Reauthorizing the Trafficking Victims Protection Act of 2005 - HR 972

Sixty-nine members of the House of Representative have signed on as co-sponsors of HR 972 as introduced by Rep. Christopher Smith (R-NJ). In the findings section of this bi-partisan measure, Rep. Smith gives the following rationale for this introduction as well as recommendations:

The United States has demonstrated international leadership in combating human trafficking and slavery through the enactment of the Trafficking Victims Protection Act of 2000 (now Public Law 106-386) and the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193). The United States government currently estimates that 600,000 to 800,000 individuals are trafficked across international borders each year and exploited through forced labor and commercial sex exploitation. An estimated 80 percent of such individuals are women and girls. Since the enactment of the Trafficking Victims Protection Act of 2000, United States efforts to combat trafficking in persons have focused primarily on the international trafficking in persons, including the trafficking of foreign citizens into the United States.

Trafficking in persons also occurs within the borders of a country, including the United States. An estimated 100,000 to 300,000 U.S. children are at risk for commercial sexual exploitation within the U.S., including trafficking, at any given time. Runaway and homeless children are highly susceptible to being domestically trafficked for commercial sexual exploitation. Every day, between 1,300,000 and 2,800,000 runaway and homeless youth live on U.S. streets. One out of every seven children will run away from home before the age of 18.
A comprehensive strategy is needed to prevent the victimization of United States citizens and nationals through domestic trafficking. A project by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Southeast Asia has documented a linkage between the spread of HIV/AIDS and trafficking in women and girls. Scant other research or statistical data exists regarding the interconnection between trafficking in persons and HIV/AIDS. Further research is needed to determine the extent to which trafficking in persons contributes to the spread of HIV/AIDS and to identify strategies to combat this linkage.

War, Emergencies and Trafficking

Following armed conflicts and during humanitarian emergencies, indigenous populations face increased security challenges and vulnerabilities which result in myriad forms of violence, including trafficking for sexual and labor exploitation. Foreign policy and foreign aid professionals increasingly recognize the increased activity of human traffickers in post-conflict settings and during humanitarian emergencies. There is a need to protect populations in post-conflict settings and humanitarian emergencies from being trafficked for sexual or labor exploitation. The efforts of aid agencies to address the protection needs of, among others, internally displaced persons and refugees are useful in this regard. Nonetheless, there remains a lack of institutionalized programs and strategies at the U.S. Agency for International Development, the Department of State, and the Department of Defense to combat human trafficking, including through protection and prevention methodologies, in post-conflict environments and during humanitarian crises.

If passed, Title 1 of this bill would specifically address the prevention of Trafficking in Conjunction With Post-Conflict and Humanitarian Emergency Assistance. The U.S. Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafficking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities.

International and human rights organizations have documented a correlation between international deployments of military and civilian peacekeepers and aid workers and a resulting increase in the number of women and girls trafficked into prostitution in post-conflict regions. When and if there is the involvement of employees and contractors of the U.S. government and members of the Armed Forces in trafficking in persons, facilitating the trafficking in persons, or exploiting the victims of trafficking in persons it is inconsistent with U.S. laws and policies and undermines the credibility and mission of U.S. government programs in post-conflict regions. Further measures are needed to ensure that U.S. government personnel and contractors are held accountable for involvement with acts of trafficking in persons, including by expanding U.S. criminal jurisdiction to all U.S. government contractors abroad.

The Secretary of State and the Administrator of the U.S. Agency for International Development, in consultation with the Secretary of Defense, shall conduct a study regarding the threat and practice of trafficking in persons generated by post-conflict and humanitarian emergencies in foreign countries.

They shall examine:

1. the vulnerabilities to human trafficking of commonly affected populations, particularly women and children, generated by post-conflict and humanitarian emergencies;
2. the various forms of trafficking in persons, both internal and trans-border, including both sexual and labor exploitation;
3. a collection of best practices implemented to date to combat human trafficking in such areas; and
4. proposed recommendations to better combat trafficking in persons in conjunction with post-conflict reconstruction and humanitarian emergencies assistance.

This report and its results shall be submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate with specific recommendations to combat trafficking in persons by departments and agencies of the U.S. government that are responsible for post-conflict and humanitarian emergency strategy and assistance programs, including the Office of Transition Initiatives and the Office of Foreign Disaster Assistance of the U.S. Agency for International Development, the Office of the Coordinator for Reconstruction and Stabilization and the Bureau of Population, Refugees, and Migration of the Department of State, and relevant Department of Defense entities that are carrying out or assisting in the conduct of such programs. Implementation, to the maximum extent practicable and in consultation with the congressional committees specified above, the Administrator of the U.S. Agency for International Development, the Secretary of State, the Secretary of Defense, and the heads of other relevant departments and agencies of the U.S. government shall take such actions as are necessary to implement the recommendations contained in the report.

Convicted in Foreign Court

Communities in the United States are not fully informed about sex offenders who are residing or working within those communities because offenders who are convicted in a foreign court of a sexually violent offense, or a criminal offense against a child victim, are not currently encompassed by the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program carried out under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 as amended by Megan's Law (Public Law 104-145). HR 972, calls for the extension of Sexually Violent Offender Registration Program to Foreign Offenses. It also calls for an amendment to the Violent Crime Control and Law Enforcement Act of 1994, by inserting the phrase 'convicted of a foreign offense,'.

