Updated January 7, 2019
Human Trafficking and Foreign Policy: An Introduction
What is human trafficking?
In addition to funding for anti-trafficking programs through
Human trafficking (also known as trafficking in persons)
regular appropriations, Congress has shaped U.S. policy to
refers to the subjection of men, women, or children to
combat international human trafficking, including through
exploitative conditions that may be tantamount to modern-
provisions that predate the TVPA. In chronological order,
day slavery. From a foreign policy perspective, human
key statutes include the following:
trafficking can be viewed as a human rights problem, a
manifestation of transnational organized crime, and a
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307),
violation of core international labor standards. Human
which prohibits the importation of foreign goods made
trafficking also raises economic development, international
wholly or in part by convict, forced labor, and/or
migration, and global governance and security issues, and
indentured labor.
disproportionately victimizes vulnerable populations.
Section 504 of the Trade Act of 1974 (19 U.S.C. 2464),
as amended by the Trade and Development Act of 2000
The Trafficking Victims Protection Act of 2000 (TVPA,
(P.L. 106-200), which requires an annual report by the
Division A of P.L. 106-386; 22 U.S.C. 7101 et seq.) defined
“
Labor Department on the worst forms of child labor.
severe forms of trafficking in persons” to include sex
trafficking induced by force, fraud, or coercion, child sex
CSPA of 2008, which prohibits certain categories of
trafficking (under 18 years of age), and forced labor
U.S. security assistance to be furnished to countries
trafficking. The latter involves the recruitment, harboring,
involved in the recruitment and use of child soldiers.
transportation, provision, or obtaining of a person—induced
Title XVII of the National Defense Authorization Act,
by force, fraud, or coercion—for the purpose of subjecting
Fiscal Year 2013 (NDAA; P.L. 112-239), which
that person, including a child, to involuntary servitude,
expands provisions in the TVPA to prevent trafficking
peonage, debt bondage, or slavery.
in federal procurement, including by military contractors
The recruitment and use of a “child soldier,”
engaged in overseas contingency operations.
defined in the
Child Soldiers Prevention Act of 2008 (CSPA, Title IV of
Section 106 of the Bipartisan Congressional Trade
the William Wilberforce Trafficking Victims Protection
Priorities and Accountability Act of 2015 (Title I of P.L.
Reauthorization Act of 2008; 22 U.S.C. 2370c et seq.), is
114-26; 19 U.S.C. 4205), which limits the use of trade
also a form of human trafficking.
authorities procedures for negotiating agreements with
the worst-ranked countries in the TIP Report.
How has Congress responded?
International Megan’s Law to Prevent Child
Congress has long been engaged on trafficking-related
Exploitation and Other Sexual Crimes Through
issues. For nearly two decades, the cornerstone legislative
Advanced Notification of Traveling Sex Offenders (P.L.
vehicle to address international human trafficking has been
114-119), which seeks to prevent child sexual
the TVPA, as amended and reauthorized in 2003 (P.L. 108-
exploitation abroad by outbound U.S. sex offenders.
193), 2005 (P.L. 109-164), 2008 (P.L. 110-457), and 2013
(P.L. 113-4). Most recently, the 115th Congress passed the
Sections 910 and 914 of the Trade Facilitation and
Frederick Douglass Trafficking Victims Prevention and
Trade Enforcement Act of 2015 (P.L. 114-125), which
Protection Reauthorization Act of 2018 (H.R. 2200).
eliminated the so-called “consumptive demand
exception” to Section 307 of the Tariff Act of 1930 and
Among other key provisions, the TVPA established a
amended the trafficking provision in Bipartisan
ranking system for measuring government efforts to
Congressional Trade Priorities and Accountability Act
eliminate human trafficking—and prohibits certain types of
of 2015, discussed above.
U.S. foreign assistance to the worst-ranked countries. The
Section 1298 of the FY2017 NDAA (P.L. 114-328; 22
TVPA also defines the role and mandate of the Secretary of
U.S.C. 7114), which authorized a new international
State to combat human trafficking and requires the State
Department to annually publish reports on “trafficking in
public-private partnership to address “modern slavery.”
persons” (known as the TIP Report), discussed below.
Section 321 of the Countering America’s Adversaries
Through Sanctions Act (CAATSA, P.L. 115-44), which
Both U.S. policy, including the TVPA, and international
amends the North Korea Sanctions and Policy
law (e.g., the U.N. Protocol to Prevent, Suppress and
Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) to
Punish Trafficking in Persons, Especially Women and
require the President to apply sanctions on foreign
Children) view anti-trafficking responses as encompassing
persons employing North Korean labor and to require
efforts to protect victims, prosecute traffickers, and prevent
the application of Section 307 of the Tariff Act of 1930,
opportunities for traffickers to exploit (known as the 3Ps).
discussed above, with respect to certain items mined,
produced, or manufactured by North Korean labor.
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Human Trafficking and Foreign Policy: An Introduction
What is the State Department’s role?
