Cultic Studies Review, Vol. 1, No. 1, 2002, Page 48
III. The Trafficking Victims Protection Act of 2000
The newly enacted Trafficking Victims Protection Act of 2000103 (―TVPA 2000‖) relies
extensively upon the efforts of the President and federal agencies. The aim of the trafficking
provisions is to ―combat trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure just and effective
punishment of traffickers, and to protect their victims.‖104
In enacting TVPA 2000, Congress‘s findings were that ―the degrading institution of slavery
continues throughout the world.‖105 Additionally, Congress found that ―[a]t least 700,000
persons annually, primarily women and children, are trafficked within or across international
borders. Approximately 50,000 women and children are trafficked into the United States
each year.‖106 Although ―[m]any of these persons are trafficked into the international sex
trade, often by force, fraud, or coercion,‖107 trafficking is not limited to the sex industry.
Congress also found that ―[t]his growing transnational crime also includes forced labor and
involves significant violations of labor, public health, and human rights standards
worldwide.‖108
A critical finding of Congress was that the ―[t]rafficking in persons substantially affects
interstate and foreign commerce. Trafficking for such purposes as involuntary servitude and
other forms of forced labor has an impact on the nationwide employment network and labor
market.‖109 This finding is significant because a court is less likely to strike the Act if it is
grounded solidly upon the Commerce Clause of the Federal Constitution.
The TVPA 2000 requires the President to establish an Interagency Task Force to Monitor and
Combat Trafficking110 and to establish an Office to Monitor and Combat Trafficking111 within
the Department of State. It charges the President to measure and evaluate the progress of
trafficking prevention, protection, and assistance to victims.112
To prevent trafficking, the President may take such initiatives that will enhance economic
opportunity for potential victims – lending programs, training in business development, and
job skills training.113 These programs are authorized based upon the findings of Congress
that persons most vulnerable to trafficking are women and children who are uneducated,
poor, and with little job skills.114 Programs should also aim to retain children in schools and
to educate persons who were victims of trafficking.115
To aid in prosecuting these crimes, the TVPA 2000 directs the Attorney General and other
federal agencies ―to expand benefits and services,‖116 including legal services, to ―victims of
severe forms of trafficking,‖117 regardless of victims‘ immigration status.118
The TVPA 2000 authorizes grants to states, tribal governments, local governments, and
nonprofits ―to develop, expand or strengthen‖119 services for victims of trafficking.
(Professionals engaged in assisting cult members may be interested in looking into grant
opportunities.) It requires that federal regulations be promulgated to ensure that victims of
trafficking are provided with shelter, medical care, assistance and protection, and that they
have access to information.120 While in the custody of the Federal Government, measures
are to be taken to ―protect trafficked persons and their family members from intimidation
and threats of reprisals ....‖122
The TVPA 2000 requires the President to withhold ―nonhumanitarian, nontrade-related
foreign assistance‖123 to countries that fail to comply with the Act‘s ―minimum standards‖124
for the elimination of trafficking.125
The TVPA 2000 strengthens the prosecution and punishment of traffickers by defining
certain crimes for the first time. The crime of ―Forced Labor‖ was given definition that
includes the use of ―threats of serious harm to, or physical restraint against,‖ another
person, ―by means of any scheme, plan, or pattern ...by means of ...abuse or
III. The Trafficking Victims Protection Act of 2000
The newly enacted Trafficking Victims Protection Act of 2000103 (―TVPA 2000‖) relies
extensively upon the efforts of the President and federal agencies. The aim of the trafficking
provisions is to ―combat trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure just and effective
punishment of traffickers, and to protect their victims.‖104
In enacting TVPA 2000, Congress‘s findings were that ―the degrading institution of slavery
continues throughout the world.‖105 Additionally, Congress found that ―[a]t least 700,000
persons annually, primarily women and children, are trafficked within or across international
borders. Approximately 50,000 women and children are trafficked into the United States
each year.‖106 Although ―[m]any of these persons are trafficked into the international sex
trade, often by force, fraud, or coercion,‖107 trafficking is not limited to the sex industry.
Congress also found that ―[t]his growing transnational crime also includes forced labor and
involves significant violations of labor, public health, and human rights standards
worldwide.‖108
A critical finding of Congress was that the ―[t]rafficking in persons substantially affects
interstate and foreign commerce. Trafficking for such purposes as involuntary servitude and
other forms of forced labor has an impact on the nationwide employment network and labor
market.‖109 This finding is significant because a court is less likely to strike the Act if it is
grounded solidly upon the Commerce Clause of the Federal Constitution.
The TVPA 2000 requires the President to establish an Interagency Task Force to Monitor and
Combat Trafficking110 and to establish an Office to Monitor and Combat Trafficking111 within
the Department of State. It charges the President to measure and evaluate the progress of
trafficking prevention, protection, and assistance to victims.112
To prevent trafficking, the President may take such initiatives that will enhance economic
opportunity for potential victims – lending programs, training in business development, and
job skills training.113 These programs are authorized based upon the findings of Congress
that persons most vulnerable to trafficking are women and children who are uneducated,
poor, and with little job skills.114 Programs should also aim to retain children in schools and
to educate persons who were victims of trafficking.115
To aid in prosecuting these crimes, the TVPA 2000 directs the Attorney General and other
federal agencies ―to expand benefits and services,‖116 including legal services, to ―victims of
severe forms of trafficking,‖117 regardless of victims‘ immigration status.118
The TVPA 2000 authorizes grants to states, tribal governments, local governments, and
nonprofits ―to develop, expand or strengthen‖119 services for victims of trafficking.
(Professionals engaged in assisting cult members may be interested in looking into grant
opportunities.) It requires that federal regulations be promulgated to ensure that victims of
trafficking are provided with shelter, medical care, assistance and protection, and that they
have access to information.120 While in the custody of the Federal Government, measures
are to be taken to ―protect trafficked persons and their family members from intimidation
and threats of reprisals ....‖122
The TVPA 2000 requires the President to withhold ―nonhumanitarian, nontrade-related
foreign assistance‖123 to countries that fail to comply with the Act‘s ―minimum standards‖124
for the elimination of trafficking.125
The TVPA 2000 strengthens the prosecution and punishment of traffickers by defining
certain crimes for the first time. The crime of ―Forced Labor‖ was given definition that
includes the use of ―threats of serious harm to, or physical restraint against,‖ another
person, ―by means of any scheme, plan, or pattern ...by means of ...abuse or
