In addition to investigating and prosecuting human trafficking crimes,  federal agencies, primarily DOJ and the Department of Health and  Human Services (HHS), support efforts to combat human trafficking and  assist victims. Several components within DOJ, including the Office on  Violence Against Women (OVW) and the Office of Justice Programs,  which includes the Office of Juvenile Justice and Delinquency Prevention  (OJJDP), the Office for Victims of Crime (OVC), the Bureau of Justice  Assistance, and the National Institute of Justice, provide grants to help  state, local, and tribal law enforcement agencies combat human  trafficking and to support nongovernmental organizations and others in  assisting trafficking victims or conducting research on human trafficking in  the United States. While Federal Agencies Generally Maintain Data on Human Trafficking Cases in Indian Country, They Do Not Maintain Data on Native American Status of Victims

In March 2017, we reported that all four federal agencies that investigate  or prosecute human trafficking in Indian country—the FBI, BIA, ICE, and  the USAO—are required to record in their case management systems  whether a human trafficking offense was involved in the case. With the  exception of ICE, these agencies are also required to record in their case  management systems whether the crime took place in Indian country. ICE  officials explained that the agency does not record this information  because, unlike BIA and the FBI, ICE is not generally involved in criminal  investigations in Indian country. First, according to officials from DOJ’s  Executive Office for United States Attorneys, Native American status has  no impact on whether the federal government can investigate or  prosecute cases outside of Indian country. Some Law Enforcement Agencies Reported Encountering Human Trafficking in Indian Country or of Native Americans, and Cited Victim Reluctance to Participate in Investigations and Other Factors as Barriers to Investigation and Prosecution

		Tribal and Major City Law Enforcement Agencies Reported Encountering Human Trafficking in Indian Country or of Native Americans

In our report released in July 2017, we found that of the 132 tribal LEAs  that responded to our survey, 27 reported that they initiated investigations  they considered to have involved human trafficking from 2014 to 2016, as  shown in figure 1. Few major city LEAs reported that they encountered human trafficking  from 2014 to 2016 that involved Native American victims. Of the 27 tribal LEAs that reported initiating  investigations involving human trafficking, 18 indicated that they believe  victims are reluctant to participate in the investigation or prosecution of  their case. Fifty Federal Grant Programs Can Be Used to Address Human Trafficking in Indian Country or of Native Americans, but DOJ Could do More to Identify the Number of Native American Victims Served

In March 2017, we reported that DOJ, HHS, and DHS administered 50  grant programs from fiscal years 2013 through 2016 that could help  address Native American human trafficking. We  reported that DOJ’s OVW requires grantees to report Native American  status of victims served, but not by type of crime. DOJ’s OVC and the  OJJDP do not require grantees to collect and report Native American  status of victims served. However, in fiscal year 2017, OVC began  providing recipients of human trafficking-specific grant programs the  option to report the race or Native American status of victims served. While Native American status may not generally be a factor for  determining whether a victim can receive services, it may be a factor for  determining how best to assist this particular demographic. Thus we concluded that without collecting data on the Native  American status of victims served, federal agencies would not know the  extent to which they are achieving government-wide strategic goals to  provide and improve services to vulnerable populations, including Native  American human trafficking victims. Therefore, we recommended in  March 2017 that DOJ require its grantees to report the number of human  trafficking victims served and, as appropriate, the Native American status  of those victims. In its comments, DOJ  indicated it would implement the first part of the recommendation, which  is to require grantees to report the number of human trafficking victims  served with grant funding. We continue to assert  that collecting grantee information on both the number and Native  American status of victims served is important and will continue to  monitor implementation.
Why GAO Did This Study

Human trafficking is the exploitation of a person typically through force, fraud or coercion for purposes such as forced labor or commercial sex, and it involves vulnerable populations including Native Americans. Several components within DOJ, DHS, and the Department of Interior investigate and prosecute human trafficking in Indian country, and federal agencies provide grant funding to support efforts to combat trafficking and assist victims.
This testimony focuses on trafficking occurring in Indian country or involving Native Americans and addresses the extent to which: (1) federal agencies collect and maintain data on investigations and prosecutions; (2) tribal and major city LEAs encounter trafficking and the factors that affect their ability to investigate and prosecute such activities; and, (3) federal grant programs are available to help address trafficking and how well the granting agencies are positioned to know the number of victims served. This testimony is based on GAO reports issued in March and July 2017. To do this work GAO reviewed federal trafficking data and conducted three surveys. We surveyed the 203 known tribal LEAs, 86 major city LEAs, and 315 victim service provider organizations that received fiscal year 2015 DOJ or HHS grants that could be used to assist human trafficking victims.

What GAO Found

While federal agencies generally maintain data on human trafficking cases that occur in Indian country, they do not maintain data on whether the victims are Native American (Native American status). All four federal agencies that investigate or prosecute human trafficking in Indian country—the Federal Bureau of Investigation (FBI), the Bureau of Indian Affairs (BIA), U.S. Immigration and Customs Enforcement (ICE), and the U.S. Attorneys' Offices—are required to record in their case management systems whether a human trafficking offense was involved in the case. With the exception of ICE, these agencies are also required to record whether the crime took place in Indian country. ICE officials explained that the agency does not record this information because, unlike BIA and the FBI, ICE is not generally involved in criminal investigations in Indian country. Also, officials from the four agencies said they do not maintain data on Native American status of victims for various reasons, including that such data has no impact on their investigations and prosecutions.
Some law enforcement agencies (LEA) reported encountering human trafficking in Indian country or of Native Americans and cited victim reluctance to participate in investigations and other factors as barriers to investigation and prosecution. Of the 132 tribal LEAs that responded to GAO's survey, 27 reported initiating investigations they considered to have involved human trafficking from 2014 to 2016. Few major city LEAs—6 of 61 survey respondents—reported that they encountered human trafficking involving Native American victims from 2014 to 2016. Further, among the 27 responding tribal LEAs, 18 indicated that they believe victims are reluctant to participate in investigations for reasons including drug addiction and distrust of law enforcement.
The departments of Justice (DOJ), Health and Human Services (HHS), and Homeland Security (DHS) administered 50 federal grant programs from fiscal years 2014 through 2016 that can be used to address human trafficking in Indian Country or of Native Americans, but DOJ could do more to identify the number of Native American victims served. For example, DOJ's Office on Violence Against Women requires grantees to report Native American status of victims served, but not by type of crime. DOJ's Office for Victims of Crime (OVC) and the Office of Juvenile Justice and Delinquency Prevention do not require grantees to collect and report Native American status of victims served. However, in fiscal year 2017, OVC began providing recipients of human trafficking-specific grant programs the option to report the race or Native American status of victims served. While Native American status may not generally be a factor for determining whether a victim can receive services, it may be a factor for determining how best to assist this demographic. GAO recommended that DOJ require its grantees to report the number of human trafficking victims served and, as appropriate, the Native American status of those victims. DOJ agreed to implement the first part of this recommendation, but did not agree to the second part, citing victim confidentiality and other reasons. In June 2017, DOJ reported ongoing and planned actions to better capture the number of victims served but reiterated its concerns about collecting Native American status. GAO maintains that collecting grantee information on both the number and Native American status of victims served is important and will continue to monitor implementation.