Laws and Policies Guiding DoD Response to Human Trafficking

Laws and Policies Guiding DoD Response to Human Trafficking

Trafficking Victims Protection Act (TVPA) of 2000 and Reauthorizations

Establishes a whole of government approach to combating trafficking in persons.

Creates a 3P framework:

  • Prevention: Encourages education, awareness, and training to understand trafficking, identify victims, and respond appropriately
  • Prosecution: Encourages a vigorous law enforcement response to traffickers
  • Protection and assistance: Provides holistic services for survivors

The TVPA of 2000 was reauthorized in 2003, 2005, 2008, 2013, 2018, and 2022

Select here to view the act.

Select here to view all TIP laws

National Security Presidential Directive – 22

The United States adopted a “zero-tolerance policy” on trafficking in persons for all U.S. Government employees and contractor personnel with the signing of the National Security Presidential Directive 22 (NSPD-22) in 2002.

Select here to view the directive.

Justice for Victims of Trafficking Act (JVTA) of 2015

The JVTA of 2015:

  • Expands the definition of sex trafficking to include buyers – those “patronizing and soliciting” commercial sex
  • Clarifies that “producers of child pornography are human traffickers”
  • Requires that DoD must report military sex offenders to DOJ

Sex offenders are required to register upon release from a military correctional facility or upon conviction

Select here to view the act.

Uniform Code of Military Justice, Article 120 b, c

Prosecutable offenses under Article 120 of the UCMJ related to sex trafficking include:
  • Article 120b: Rape and sexual assault of a child
  • Article 120c: Other sexual misconduct

Select here to view Article 120b.

Select here to view Article 120c.

Uniform Code of Military Justice, Article 134

  • Criminal code that applies to Service members, and in time of declared war or a contingency operation, persons serving with or accompanying U.S. Armed Forces in the field
  • Prosecutable offenses under Article 134 of the UCMJ related to sex trafficking include:
    • Prostitution
    • Patronizing a prostitute
    • Pandering by compelling
    • Inducing, enticing, or procuring an act of prostitution
    • Pandering by arranging or receiving consideration for arranging for sexual intercourse or sodomy

Select here to view the Uniform Code of Military Justice, Article 134. Trafficking related offenses are found in Section 97 entitled "Pandering and Prostitution" and Article 68 b entitled "Child Pornography".

DoD Instruction 2200.01, “Combating Trafficking in Persons (CTIP)”

DoD Instruction 2200.01, “Combating Trafficking in Persons (CTIP)” establishes DoD CTIP policies, responsibilities, and reporting requirements for promoting the U.S. Government’s zero tolerance policy within the DoD. (First published in 2007, updated in 2010, 2015, and 2019)

Select here to view DoD Instruction 2200.01.

National Defense Authorization Act (NDAA) for Fiscal Year 2013, Title XVII, the “Ending Trafficking in Government Contracting Act”

The NDAA for Fiscal Year 2013, Title XVII, “Ending Trafficking in Government Contracting Act,” includes requirements for contractors to prevent trafficking in persons. It imposes monitoring, reporting, and compliance plan requirements on DoD to ensure U.S. government taxpayer money does not support human trafficking. These provisions are codified in Chapter 78 of Title 22 in the United States Code.

The National Defense Authorization Act for Fiscal Year 2013, Title XVII, Ending Trafficking in Government Contracting, amended U.S.C. statutes to allow remedial actions if a contractor, subcontractor, grantee, or sub-grantee engages in or uses labor recruiters, brokers, or other agents who engage in:

  • severe forms of trafficking in persons
  • procurement of a commercial sex act
  • use of forced labor in the performance of a contract

It also has provisions:

  • requiring contractor compliance plans and certification requirements
  • describing procedures for monitoring and investigation of TIP
  • requiring remedial action for TIP violations
  • requiring immediate Inspector General notification of credible information of TIP

Select here to view the act.

Federal Acquisition Regulation, Subpart 22.17, Combating Trafficking in Persons

FAR Subpart 22.17 prohibits contractor engagement in trafficking in persons and delineates additional prohibited activities including:

  • Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity or immigration documents, passports, or drivers’ licenses
  • Failing to provide return transportation for an employee upon the end of employment
  • Offering employment using false or fraudulent pretenses
  • Charging recruitment fees
  • Providing or arranging housing that fails to meet host country standards

FAR Section 22.1705 prescribes the insertion of FAR Clause 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts.

Select here to view the regulation.