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67 108
106 th Congress
Report
HOUSE OF REPRESENTATIVES
2d Session
106 939
VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000
October 5, 2000.--Ordered to be printed
Mr. Smith of New Jersey, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3244]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 3244), an Act to
combat trafficking of persons, especially into the sex trade, slavery,
and slavery-like conditions, in the United States and countries around
the world through prevention, through prosecution and enforcement
against traffickers, and through protection and assistance to victims of
trafficking, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Trafficking and Violence
Protection Act of 2000''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions, as
follows:
(1) Division a.--Trafficking Victims Protection Act of 2000.
(2) Division b.--Violence Against Women Act of 2000.
(3) Division c.--Miscellaneous Provisions.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
Sec. 101. Short title.
Sec. 102. Purposes and findings.
Sec. 103. Definitions.
Sec. 104. Annual Country Reports on Human Rights Practices.
Sec. 105. Interagency Task Force To Monitor and Combat Trafficking.
Sec. 106. Prevention of trafficking.
Sec. 107. Protection and assistance for victims of trafficking.
Sec. 108. Minimum standards for the elimination of trafficking.
Sec. 109. Assistance to foreign countries to meet minimum standards.
Sec. 110. Actions against governments failing to meet minimum standards.
Sec. 111. Actions against significant traffickers in persons.
Sec. 112. Strengthening prosecution and punishment of traffickers.
Sec. 113. Authorizations of appropriations.
DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Accountability and oversight.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
Sec. 1101. Full faith and credit enforcement of protection orders.
Sec. 1102. Role of courts.
Sec. 1103. Reauthorization of STOP grants.
Sec. 1104. Reauthorization of grants to encourage arrest policies.
Sec. 1105. Reauthorization of rural domestic violence and child
abuse enforcement grants.
Sec. 1106. National stalker and domestic violence reduction.
Sec. 1107. Amendments to domestic violence and stalking offenses.
Sec. 1108. School and campus security.
Sec. 1109. Dating violence.
TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE
Sec. 1201. Legal assistance for victims.
Sec. 1202. Shelter services for battered women and children.
Sec. 1203. Transitional housing assistance for victims of domestic
violence.
Sec. 1204. National domestic violence hotline.
Sec. 1205. Federal victims counselors.
Sec. 1206. Study of State laws regarding insurance discrimination
against victims of violence against women.
Sec. 1207. Study of workplace effects from violence against women.
Sec. 1208. Study of unemployment compensation for victims of
violence against women.
Sec. 1209. Enhancing protections for older and disabled women from
domestic violence and sexual assault.
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 1301. Safe havens for children pilot program.
Sec. 1302. Reauthorization of victims of child abuse programs.
Sec. 1303. Report on effects of parental kidnapping laws in
domestic violence cases.
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
Sec. 1401. Rape prevention and education.
Sec. 1402. Education and training to end violence against and
abuse of women with disabilities.
Sec. 1403. Community initiatives.
Sec. 1404. Development of research agenda identified by the
Violence Against Women Act of 1994.
Sec. 1405. Standards, practice, and training for sexual assault
forensic examinations.
Sec. 1406. Education and training for judges and court personnel.
Sec. 1407. Domestic Violence Task Force.
TITLE V--BATTERED IMMIGRANT WOMEN
Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Improved access to immigration protections of the
Violence Against Women Act of 1994 for battered immigrant women.
Sec. 1504. Improved access to cancellation of removal and
suspension of deportation under the Violence Against Women Act of 1994.
Sec. 1505. Offering equal access to immigration protections of the
Violence Against Women Act of 1994 for all qualified battered immigrant
self-petitioners.
Sec. 1506. Restoring immigration protections under the Violence
Against Women Act of 1994.
Sec. 1507. Remedying problems with implementation of the
immigration provisions of the Violence Against Women Act of 1994.
Sec. 1508. Technical correction to qualified alien definition for
battered immigrants.
Sec. 1509. Access to Cuban Adjustment Act for battered immigrant
spouses and children.
Sec. 1510. Access to the Nicaraguan Adjustment and Central
American Relief Act for battered spouses and children.
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for
battered spouses and children.
Sec. 1512. Access to services and legal representation for
battered immigrants.
Sec. 1513. Protection for certain crime victims including victims
of crimes against women.
TITLE VI--MISCELLANEOUS
Sec. 1601. Notice requirements for sexually violent offenders.
Sec. 1602. Teen suicide prevention study.
Sec. 1603. Decade of pain control and research.
DIVISION C--MISCELLANEOUS PROVISIONS
Sec. 2001. Aimee's law.
Sec. 2002. Payment of anti-terrorism judgments.
Sec. 2003. Aid to victims of terrorism.
Sec. 2004. Twenty-first century amendment.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101. SHORT TITLE.
This division may be cited as the ``Trafficking Victims Protection
Act of 2000''.
SEC. 102. PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this division are 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.
(b) Findings.--Congress finds that:
(1) As the 21st century begins, the degrading institution of slavery
continues throughout the world. Trafficking in persons is a modern form
of slavery, and it is the largest manifestation of slavery today. At
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.
(2) Many of these persons are trafficked into the international sex
trade, often by force, fraud, or coercion. The sex industry has rapidly
expanded over the past several decades. It involves sexual exploitation
of persons, predominantly women and girls, involving activities related
to prostitution, pornography, sex tourism, and other commercial sexual
services. The low status of women in many parts of the world has
contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This
growing transnational crime also includes forced labor and involves
significant violations of labor, public health, and human rights
standards worldwide.
(4) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, the lack of access to education,
chronic unemployment, discrimination, and the lack of economic
opportunities in countries of origin. Traffickers lure women and girls
into their networks through false promises of decent working conditions
at relatively good pay as nannies, maids, dancers, factory workers,
restaurant workers, sales clerks, or models. Traffickers also buy
children from poor families and sell them into prostitution or into
various types of forced or bonded labor.
(5) Traffickers often transport victims from their home communities
to unfamiliar destinations, including foreign countries away from family
and friends, religious institutions, and other sources of protection and
support, leaving the victims defenseless and vulnerable.
(6) Victims are often forced through physical violence to engage in
sex acts or perform slavery-like labor. Such force includes rape and
other forms of sexual abuse, torture, starvation, imprisonment, threats,
psychological abuse, and coercion.
(7) Traffickers often make representations to their victims that
physical harm may occur to them or others should the victim escape or
attempt to escape. Such representations can have the same coercive
effects on victims as direct threats to inflict such harm.
(8) Trafficking in persons is increasingly perpetrated by organized,
sophisticated criminal enterprises. Such trafficking is the fastest
growing source of profits for organized criminal enterprises worldwide.
Profits from the trafficking industry contribute to the expansion of
organized crime in the United States and worldwide. Trafficking in
persons is often aided by official corruption in countries of origin,
transit, and destination, thereby threatening the rule of law.
(9) Trafficking includes all the elements of the crime of forcible
rape when it involves the involuntary participation of another person in
sex acts by means of fraud, force, or coercion.
(10) Trafficking also involves violations of other laws, including
labor and immigration codes and laws against kidnapping, slavery, false
imprisonment, assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health risks. Women and
children trafficked in the sex industry are exposed to deadly diseases,
including HIV and AIDS. Trafficking victims are sometimes worked or
physically brutalized to death.
