TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION …

1 PUBLIC LAW 109 164 JAN. 10, 2006 TRAFFICKING VICTIMS PROTECTIONREAUTHORIZATION ACT OF 2005 VerDate 14-DEC-2004 15:01 Jan 18, 2006 Jkt 049139 PO 00164 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\ APPS06 PsN: PUBL164119 STAT. 3558 PUBLIC LAW 109 164 JAN. 10, 2006 Public Law 109 164109th CongressAn ActTo authorize appropriations for fiscal years 2006 and 2007 for the TraffickingVictims PROTECTION Act of 2000, and for other it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) SHORTTITLE. This Act may be cited as the TraffickingVictims PROTECTION REAUTHORIZATION Act of 2005.

2 (b) TABLE OFCONTENTS. The table of contents for this Actis as follows:Sec. 1. Short title; table of 2. I COMBATTING INTERNATIONAL TRAFFICKING IN PERSONSSec. 101. Prevention of TRAFFICKING in conjunction with post-conflict and humani-tarian emergency 102. PROTECTION of VICTIMS of TRAFFICKING in 103. Enhancing prosecutions of TRAFFICKING in persons 104. Enhancing United States efforts to combat TRAFFICKING in 105. Additional activities to monitor and combat forced labor and child II COMBATTING DOMESTIC TRAFFICKING IN PERSONSSec. 201. Prevention of domestic TRAFFICKING in 202. Establishment of grant program to develop, expand, and strengthen as-sistance programs for certain persons subject to 203.

3 PROTECTION of juvenile VICTIMS of TRAFFICKING in 204. Enhancing State and local efforts to combat TRAFFICKING in 205. Report to 206. Senior Policy Operating 207. III AUTHORIZATIONS OF APPROPRIATIONSSec. 301. Authorizations of 2. finds the following:(1) The United States has demonstrated internationalleadership in combating human TRAFFICKING and slavery throughthe enactment of the TRAFFICKING VICTIMS PROTECTION Act of2000 (division A of Public Law 106 386; 22 7101 etseq.) and the TRAFFICKING VICTIMS PROTECTION ReauthorizationAct of 2003 (Public Law 108 193).(2) The United States Government currently estimates that600,000 to 800,000 individuals are trafficked across inter-national borders each year and exploited through forced laborand commercial sex exploitation.

4 An estimated 80 percent ofsuch individuals are women and girls.(3) Since the enactment of the TRAFFICKING VICTIMS Protec-tion Act of 2000, United States efforts to combat trafficking22 USC of USC 10, 2006[ 972]VerDate 14-DEC-2004 15:01 Jan 18, 2006 Jkt 049139 PO 00164 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\ APPS06 PsN: PUBL164119 STAT. 3559 PUBLIC LAW 109 164 JAN. 10, 2006in persons have focused primarily on the international traf-ficking in persons, including the TRAFFICKING of foreign citizensinto the United States.(4) TRAFFICKING in persons also occurs within the bordersof a country, including the United States.

5 (5) No known studies exist that quantify the problem oftrafficking in children for the purpose of commercial sexualexploitation in the United States. According to a report issuedby researchers at the University of Pennsylvania in 2001, asmany as 300,000 children in the United States are at riskfor commercial sexual exploitation, including TRAFFICKING , at anygiven time.(6) Runaway and homeless children in the United Statesare highly susceptible to being domestically trafficked forcommercial sexual exploitation. According to the National Run-away Switchboard, every day in the United States, between1,300,000 and 2,800,000 runaway and homeless youth live onthe streets.

6 One out of every seven children will run awayfrom home before the age of 18.(7) Following armed conflicts and during humanitarianemergencies, indigenous populations face increased securitychallenges and vulnerabilities which result in myriad formsof violence, including TRAFFICKING for sexual and labor exploi-tation. Foreign policy and foreign aid professionals increasinglyrecognize the increased activity of human traffickers in post-conflict settings and during humanitarian emergencies.(8) There is a need to protect populations in post-conflictsettings and humanitarian emergencies from being traffickedfor sexual or labor exploitation.

7 The efforts of aid agenciesto address the PROTECTION needs of, among others, internallydisplaced persons and refugees are useful in this regard. None-theless, there is a need for further integrated programs andstrategies at the United States Agency for InternationalDevelopment, the Department of State, and the Departmentof Defense to combat human TRAFFICKING , including throughprotection and prevention methodologies, in post-conflictenvironments and during humanitarian emergencies.(9) International and human rights organizations havedocumented a correlation between international deploymentsof military and civilian peacekeepers and aid workers anda resulting increase in the number of women and girls traffickedinto prostitution in post-conflict regions.

8 (10) The involvement of employees and contractors of theUnited States Government and members of the Armed Forcesin TRAFFICKING in persons, facilitating the TRAFFICKING in persons,or exploiting the VICTIMS of TRAFFICKING in persons is inconsistentwith United States laws and policies and undermines the credi-bility and mission of United States Government programs inpost-conflict regions.(11) Further measures are needed to ensure that UnitedStates Government personnel and contractors are held account-able for involvement with acts of TRAFFICKING in persons,including by expanding United States criminal jurisdiction toall United States Government contractors 14-DEC-2004 15:01 Jan 18, 2006 Jkt 049139 PO 00164 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\ APPS06 PsN: PUBL164119 STAT.

9 3560 PUBLIC LAW 109 164 JAN. 10, 2006 TITLE I COMBATTING INTERNATIONALTRAFFICKING IN PERSONSSEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY ASSIST-ANCE.(a) AMENDMENT. Section 106 of the TRAFFICKING VICTIMS Protec-tion Act of 2000 (22 7104) is amended by adding at theend the following new subsection: (h) PREVENTION OFTRAFFICKING INCONJUNCTIONWITHPOST-CONFLICTANDHUMANIT ARIANEMERGENCYASSISTANCE. TheUnited States Agency for International Development, the Depart-ment of State, and the Department of Defense shall incorporateanti- TRAFFICKING and PROTECTION measures for vulnerable populations,particularly women and children, into their post-conflict andhumanitarian emergency assistance and program activities.

10 (b) STUDY ANDREPORT. (1) STUDY. (A) IN GENERAL. The Secretary of State and theAdministrator of the United States Agency for Inter-national Development, in consultation with the Secretaryof Defense, shall conduct a study regarding the threatand practice of TRAFFICKING in persons generated by post-conflict and humanitarian emergencies in foreign countries.(B) FACTORS. In carrying out the study, the Secretaryof State and the Administrator of the United States Agencyfor International Development shall examine (i) the vulnerabilities to human TRAFFICKING of com-monly affected populations, particularly women andchildren, generated by post-conflict and humanitarianemergencies;(ii) the various forms of TRAFFICKING in persons,both internal and trans-border, including both sexualand labor exploitation;(iii) a collection of best practices implemented todate to combat human TRAFFICKING in such areas.