexual abuse and exploitation of children, transportation of children for illegal sexual activity, and
alien smuggling.32 The assessment would be paid after the person paid all court-ordered fines and
orders of restitution arising from the criminal conviction on which the assessment was based. S.
1738 would put these assessments into a new “Domestic Trafficking Fund” at the federal treasury.
The Attorney General and Secretary of HHS would be directed to use the new fund to award
grants or enhance victims programs under the TVPA and its reauthorizations.
Alternatively, H.R. 3530 would steadily increase the cap on the existing Crime Victims Fund
(CVF) over several years. The CVF, which collects a wide range of fees and assessments tied to
federal crimes, was established in the mid-1980s to provide funding for state victim compensation
and assistance programs. The CVF is administered by DOJ, and Congress establishes an annual
obligation cap as part of the appropriations process.33
Certification
Under the TVPA, noncitizen victims of trafficking are certified as victims by HHS and this makes
them eligible for services.34 U.S. citizen and LPR trafficking victims are not required to be
certified by HHS, and indeed would not meet the criteria to be certified because certification
applies only to foreign nationals who need an immigration status (e.g., T status or continued
presence)35 to remain in the United States.36 Thus, an issue that has arisen is whether U.S. citizen
and LPR victims are eligible for certain victims services (e.g., those funded by HHS and DOL)
since they do not need to undergo certification.37
S. 1738 would amend the TVPA to create a process by which the Secretary of HHS would
determine that a U.S. citizen or LPR is a victim of severe forms of trafficking. This amendment
would be made to the current TVPA section requiring that the Secretary of HHS and the Attorney
General establish a program to assist U.S. citizen and LPR victims of severe forms of
trafficking.38
32 The assessment would be for the following criminal offenses: 18 U.S.C. chapters 77, 109A, 110, 117, and 8 U.S.C.
§274.
33 For further information on the CVF, see CRS Report R42672, The Crime Victims Fund: Federal Support for Victims
of Crime, by Lisa N. Sacco.
34 The programs in TVPA for noncitizen victims were created in part because under the law noncitizen victims are
statutorily ineligible for many public benefits (e.g., Medicaid, housing assistance). For a discussion of noncitizen
eligibility for public benefits, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy
Overview and Trends, by Ruth Ellen Wasem.
35 T status or T visas are given to victims of severe forms of trafficking who meet certain requirements. Continued
presence is not an immigration status; it refers to the Secretary of DHS’ discretionary authority to use a variety of
statutory and administrative mechanisms to ensure the alien’s continued presence in the United States. For more on T
status and continued presence, see CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress,
by Alison Siskin and Liana Rosen.
36 Before certification victims are eligible for services that are funded by DOJ.
37 Under the TVPA, certification appears to be required for victims receiving services though HHS and DOL. For an in-
depth discussion of this issue, see CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress,
by Alison Siskin and Liana Rosen.
38 TVPA §107(f); 22 U.S.C. 7105(f).
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Job Corps Program
Job Corps is an employment and job training program for 16-to-24 year olds that is administered
by the Department of Labor.39 H.R. 3610/S. 1733 would amend the Workforce Investment Act of
1998 to specify that victims of a severe form of trafficking (as defined in the TVPA) do not need
to meet the income requirement to be eligible for the Job Corps program.40
Restitution & Damages
Victims of human trafficking often suffer injuries that can affect them for the rest of their lives.
Medical care, psychological treatment, job training, and more may be necessary to assist victims
in recovering.41 Current law allows a victim of peonage, slavery, or trafficking in persons to bring
a civil action against his/her perpetrator and obtain civil remedies. S. 1733 would, among other
things, triple the amount that such a victim would be eligible to recover. H.R. 3610 and S. 1733
would also require the Attorney General to collect and tabulate data on mandatory restitution
orders (the TVPA requires the court to order restitution—paid by the defendant to the victim—for
any crime of peonage, slavery, or trafficking in persons). Also with respect to restitution for
trafficking victims, S. 1738 would, among other things, increase restitution for human trafficking
victims.
Unaccompanied Minor Trafficking Victims42
Congress has expressed concern that unaccompanied minors attempting to enter into the United
States may be victims of trafficking or may be at heightened risk of becoming trafficking
victims.43 Unaccompanied minors are aliens who are in the United States without a parent or
guardian. The 2013 TVPA reauthorization (P.L. 113-4) contains provisions related to the custody
and care of unaccompanied minor trafficking victims. P.L. 113-4 requires that the DHS Secretary
create a pilot program to provide independent child advocates at immigration detention sites for
child trafficking victims and other vulnerable unaccompanied alien children. In addition, P.L.
113-4 specifies that children in the custody of HHS who receive U status44 (for crime victims) are
39 For further information about the Job Corps program, see CRS Report R40929, Vulnerable Youth: Employment and
Job Training Programs, by Adrienne L. Fernandes-Alcantara.
40 One of the eligibility requirements for the job corps program is that the individual be a low-income individual. 29
U.S.C. §2884(2).
41 Polaris Project and the Law Firm of Fulbright & Jaworski L.L.P., Maximizing Restitution Awards for Labor and Sex
Trafficking Victims, A Guide for Federal Prosecutors and Pro Bono Attorneys, 2013, p. 5, http://www.americanbar.org/
content/dam/aba/multimedia/trafficking_task_force/resources/
Maximizing_Restitution_Awards2013.authcheckdam.pdf.
42 For more details on the provisions discussed in this section, see CRS Report RL34317, Trafficking in Persons: U.S.
Policy and Issues for Congress, by Alison Siskin and Liana Rosen and CRS Report R43097, Comprehensive
Immigration Reform in the 113th Congress: Major Provisions in Senate-Passed S. 744, by Ruth Ellen Wasem.
43 For example, see U.S. Congress, House of Representatives, Department of Homeland Security Appropriations Bill,
2012, report to accompany H.R. 2017, 112th Cong., 1st sess., May 26, 2011, H.Rept. 112-91.
44 U status/visa is for victims of certain crimes who meet established criteria. While the majority of foreign nationals
with U status are victims of domestic violence, trafficking victims may be eligible for U status. For more on U status,
see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by William A. Kandel
and CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress, by Alison Siskin and Liana
Rosen.