(12) Trafficking in persons substantially affects interstate and
foreign commerce. Trafficking for such purposes as involuntary
servitude, peonage, and other forms of forced labor has an impact on the
nationwide employment network and labor market. Within the context of
slavery, servitude, and labor or services which are obtained or
maintained through coercive conduct that amounts to a condition of
servitude, victims are subjected to a range of violations.
(13) Involuntary servitude statutes are intended to reach cases in
which persons are held in a condition of servitude through nonviolent
coercion. In United States v. Kozminski, 487 U.S. 931 (1988), the
Supreme Court found that section 1584 of title 18, United States Code,
should be narrowly interpreted, absent a definition of involuntary
servitude by Congress. As a result, that section was interpreted to
criminalize only servitude that is brought about through use or
threatened use of physical or legal coercion, and to exclude other
conduct that can have the same purpose and effect.
(14) Existing legislation and law enforcement in the United States
and other countries are inadequate to deter trafficking and bring
traffickers to justice, failing to reflect the gravity of the offenses
involved. No comprehensive law exists in the United States that
penalizes the range of offenses involved in the trafficking scheme.
Instead, even the most brutal instances of trafficking in the sex
industry are often punished under laws that also apply to lesser
offenses, so that traffickers typically escape deserved punishment.
(15) In the United States, the seriousness of this crime and its
components is not reflected in current sentencing guidelines, resulting
in weak penalties for convicted traffickers.
(16) In some countries, enforcement against traffickers is also
hindered by official indifference, by corruption, and sometimes even by
official participation in trafficking.
(17) Existing laws often fail to protect victims of trafficking, and
because victims are often illegal immigrants in the destination country,
they are repeatedly punished more harshly than the traffickers
themselves.
(18) Additionally, adequate services and facilities do not exist to
meet victims' needs regarding health care, housing, education, and legal
assistance, which safely reintegrate trafficking victims into their home
countries.
(19) Victims of severe forms of trafficking should not be
inappropriately incarcerated, fined, or otherwise penalized solely for
unlawful acts committed as a direct result of being trafficked, such as
using false documents, entering the country without documentation, or
working without documentation.
(20) Because victims of trafficking are frequently unfamiliar with
the laws, cultures, and languages of the countries into which they have
been trafficked, because they are often subjected to coercion and
intimidation including physical detention and debt bondage, and because
they often fear retribution and forcible removal to countries in which
they will face retribution or other hardship, these victims often find
it difficult or impossible to report the crimes committed against them
or to assist in the investigation and prosecution of such crimes.
(21) Trafficking of persons is an evil requiring concerted and
vigorous action by countries of origin, transit or destination, and by
international organizations.
(22) One of the founding documents of the United States, the
Declaration of Independence, recognizes the inherent dignity and worth
of all people. It states that all men are created equal and that they
are endowed by their Creator with certain unalienable rights. The right
to be free from slavery and involuntary servitude is among those
unalienable rights. Acknowledging this fact, the United States outlawed
slavery and involuntary servitude in 1865, recognizing them as evil
institutions that must be abolished. Current practices of sexual slavery
and trafficking of women and children are similarly abhorrent to the
principles upon which the United States was founded.
(23) The United States and the international community agree that
trafficking in persons involves grave violations of human rights and is
a matter of pressing international concern. The international community
has repeatedly condemned slavery and involuntary servitude, violence
against women, and other elements of trafficking, through declarations,
treaties, and United Nations resolutions and reports, including the
Universal Declaration of Human Rights; the 1956 Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery; the 1948 American Declaration on the
Rights and Duties of Man; the 1957 Abolition of Forced Labor Convention;
the International Covenant on Civil and Political Rights; the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; United Nations General Assembly Resolutions 50/167, 51/66,
and 52/98; the Final Report of the World Congress against Sexual
Exploitation of Children (Stockholm, 1996); the Fourth World Conference
on Women (Beijing, 1995); and the 1991 Moscow Document of the
Organization for Security and Cooperation in Europe.
(24) Trafficking in persons is a transnational crime with national
implications. To deter international trafficking and bring its
perpetrators to justice, nations including the United States must
recognize that trafficking is a serious offense. This is done by
prescribing appropriate punishment, giving priority to the prosecution
of trafficking offenses, and protecting rather than punishing the
victims of such offenses. The United States must work bilaterally and
multilaterally to abolish the trafficking industry by taking steps to
promote cooperation among countries linked together by international
trafficking routes. The United States must also urge the international
community to take strong action in multilateral fora to engage
recalcitrant countries in serious and sustained efforts to eliminate
trafficking and protect trafficking victims.
SEC. 103. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate and the Committee on
International Relations and the Committee on the Judiciary of the House
of Representatives.
(2) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical restraint against any
person;
(B) any scheme, plan, or pattern intended to cause a person to
believe that failure to perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(3) Commercial sex act.--The term ``commercial sex act'' means any
sex act on account of which anything of value is given to or received by
any person.
(4) Debt bondage.--The term ``debt bondage'' means the status or
condition of a debtor arising from a pledge by the debtor of his or her
personal services or of those of a person under his or her control as a
security for debt, if the value of those services as reasonably assessed
is not applied toward the liquidation of the debt or the length and
nature of those services are not respectively limited and defined.
(5) Involuntary servitude.--The term ``involuntary servitude''
includes a condition of servitude induced by means of--
(A) any scheme, plan, or pattern intended to cause a person to
believe that, if the person did not enter into or continue in such
condition, that person or another person would suffer serious harm or
physical restraint, or
(B) the abuse or threatened abuse of the legal process.
(6) Minimum standards for the elimination of trafficking.--The term
``minimum standards for the elimination of trafficking'' means the
standards set forth in section 108.
(7) Nonhumanitarian, nontrade-related foreign assistance.--The term
``nonhumanitarian, nontrade-related foreign assistance'' means--
(A) any assistance under the Foreign Assistance Act of 1961, other
than--
(i) assistance under chapter 4 of part II of that Act that is made
available for any program, project, or activity eligible for assistance
under chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of part I of that Act;
(iii) any other narcotics-related assistance under part I of that
Act or under chapter 4 or 5 part II of that Act, but any such assistance
provided under this clause shall be subject to the prior notification
procedures applicable to reprogrammings pursuant to section 634A of that
Act;
(iv) disaster relief assistance, including any assistance under
chapter 9 of part I of that Act;
(v) antiterrorism assistance under chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other development assistance in support of
programs of nongovernmental organizations under chapters 1 and 10 of
that Act;
(viii) programs under title IV of chapter 2 of part I of that Act,
relating to the Overseas Private Investment Corporation; and
(ix) other programs involving trade-related or humanitarian
assistance; and
(B) sales, or financing on any terms, under the Arms Export Control
Act, other than sales or financing provided for narcotics-related
purposes following notification in accordance with the prior
notification procedures applicable to reprogrammings pursuant to section
634A of the Foreign Assistance Act of 1961.
(8) Severe forms of trafficking in persons.--The term ``severe forms
of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform
such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
(9) Sex trafficking.--The term ``sex trafficking'' means the
recruitment, harboring, transportation, provision, or obtaining of a
person for the purpose of a commercial sex act.