The Program to End Modern Slavery (PEMS), which
The State Department leads federal efforts to combat
launched in October 2017 with an initial $25 million
human trafficking. The Secretary of State chairs the
investment, leveraged over time with other donor
President’s Interagency Task Force (PITF) on Trafficking
resources, to support multiyear projects to reduce the
in Persons, held most recently in October 2018. The
prevalence of modern slavery.
Director of the Office to Monitor and Combat Trafficking
Child Protection Compact (CPC) Partnerships with
in Persons (J/TIP) chairs the Senior Policy Operating Group
Ghana, the Philippines, Peru, and Jamaica. CPCs are
(SPOG), a working-level interagency entity to coordinate
negotiated bilateral partnerships to combat child
federal responses. J/TIP also administers several
trafficking for up to five years; up to $5 million may be
international anti-trafficking grant programs, along with
awarded in support of each CPC.
preparing, with department-wide input, the TIP Report.
What is the TIP Report?
How much funding is available?
The Consolidated Appropriations Act, 2018 (P.L. 115-141),
Due in June each year, the TVPA requires State to prepare a
provided not less than $78.8 million in State Department
report for Congress describing the anti-trafficking efforts of
and foreign aid efforts to combat human trafficking. This
the United States and foreign governments.
amount included $13.8 million to support J/TIP personnel
How are countries ranked?
and administrative costs with Diplomatic and Consular
Programs (D&CP) funds. Also included was $65 million in
Countries ranked in the TIP Report fall into one of four
foreign aid for anti-trafficking programs—including not
possible tiers or categories: Tier 1 (best), Tier 2, Tier 2
less than $40 million out of the International Narcotics
Watch List, and Tier 3 (worst). Only Tier 1 countries
Control and Law Enforcement (INCLE) account. Of this,
comply with the TVPA’s minimum standards for
$6 million was directed to be made available for DNA
eliminating trafficking, while the rest are noncompliant and
forensic technology programs to combat human trafficking
vary in terms of the level of effort to improve.
in Central America and Mexico. The joint explanatory
What are the minimum standards?
statement accompanying FY2018 appropriations also
To be eligible for a Tier 1 ranking, the TVPA establishes
specified up to $5 million to support CPCs, $2 million for
that governments should prohibit severe forms of
“West Africa anti-slavery programs,” and an additional $25
trafficking in persons, punish acts of such trafficking
million in INCLE funds (separate from the $40 million
commensurate with the gravity and heinous nature of the
listed above) for PEMS.
crime, and be making “serious and sustained efforts” to
eliminate the problem. The TVPA further identifies criteria
What changes to the TVPA were made
for what constitutes serious and sustained effort.
by the latest reauthorization?
What is at stake in the rankings?
The Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act of 2018 authorized
The TVPA establishes restrictions on certain types of U.S.
appropriations for international anti-trafficking
foreign aid (nonhumanitarian, nontrade-related) to Tier 3
programming through FY2021, including $13.8 million in
countries, although the President is authorized to waive, in
D&CP funds for J/TIP and $65 million to State for bilateral
part or in full, such aid restrictions. Each year, these
anti-trafficking assistance. Among other provisions, the act
decisions are issued in a presidential determination that is
made several changes to the TIP Report’s country ranking
published in the Federal Register.
system and expanded the CSPA’s reach to include the
How are child soldiers addressed?
recruitment or use of children in nonmilitary security
Pursuant to the CSPA, TIP Reports since 2010 have
forces, including police.
included a list of countries that recruit or use child soldiers
in their armed forces, or that harbor government-supported
What are the current policy issues?
armed forces that recruit or use child soldiers. Listed
Human trafficking is a generations-old problem that
countries are subject to security assistance restrictions,
continues to challenge policymakers for solutions. Basic
unless the President determines that waivers are necessary.
questions remain, such as how to measure the scope of the
problem or foster effective anti-trafficking policies in other
What international grant programs
countries. Some also question aspects of U.S. policy,
address trafficking?
including the TIP Report’s tier ranking system and the
Between 2001 and 2018, J/TIP has reportedly managed
effectiveness of related foreign aid. Key issues also include
more than $300 million in foreign aid for anti-trafficking
how to eliminate trafficking in global supply chains; how to
programming implemented by a range of U.S. and foreign
protect vulnerable populations, particularly those in conflict
nongovernmental, for-profit, and international
zones and women and children; and how to reduce demand
organizations, including academic institutions. Such
for the services provided by and products generated from
programming has included the following:
human exploitation.
Bilateral and regional multiyear projects to address
Liana W. Rosen, Specialist in International Crime and
the 3Ps of anti-trafficking in priority countries. As of
Narcotics
December 1, 2018, J/TIP reports that it has managed 86
Michael A. Weber, Analyst in Foreign Affairs
such programs in more than 76 countries, worth a total
of more than $125 million.
IF10587
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Human Trafficking and Foreign Policy: An Introduction
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