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eligible for programs and services to the same extent as refugees, and the federal government will
reimburse states for foster care provided to these children.
Beyond these newly enacted protections, S. 744 contains additional provisions that seek to protect
unaccompanied alien children from becoming victims of human trafficking. The bill would
transfer, from HHS to DOJ, the responsibility for ensuring, to the greatest extent possible, that
unaccompanied alien children in DHS custody have counsel to represent them and access to child
advocates. It would require that the Secretary of DHS, in consultation with child welfare experts,
create mandatory training for DHS Customs and Border Protection (CBP) personnel and other
personnel who come in contact with unaccompanied alien children. In addition, the bill would
direct HHS to hire child welfare professionals to provide assistance in no fewer than seven of the
CBP offices or stations with the largest number of unaccompanied minors. Such professionals
would be required to have trauma-centered and developmentally appropriate interviewing
expertise and, among other duties, would be responsible for screening unaccompanied alien
children to ensure that they are not trafficking victims, among other items.
Protecting Foreign National Workers45
Some Members of Congress have argued that migrant workers and other foreign workers are
especially vulnerable to exploitation at the hands of foreign labor contractors, smugglers, and
human traffickers.46 Contractors often play a critical role in the labor migration process by
matching willing workers with willing employers. Yet because many prospective migrants depend
on such “middle men” to help them enter the United States (legally or otherwise) and to connect
them with employers, contractors may take advantage of migrant workers to extract unfair
payments or other such concessions.
Current law has outlined some protections for foreign workers. The 2013 TVPA reauthorization
(P.L. 113-4), requires that a video be shown in consular waiting rooms to provide information on
the rights and responsibilities of employees under U.S. immigration, labor, and employment law.
Further, P.L. 113-4 made it a criminal offense to knowingly destroy, or for a period of more than
48 hours, conceal, remove, confiscate, or possess another person’s passport, or immigration or
personal identification documents in the course of committing or attempting to commit the
offense of fraud in foreign labor contracting, alien smuggling, or in order to unlawfully maintain,
prevent, or restrict the labor or services of the individual.47
S. 744
, as passed by the Senate, and H.R. 3344 would establish new requirements to regulate
foreign labor contractors and to combat human trafficking. The bill would require foreign labor
contractors to provide workers with written information (in English and the worker’s native
language) about the terms and conditions of employment, including information about the
worker’s visa, among other items. Employers and contractors would be prohibited from
discriminating against workers on the basis of race, sex, national origin, religion, age, disability,
or other similar factors; and could not charge workers a fee for contracting activity.
45 Parts of this section are adapted from CRS Report R43097, Comprehensive Immigration Reform in the 113th
Congress: Major Provisions in Senate-Passed S. 744, by Ruth Ellen Wasem, p. 49.
46 See for example, U.S. Congress, Senate Committee on Foreign Relations, The Next Ten Years in the Fight Against
Human Trafficking, 112th Cong., 2nd sess., July 17, 2012.
47 18 U.S.C. §1597.
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To facilitate enforcement of these provisions, contractors would be required to register with the
Department of Labor (DOL) every two years, to provide annual reports on their activities, and to
post a bond ensuring their ability to fulfill their responsibilities. The Secretary of Labor would
maintain a list of registered contractors, and the Secretary of State would provide relevant
information to certain nonimmigrant visa applicants. DOL would establish procedures to
investigate complaints and impose civil fines against noncompliant contractors or employers; and
individuals also could sue contractors for civil damages. Employers would be required to use
registered contractors.
Criminal Justice
While the United States has a number of statutes that can and have been used to combat human
trafficking, law enforcement and policy makers have been interested in ways to enhance
investigations and prosecutions of individuals who commit trafficking offenses. In general,
federal law enforcement has targeted criminal networks that may involve individuals operating in
a number of capacities.
In an effort to help law enforcement combat the advertising side of commercial sexual
exploitation, H.R. 4225 aims to permit the prosecution of entities (including websites) that
“knowingly” advertise a person, knowing, or in reckless disregard of the fact, that force or fraud
has been used to cause the person to engage in a commercial sex act or that the victim is a minor.
For entities that have not advertised, but “benefit” from participating in a venture which has
engaged in such advertising, reckless disregard of the fact that force or fraud has been used or that
a minor was involved would not be enough; they would have to know either fact exists. In
addition, in order to enhance law enforcement targeting of criminal enterprises engaged in human
trafficking, S. 1738 would, among other things, set forth provisions prohibiting “aggravated
human trafficking racketeering.” S. 1738 would also expand state and local prosecutors’ ability to
obtain wiretap orders from state courts for certain investigations by including human trafficking,
child sexual exploitation, and child pornography production as allowable investigations. In
addition to expanding law enforcement’s “toolbox” for investigating sex trafficking, S. 1738
would enhance penalties for certain crimes involving human trafficking, child exploitation, and
repeat sex offenders. The bills would also revise the statutes related to travel for purposes of
engaging in illicit sexual conduct. Such provisions are intended to help law enforcement combat
sex tourism.48
Reducing Demand
Experts widely agree that any efforts to reduce the prevalence of trafficking should address not
only the supply, but also the demand.49 While statutes exist to allow federal law enforcement to
prosecute the buyers of commercial sex, federal legislation has focused more extensively on
penalizing the traffickers and has placed less emphasis on the buyers. To increase focus on
48 Similar provisions were in the introduced version of H.R. 3530.
49 Polaris Project, Why Trafficking Exists, http://www.polarisproject.org/human-trafficking/overview/why-trafficking-
exists. The Polaris Project is a nonprofit organization that works on human trafficking issues. See also Shared Hope
International, DEMAND. A Comparative Examination of Sex Tourism and Trafficking in Jamaica, Japan, the
Netherlands, and the United States.
