Updated November 4, 2022
Human Trafficking and U.S. Foreign Policy: An Introduction
What is human trafficking?
trafficking through a range of legislative provisions focused
Human trafficking (also known as trafficking in persons)
on discrete aspects of this issue. In chronological order,
refers to the subjection of men, women, or children to
selected key statutes include the following:
exploitative conditions that may be tantamount to modern-
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307),
day slavery. From a foreign policy perspective, human
which prohibits the importation of foreign goods made
trafficking can be viewed as a human rights problem, a
wholly or in part by forced labor.
manifestation of transnational organized crime, and a
violation of core international labor standards. Human
Section 504 of the Trade Act of 1974 (19 U.S.C. 2464),
trafficking also raises economic development, international
as amended by the Trade and Development Act of 2000
migration, and global governance and security issues, and
(P.L. 106-200), which requires an annual report by the
disproportionately victimizes vulnerable populations.
Labor Department on the worst forms of child labor.
Title XVII of the National Defense Authorization Act,
The Trafficking Victims Protection Act of 2000 (TVPA,
Fiscal Year 2013 (NDAA; P.L. 112-239), which
Division A of P.L. 106-386; 22 U.S.C. 7101 et seq.) defined
“
expands provisions in the TVPA to prevent trafficking
severe forms of trafficking in persons” to include sex
in federal procurement, including by military contractors
trafficking induced by force, fraud, or coercion; child sex
engaged in overseas contingency operations. (The End
trafficking (under 18 years of age); or forced labor
Human Trafficking in Government Contracts Act of
trafficking. The latter involves the recruitment, harboring,
2022 [P.L. 117-211] further amends these provisions.)
transportation, provision, or obtaining of a person—induced
by force, fraud, or coercion—for the purpose of subjecting
International Megan’s Law to Prevent Child
that person, adult or child, to involuntary servitude,
Exploitation and Other Sexual Crimes Through
peonage, debt bondage, or slavery. The recruitment or use
Advanced Notification of Traveling Sex Offenders (P.L.
of child soldiers, as defined in the Child Soldiers Prevention
114-119), which seeks to prevent child sexual
Act of 2008 (CSPA, Title IV of P.L. 110-457; 22 U.S.C.
exploitation abroad by outbound U.S. sex offenders.
2370c et seq.), is also a form of human trafficking. (For
Section 910 of the Trade Facilitation and Trade
information on the CSPA and how U.S. policy addresses
Enforcement Act of 2015 (P.L. 114-125), which
child soldiers, see CRS In Focus IF10901, Child Soldiers
eliminated the so-called “consumptive demand
Prevention Act: Security Assistance Restrictions.)
exception” to Section 307 of the Tariff Act.
How has Congress responded?
Section 321 of the Countering America’s Adversaries
For nearly two decades, the cornerstone legislative vehicle
Through Sanctions Act (CAATSA, P.L. 115-44), which
to address international human trafficking has been the
amended the North Korea Sanctions and Policy
TVPA, as reauthorized and/or amended most notably in
Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) to
2003 (P.L. 108-193), 2005 (P.L. 109-164), 2008 (P.L. 110-
require sanctions on foreign persons employing North
457), 2013 (P.L. 113-4), and 2019 (P.L. 115-425; P.L. 115-
Korean labor and to create a rebuttable presumption that
427).
goods mined, produced, or manufactured by North
Korean labor are prohibited from importation pursuant
The TVPA established numerous key elements of the U.S.
to Section 307 of the Tariff Act.
foreign policy response to human trafficking, including the
State Department’s Office to Combat and Monitor
Provisions in the NDAA for 2020 (P.L. 116-92) to
combat human trafficking in seafood supply chains
Trafficking in Persons (TIP Office), interagency entities to
(§§3561-3563) and human trafficking-related illicit
coordinate anti-trafficking policies across U.S. agencies,
financing (§§7151-7155).
authorities to provide anti-trafficking foreign aid, and the
requirement for the State Department to annually publish
The Uyghur Forced Labor Prevention Act (P.L. 117-78),
reports on trafficking in persons (known as the TIP Report).
which among other provisions creates a rebuttable
presumption that goods mined, produced, or
Both U.S. policy, through the TVPA, and international law
manufactured in China’s Xinjiang region, or by certain
(e.g., the U.N. Protocol to Prevent, Suppress and Punish
Xinjiang-related entities, are prohibited from
Trafficking in Persons, Especially Women and Children),
importation pursuant to Section 307 of the Tariff Act.
view anti-trafficking responses as encompassing efforts to
protect victims, prosecute traffickers, and prevent
What is the State Department’s role?
opportunities for traffickers to exploit (known as the 3Ps).