(10) State.--The term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and territories and
possessions of the United States.
(11) Task force.--The term ``Task Force'' means the Interagency Task
Force to Monitor and Combat Trafficking established under section 105.
(12) United states.--The term ``United States'' means the fifty
States of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the territories and
possessions of the United States.
(13) Victim of a severe form of trafficking.--The term ``victim of a
severe form of trafficking'' means a person subject to an act or
practice described in paragraph (8).
(14) Victim of trafficking.--The term ``victim of trafficking''
means a person subjected to an act or practice described in paragraph
(8) or (9).
SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Countries Receiving Economic Assistance.--Section 116(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151(f)) is amended to read as
follows:
``(f)(1) The report required by subsection (d) shall include the
following:
``(A) A description of the nature and extent of severe forms of
trafficking in persons, as defined in section 103 of the Trafficking
Victims Protection Act of 2000, in each foreign country.
``(B) With respect to each country that is a country of origin,
transit, or destination for victims of severe forms of trafficking in
persons, an assessment of the efforts by the government of that country
to combat such trafficking. The assessment shall address the following:
``(i) Whether government authorities in that country participate in,
facilitate, or condone such trafficking.
``(ii) Which government authorities in that country are involved in
activities to combat such trafficking.
``(iii) What steps the government of that country has taken to
prohibit government officials from participating in, facilitating, or
condoning such trafficking, including the investigation,
prosecution, and conviction of such officials.
``(iv) What steps the government of that country has taken to
prohibit other individuals from participating in such trafficking,
including the investigation, prosecution, and conviction of individuals
involved in severe forms of trafficking in persons, the criminal and
civil penalties for such trafficking, and the efficacy of those
penalties in eliminating or reducing such trafficking.
``(v) What steps the government of that country has taken to assist
victims of such trafficking, including efforts to prevent victims from
being further victimized by traffickers, government officials, or
others, grants of relief from deportation, and provision of humanitarian
relief, including provision of mental and physical health care and
shelter.
``(vi) Whether the government of that country is cooperating with
governments of other countries to extradite traffickers when requested,
or, to the extent that such cooperation would be inconsistent with the
laws of such country or with extradition treaties to which such country
is a party, whether the government of that country is taking all
appropriate measures to modify or replace such laws and treaties so as
to permit such cooperation.
``(vii) Whether the government of that country is assisting in
international investigations of transnational trafficking networks and
in other cooperative efforts to combat severe forms of trafficking in
persons.
``(viii) Whether the government of that country refrains from
prosecuting victims of severe forms of trafficking in persons due to
such victims having been trafficked, and refrains from other
discriminatory treatment of such victims.
``(ix) Whether the government of that country recognizes the rights
of victims of severe forms of trafficking in persons and ensures their
access to justice.
``(C) Such other information relating to trafficking in persons as
the Secretary of State considers appropriate.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic mission personnel shall consult
with human rights organizations and other appropriate nongovernmental
organizations.''.
(b) Countries Receiving Security Assistance.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at
the end the following new subsection:
``(h)(1) The report required by subsection (b) shall include the
following:
``(A) A description of the nature and extent of severe forms of
trafficking in persons, as defined in section 103 of the Trafficking
Victims Protection Act of 2000, in each foreign country.
``(B) With respect to each country that is a country of origin,
transit, or destination for victims of severe forms of trafficking in
persons, an assessment of the efforts by the government of that country
to combat such trafficking. The assessment shall address the following:
``(i) Whether government authorities in that country participate in,
facilitate, or condone such trafficking.
``(ii) Which government authorities in that country are involved in
activities to combat such trafficking.
``(iii) What steps the government of that country has taken to
prohibit government officials from participating in, facilitating, or
condoning such trafficking, including the investigation, prosecution,
and conviction of such officials.
``(iv) What steps the government of that country has taken to
prohibit other individuals from participating in such trafficking,
including the investigation, prosecution, and conviction of individuals
involved in severe forms of trafficking in persons, the criminal and
civil penalties for such trafficking, and the efficacy of those
penalties in eliminating or reducing such trafficking.
``(v) What steps the government of that country has taken to assist
victims of such trafficking, including efforts to prevent victims from
being further victimized by traffickers, government officials, or
others, grants of relief from deportation, and provision of humanitarian
relief, including provision of mental and physical health care and
shelter.
``(vi) Whether the government of that country is cooperating with
governments of other countries to extradite traffickers when requested,
or, to the extent that such cooperation would be inconsistent with the
laws of such country or with extradition treaties to which such country
is a party, whether the government of that country is taking all
appropriate measures to modify or replace such laws and treaties so as
to permit such cooperation.
``(vii) Whether the government of that country is assisting in
international investigations of transnational trafficking networks and
in other cooperative efforts to combat severe forms of trafficking in
persons.
``(viii) Whether the government of that country refrains from
prosecuting victims of severe forms of trafficking in persons due to
such victims having been trafficked, and refrains from other
discriminatory treatment of such victims.
``(ix) Whether the government of that country recognizes the rights
of victims of severe forms of trafficking in persons and ensures their
access to justice.
``(C) Such other information relating to trafficking in persons as
the Secretary of State considers appropriate.
``(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic mission personnel shall consult
with human rights organizations and other appropriate nongovernmental
organizations.''.
SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The President shall establish an Interagency Task
Force to Monitor and Combat Trafficking.
(b) Appointment.--The President shall appoint the members of the Task
Force, which shall include the Secretary of State, the Administrator of
the United States Agency for International Development, the Attorney
General, the Secretary of Labor, the Secretary of Health and Human
Services, the Director of Central Intelligence, and such other officials
as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the Secretary of
State.
(d) Activities of the Task Force.--The Task Force shall carry out the
following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United States and other
countries in the areas of trafficking prevention, protection, and
assistance to victims of trafficking, and prosecution and enforcement
against traffickers, including the role of public corruption in
facilitating trafficking. The Task Force shall have primary
responsibility for assisting the Secretary of State in the preparation
of the reports described in section 110.
(3) Expand interagency procedures to collect and organize data,
including significant research and resource information on domestic and
international trafficking. Any data collection procedures established
under this subsection shall respect the confidentiality of victims of
trafficking.
(4) Engage in efforts to facilitate cooperation among countries of
origin, transit, and destination. Such efforts shall aim to strengthen
local and regional capacities to prevent trafficking, prosecute
traffickers and assist trafficking victims, and shall include
initiatives to enhance cooperative efforts between destination countries
and countries of origin and assist in the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the international ``sex tourism'' industry
in the trafficking of persons and in the sexual exploitation of women
and children around the world.
(6) Engage in consultation and advocacy with governmental and
nongovernmental organizations, among other entities, to advance the
purposes of this division.
(e) Support for the Task Force.--The Secretary of State is authorized
to establish within the Department of State an Office to Monitor and
Combat Trafficking, which shall provide assistance to the Task Force.
Any such Office shall be headed by a Director. The Director shall have
the primary responsibility for assisting the Secretary of State in
carrying out the purposes of this division and may have additional
responsibilities as determined by the Secretary. The Director shall
consult with nongovernmental organizations and multilateral
organizations, and with trafficking victims or other affected persons.