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combating the demand for sex trafficking, H.R. 3530 and S. 1738 would, among other things,
prohibit the patronizing or soliciting of commercial sex (or benefiting from these activities).50
These bills would also require the Attorney General to ensure that working groups and task forces
within the Innocence Lost National Initiative work to enhance state and local law enforcement
investigative capabilities to detect, investigate, and prosecute individuals who patronize or solicit
children for sex. The Innocence Lost National Initiative is a partnership between the FBI, DOJ’s
Child Exploitation and Obscenity Section and the National Center for Missing and Exploited
Children (NCMEC),51 that develops task forces and working groups to recover children who are
prostituted and prosecutes perpetrators of child sex trafficking.52
Improving Data
Due to the nature of human trafficking, it is difficult to estimate the number of trafficking victims
in the United States. Despite mandates in the TVPA, data on trafficking crimes or number of
victims is not uniformly collected by federal, state, and local law enforcement agencies.53 In
2012, the FBI began developing software to capture all human trafficking cases and to ensure
uniform reporting at the federal and state levels.54
S. 744, as passed by the Senate, would create new reporting requirements for human trafficking
offenses in the FBI’s Uniform Crime Reports, and would make human trafficking a Part I crime55
for purposes of calculating funding under the Edward Byrne Memorial Justice Assistance Grant
Program.56
Domestic Sex Trafficking of Children
Domestic sex trafficking of children is trafficking within the United States involving a
commercial sex act in which the person induced to perform such act has not attained 18 years of
50 The amendment would be made to the criminal code concerning sex trafficking of children. 18 U.S.C. §1591.
51 NCMEC is a non-profit, federally-funded organization that operates the national clearinghouse on missing and
sexually exploited children.
52 For more on the Innocence Lost Initiative, see Federal Bureau of Investigation, Violent Crimes Against Children –
Innocence Lost, http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/innocencelost.
53 For example, P.L. 109-164 required biennial reporting on human trafficking, using available data from state and local
authorities. In response to this requirement, DOJ funded the creation of the Human Trafficking Reporting System
(HTRS). The data in the HTRS come from investigations opened by federally funded human trafficking task forces,
and do not represent all incidences of human trafficking nationwide. In January 2008, the task forces began entering
data into HTRS. However, between FY2007 and FY2013, the number of DOJ funded task forces decreased from 42 to
16. Tracey Kyckelhahn, Allen J. Beck, and Thomas Cohen, Characteristics of Suspected Human Trafficking Incidents,
2007-08, Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Special Report, Washington,
DC, January 2009, pp. 1-2; and U.S. Department of State, Trafficking in Persons Report, FY2012, June 2013, p. 383.
54 U.S. Department of State, Trafficking in Persons Report FY2012, June 2013, pp. 381-382.
55 Part I offenses (on which the FBI collects data on the number of offenses known to police, the number and
characteristics of persons arrested, and the number of clearances—cases solved through arrest or exceptional means)
include murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft,
motor vehicle theft, and arson. For more on the UCR program and Part I crimes, see Federal Bureau of Investigation,
UCR General FAQs, http://www.fbi.gov/about-us/cjis/ucr/frequently-asked-questions/ucr_faqs.
56 S. 744 §1119. For more on the Edward Byrne Memorial Justice Assistance Grant Program, see CRS Report
RS22416, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, by Nathan James.
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age.57 Regardless of whether a child is believed to have consented to sex or whether the child
represents himself/herself as an adult, the child is considered a trafficking victim under federal
law.58 The exact number of child victims of sex trafficking in the United States is unknown
because of challenges in defining the population and varying methodologies used to arrive at
estimates. Most of the victims are U.S. citizens and LPRs.59
Commercial sexual exploitation of children appears to be fueled by a variety of individual (e.g.,
homelessness or history of child abuse), relationship (e.g., family conflict or dysfunction),
community (e.g., peer pressure or gang involvement), and societal (e.g., sexualization of children)
variables.60 These factors may interact in ways that can increase the risk of exploitation. As part
of its 2013 report on child sex trafficking, the National Academy of Sciences recommended that
multiple stakeholders—such as the federal government, state and local governments, academic
and research institutions, foundations and nongovernmental organizations, and the commercial
sector—collaborate to address this issue.61
The 113th Congress has taken up legislation to address sex trafficking of children. The legislation
touches on a variety of policy areas (e.g., the child welfare system, juvenile justice, runaway and
homeless youth). Congress passed H.R. 3092 (enacted as P.L. 113-38), which requires the federal
Missing and Exploited Children’s program to provide assistance to law enforcement on child sex
trafficking. Other legislation (H.R. 3530 and S. 1738) would direct funds to provide support to
child victims of pornography and human trafficking, and require reporting of children missing
from foster care. In addition, two bills under consideration (S. 1870 and H.R. 4058) would require
state child welfare agencies and HHS to respond to sex trafficking of children, including those
who may or may not be in foster care. Further, another bill (S. 1733 and its companion, H.R.
3610) would, in different ways, incentivize states to enact “safe harbor laws” that would
discourage charging minors for prostitution or sex trafficking offenses, and encourage the
diversion of these minors to child protective services.
Missing and Exploited Children
The Missing and Exploited Children’s (MEC) program is administered by the Department of
Justice, and authorizes supports for children who are missing and/or sexually exploited. This
assistance is provided primarily to the National Center for Missing and Exploited Children
57 For more information on sex trafficking of children in the United States, see CRS Report R41878, Sex Trafficking of
Children in the United States: Overview and Issues for Congress, by Kristin Finklea, Adrienne L. Fernandes-Alcantara,
and Alison Siskin.
58 Under 18 U.S.C. §1591(c), the prosecution is relieved of proving the defendant “knew” the victim was under 18
years old if he had a “reasonable opportunity” to observe the victim. However, the lower courts are split on whether
this alternative mental state requirement relieves the government of proving both “knowing” and “reckless disregard”
in §1591(a) or just the “knowing” requirement. Compare United States v. Robinson, 702 F.3d 22, 31-32 (2d Cir. 2012)
(holding that subsection (c) relieves both requirements where the defendant had opportunity to observe) with United
States v. Wilson, No. 10-60101-CR, 2010 WL 2991561, *7 (S.D. Fl July 27, 2010) (holding that subjection (c) only
relieves the knowing, and not the reckless disregard, requirement).
