To submit a question to the Protection Project staff, send an email with your question to protection_project@jhu.edu and place in the subject line: Website Q & A. o What is the purpose of the Trafficking Victims Protection Reauthorization Act? o What amendments did the TVPRA undertake to facilitate prosecution of trafficking? o What does the TVRA provide regarding facilitating family reunifications with minors who are trafficking victims? o Can a victim of trafficking sue the trafficker seeking damages under the TVPRA? o Does the TVPRA provide for prevention programs? o What is the TVPRA provision on border interdiction? o What is the TVPRA provision on sex tourism? o What does the TVPRA provide regarding public information and awareness campaigns? o Does the TVPRA provide sanctions for legal persons? o What changes does the TVPRA make to the process of certification of victims? o What does the TVPRA provide regarding reporting? o What is the Senior Policy Operating Group? o What is the Special Watch List that the TVPRA mentions? o Does the TVPRA provide for research relating to trafficking in persons? o Are there any restrictions placed by the TVPRA on programs and organizations? o Did the TVPRA have any effect on the Trafficking in Persons (TIP) Report? o What is the purpose of the Trafficking Victims Protection Reauthorization Act? The purpose of the Trafficking Victims Protection Reauthorization Act (TVPRA) is to make amendments to certain sections of the TVPA of 2000. More specifically, the TVPRA aims at: 1) facilitating the prosecution of traffickers, through some amendments to federal criminal law; 2) enhancing prevention efforts, through programs to increase public awareness of trafficking in persons; and 3) provide greater protection to the victims of trafficking, by increasing their benefits and facilitating family reunifications with minors who are trafficking victims.
o What amendments did the TVPRA undertake to facilitate prosecution of trafficking?
The TVPRA has provided for three important amendments that facilitate the prosecution of trafficking in persons.
First, before the passing of the TVPRA, Section 1591 of title 18, United States Code, which criminalizes "sex trafficking of children or by force, fraud, or coercion", applied only to cases of trafficking committed "in or affecting interstate commerce." The TVPRA has amended Section 1591 to make it applicable also to "foreign commerce."
Second, the TVPRA has specified that relevant act for prosecution under Section 1591 is not only transportation, but also the recruitment, enticement, harboring, provision or obtaining of a person.
Third, the TVPRA has amended the Racketeering Influenced Corrupt Organization Act (RICO) to explicitly include "trafficking in persons" into the definition of a racketeering activity under the Act.
o What does the TVRA provide regarding facilitating family reunifications with minors who are trafficking victims?
The TVPRA amends the existing T-visa regulations to allow for trafficking victims under the age of 18 to apply for a T-visa without the requirement of compliance with reasonable request to assist in the investigation and prosecution of a trafficking case. It also extends the T-visa to a victim's unmarried siblings under 18.
o Can a victim of trafficking sue the trafficker seeking damages under the TVPRA?
Yes, under the TVPRA of 2003 a victim of trafficking can file a civil action against his/her trafficker and recover damages and attorney's fees. Any civil action for compensation filed during criminal proceedings must wait until there is a final verdict in the case.
o Does the TVPRA provide for prevention programs?
Yes, the TVPRA provides for prevention programs addressing border interdictions, sex tourism and public information and awareness campaigns.
o What is the TVPRA provision on border interdiction?
The TVPRA provides grants to foreign NGOs that provide for transit shelters operating at border crossing to train border guards in identifying traffickers and providing services to victims.
o What is the TVPRA provision on sex tourism?
The TVPRA calls for the dissemination of materials informing those traveling to foreign countries about the danger of sex tourism. These materials should make clear that sex tourism is illegal and will be prosecuted.
o What does the TVPRA provide regarding public information and awareness campaigns?
The TVPRA calls for programs to support the production of radio and TV programs as well as documentaries that increase awareness of the problem of trafficking in countries of destination and countries of origin.
o Does the TVPRA provide sanctions for legal persons?
Yes, the TVRA provides for the termination of grants, contracts, and cooperative agreements provided by a Federal department or agency to private entities if those entities are involved in severe forms of trafficking in persons, or use forced labor in the performance of the grant, contract, or cooperative agreement.
o What changes does the TVPRA make to the process of certification of victims?
A notable change is that in certifying victims of trafficking in persons, the Department of Health and Human Services will consider statements from local and state law enforcement officials that the victim of trafficking has been willing to comply with reasonable requests for assistance in the investigation and prosecution of trafficking cases. Benefits that are available to certified victims are also extended to minor dependent children of victims of trafficking.
o What does the TVPRA provide regarding reporting?
The TVPRA requires that the Attorney General report annually to the House of Representatives and the Senate about the number of persons who have received benefits and other services from Health and Human Services; the number of persons granted continued presence in the United States; the number of persons who have applied for, been granted or been denied a T-visa; the number of persons charged with or convicted on charges of trafficking in persons; the amount, recipient and purposes of grants issued by Federal agencies; the type of training conducted by the government; and the activities of the Senior Policy Operating Group.
o What is the Senior Policy Operating Group?
The TVPRA establishes, within the Task Force to monitor and combat trafficking created by the TVPA of 2000, a Senior Policy Operating Group, whose duty is to coordinate activities of Federal Departments and agencies regarding policies on the international trafficking of persons.
o What is the Special Watch List that the TVPRA mentions?
The Special Watch List includes countries that requires special scrutiny, such as countries where the number of victims is extremely high, countries that failed to provide evidence of increasing efforts to combat trafficking, and countries that committed to take additional steps to combat trafficking.
o Does the TVPRA provide for research relating to trafficking in persons?
The TVPRA provides for funding to conduct research on three main topics: 1) the economic causes and consequences of trafficking; 2) the relationship between trafficking in persons and global health risks; 3) the effectiveness of programs and initiatives funded by Federal agencies to prevent trafficking and to protect victims.
o Are there any restrictions placed by the TVPRA on programs and organizations?
Yes. According to the TVPRA no funds may be used to promote, support or advocate the legalization or practice of prostitution. Similarly, no funds may be made available to organizations that do not state clearly that they do not support, promote, or advocate the legalization or practice of prostitution.
o Did the TVPRA have any effect on the Trafficking in Persons (TIP) Report?
Yes. The Department of State Office to Monitor and combat Trafficking rate countries according to their level of compliance with minimum standards for the elimination of trafficking. The TVPRA introduces two amendments that affect the TIP Report: first, when a country does not provide data regarding investigations, prosecutions, convictions and sentences of trafficking to the Department of State after reasonable request, it will be presumed that it has not investigated, prosecuted, convicted, or sentences cases of trafficking; second, the TVPRA has introduced three new minimum standards for elimination of trafficking based on which the Department of State rates foreign countries.
These new minimum standards are: 1) whether the percentage of non-citizens victims of severe forms of trafficking is insignificant; 2) whether the government of the country monitors its efforts to comply with the minimum standards and report on those efforts; 3) whether the country achieves appreciable progress in the elimination of severe forms of trafficking, when compared to its efforts in the previous year. | 