The Director shall have the authority to take evidence in public
hearings or by other means. The agencies represented on the Task Force
are authorized to provide staff to the Office on a nonreimbursable
basis.
SEC. 106. PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter Trafficking.--The
President shall establish and carry out international initiatives to
enhance economic opportunity for potential victims of trafficking as a
method to deter trafficking. Such initiatives may include--
(1) microcredit lending programs, training in business development,
skills training, and job counseling;
(2) programs to promote women's participation in economic
decisionmaking;
(3) programs to keep children, especially girls, in elementary and
secondary schools, and to educate persons who have been victims of
trafficking;
(4) development of educational curricula regarding the dangers of
trafficking; and
(5) grants to nongovernmental organizations to accelerate and
advance the political, economic, social, and educational roles and
capacities of women in their countries.
(b) Public Awareness and Information.--The President, acting through
the Secretary of Labor, the Secretary of Health and Human Services, the
Attorney General, and the Secretary of State, shall establish and carry
out programs to increase public awareness, particularly among potential
victims of trafficking, of the dangers of trafficking and the
protections that are available for victims of trafficking.
(c) Consultation Requirement.--The President shall consult with
appropriate nongovernmental organizations with respect to the
establishment and conduct of initiatives described in subsections (a)
and (b).
SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation with
appropriate nongovernmental organizations, shall establish and carry out
programs and initiatives in foreign countries to assist in the safe
integration, reintegration, or resettlement, as appropriate, of victims
of trafficking. Such programs and initiatives shall be designed to meet
the appropriate assistance needs of such persons and their children, as
identified by the Task Force.
(2) Additional requirement.--In establishing and conducting programs
and initiatives described in paragraph (1), the Secretary of State and
the Administrator of the United States Agency for International
Development shall take all appropriate steps to enhance cooperative
efforts among foreign countries, including countries of origin of
victims of trafficking, to assist in the integration, reintegration, or
resettlement, as appropriate, of victims of trafficking, including
stateless victims.
(b) Victims in the United States.--
(1) Assistance.--
(A) Eligibility for benefits and services.--Notwithstanding title IV
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, an alien who is a victim of a severe form of trafficking in
persons shall be eligible for benefits and services under any Federal or
State program or activity funded or administered by any official or
agency described in subparagraph (B) to the same extent as an alien who
is admitted to the United States as a refugee under section 207 of the
Immigration and Nationality Act.
(B) Requirement to expand benefits and services.--Subject to
subparagraph (C) and, in the case of nonentitlement programs, to the
availability of appropriations, the Secretary of Health and Human
Services, the Secretary of Labor, the Board of Directors of the Legal
Services Corporation, and the heads of other Federal agencies shall
expand benefits and services to victims of severe forms of trafficking
in persons in the United States, without regard to the immigration
status of such victims.
(C) Definition of victim of a severe form of trafficking in
persons.--For the purposes of this paragraph, the term ``victim of a
severe form of trafficking in persons'' means only a person--
(i) who has been subjected to an act or practice described in
section 103(8) as in effect on the date of the enactment of this Act;
and
(ii)(I) who has not attained 18 years of age; or
(II) who is the subject of a certification under subparagraph (E).
(D) Annual report.--Not later than December 31 of each year, the
Secretary of Health and Human Services, in consultation with the
Secretary of Labor, the Board of Directors of the Legal Services
Corporation, and the heads of other appropriate Federal agencies shall
submit a report, which includes information on the number of persons who
received benefits or other services under this paragraph in connection
with programs or activities funded or administered by such agencies or
officials during the preceding fiscal year, to the Committee on Ways and
Means, the Committee on International Relations, and the Committee on
the Judiciary of the House of Representatives and the Committee on
Finance, the Committee on Foreign Relations, and the Committee on the
Judiciary of the Senate.
(E) Certification.--
(i) In general.--Subject to clause (ii), the certification referred
to in subparagraph (C) is a certification by the Secretary of Health and
Human Services, after consultation with the Attorney General, that the
person referred to in subparagraph (C)(ii)(II)--
(I) is willing to assist in every reasonable way in the
investigation and prosecution of severe forms of trafficking in persons;
and
(II)(aa) has made a bona fide application for a visa under section
101(a)(15)(T) of the Immigration and Nationality Act, as added by
subsection (e), that has not been denied; or
(bb) is a person whose continued presence in the United States the
Attorney General is ensuring in order to effectuate prosecution of
traffickers in persons.
(ii) Period of effectiveness.--A certification referred to in
subparagraph (C), with respect to a person described in clause
(i)(II)(bb), shall be effective only for so long as the Attorney General
determines that the continued presence of such person is necessary to
effectuate prosecution of traffickers in persons.
(iii) Investigation and prosecution defined.--For the purpose of a
certification under this subparagraph, the term ``investigation and
prosecution'' includes--
(I) identification of a person or persons who have committed severe
forms of trafficking in persons;
(II) location and apprehension of such persons; and
(III) testimony at proceedings against such persons.
(2) Grants.--
(A) In general.--Subject to the availability of appropriations, the
Attorney General may make grants to States, Indian tribes, units of
local government, and nonprofit, nongovernmental victims' service
organizations to develop, expand, or strengthen victim service programs
for victims of trafficking.
(B) Allocation of grant funds.--Of amounts made available for grants
under this paragraph, there shall be set aside--
(i) three percent for research, evaluation, and statistics;
(ii) two percent for training and technical assistance; and
(iii) one percent for management and administration.
(C) Limitation on federal share.--The Federal share of a grant made
under this paragraph may not exceed 75 percent of the total costs of the
projects described in the application submitted.
(c) Trafficking Victim Regulations.--Not later than 180 days after
the date of enactment of this Act, the Attorney General and the
Secretary of State shall promulgate regulations for law enforcement
personnel, immigration officials, and Department of State officials to
implement the following:
(1) Protections while in custody.--Victims of severe forms of
trafficking, while in the custody of the Federal Government and to the
extent practicable, shall--
(A) not be detained in facilities inappropriate to their status as
crime victims;
(B) receive necessary medical care and other assistance; and
(C) be provided protection if a victim's safety is at risk or if
there is danger of additional harm by recapture of the victim by a
trafficker, including--
(i) taking measures to protect trafficked persons and their family
members from intimidation and threats of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and identifying information of
trafficked persons and their family members are not disclosed to the
public.
(2) Access to information.--Victims of severe forms of trafficking
shall have access to information about their rights and translation
services.
(3) Authority to permit continued presence in the united
states.--Federal law enforcement officials may permit an alien
individual's continued presence in the United States, if after an
assessment, it is determined that such individual is a victim of a
severe form of trafficking and a potential witness to such trafficking,
in order to effectuate prosecution of those responsible, and such
officials in investigating and prosecuting traffickers shall protect the
safety of trafficking victims, including taking measures to protect
trafficked persons and their family members from intimidation, threats
of reprisals, and reprisals from traffickers and their associates.
(4) Training of government personnel.--Appropriate personnel of the
Department of State and the Department of Justice shall be trained in
identifying victims of severe forms of trafficking and providing for the
protection of such victims.
(d) Construction.--Nothing in subsection (c) shall be construed as
creating any private cause of action against the United States or its
officers or employees.