Protection of Victims

Access to Information of the Trafficking Victims Protection Act of 2000 is amended by adding , 'victims of severe forms of trafficking shall have access to information about federally funded or administered anti-trafficking programs that provide services to victims of severe forms of trafficking .' To protect children, the bill calls for the establishment of Guardian Ad Litem Program- Section 462(b) of the Homeland Security Act of 2002. In general, if the Director of the Office of Refugee Resettlement has reason to believe that an unaccompanied alien child is a victim of a severe form of trafficking in persons under the Trafficking Victims Protection Act of 2000, the Director may appoint a guardian ad litem for the child. The Director is encouraged, wherever practicable, to arrange with a nongovernmental organization for the selection of an individual to be appointed as a guardian ad litem.

The bill's proponents write that:

No person shall serve as a guardian ad litem unless the person is a child welfare professional or other individual who has received training in child welfare matters; and has received training on the nature of problems encountered by victims of trafficking. The guardian ad litem shall take such steps as may be necessary to investigate and report to the Director of the Office of Refugee Resettlement as to whether an unaccompanied alien child is a victim of trafficking. The guardian ad litem shall conduct interviews with the child in a manner that is appropriate, taking into account the child's age; investigate the facts and circumstances relevant to such child's presence in the U.S., including facts and circumstances arising in the country of the child's nationality or last habitual residence and facts and circumstances arising subsequent to the child's departure from such country. The ad litem shall work with counsel, if the child is represented by counsel, to identify the child's eligibility for relief from removal or voluntary departure by sharing with counsel collected information; develop recommendations on issues relative to the child's custody, detention, release, and repatriation; take reasonable steps to ensure that the best interests of the child are promoted while the child participates in, or is subject to, proceedings or matters under the Immigration and Nationality Act, and take reasonable steps to ensure that the child understands the nature of the legal proceedings or matters and determinations made by the court, and ensure that all information is conveyed in an age-appropriate manner.

The Director of the Office of Refugee Resettlement shall consider the report provided by the guardian ad litem in determining whether an alien child is a victim of a severe form of trafficking in persons eligible for services of the Trafficking Victims Protection Act of 2000. The guardian ad litem shall carry out the duties until completed the child departs the United States; granted permanent resident status in the U.S.; attains the age of 18; placed in the custody of a parent, legal guardian, or licensed child welfare agency.

The guardian ad litem shall have reasonable access to the child, including access while such child is being held in detention, in the care of a foster family, or in any other temporary living arrangement. The guardian shall be permitted to review all records and information relating to such proceedings that are not deemed privileged or classified; may seek independent evaluations of the child; shall be notified in advance of all hearings or interviews involving the child that are held in connection with proceedings or matters under the Immigration and Nationality Act or in connection with the investigation or prosecution of a severe form of trafficking in persons under the Trafficking Victims Protection Act of 2000 and shall be given a reasonable opportunity to be present at such hearings or interviews; shall be permitted to consult with the child during any hearing or interview involving such child; and shall be provided at least 24 hours advance notice of a transfer of that child to a different placement, absent compelling and unusual circumstances warranting the transfer of such child prior to notification.

The Director of the Office for Refugee Resettlement is authorized to provide training for all persons serving as guardians ad litem and conditions that child victims of trafficking face and immigration benefits or other rights under the Trafficking Victims Protection Act of 2000 for which such child might be eligible. There are authorized to be appropriated to the Secretary of Health and Human Services such sums as may be necessary to carry out this program.

The Trafficking Victims Protection Act of 2000 is amended by adding 'Victims of severe forms of trafficking, while in the custody of the Federal Government, shall not be denied access to counsel in any proceeding or matter relating to the investigation and prosecution of the act of trafficking involved.' Victims shall receive information about their right to access to counsel. To the maximum extent practicable, victims of trafficking shall receive contact information for nongovernmental organizations that receive funding from the Federal Government to provide counsel or other assistance to victims of trafficking.

Residential Rehabilitative Facilities for Victims of Trafficking

The Administrator of the U.S. Agency for International Development shall carry out a study to identify best practices for the rehabilitation of victims of trafficking in group residential facilities in foreign countries. In carrying out the study , the Administrator shall-investigate factors relating to the rehabilitation of victims of trafficking in group residential facilities, such as the appropriate size of such facilities, services to be provided, length of stay, and cost; and give consideration to ensure the safety and security of victims of trafficking , provide alternative sources of income for such victims, assess and provide for the educational needs of such victims, including literacy, and assess the psychological needs of such victims and provide professional counseling, as appropriate. Upon completion of the study the Administrator of the U.S. Agency for International Development shall establish and carry out a pilot program to establish residential treatment facilities in foreign countries for victims of trafficking based upon the best practices identified in the study. The purposes of the pilot program are to provide benefits and services to victims of trafficking, including shelter, psychological counseling, and assistance in developing independent living skills.

Suggested Action:

Contact the co-sponsors and commend them on sponsoring HR 972. (To see the co-sponsor list, go to http://thomas.loc.gov and put in the bill number.) Ask them to urge their colleagues in the Senate to support it. If your Representative is not a co-sponsor, encourage them to support HR 972.

Write to President Bush and Secretary of State Rice with your support for HR 972.

Contact:

President Bush
The White House
1600 Pennsylvania Ave., NW
Washington, D.C. 20500
202-456-1414
www.whitehouse.gov

Secretary of State Rice
U.S. Department of State
2201 C St., NW
Washington, D.C. 20520

The U.S. Senate
Washington, D.C. 20510
202-224-3121
www.senate.gov

U.S. House of Representatives
Washington, D.C. 20510
202-224-3121
www.house.gov

General Assembly guidance:

The 1997 General Assembly expressed concern about sex trafficking in four resolutions: "Resolution on Children," "The Girl Child," "Women, Children and International Prostitution," and "Child Sexual Exploitation."