59 Linda A. Smith, Samantha Headly Vardaman, and Melissa A. Snow, The National Report on Domestic Minor Sex
Trafficking: America’s Prostituted Children, Shared Hope International, Arlington, VA, May 2009,
http://www.sharedhope.org/files/SHI_National_Report_on_DMST_2009.pdf.
60 Ellen Wright Clayton, Richard D. Krugman, and Patti Simon, eds., Confronting Commercial Sexual Exploitation and
Sex Trafficking of Minors in the United States, National Academy of Sciences, 2013, pp. 42-43.
61 Ibid, pp. 337-342.
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(NCMEC), a non-profit organization that operates the national clearinghouse on missing and
sexually exploited children.62
The E. Clay Shaw, Jr. Missing Children’s Assistance Reauthorization Act (P.L. 113-38)
reauthorized the MEC program. The law adds a new requirement for NCMEC that pertains to
child sex trafficking. Specifically, the law directs NCMEC to provide technical assistance to law
enforcement agencies and first responders in identifying, locating, and recovering victims of, and
children at risk for, child sex trafficking. Although this responsibility was not specified in the law
as it existed before P.L. 113-38 was enacted, generally such activities have been carried out by
NCMEC in recent years.
Children’s Advocacy Centers
Subtitle A of the Victims of Child Abuse Act supports the expansion and improvement of
Children’s Advocacy Centers (CACs). CACs are intended to coordinate a multi-disciplinary
response to child abuse (e.g., law enforcement, child protection/social service, medical, mental
health) in a manner that ensures child abuse victims (and any non-offending family members)
receive the support services they need and do not experience the investigation of child abuse as an
added trauma. CACs are located in all 50 states and the District of Columbia.63 The law also
requires the establishment and support of four regional children’s advocacy centers to increase the
number of communities with CACs, help improve their practice, and support development of
state chapter organizations for CACs. The law funds training and technical assistance to attorneys
and others involved in criminal prosecution of child abuse.
H.R. 3530 and S. 1738 would amend Subtitle A of the Victims of Child Abuse Act by expanding
the definition of “child abuse” used by CACs—meaning physical or sexual abuse or neglect of a
child—to include the production of child pornography64 and human trafficking. The bills would
enable DOJ to make grants for the development and implementation of specialized programs to
identify and provide direct services to victims of child pornography. In addition, H.R. 3530 would
direct grantees receiving funding for CACs or training and technical assistance to meet certain
oversight and accountability requirements, and to disclose other sources of federal funding. H.R.
3530 would also reauthorize funding for CACs, the regional children’s advocacy centers, and
training and technical assistance through FY2019.
Response by the Child Welfare System
State and local child welfare agencies are responsible for carrying out child welfare policies that
are intended to promote the safety, well-being, and permanency of all children. Child victims of
sex trafficking may come to the attention of the child welfare agency if they are reported to the
agency’s child protective services (CPS) hotline. In addition, children in foster care—who are
placed out of their homes typically due to abuse or neglect by their parents or caregivers—may be
62 The MEC program supports a range of activities authorized under the Missing Children’s Assistance Act and other
laws. For further information, see CRS Report RL34050, Missing and Exploited Children: Background, Policies, and
Issues, by Adrienne L. Fernandes-Alcantara.
63 For further information about Children’s Advocacy Centers, see CRS Report R43458, Child Welfare: An Overview
of Federal Programs and Their Current Funding, by Emilie Stoltzfus.
64 The production of child pornography for profit could be a human trafficking violation.
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vulnerable to trafficking. Youth who run away from foster care are perceived to be especially
susceptible to this type of victimization. The capacity for state and local child welfare agencies to
respond to the needs of sex trafficking victims is believed to be limited. This may be due, in part,
to inadequate training, insufficient resources, high caseloads, and the perception that victims
should be handled in the juvenile justice system.65 In addition, states may not have mechanisms in
place to “screen in” cases involving children who are sex trafficked because the perpetrator
involved is not the child’s parent or caregiver as these terms are defined under state law.66
Both S. 187067 and H.R. 4058,68 would specify a role for state child welfare agencies to respond
to child sex trafficking. The bills refer to the definition of “sex trafficking” under Section 103(10)
of the TVPA, and the definition of “severe forms of trafficking in persons” as it relates to victims
of sex trafficking under Section 103(9)(A).69 The bills also include other amendments to child
welfare provisions that do not touch on sex trafficking.
Identifying and Serving Victims
S. 1870 and H.R. 4058 would amend Title IV-E of the Social Security Act, which authorizes
partial federal reimbursement to states for the cost of providing foster care maintenance payments
to eligible children in foster care. To be eligible for Title IV-E support, a state, territory, or tribe
must have a Title IV-E plan that is approved by HHS. The plan must provide that the state, tribal,
or territorial child welfare agency that operates the Title IV-E program adhere to all federal
requirements related to providing direct financial assistance to all eligible children, including
those related to ensuring the safety, permanence, and well-being of children receiving Title IV-E
assistance.70
The bills would require state child welfare agencies to develop and implement policies and
procedures to identify, screen, and determine appropriate state actions and services for any child
believed to be a victim of sex trafficking or at risk of being a sex trafficking victim. Under S.
1870, policies and procedures must apply to any child (individuals up to age 18) regardless of
their current or past foster care status and any youth in foster care up to age 19, 20, or 21 (if the
state elects to provide Title IV-E foster care up to that age). Under H.R. 4058, the policies would
need to apply to any child under the supervision of the state child welfare agency (including a
child in foster care, a child who has an open case file but has not been removed from the home,
and a youth who is receiving services under the Title IV-E Chafee Foster Care Independence
Program for youth who have aged out of foster care or are likely to do so). In either bill, a state
could choose to apply these policies to any youth up to age 26, regardless of whether they are or
were in foster care.
65 Ellen Wright Clayton, Richard D. Krugman, and Patti Simon, eds., Confronting Commercial Sexual Exploitation and
Sex Trafficking of Minors in the United States, National Academy of Sciences, pp. 186, 237-241.
