Level: National

Overview:

December 2008 witnessed the passing of the federal William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA 2008). The new law builds on the groundbreaking Trafficking Victims Protection Act (TVPA) of 2000 that criminalized human trafficking, established the State Department Office to Monitor and Combat Trafficking, and enabled trafficking survivors to receive many of the government services and benefits granted to refugees.

Key provisions:

•  Served to strengthen the prosecutorial fire-power of the original legislation by modifying the scope of child trafficking cases it covers. According to The Protection Project of Johns Hopkins University, the 2000 law dealt only with child exploitation related to interstate commerce. The TVPRA 2008 broadens the federal law’s reach by including trafficking incidents related to “foreign commerce”.
•  Expands the services and benefits available to victims of trafficking within the U.S. Under the 2000 law, foreign national survivors can receive unique T-visas that allow them to remain in the country. The TVPRA 2008 extended eligibility for T-visas to victims participating in trafficking investigations or prosecutions, as well as to parents and unmarried, minor siblings of trafficked individuals.

How does this relate to the Appropriations Bill?:

Unfortunately, U.S. anti-trafficking endeavors have been chronically underfunded. During fiscal year 2008, the government appropriated $23 million to anti-trafficking projects. The Office to Monitor and Combat Trafficking in Persons indicated that a large part of those funds were directed to continued support of anti-trafficking task forces across the nation. Several million was also granted to universities and non-profits conducting research on domestic trafficking and providing services to victims on a local level. As the Polaris Project—an anti-trafficking organization operating in both the U.S. and Japan—points out, however, the government has been unable to create any federally-supported shelters for recovering sexually exploited children. The Department of Health and Human Services (HHS) has also recently cutback on the duration of many victim services from eight to four months.

Karen Strauss, of the Managing Policy and Legal Counsel for Polaris Project, explained the disconnect between the services authorized by the protection acts and the services actually provided to victims:

“The TVPA 2000 created…services for survivors, but that is only one step in the process. The second step is to get those funds approved by the [congressional] appropriations committee. Funds [for services] for minors have been authorized since 2005, but have not yet been appropriated. That is going on four years now.”

Funds commissioned by laws such as the TVPA 2000 and its subsequent reauthorizations cannot be released unless they are included in the annual appropriations, or spending, bills passed by Congress. Thus, the $21.8 million allocated to the HHS by the TVPRA 2008 will not reach any survivors if it is not approved by the appropriation legislation for fiscal year 2010. Strauss stated that the Labor, HHS, and Education portion of the pending bill is scheduled to reach the floor of the House on July 22 and the floor of the Senate later in July. She estimates that the final bill will be passed into law sometime in September. According to Strauss, this timeline means that the window of opportunity for vocal constituent support is now wide open. She attributes the underfunding of the past, in part, to a lack of advocacy on the individual level:

“Appropriators have not heard enough from constituents. They are very busy, and these funds have often been lost in the process.”

Status: 

Pending

What Can You Do?:

Individuals who call or email their two senators and representative can be instrumental in moving the allocations for the HHS up on the appropriation agenda. The Polaris Project provides a succinct and clear guide for a 30-second constituent phone call here