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1 1 (January 7, 2019)

handle is hein.crs/govywa0001 and id is 1 raw text is: Cogesoa Researc Serv 0 Updated January 7, 2019 Human Trafficking and Foreign Policy: An Introduction What is human trafficking? Human trafficking (also known as trafficking in persons) refers to the subjection of men, women, or children to exploitative conditions that may be tantamount to modern- day slavery. From a foreign policy perspective, human trafficking can be viewed as a human rights problem, a manifestation of transnational organized crime, and a violation of core international labor standards. Human trafficking also raises economic development, international migration, and global governance and security issues, and disproportionately victimizes vulnerable populations. The Trafficking Victims Protection Act of 2000 (TVPA, Division A of P.L. 106-386; 22 U.S.C. 7101 et seq.) defined severe forms of trafficking in persons to include sex trafficking induced by force, fraud, or coercion, child sex trafficking (under 18 years of age), and forced labor trafficking. The latter involves the recruitment, harboring, transportation, provision, or obtaining of a person-induced by force, fraud, or coercion-for the purpose of subjecting that person, including a child, to involuntary servitude, peonage, debt bondage, or slavery. The recruitment and use of a child soldier, defined in the Child Soldiers Prevention Act of 2008 (CSPA, Title IV of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; 22 U.S.C. 2370c et seq.), is also a form of human trafficking. How has Congress responded? Congress has long been engaged on trafficking-related issues. For nearly two decades, the cornerstone legislative vehicle to address international human trafficking has been the TVPA, as amended and reauthorized in 2003 (P.L. 108- 193), 2005 (P.L. 109-164), 2008 (P.L. 110-457), and 2013 (P.L. 113-4). Most recently, the 115th Congress passed the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (H.R. 2200). Among other key provisions, the TVPA established a ranking system for measuring government efforts to eliminate human trafficking-and prohibits certain types of U.S. foreign assistance to the worst-ranked countries. The TVPA also defines the role and mandate of the Secretary of State to combat human trafficking and requires the State Department to annually publish reports on trafficking in persons (known as the TIP Report), discussed below. Both U.S. policy, including the TVPA, and international law (e.g., the U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) view anti-trafficking responses as encompassing efforts to protect victims, prosecute traffickers, and prevent opportunities for traffickers to exploit (known as the 3Ps). In addition to funding for anti-trafficking programs through regular appropriations, Congress has shaped U.S. policy to combat international human trafficking, including through provisions that predate the TVPA. In chronological order, key statutes include the following: * Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of foreign goods made wholly or in part by convict, forced labor, and/or indentured labor. * Section 504 of the Trade Act of 1974 (19 U.S.C. 2464), as amended by the Trade and Development Act of 2000 (P.L. 106-200), which requires an annual report by the Labor Department on the worst forms of child labor. * CSPA of 2008, which prohibits certain categories of U.S. security assistance to be furnished to countries involved in the recruitment and use of child soldiers. * Title XVII of the National Defense Authorization Act, Fiscal Year 2013 (NDAA; P.L. 112-239), which expands provisions in the TVPA to prevent trafficking in federal procurement, including by military contractors engaged in overseas contingency operations. * Section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Title I of P.L. 114-26; 19 U.S.C. 4205), which limits the use of trade authorities procedures for negotiating agreements with the worst-ranked countries in the TIP Report. * International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (P.L. 114-119), which seeks to prevent child sexual exploitation abroad by outbound U.S. sex offenders. * Sections 910 and 914 of the Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125), which eliminated the so-called consumptive demand exception to Section 307 of the Tariff Act of 1930 and amended the trafficking provision in Bipartisan Congressional Trade Priorities and Accountability Act of 2015, discussed above. * Section 1298 of the FY2017 NDAA (P.L. 114-328; 22 U.S.C. 7114), which authorized a new international public-private partnership to address modem slavery. * Section 321 of the Countering America's Adversaries Through Sanctions Act (CAATSA, P.L. 115-44), which amends the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) to require the President to apply sanctions on foreign persons employing North Korean labor and to require the application of Section 307 of the Tariff Act of 1930, discussed above, with respect to certain items mined, produced, or manufactured by North Korean labor. https:I/crsreports.conc -- _-_

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