66 For further information, see CRS Report R41878, Sex Trafficking of Children in the United States: Overview and
Issues for Congress, by Kristin Finklea, Adrienne L. Fernandes-Alcantara, and Alison Siskin.
67 The accompanying committee report, S.Rept. 113-137, was filed on February 6, 2014. Title II of S. 1870 is
substantively identical to the Protecting Youth At-Risk for Sex Trafficking Act (S. 1878), which was introduced on
December 19, 2013.
68 The accompanying committee report, H.Rept. 113-441 was filed on May 7, 2014.
69 These definitions apply to all provisions of the bill pertaining to child victims of sex trafficking.
70 For further information about Title IV-E, see CRS Report R42794, Child Welfare: State Plan Requirements under
the Title IV-E Foster Care, Adoption Assistance, and Kinship Guardianship Assistance Program, by Emilie Stoltzfus.
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S. 1870 and H.R. 4058 would separately add new Title IV-E requirements pertaining to child
victims of sex trafficking. First, the bills would direct state child welfare agencies to identify and
document in agency records each child identified as a victim of sex trafficking who is in foster
care or otherwise under the supervision of the state. Second, S. 1870 and H.R. 4058 would direct
each state child welfare agency to report and regularly update description of the specific measures
it takes to protect and provide services to children who are victims of sex trafficking, including
efforts to coordinate with law enforcement, juvenile justice agencies, and social service agencies,
such as runaway and homeless youth shelters. Third, H.R. 4058 would require state welfare
agencies to “immediately” report71 to law enforcement information on children identified as being
victims of sex trafficking after having received such information.
Data Collection and Reporting
Under the Social Security Act, HHS was required to establish a data collection system that provides
for comprehensive national information with respect to children in foster care and those who are
adopted. In response, HHS developed the Adoption and Foster Care Analysis and Reporting
System (AFCARS). HHS must annually submit to Congress a report on the performance of each
state with regard to achieving specific child welfare outcomes (e.g. ensuring placement stability
for children in foster care, finding children adoptive homes as appropriate) and other information.
This outcome data must be developed, to the maximum extent practicable, from AFCARS. The
annual report is known as Child Welfare Outcomes. Both S. 1870 and H.R. 4058 would seek to
revise the AFCARS data collection and reporting requirements to incorporate information on sex
trafficking, either within the Child Welfare Outcomes report (S. 1870) or in a separate report to
Congress (H.R. 4058).
Recommendations to Congress for Expanding Housing for Youth Victims of
Trafficking
Shelters specifically for child sex trafficking victims/survivors are available on a very limited
basis.72 Other facilities, such as runaway and homeless youth shelters as well as foster care
homes, do not appear to be adequate for meeting the needs of sex trafficking victims or keeping
them secure from pimps/traffickers and other abusers.73 S. 1870 would require that within one
year of enactment, five agencies—the Departments of Defense, HHS, Housing and Urban
Development, Homeland Security, and Justice—submit a report to Congress that contains
recommendations for administrative or legislative changes necessary to use programs, properties,
or other resources owned, operated, or funded by the federal government to provide safe housing
for youth who are victims of trafficking and to provide support to entities that provide housing or
other assistance to such victims.
71 “Immediately” would mean up to 24 hours after receiving a report.
72 ECPAT USA and Shared Hope International, National Colloquium: 2012 Final Report: An Inventory and Evaluation
of the Current Shelter and Service Response to Domestic Minor Sex Trafficking, May 2013.
73 Heather J. Clawson and Lisa Goldblatt Grace, Finding a Path to Recovery: Residential Facilities for Minor Victims
of Domestic Sex Trafficking, U.S. Department of Health and Human Services, Office of the Assistant Secretary for
Planning and Evaluation, September 2007. (Hereinafter, Clawson and Grace, Finding a Path to Recovery: Residential
Facilities for Minor Victims of Domestic Sex Trafficking.)
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Children Missing From Foster Care
Runaways are particularly vulnerable to becoming victims of sex trafficking,74 because they may
be perceived as easy targets for pimps/traffickers since they often cannot go home and have few
resources.75 For example, the Dallas Police Department found a strong correlation between sex
trafficking and runaway status: the more times a child runs away, the greater the likelihood that he
or she will be victimized.76
S. 1870 and H.R. 4058 would amend Title IV-E to require that state child welfare agencies
“immediately” report77 information on missing or abducted children to law enforcement
authorities for entry into the National Crime Information Center (NCIC)78 and to the National
Center for Missing and Exploited Children (NCMEC). H.R. 3530 and S. 1738 would require that
law enforcement agencies notify NCMEC of each report involving a child missing from foster
care.
H.R. 4058 would further amend Title IV-E to require state child welfare agencies to develop and
implement protocols related to children who run away from foster care. The bill specifies certain
conditions that must be addressed including determining what happened to the child while absent
from care, including screening the child to determine whether he or she may be a victim of sex
trafficking.79 The protocols would need to be implemented within one year of the bill’s
enactment. Within two years of the bill’s enactment, HHS would be required to submit a report to
Congress that summarizes information on children who run from care and their risk of becoming
victims of sex trafficking.80
74 A federally funded study found that approximately 1.7 million youth had run away from home or were forced to
leave their homes at some point in 1999. While away from home, an estimated 38,600 (2.2%) of these youth were
sexually assaulted, were in the company of someone known to be sexually abusive, or were engaged in sexual activity
in exchange for money, drugs, food, or shelter. Heather Hammer, David Finkelhor, and Andrea J. Sedlak,
“Runaway/Thrownaway Children: National Estimates and Characteristics,” U.S. Department of Justice, Office of
Juvenile Justice and Delinquency Prevention, Office of Juvenile Justice and Delinquency Prevention, National
Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART) Bulletin, October 2002.
These are the most recent survey data available.
75 For an in-depth discussion of the interaction between missing children and sex trafficking, see the section entitled,
“Sex Trafficking of Children: Vulnerable Populations,” in CRS Report R41878, Sex Trafficking of Children in the
United States: Overview and Issues for Congress, by Kristin Finklea, Adrienne L. Fernandes-Alcantara, and Alison
Siskin.
76 Smith, Vardaman, and Snow, The National Report on Domestic Minor Sex Trafficking: America’s Prostituted
Children, p. 34.