(e) Protection From Removal for Certain Crime Victims.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) by striking ``or'' at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph (S) and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(T)(i) subject to section 214(n), an alien who the Attorney
General determines--
``(I) is or has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking Victims Protection
Act of 2000,
``(II) is physically present in the United States, American Samoa,
or the Commonwealth of the Northern Mariana Islands, or at a port of
entry thereto, on account of such trafficking,
``(III)(aa) has complied with any reasonable request for assistance
in the investigation or prosecution of acts of trafficking, or
``(bb) has not attained 15 years of age, and
``(IV) the alien would suffer extreme hardship involving unusual and
severe harm upon removal; and
``(ii) if the Attorney General considers it necessary to avoid
extreme hardship--
``(I) in the case of an alien described in clause (i) who is under
21 years of age, the spouse, children, and parents of such alien; and
``(II) in the case of an alien described in clause (i) who is 21
years of age or older, the spouse and children of such alien,
if accompanying, or following to join, the alien described in clause
(i).''.
(2) Conditions of nonimmigrant status.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(A) by redesignating the subsection (l) added by section 625(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104 208; 110 Stat. 3009 1820) as subsection (m); and
(B) by adding at the end the following:
``(n)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial reason to
believe that the alien has committed an act of a severe form of
trafficking in persons (as defined in section 103 of the Trafficking
Victims Protection Act of 2000).
``(2) The total number of aliens who may be issued visas or otherwise
provided nonimmigrant status during any fiscal year under section
101(a)(15)(T) may not exceed 5,000.
``(3) The numerical limitation of paragraph (2) shall only apply to
principal aliens and not to the spouses, sons, daughters, or parents of
such aliens.''.
(3) Waiver of grounds for ineligibility for admission.--Section
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is
amended by adding at the end the following:
``(13)(A) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 101(a)(15)(T).
``(B) In addition to any other waiver that may be available under
this section, in the case of a nonimmigrant described in section
101(a)(15)(T), if the Attorney General considers it to be in the
national interest to do so, the Attorney General, in the Attorney
General's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection (a); and
``(ii) any other provision of such subsection (excluding paragraphs
(3), (10)(C), and (10(E)) if the activities rendering the alien
inadmissible under the provision were caused by, or were incident to,
the victimization described in section 101(a)(15)(T)(i)(I).''.
(4) Duties of the attorney general with respect to ``t'' visa
nonimmigrants.--Section 101 of the Immigration and Nationality Act (8
U.S.C. 1101) is amended by adding at the end the following new
subsection:
``(i) With respect to each nonimmigrant alien described in subsection
(a)(15)(T)(i)--
``(1) the Attorney General and other Government officials, where
appropriate, shall provide the alien with a referral to a
nongovernmental organization that would advise the alien regarding the
alien's options while in the United States and the resources available
to the alien; and
``(2) the Attorney General shall, during the period the alien is in
lawful temporary resident status under that subsection, grant the alien
authorization to engage in employment in the United States and provide
the alien with an `employment authorized' endorsement or other
appropriate work permit.''.
(5) Statutory construction.--Nothing in this section, or in the
amendments made by this section, shall be construed as prohibiting the
Attorney General from instituting removal proceedings under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a) against an alien
admitted as a nonimmigrant under section 101(a)(15)(T)(i) of that Act,
as added by subsection (e), for conduct committed after the alien's
admission into the United States, or for conduct or a condition that was
not disclosed to the Attorney General prior to the alien's admission as
a nonimmigrant under such section 101(a)(15)(T)(i).
(f) Adjustment to Permanent Resident Status.--Section 245 of such Act
(8 U.S.C 1255) is amended by adding at the end the following new
subsection:
``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant
admitted into the United States under section 101(a)(15)(T)(i)--
``(A) has been physically present in the United States for a
continuous period of at least 3 years since the date of admission as a
nonimmigrant under section 101(a)(15)(T)(i),
``(B) has, throughout such period, been a person of good moral
character, and
``(C)(i) has, during such period, complied with any reasonable
request for assistance in the investigation or prosecution of acts of
trafficking, or
``(ii) the alien would suffer extreme hardship involving unusual and
severe harm upon removal from the United States,
the Attorney General may adjust the status of the alien (and any
person admitted under that section as the spouse, parent, or child of
the alien) to that of an alien lawfully admitted for permanent
residence.
``(2) Paragraph (1) shall not apply to an alien admitted under
section 101(a)(15)(T) who is inadmissible to the United States by reason
of a ground that has not been waived under section 212, except that, if
the Attorney General considers it to be in the national interest to do
so, the Attorney General, in the Attorney General's discretion, may
waive the application of--
``(A) paragraphs (1) and (4) of section 212(a); and
``(B) any other provision of such section (excluding paragraphs (3),
(10)(C), and (10(E)), if the activities rendering the alien inadmissible
under the provision were caused by, or were incident to, the
victimization described in section 101(a)(15)(T)(i)(I).
``(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)(A)
if the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding 180
days.
``(3)(A) The total number of aliens whose status may be adjusted
under paragraph (1) during any fiscal year may not exceed 5,000.
``(B) The numerical limitation of subparagraph (A) shall only apply
to principal aliens and not to the spouses, sons, daughters, or parents
of such aliens.
``(4) Upon the approval of adjustment of status under paragraph (1),
the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval.''.
(g) Annual Reports.--On or before October 31 of each year, the
Attorney General shall submit a report to the appropriate congressional
committees setting forth, with respect to the preceding fiscal year, the
number, if any, of otherwise eligible applicants who did not receive
visas under section 101(a)(15)(T) of the Immigration and Nationality
Act, as added by subsection (e), or who were unable to adjust their
status under section 245(l) of such Act, solely on account of the
unavailability of visas due to a limitation imposed by section 214(n)(1)
or 245(l)(4)(A) of such Act.
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this division, the minimum
standards for the elimination of trafficking applicable to the
government of a country of origin, transit, or destination for a
significant number of victims of severe forms of trafficking are the
following:
(1) The government of the country should prohibit severe forms of
trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a death,
the government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the government of the country should prescribe
punishment that is sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained
efforts to eliminate severe forms of trafficking in persons.
(b) Criteria.--In determinations under subsection (a)(4), the
following factors should be considered as indicia of serious and
sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously investigates
and prosecutes acts of severe forms of trafficking in persons that take
place wholly or partly within the territory of the country.
(2) Whether the government of the country protects victims of severe
forms of trafficking in persons and encourages their assistance in the
investigation and prosecution of such trafficking, including provisions
for legal alternatives to their removal to countries in which they would
face retribution or hardship, and ensures that victims are not
inappropriately incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked.
(3) Whether the government of the country has adopted measures to
prevent severe forms of trafficking in persons, such as measures to
inform and educate the public, including potential victims, about the
causes and consequences of severe forms of trafficking in persons.
(4) Whether the government of the country cooperates with other
governments in the investigation and prosecution of severe forms of
trafficking in persons.
(5) Whether the government of the country extradites persons charged
with acts of severe forms of trafficking in persons on substantially the
same terms and to substantially the same extent as persons charged with
other serious crimes (or, to the extent such extradition would be
inconsistent with the laws of such country or with international
agreements to which the country is a party, whether the government is
taking all appropriate measures to modify or replace such laws and
treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration and
emigration patterns for evidence of severe forms of trafficking in
persons and whether law enforcement agencies of the country respond to
any such evidence in a manner that is consistent with the vigorous
investigation and prosecution of acts of such trafficking, as well as
with the protection of human rights of victims and the internationally
recognized human right to leave any country, including one's own, and to
return to one's own country.