The State Department leads federal efforts to combat
In addition to the TVPA and funding anti-trafficking
human trafficking. The Secretary of State chairs the
programs through regular appropriations, Congress has
President’s Interagency Task Force (PITF) to Monitor and
shaped U.S. policy to combat international human
Combat Trafficking in Persons, which met most recently in
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link to page 2 link to page 2 link to page 2 Human Trafficking and U.S. Foreign Policy: An Introduction
January 2022. The Director of the TIP Office chairs the
managing 116 anti-trafficking projects in over 95 countries,
Senior Policy Operating Group (SPOG), a working-level
totaling more than $225 million. These projects can be
interagency entity to coordinate federal responses. The TIP
implemented by U.S. and foreign nonprofits, educational
Office also administers international anti-trafficking grant
institutions, public international organizations, and for-
programs and prepares the annual TIP Report.
profit organizations. Such programming has included the
following:
What is the TIP Report?
Bilateral and regional projects to address one or more
The TVPA requires State to prepare a report, due June 30
of the 3Ps of anti-trafficking in priority countries, as
each year, describing and ranking the anti-trafficking efforts
guided in part by TIP Report findings. Activities may
of the United States and foreign governments.
focus, for example, on improving victim services or
How are countries ranked?
building justice system capacity to prosecute cases.
Countries fall into one of four possible tiers or categories:
The Program to End Modern Slavery (PEMS), which
Tier 1 (best), Tier 2, Tier 2 Watch List, and Tier 3 (worst).
combines prevalence research methods with targeted
Only Tier 1 countries comply with the TVPA’s minimum
programming toward the goal of showing measurable
standards for eliminating trafficking, while the rest are
reductions in human trafficking from specific
noncompliant and vary in terms of their level of effort.
interventions. PEMS launched in 2017 and has
supported $150 million in programming to date.
What are the minimum standards?
Other global research or training/assistance projects
To be eligible for a Tier 1 ranking, the TVPA establishes
(e.g., for emergency assistance to victims or short-term
that governments should prohibit severe forms of
assistance to governments).
trafficking in persons, punish acts of such trafficking
commensurate with the gravity and heinous nature of the
Child Protection Compact (CPC) Partnerships with
crime, and be making “serious and sustained efforts” to
Colombia, Ghana, Jamaica, Mongolia, Peru, and the
eliminate the problem. The TVPA further identifies criteria
Philippines. CPCs are negotiated bilateral partnerships
for what constitutes serious and sustained effort; Congress
to combat child trafficking.
has modified and expanded these criteria over time.
How much funding has Congress
What is at stake in the rankings?
appropriated?
As a general matter, foreign governments may wish to
The Consolidated Appropriations Act, 2022 (P.L. 117-103),
avoid being publicly identified by the United States as
provided not less than $123.4 million in State Department
failing to take adequate steps to combat human trafficking.
and foreign aid efforts to combat human trafficking. This
Additionally, for Tier 3 countries, the TVPA establishes
amount included $17 million to support TIP Office
restrictions on certain types of U.S. foreign aid
personnel and administrative costs with Diplomatic
(nonhumanitarian, nontrade-related) and other assistance,
Programs (DP) funds. Also included was $106.4 million in
although the President is authorized to waive, in part or in
foreign aid for anti-trafficking programs—including not
full, such restrictions. Each year, these decisions are issued
less than $77 million out of the International Narcotics
in a presidential determination (see Table 1).
Control and Law Enforcement (INCLE) account; the act
specified that relevant projects should be programmed
Table 1. Tier 3 Countries (2022 TIP Report)
consistent with the country-specific recommendations in the
Aid
TIP Report and be coordinated with the TIP Office. Of this,
Restricted
Partial Waiver
Full Waiver
$10 million in INCLE was directed to be made available for
Burma, China,
Afghanistan, Belarus,
Brunei, Cambodia,
DNA forensic technology programs to combat human
Cuba, Iran,
Curacao,a Eritrea,
Malaysia,
trafficking in Central America and Mexico. The
Nicaragua,
Guinea-Bissau, Macau
Turkmenistan,
accompanying joint explanatory statement further directed
North Korea,
(China), Russia, South
Venezuela, Vietnam
$10 million in INCLE to support CPCs, as well as $2
Syria
Sudan, St. Maartena
million from the Economic Support Fund (ESF) account for
“West Africa anti
Source: 87 Federal Register 64361.
-slavery programs.”
a. The 2022 TIP Report states that these “semi-autonomous”
When was the TVPA last reauthorized?
entities within the Kingdom of the Netherlands are not
P.L. 115-425, enacted in January 2019, in part authorized
considered “countries” for purposes of the report, and the
annual appropriations for international anti-trafficking
presidential determination does not describe the aid restrictions
activities through FY2021, including $13.8 million in funds
to them as being required by the TVPA
for the TIP Office and $65 million to State for anti-
What international grant programs
trafficking assistance. Pending legislation in the 117th
address human trafficking?
Congress would amend and reauthorize the TVPA,
including S. 4171 and the House-passed H.R. 6552, both of
The U.S. government funds a range of anti-trafficking
which would authorize appropriations through FY2026.
projects. The TIP Office oversees a substantial portion of
these, although other State offices and U.S. agencies—
including the U.S. Agency for International Development—
Michael A. Weber, Analyst in Foreign Affairs
may also oversee relevant projects. According to the State
IF10587
Department, as of August 1, 2022, the TIP Office was
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Human Trafficking and U.S. Foreign Policy: An Introduction
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