77 “Immediately” would be defined as within 24 hours of receiving the information.
78 NCIC is a computerized index of information on crimes and criminals that is maintained by FBI. The NCIC includes
a missing person file. Law enforcement agencies that receive reports of missing children must include profiles of these
children in the file.
79 Other items included in the protocols are (1) expeditiously locating any child missing from foster care; (2)
determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and
(to extent appropriate and possible) responding to those factors in current and subsequent placements; and (3) reporting
such related information as required by HHS.
80 Such information would be based on data reported by states to HHS via AFCARS and data collected by states on the
protocols for responding to children who run away, including –-characteristics of children who run from foster care,
and trends in the number of children reported as runaways in each fiscal year; state efforts to provide specialized
services and placements to address the needs of these children.
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National Advisory Committee on the Nation’s Response to Domestic Sex
Trafficking of Minors
Although there are several established entities responsible for coordinating and overseeing the
country’s response to human trafficking generally,81 there is not a specific entity statutorily
responsible for coordinating efforts on sex trafficking of minors. S. 1870 would require HHS to
establish the National Advisory Committee on Domestic Sex Trafficking and to appoint all
members of the committee (in consultation with the Attorney General) within 180 days after the
bill’s enactment. The legislation would require the committee to be composed of up to 21
members “whose diverse experience and background enable them to provide balanced points of
view with regard to carrying out the duties of the committee.” The committee would be charged
with
• advising the HHS Secretary and the Attorney General on policies concerning
improvements to the nation’s response to domestic sex trafficking of minors from
the child welfare system;
• advising the HHS Secretary and the Attorney General on policies concerning the
cooperation of several entities—various levels of government, child welfare
agencies, social service providers, state or local courts with oversight of children
and family matters, law enforcement juvenile detention centers, and others—on
responding to domestic sex trafficking of minors; and
• developing recommended best practices for states to follow in combating the
domestic sex trafficking of minors.
Grant Programs for Domestic Minor Victims of Sex Trafficking
One overriding issue concerning minor victims of sex trafficking is the extent to which federal
agencies can and do provide services to U.S. citizen and lawful permanent resident (LPR) minor
sex trafficking victims. P.L. 113-4 created a discretionary new grant program for child sex
trafficking victims.82 The new grant program authorizes DOJ, in consultation with HHS, to award
one-year grants to six grantees to combat sex trafficking of children in the United States. Of the
grant amounts, at least 67% must be allocated to non-governmental organizations (NGOs) to
provide counseling, legal services, shelter, clothing, and other social services to victims, while not
81 The TVPA, as amended and reauthorized, established two interagency entities to facilitate coordination on anti-
trafficking policy across U.S. government offices: the Senior Policy Operating Group (SPOG) and the President’s
Interagency Task Force (PITF). TVPA also mandated the establishment of the Office to Monitor and Combat
Trafficking in Persons at the State Department as a central policy office to coordinate international anti-trafficking
efforts. In addition, the PROTECT Our Children Act of 2008 (S. 1738) directed the Attorney General to create and
implement a National Strategy for Child Exploitation Prevention and Interdiction. In 2010, DOJ appointed a National
Coordinator to oversee implementation of the strategy, who in turn convened the National Strategy Working Group.
The strategy focuses on responding to four types of child sexual exploitation: (1) child pornography, (2) online
enticement of children for sexual purposes, (3) commercial sexual exploitation of children (primarily domestic sex
trafficking), and (4) child sex tourism.
82 This grant program replaced the HHS grant program for states, Indian tribes, units of local government, and
nonprofit, non-governmental victims’ service organizations to provide assistance programs for U.S. citizens or LPR
trafficking victims created in P.L. 109-164 (§202).
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less than 10% has to be allocated to provide services to victims or training for service providers
on sex trafficking of children.83
Juvenile Justice
Under the TVPA, the federal government treats individuals under the age of 18 who are involved
in commercial sexual activity as victims rather than perpetrators, and victims are eligible for
specialized services. The same is not always true at the state level; at times, minors involved in
commercial sexual activity may be labeled as child prostitutes or juvenile delinquents and treated
as criminals rather than being labeled and treated as victims.84
The 2013 TVPA reauthorization (P.L. 113-4) specifies that the model state anti-trafficking laws
created by the Attorney General should include safe harbor provisions that treat an individual
under 18 years of age who has been arrested for prostitution as a victim of a severe form of
trafficking, prohibit the prosecution of such a person, and refer them to the service providers who
provide assistance to victims of commercial sexual exploitation.
In addition, S. 1733 and H.R. 3610 would incentivize states to enact “safe harbor laws” that
would (1) treat each minor involved in commercial sexual activity as a victim of a severe form of
trafficking in persons, (2) discourage the charging and prosecution of these minors for
prostitution or sex trafficking offenses, and (3) encourage the diversion of these minors to child
protection services. The Senate version of this bill would also link states’ compliance with the
proposed safe harbor mandate to the receipt of Edward Byrne Memorial Justice Assistance Grant
(JAG)85 funds; the bills would authorize the Attorney General to withhold a specified proportion
of JAG funding for noncompliance. Instead of linking states’ JAG funds to the adoption of safe
harbor laws, the House version would allow the Department of Justice to give community
policing grants preference to applicants from states that had adopted safe harbor laws.
Other Issues
Inter-agency Coordination/Efficiency
There have been concerns about possible duplication of efforts and a lack of coordination among
the agencies that conduct anti-trafficking activities, and whether the fact that so many agencies
are involved with anti-trafficking policy leads to duplication or funds not being used in the most
efficient manner.86 The TVPA established the Senior Policy Operating Group (SPOG) in part to
83 Funds can also be used for training for law enforcement; investigative and prosecution expenses; case management;
salaries for law enforcement officers and state and local prosecutors; and outreach, education, and treatment programs.
84 See, for example, Smith, Vardaman, and Snow, The National Report on Domestic Minor Sex Trafficking: America’s
Prostituted Children, May 2009.
