The landmark Trafficking Victims Protection Act of 2000 laid the groundwork for the federal response to human trafficking. In the years since, Congress has built on this foundation, honing and expanding the U.S. strategy to combat sex trafficking and labor trafficking through a holistic, multi-agency approach.
The Trafficking Victims Protection Act
The Trafficking Victims Protection Act (TVPA), first enacted in 2000, is the national framework for the federal response to human trafficking. The law has been reauthorized and updated, five times, most recently in January 2019 with strong bipartisan support. In FY19, Congress appropriated $250 million toward these efforts. The TVPA is based on a three-pronged “3P” approach to fighting sex trafficking and labor trafficking – prevention, prosecution, protection.
Federal Anti-Trafficking Agencies
Responsibility for human trafficking is spread across federal agencies. For example, the U.S. Department of Homeland Security (DHS) investigates the bulk of sex and labor trafficking cases involving foreign nationals, while the FBI takes the lead on investigating domestic minor sex trafficking cases through their Innocence Lost Initiative. The Justice Department leads federal prosecutions and funds state and local law enforcement agencies to form human trafficking task forces. Social services, awareness-raising, and prevention activities are also funded by U.S. Department of Health and Human Services (HHS). HHS also funds the U.S. National Human Trafficking Hotline.
Doing Business with the Federal Government
Rules governing how the federal government spends money allow prohibit contracting with anyone engaged in human trafficking. The rules also require that anyone with a federal contract for more than $500,000 of goods or services have a plan in place to prevent trafficking. Federal contractors also have to certify that to the best of their knowledge their supply chain had not engaged in any trafficking-related activities. FAR 22.1704 provides the United States Government’s recourse in the event of a violation. FAR 52.222-50 outlines the United States Government’s zero-tolerance policy with regard to trafficking in persons.
Supply Chain Protections
Several federal laws are designed to reduce the profit motive for labor trafficking by barring import of goods made with trafficked labor. Customs and Facilitations and Trade Enforcement Act amended the prohibition on importing goods made with trafficked labor. Tariff Act of 1930 prohibits importing goods made with forced or indentured labor.