(7) Whether the government of the country vigorously investigates
and prosecutes public officials who participate in or facilitate severe
forms of trafficking in persons, and takes all appropriate measures
against officials who condone such trafficking.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by adding at the end the following new section:
``SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
``(a) Authorization.--The President is authorized to provide
assistance to foreign countries directly, or through nongovernmental and
multilateral organizations, for programs, projects, and activities
designed to meet the minimum standards for the elimination of
trafficking (as defined in section 103 of the Trafficking Victims
Protection Act of 2000), including--
``(1) the drafting of laws to prohibit and punish acts of trafficking;
``(2) the investigation and prosecution of traffickers;
``(3) the creation and maintenance of facilities, programs,
projects, and activities for the protection of victims; and
``(4) the expansion of exchange programs and international visitor
programs for governmental and nongovernmental personnel to combat
trafficking.
``(b) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act) and
the Support for East European Democracy (SEED) Act of 1989 shall be made
available to carry out this section.''.
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
(a) Statement of Policy.--It is the policy of the United States not
to provide nonhumanitarian, nontrade-related foreign assistance to any
government that--
(1) does not comply with minimum standards for the elimination of
trafficking; and
(2) is not making significant efforts to bring itself into
compliance with such standards.
(b) Reports to Congress.--
(1) Annual report.--Not later than June 1 of each year, the
Secretary of State shall submit to the appropriate congressional
committees a report with respect to the status of severe forms of
trafficking in persons that shall include--
(A) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and whose
governments fully comply with such standards;
(B) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and whose
governments do not yet fully comply with such standards but are making
significant efforts to bring themselves into compliance; and
(C) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and whose
governments do not fully comply with such standards and are not making
significant efforts to bring themselves into compliance.
(2) Interim reports.--In addition to the annual report under
paragraph (1), the Secretary of State may submit to the appropriate
congressional committees at any time one or more interim reports with
respect to the status of severe forms of trafficking in persons,
including information about countries whose governments--
(A) have come into or out of compliance with the minimum standards
for the elimination of trafficking; or
(B) have begun or ceased to make significant efforts to bring
themselves into compliance,
since the transmission of the last annual report.
(3) Significant efforts.--In determinations under paragraph (1) or
(2) as to whether the government of a country is making significant
efforts to bring itself into compliance with the minimum standards for
the elimination of trafficking, the Secretary of State shall consider--
(A) the extent to which the country is a country of origin, transit,
or destination for severe forms of trafficking;
(B) the extent of noncompliance with the minimum standards by the
government and, particularly, the extent to which officials or employees
of the government have participated in, facilitated, condoned, or are
otherwise complicit in severe forms of trafficking; and
(C) what measures are reasonable to bring the government into
compliance with the minimum standards in light of the resources and
capabilities of the government.
(c) Notification.--Not less than 45 days or more than 90 days after
the submission, on or after January 1, 2003, of an annual report under
subsection (b)(1), or an interim report under subsection (b)(2), the
President shall submit to the appropriate congressional committees a
notification of one of the determinations listed in subsection (d) with
respect to each foreign country whose government, according to such
report--
(A) does not comply with the minimum standards for the elimination
of trafficking; and
(B) is not making significant efforts to bring itself into
compliance, as described in subsection (b)(1)(C).
(d) Presidential Determinations.--The determinations referred to in
subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The President has determined that--
(A)(i) the United States will not provide nonhumanitarian,
nontrade-related foreign assistance to the government of the country for
the subsequent fiscal year until such government complies with the
minimum standards or makes significant efforts to bring itself into
compliance; or
(ii) in the case of a country whose government received no
nonhumanitarian, nontrade-related foreign assistance from the United
States during the previous fiscal year, the United States will not
provide funding for participation by officials or employees of such
governments in educational and cultural exchange programs for the
subsequent fiscal year until such government complies with the minimum
standards or makes significant efforts to bring itself into compliance;
and
(B) the President will instruct the United States Executive Director
of each multilateral development bank and of the International Monetary
Fund to vote against, and to use the Executive Director's best efforts
to deny, any loan or other utilization of the funds of the respective
institution to that country (other than for humanitarian assistance, for
trade-related assistance, or for development assistance which directly
addresses basic human needs, is not administered by the government of
the sanctioned country, and confers no benefit to that government) for
the subsequent fiscal year until such government complies with the
minimum standards or makes significant efforts to bring itself into
compliance.
(2) Ongoing, multiple, broad-based restrictions on assistance in
response to human rights violations.--The President has determined that
such country is already subject to multiple, broad-based restrictions on
assistance imposed in significant part in response to human rights
abuses and such restrictions are ongoing and are comparable to the
restrictions provided in paragraph (1). Such determination shall be
accompanied by a description of the specific restriction or restrictions
that were the basis for making such determination.
(3) Subsequent compliance.--The Secretary of State has determined
that the government of the country has come into compliance with the
minimum standards or is making significant efforts to bring itself into
compliance.
(4) Continuation of assistance in the national
interest.--Notwithstanding the failure of the government of the country
to comply with minimum standards for the elimination of trafficking and
to make significant efforts to bring itself into compliance, the
President has determined that the provision to the country of
nonhumanitarian, nontrade-related foreign assistance, or the
multilateral assistance described in paragraph (1)(B), or both, would
promote the purposes of this division or is otherwise in the national
interest of the United States.
(5) Exercise of waiver authority.--
(A) In general.--The President may exercise the authority under
paragraph (4) with respect to--
(i) all nonhumanitarian, nontrade-related foreign assistance to a
country;
(ii) all multilateral assistance described in paragraph (1)(B) to a
country; or
(iii) one or more programs, projects, or activities of such
assistance.
(B) Avoidance of significant adverse effects.--The President shall
exercise the authority under paragraph (4) when necessary to avoid
significant adverse effects on vulnerable populations, including women
and children.
(6) Definition of multilateral development bank.--In this
subsection, the term ``multilateral development bank'' refers to any of
the following institutions: the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the Asian Development Bank, the Inter-American Investment Corporation,
the African Development Bank, the African Development Fund, the European
Bank for Reconstruction and Development, and the Multilateral Investment
Guaranty Agency.
(e) Certification.--Together with any notification under subsection
(c), the President shall provide a certification by the Secretary of
State that, with respect to any assistance described in clause (ii),
(iii), or (v) of section 103(7)(A), or with respect to any assistance
described in section 103(7)(B), no assistance is intended to be received
or used by any agency or official who has participated in, facilitated,
or condoned a severe form of trafficking in persons.
SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.
(a) Authority To Sanction Significant Traffickers in Persons.--
(1) In general.--The President may exercise the authorities set
forth in section 203 of the International Emergency Economic Powers Act
(50 U.S.C. 1701) without regard to section 202 of that Act (50 U.S.C.
1701) in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe
form of trafficking in persons, directly or indirectly in the United
States.