85 For more information on the Edward Byrne Memorial Justice Assistance Grant Program, see CRS Report RS22416,
Edward Byrne Memorial Justice Assistance Grant (JAG) Program, by Nathan James.
86 At a 2011 hearing on the TVPA reauthorization, the ranking Member of the Senate Judiciary Committee, Senator
Charles Grassley, stated: “[I] feel that the bill ought to be reauthorized. But I make a point of saying that we have a
terrible budget situation and it requires that we take a close look at how some of this money is spent…” U.S. Congress,
Senate Committee on the Judiciary, The Trafficking Victims Protection Reauthorization Act: Renewing the
Commitment to Victims of Human Trafficking, 112th Cong., 1st sess., September 14, 2011
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facilitate coordination on anti-trafficking policy across U.S. government agencies to ensure that
there is not a duplication of efforts.
However, the federal government does not currently have a national strategy broadly directed at
combating human trafficking.87 S. 1733 would direct the Attorney General to implement and
maintain a National Strategy for Combating Human Trafficking. This strategy would be required
to include, among other things, (1) integrated efforts (at the federal, state, local, and tribal levels)
to investigate and prosecute human trafficking; (2) internal Department of Justice case
coordination; (3) federal interagency coordination on the prevention, investigation, and
apprehension of persons who target and exploit others for trafficking; and (4) measurable
objectives and quantifiable goals for combating human trafficking.
In addition, S. 1733 would require the Attorney General, as part of the annual report to Congress
on U.S. government trafficking activities,88 to report the number of human trafficking
investigations opened by FBI, DHS, DOL or the Human Smuggling and Trafficking Center; and
the number of such investigations that were reported to the U.S. attorneys, the DOJ Human
Trafficking and Prosecution Division, or the DOJ Child Exploitation and Obscenity Section.
Sex Offender Registry
The Sex Offender Registration and Notification Act (SORNA)89 provides a set of minimum
standards for sex offender registration and notification in the United States.90 SORNA defines sex
offenders according to three tiers, Tier III being the highest classification and includes those
individuals convicted of the most egregious crimes (predicate offenses for sex offender
registration and notification). The SORNA requirements involve Tier III offenders being subject
to the strictest registration and notification requirements.
Tier I: Predicate offenses include whatever offenses do not support a higher classification,
such as misdemeanor registration offenses and child pornography possession.
Tier II: Predicate offenses include most felonious sexual abuse or sexual exploitation crimes
involving victims who are minors, including distribution and production of child
pornography.
Tier III: Predicate offenses generally encompass sexual assaults involving sexual acts
regardless of victim age, sexual contact offenses against children below the age of 13,
nonparental kidnapping of minors, and attempts or conspiracies to commit such offenses.91
Currently, a Tier II sex offender means, among other things, a sex offender whose offenses are
“comparable to or more severe than” offenses including sex trafficking92 when committed against
87 There is a strategic plan to provide services to victims of human trafficking. See the Federal Strategic Action Plan on
Services for Victims of Human Trafficking in the United States 2013-2017.
88 The report is required under TVPA §105(d)(7).
89 Title I of the Adam Walsh Child Protection and Safety Act of 2006; P.L. 109-248.
90 For more information about SORNA and how these standards are administered by the federal government, see the
website of the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART
Office), at http://www.smart.gov/.
91 More information on the tiering system can be found at http://www.smart.gov/faqs/faq_subimplementation.htm#4.
92 As defined under 18 U.S.C. §1591.
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Domestic Human Trafficking Legislation in the 113th Congress
a minor.93 S. 1733 would, among other things, amend SORNA so that a Tier II sex offender no
longer includes sex trafficking, and would instead amend the definition of a Tier III sex offender
to mean, among other things, a sex offender whose offenses are “comparable to or more severe
than” offenses including sex trafficking when committed against a minor, or an attempt or
conspiracy to commit such an offense against a minor.
In addition, H.R. 4573, as reported,94 would direct the Secretary of DHS to establish a center in
ICE, to be known as the “Angel Watch Center.” The Angel Watch Center would receive
information on travel by child-sex offenders,95 and would establish procedures for notifying or
making the decision not to notify a destination country of current or impending travel by a child-
sex offender.96 H.R. 4573 would also express a sense of Congress that the President should
negotiate bilateral agreements with foreign governments to transmit and receive information on
international travel by child-sex offenders, including U.S. citizens who are arrested or convicted
for child-sex offenses in a foreign country.
93 Tier II offenses include sex trafficking or an attempt or conspiracy to commit such an offense against a minor.
94 Rep. Smith offered an amendment in the nature of a substitute during mark-up.
95 Child-sex offenders would be those who were convicted of certain child-sex offenses in the United States.
96 If the center has reason to believe that transmission of the notice poses a risk to the life or well-being of the child-sex
offender, the center would be required to make every reasonable effort to issue a warning to the child-sex offender. In
addition, if the center has reason to believe that the destination country is highly likely to deny entry to the child-sex
offender, the center would be required to make a reasonable effort to notify the offender.
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Appendix. Table of Pending Bills that Have
Received Congressional Action or Are of Significant
Congressional Interest
Table A-1. Active Legislation in the 113th Congress that Addresses Human Trafficking
Bill/Law
Number
and
Companion
Sponsor(s)
Bill
Brief Overview of the Bill
Latest Action
H.R. 3344,
S. 744,
Would make changes to how foreign labor contractors operate.
Referred to
Rep. Royce
(Subtitle F) as
Would require the disclosure of specified information from
Committee
passed by the
persons engaged in foreign labor contracting activities. Would
Senate
prohibit foreign labor contractors and employers that engage in
foreign labor contracting activity from knowingly providing false or
misleading information to recruited workers. Would prohibit an
employer or foreign labor contractor from refusing to hire,
discharging, or otherwise discriminating against an individual
because of the individual’s race, color, creed, sex, national origin,
religion, age, or disability. Would prohibit an employer, foreign
labor contractor, or agent or employee of such a contractor from
assessing any fee to a worker for any foreign labor contracting
activity. Would require a foreign labor contractor or any person
who performs a foreign labor contracting activity on behalf of such
a contractor for money or other valuable consideration to obtain a
certificate of registration from the Secretary of Labor. Would
require the Secretary to establish a process for the receipt,
investigation, and disposition of complaints filed with respect to a
foreign labor contractor’s compliance and would establish fines for
violations of these provisions.
