The TVPA of 2000 establishes a whole of government approach to combating trafficking in persons.

The TVPA creates a three-part 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.

The TVPA and its Reauthorization Acts created new criminal statutes prohibiting sex trafficking, forced labor, and conduct with respect to documents.

These acts also contain provisions now found in the Federal Acquisition Regulation such as the means to terminate grants, contracts, or cooperative agreements if the grantees, sub-grantees, contractors, or sub-contractors engage in severe forms of TIP.

In 2002, the National Security Presidential Directive 22 was published. It:

• Adopted a zero-tolerance policy on trafficking in persons for all U.S. Government employees and contractor personnel.
• Directed departments and agencies to investigate and punish allegations of involvement in TIP by U.S. Government employees and contractor personnel.
• Set a policy opposing prostitution and related activities, including pimping, pandering, or maintaining brothels as contributing to the phenomenon of trafficking in persons and inherently harmful and dehumanizing.

Under MEJA, civilian personnel, contractors, or any other person accompanying the armed forces outside the U.S. (e.g., dependents) can be prosecuted under U.S. laws for felony crimes, including TIP.

Implemented by: DoD Instruction 5525.11, "Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members" (2005)

• DoD Instruction 2200.01, “Combating Trafficking in Persons (CTIP),” established DoD CTIP policies, responsibilities, and reporting requirements for combating trafficking in persons and promoting the U.S. Government’s zero tolerance policy within the DoD.
• Requires annual reporting on suspected TIP incidents, investigations, prosecutions, indictments, and convictions.

(First published in 2007, updated in 2010, 2015, and 2019)

The NDAA FY 2013, Title XVII amended U.S.C. statutes to allow remedial actions if a contractor, subcontractor, grantee, or subgrantee 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 IG notification of credible information of TIP

A related statute in 2022 entitled the End Human Trafficking in Government Contracts Act of 2022 (P.L. 117-211) amended the 2013 National Defense Authorization Act (P.L. 112-239) to require U.S. government agency heads to refer any suspected instances of human trafficking to the agency’s suspension and debarment official (“SDO”) for consideration and disposition.

The 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.

The DFARS and PGI provide uniform acquisition policies and procedures for the Department of Defense and should be read in conjunction with the primary set of rules in the FAR. DFARS Section 222.17, “Combating Trafficking in Persons,” prescribes unique Defense regulation implementing policy and guidance for Defense contracts.

The Justice for Victims of Trafficking Act of 2015:

• Expands the definition of sex trafficking to include buyers – those “patronizing and soliciting” commercial sex
• The Act 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

The Uniform Code of Military Justice does not cover human trafficking offenses.

Prosecutable offenses in the UCMJ related to sex trafficking include:

• Article 120b: Rape and sexual assault of a child
• Article 120c. Other sexual misconduct
• Article 134. Pandering and Prostitution
  • 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
  • Possessing, receiving, viewing, the intent to distribute, distributing, or producing child pornography

Additional UCMJ offenses often associated with trafficking in persons crimes include conspiracy, kidnapping, rape, forcible sodomy, indecent acts, extortion, assault, aggravated assault, strangulation, communicating a threat, solicitation of another to commit an offense, misprision of serious offense, violation of order or general regulation, federal assimilative crimes. Article 134 can be used to prosecute labor trafficking or forced labor too. Allegations of exploitation and abuse, some of which may involve human trafficking indicators or potential human trafficking victims, are addressed under UCMJ provisions including the UCMJ’s “General Article,” which prohibits—among other things—violating any criminal provision of the United States Code (other than a capital offense).