(B) Foreign persons that materially assist in, or provide financial
or technological support for or to, or provide goods or services in
support of, activities of a significant foreign trafficker in persons
identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or
acting for or on behalf of, a significant foreign trafficker identified
pursuant to subparagraph (A).
(2) Penalties.--The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) apply to
violations of any license, order, or regulation issued under this
section.
(b) Report to Congress on Identification and Sanctioning of
Significant Traffickers in Persons.--
(1) In general.--Upon exercising the authority of subsection (a),
the President shall report to the appropriate congressional committees--
(A) identifying publicly the foreign persons that the President
determines are appropriate for sanctions pursuant to this section and
the basis for such determination; and
(B) detailing publicly the sanctions imposed pursuant to this section.
(2) Removal of sanctions.--Upon suspending or terminating any action
imposed under the authority of subsection (a), the President shall
report to the committees described in paragraph (1) on such suspension
or termination.
(3) Submission of classified information.--Reports submitted under
this subsection may include an annex with classified information
regarding the basis for the determination made by the President under
paragraph (1)(A).
(c) Law Enforcement and Intelligence Activities Not
Affected.--Nothing in this section prohibits or otherwise limits the
authorized law enforcement or intelligence activities of the United
States, or the law enforcement activities of any State or subdivision
thereof.
(d) Exclusion of Persons Who Have Benefited From Illicit Activities
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end
the following new subparagraph:
``(H) Significant traffickers in persons.--
``(i) In general.--Any alien who is listed in a report submitted
pursuant to section 111(b) of the Trafficking Victims Protection Act of
2000, or who the consular officer or the Attorney General knows or has
reason to believe is or has been a knowing aider, abettor, assister,
conspirator, or colluder with such a trafficker in severe forms of
trafficking in persons, as defined in the section 103 of such Act, is
inadmissible.
``(ii) Beneficiaries of trafficking.--Except as provided in clause
(iii), any alien who the consular officer or the Attorney General knows
or has reason to believe is the spouse, son, or daughter of an alien
inadmissible under clause (i), has, within the previous 5 years,
obtained any financial or other benefit from the illicit activity of
that alien, and knew or reasonably should have known that the financial
or other benefit was the product of such illicit activity, is
inadmissible.
``(iii) Exception for certain sons and daughters.--Clause (ii) shall
not apply to a son or daughter who was a child at the time he or she
received the benefit described in such clause.''.
(e) Implementation.--
(1) Delegation of authority.--The President may delegate any
authority granted by this section, including the authority to designate
foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a).
(2) Promulgation of rules and regulations.--The head of any agency,
including the Secretary of Treasury, is authorized to take such actions
as may be necessary to carry out any authority delegated by the
President pursuant to paragraph (1), including promulgating rules and
regulations.
(3) Opportunity for review.--Such rules and regulations shall
include procedures affording an opportunity for a person to be heard in
an expeditious manner, either in person or through a representative, for
the purpose of seeking changes to or termination of any determination,
order, designation or other action associated with the exercise of the
authority in subsection (a).
(f) Definition of Foreign Persons.--In this section, the term
``foreign person'' means any citizen or national of a foreign state or
any entity not organized under the laws of the United States, including
a foreign government official, but does not include a foreign state.
(g) Construction.--Nothing in this section shall be construed as
precluding judicial review of the exercise of the authority described in
subsection (a).
SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) Title 18 Amendments.--Chapter 77 of title 18, United States Code,
is amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ``10 years'' and inserting ``20 years''; and
(B) by adding at the end the following: ``If death results from the
violation of this section, or if the violation includes kidnapping or an
attempt to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant shall be
fined under this title or imprisoned for any term of years or life, or
both.'';
(2) by inserting at the end the following:
``1589. Forced labor
``Whoever knowingly provides or obtains the labor or services of a
person--
``(1) by threats of serious harm to, or physical restraint against,
that person or another person;
``(2) by means of any scheme, plan, or pattern intended to cause the
person to believe that, if the person did not perform such labor or
services, that person or another person would suffer serious harm or
physical restraint; or
``(3) by means of the abuse or threatened abuse of law or the legal
process,
shall be fined under this title or imprisoned not more than 20 years,
or both. If death results from the violation of this section, or if the
violation includes kidnapping or an attempt to kidnap, aggravated sexual
abuse or the attempt to commit aggravated sexual abuse, or an attempt to
kill, the defendant shall be fined under this title or imprisoned for
any term of years or life, or both.
``1590. Trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor
``Whoever knowingly recruits, harbors, transports, provides, or
obtains by any means, any person for labor or services in violation of
this chapter shall be fined under this title or imprisoned not more than
20 years, or both. If death results from the violation of this section,
or if the violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse, or the attempt to commit aggravated sexual
abuse, or an attempt to kill, the defendant shall be fined under this
title or imprisoned for any term of years or life, or both.
``1591. Sex trafficking of children or by force, fraud or coercion
``(a) Whoever knowingly--
``(1) in or affecting interstate commerce, recruits, entices,
harbors, transports, provides, or obtains by any means a person; or
``(2) benefits, financially or by receiving anything of value, from
participation in a venture which has engaged in an act described in
violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2)
will be used to cause the person to engage in a commercial sex act, or
that the person has not attained the age of 18 years and will be caused
to engage in a commercial sex act, shall be punished as provided in
subsection (b).
``(b) The punishment for an offense under subsection (a) is--
``(1) if the offense was effected by force, fraud, or coercion or if
the person transported had not attained the age of 14 years at the time
of such offense, by a fine under this title or imprisonment for any term
of years or for life, or both; or
``(2) if the offense was not so effected, and the person transported
had attained the age of 14 years but had not attained the age of 18
years at the time of such offense, by a fine under this title or
imprisonment for not more than 20 years, or both.
``(c) In this section:
``(1) The term `commercial sex act' means any sex act, on account of
which anything of value is given to or received by any person.''
``(2) The term `coercion' means--
``(A) threats of serious harm to or physical restraint against any
person;
``(B) any scheme, plan, or pattern intended to cause a person to
believe that failure to perform an act would result in serious harm to
or physical restraint against any person; or
``(C) the abuse or threatened abuse of law or the legal process.
``(3) The term `venture' means any group of 2 or more individuals
associated in fact, whether or not a legal entity.
``1592. Unlawful conduct with respect to documents in
furtherance of trafficking, peonage, slavery, involuntary servitude, or
forced labor
``(a) Whoever knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration
document, or any other actual or purported government identification
document, of another person--
``(1) in the course of a violation of section 1581, 1583, 1584,
1589, 1590, 1591, or 1594(a);
``(2) with intent to violate section 1581, 1583, 1584, 1589, 1590,
or 1591; or
``(3) to prevent or restrict or to attempt to prevent or restrict,
without lawful authority, the person's liberty to move or travel, in
order to maintain the labor or services of that person, when the person
is or has been a victim of a severe form of trafficking in persons, as
defined in section 103 of the Trafficking Victims Protection Act of
2000;
shall be fined under this title or imprisoned for not more than 5
years, or both.
``(b) Subsection (a) does not apply to the conduct of a person who is
or has been a victim of a severe form of trafficking in persons, as
defined in section 103 of the Trafficking Victims Protection Act of
2000, if that conduct is caused by, or incident to, that trafficking.