H.R. 3530,
S. 1738,
Both bills would authorize the Attorney General to “make block
Placed on the House
Rep. Poe
Senator
grants to an eligible entity” to develop, improve, or expand
calendar on May 15,
Cornyn
domestic child human trafficking deterrence programs. They would
2014, H.Rept. 113-
also enable the Department of Justice (DOJ) to make grants under
450.
Subtitle A of the Victims of Child Abuse Act for the development
and implementation of specialized programs to identify and provide
direct services to victims of child pornography.
To expand services for trafficking victims, S. 1738 would require
the courts to impose an assessment on persons convicted of
certain criminal offenses. These assessments would go into a new
“Domestic Trafficking Fund.” H.R. 3530 would increase the cap on
the Crime Victims Fund over several years.
S. 1738 would require the Secretary of HHS and the Attorney to
establish a program to assist U.S. citizen trafficking victims. Would
increase restitution for human trafficking victims. S. 1738 would set
forth provisions prohibiting “aggravated human trafficking
racketeering, and would expand prosecutors’ abilities to obtain
wiretap warrants. S. 1738 would enhance penalties for certain
crimes and revise the statutes related to travel for purposes of
engaging in illicit sexual conduct and sex trafficking of children.
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Domestic Human Trafficking Legislation in the 113th Congress
Bill/Law
Number
and
Companion
Sponsor(s)
Bill
Brief Overview of the Bill
Latest Action
H.R. 3610,
S. 1733,
Both bills would incentivize states to enact safe harbor legislation,
Placed on the House
Reps. Paulson
Senator
and create a system to assist victims in communicating with service
calendar on May 13,
and Moore
Klobuchar
providers. H.R. 3610 and S. 1733 would specify that victims of
2014, H.Rept. 113-
severe forms of TIP are eligible for the Job Corps Program. H.R.
447, Part I.
3610 would require a report on restitution amounts.
S. 1733 would require implementation of a national anti-TIP
strategy, and the col ection of new statistics on victims. S. 1733
would amend “tier III” definition on sex offender registry to include
including sex trafficking when committed against a minor, or an
attempt or conspiracy to commit such an offense against a minor.
H.R. 4058,
Would require state child welfare agencies to develop and
Placed on the House
Rep. Reichert
implement policies and procedures to identify, screen, and
calendar on May 7,
determine appropriate state actions and services for children
2014, H.Rept. 113-
believed to be a victim of sex trafficking or at risk of being a sex
441.
trafficking victim, and who have come into certain contact with the
child welfare agency. A state could choose to apply these policies
to any youth up to age 26, regardless of whether they are or were
in foster care. In addition, state child welfare agencies would be
required to document in agency records children who are victims;
regularly update a description of services provided to child
trafficking victims, including coordinating with other agencies to
serve this population; and report to law enforcement information
about victims. It would require data col ection to include state
reporting of the number of victims of sex trafficking before they
entered foster care and while in foster care.
H.R. 4225,
Would provide penalties for knowingly advertising or knowingly
Placed on the House
Rep. Wagner
selling advertising for certain commercial sex acts.
calendar on May 15,
2014, H.Rept. 113-
451.
H.R. 4573,
Would create a new Center in DHS that would receive
Ordered reported
Rep. Smith
information on travel by child-sex offenders, and, if appropriate,
by the House
notify a foreign country of travel to that country by a child-sex
Foreign Affairs
offender.
Committee on May
9, 2014.
S. 744
Would transfer, from HHS to DOJ, the responsibility for ensuring,
Passed by the
to the greatest extent possible, that unaccompanied alien children
Senate on June 27,
in DHS custody have counsel to represent them and access to child 2013.
advocates. Would require the Secretary of DHS to create
mandatory training for certain DHS and other personnel who
come in contact with unaccompanied alien children (UAC). Would
direct HHS to hire child welfare professionals to provide assistance
in Customs and Border Protection (CBP) stations with the largest
number of UAC.
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Domestic Human Trafficking Legislation in the 113th Congress
Bill/Law
Number
and
Companion
Sponsor(s)
Bill
Brief Overview of the Bill
Latest Action
S. 1870
None
Would require state child welfare agencies to develop and
Reported by the
Senator
implement policies and procedures to identify, screen, and
Senate Finance
Baucus
determine appropriate state actions and services for any child
Committee on
believed to be a victim of sex trafficking or at risk of being a sex
December 19, 2013.
trafficking victim. The policies and procedures must apply to any
child (individuals up to age 18) regardless of their current or past
foster care status and any youth in foster care up to age 19, 20, or
21 (if the state elects to provide Title IV-E foster care up to that
age). A state could choose to apply these policies to any youth,
regardless of past or current foster care status, up to 26 years of
age. State child welfare agencies would be required to document in
agency records children who are trafficking victims; regularly
update a plan for providing these children with services, including
coordinating with other agencies to serve this population; and
report to law enforcement information about victims. It would
require HHS to direct states to report the number of children in
their care who are identified as victims of sex trafficking.
Would require five agencies—Departments of Defense, HHS,
Housing and Urban Development, Homeland Security, and
Justice—to submit a report to Congress that contains
recommendations about providing safe housing for youth who are
victims of trafficking and to provide support to entities that provide
housing or other assistance to such victims. In addition, it would
direct HHS to establish the National Advisory Committee on
Domestic Sex Trafficking to advise the HHS Secretary and the
Attorney General on policies concerning improvements to the
nation’s response to domestic sex trafficking of minors from the
child welfare system and the commercial sexual exploitation of
children.
Source: Congressional Research Service
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Author Contact Information
Alison Siskin, Coordinator
Kristin Finklea
Specialist in Immigration Policy
Specialist in Domestic Security
asiskin@crs.loc.gov, 7-0260
kfinklea@crs.loc.gov, 7-6259
Adrienne L. Fernandes-Alcantara
Specialist in Social Policy
afernandes@crs.loc.gov, 7-9005
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