``1593. Mandatory restitution
``(a) Notwithstanding sections 3663 or 3663A, and in addition to any
other civil or criminal penalties authorized by law, the court shall
order restitution for any offense under this chapter.
``(b)(1) The order of restitution under this section shall direct the
defendant to pay the victim (through the appropriate court mechanism)
the full amount of the victim's losses, as determined by the court under
paragraph (3) of this subsection.
``(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order
under section 3663A.
``(3) As used in this subsection, the term `full amount of the
victim's losses' has the same meaning as provided in section 2259(b)(3)
and shall in addition include the greater of the gross income or value
to the defendant of the victim's services or labor or the value of the
victim's labor as guaranteed under the minimum wage and overtime
guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
``(c) As used in this section, the term `victim' means the individual
harmed as a result of a crime under this chapter, including, in the case
of a victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardian of the victim or a representative of the
victim's estate, or another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant be named
such representative or guardian.
``1594. General provisions
``(a) Whoever attempts to violate section 1581, 1583, 1584, 1589,
1590, or 1591 shall be punishable in the same manner as a completed
violation of that section.
``(b) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person shall forfeit to the United States--
``(1) such person's interest in any property, real or personal, that
was used or intended to be used to commit or to facilitate the
commission of such violation; and
``(2) any property, real or personal, constituting or derived from,
any proceeds that such person obtained, directly or indirectly, as a
result of such violation.
``(c)(1) The following shall be subject to forfeiture to the United
States and no property right shall exist in them:
``(A) Any property, real or personal, used or intended to be used to
commit or to facilitate the commission of any violation of this chapter.
``(B) Any property, real or personal, which constitutes or is
derived from proceeds traceable to any violation of this chapter.
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.
``(d) Witness Protection.--Any violation of this chapter shall be
considered an organized criminal activity or other serious offense for
the purposes of application of chapter 224 (relating to witness
protection).''; and
(3) by amending the table of sections at the beginning of chapter 77
by adding at the end the following new items:
``1589. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor.
``1591. Sex trafficking of children or by force, fraud, or coercion.
``1592. Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary servitude, or forced
labor.
``1593. Mandatory restitution.
``1594. General provisions.''.
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend the
sentencing guidelines and policy statements applicable to persons
convicted of offenses involving the trafficking of persons including
component or related crimes of peonage, involuntary servitude, slave
trade offenses, and possession, transfer or sale of false immigration
documents in furtherance of trafficking, and the Fair Labor Standards
Act and the Migrant and Seasonal Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing Commission shall--
(A) take all appropriate measures to ensure that these sentencing
guidelines and policy statements applicable to the offenses described in
paragraph (1) of this subsection are sufficiently stringent to deter and
adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to
offenses involving trafficking in persons to the guidelines applicable
to peonage, involuntary servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted
of the offenses described in paragraph (1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant violations;
(iii) involve the use or threatened use of a dangerous weapon; or
(iv) result in the death or bodily injury of any person.
(3) The Commission may promulgate the guidelines or amendments under
this subsection in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority under that
Act had not expired.
SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations in Support of the Task Force.--To
carry out the purposes of sections 104, 105, and 110, there are
authorized to be appropriated to the Secretary of State $1,500,000 for
fiscal year 2001 and $3,000,000 for fiscal year 2002.
(b) Authorization of Appropriations to the Secretary of Health and
Human Services.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Health and Human
Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002.
(c) Authorization of Appropriations to the Secretary of State.--
(1) Assistance for victims in other countries.--To carry out the
purposes of section 107(a), there are authorized to be appropriated to
the Secretary of State $5,000,000 for fiscal year 2001 and $10,000,000
for fiscal year 2002.
(2) Voluntary contributions to osce.--To carry out the purposes of
section 109, there are authorized to be appropriated to the Secretary of
State $300,000 for voluntary contributions to advance projects aimed at
preventing trafficking, promoting respect for human rights of
trafficking victims, and assisting the Organization for Security and
Cooperation in Europe participating states in related legal reform for
fiscal year 2001.
(3) Preparation of annual country reports on human rights.--To carry
out the purposes of section 104, there are authorized to be appropriated
to the Secretary of State such sums as may be necessary to include the
additional information required by that section in the annual Country
Reports on Human Rights Practices, including the preparation and
publication of the list described in subsection (a)(1) of that section.
(d) Authorization of Appropriations to Attorney General.--To carry
out the purposes of section 107(b), there are authorized to be
appropriated to the Attorney General $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the purposes of section
106, there are authorized to be appropriated to the President $5,000,000
for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(2) Assistance to foreign countries to meet minimum standards.--To
carry out the purposes of section 109, there are authorized to be
appropriated to the President $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(f) Authorization of Appropriations to the Secretary of Labor.--To
carry out the purposes of section 107(b), there are authorized to be
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001
and $10,000,000 for fiscal year 2002.
DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Violence Against Women Act of
2000''.
SEC. 1002. DEFINITIONS.
In this division--
(1) the term ``domestic violence'' has the meaning given the term in
section 2003 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg 2); and
(2) the term ``sexual assault'' has the meaning given the term in
section 2003 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg 2).
SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.
(a) Report by Grant Recipients.--The Attorney General or Secretary of
Health and Human Services, as applicable, shall require grantees under
any program authorized or reauthorized by this division or an amendment
made by this division to report on the effectiveness of the activities
carried out with amounts made available to carry out that program,
including number of persons served, if applicable, numbers of persons
seeking services who could not be served and such other information as
the Attorney General or Secretary may prescribe.
(b) Report to Congress.--The Attorney General or Secretary of Health
and Human Services, as applicable, shall report biennially to the
Committees on the Judiciary of the House of Representatives and the
Senate on the grant programs described in subsection (a), including the
information contained in any report under that subsection.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN
SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the heading, by adding `` AND ENFORCEMENT OF PROTECTION
ORDERS'' at the end;
(2) in section 2101(b)--
(A) in paragraph (6), by inserting ``(including juvenile courts)''
after ``courts''; and
(B) by adding at the end the following:
``(7) To provide technical assistance and computer and other
equipment to police departments,
prosecutors, courts, and tribal jurisdictions to facilitate
the widespread enforcement of protection orders, including interstate
enforcement, enforcement between States and tribal jurisdictions, and
enforcement between tribal jurisdictions.''; and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and'' at the end;
(ii) in paragraph (2), by striking the period at the end and
inserting ``, including the enforcement of protection orders from other
States and jurisdictions (including tribal jurisdictions);''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements or can demonstrate
effective ongoing collaborative arrangements with neighboring
jurisdictions to facilitate the enforcement of protection orders from
other States and jurisdictions (including tribal jurisdictions); and
``(4) in applications describing plans to further the purposes
stated in paragraph (4) or (7) of section 2101(b), will give priority to
using the grant to develop and install data collection and communication
systems, including computerized systems, and training on how to use
these systems effectively to link police, prosecutors, courts, and
tribal jurisdictions for the purpose of identifying and tracking
protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully
effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in this section.
Such dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) Protection Orders.--
(1) Filing costs.--Section 2006 of part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg 5) is
amended--
(A) in the heading, by striking `` FILING'' and inserting `` AND
PROTECTION ORDERS'' after `` CHARGES ''; |
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