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[Congressional Record: October 5, 2000 (House)]
[Page H8855-H8886]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr05oc00-55]
CONFERENCE REPORT ON H.R. 3244, VICTIMS OF TRAFFICKING AND VIOLENCE
PROTECTION ACT OF 2000
Mr. SMITH of New Jersey submitted the following conference report and
statement on the bill (H.R. 3244) 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:
Conference Report (H. Rept. 106-939)
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.
[[Page H8856]]
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
[[Page H8857]]
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
[[Page H8858]]
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;
[[Page H8859]]
(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
[[Page H8860]]
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
[[Page H8861]]
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:
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
[[Page H8862]]
``Sec. 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.
``Sec. 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
[[Page H8863]]
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'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or
service of a protection order, or a petition for a protection
order, to protect a victim of domestic violence, stalking, or
sexual assault, that the victim bear the costs associated
with the filing of criminal charges against the offender, or
the costs associated with the filing, issuance, registration,
or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside
or outside the State, tribal, or local jurisdiction; or'';
and
(ii) in paragraph (2)(B), by striking ``2 years'' and
inserting ``2 years after the date of enactment of the
Violence Against Women Act of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection
order' has the meaning given the term in section 2266 of
title 18, United States Code.''.
(2) Eligibility for grants to encourage arrest policies.--
Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended--
(A) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or
service of a protection order, or a petition for a protection
order, to protect a victim of domestic violence, stalking, or
sexual assault, that the victim bear the costs associated
with the filing of criminal charges against the offender, or
the costs associated with the filing, issuance, registration,
or service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued inside
or outside the State, tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection
order' has the meaning given the term in section 2266 of
title 18, United States Code.''.
(3) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by inserting before the semicolon the
following: ``or, in the case of the condition set forth in
subsection 2101(c)(4), the expiration of the 2-year period
beginning on the date of enactment of the Violence Against
Women Act of 2000''.
(4) Registration for protection orders.--Section 2265 of
title 18, United States Code, is amended by adding at the end
the following:
``(d) Notification and Registration.--
``(1) Notification.--A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify or require notification of the
party against whom a protection order has been issued that
the protection order has been registered or filed in that
enforcing State or tribal jurisdiction unless requested to do
so by the party protected under such order.
``(2) No prior registration or filing as prerequisite for
enforcement.--Any protection order that is otherwise
consistent with this section shall be accorded full faith and
credit, notwithstanding failure to comply with any
requirement that the order be registered or filed in the
enforcing State or tribal jurisdiction.
``(e) Tribal Court Jurisdiction.--For purposes of this
section, a tribal court shall have full civil jurisdiction to
enforce protection orders, including authority to enforce any
orders through civil contempt proceedings, exclusion of
violators from Indian lands, and other appropriate
mechanisms, in matters arising within the authority of the
tribe.''.
(c) Technical Amendment.--The table of contents for title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended in the item relating to part
U, by adding ``and Enforcement of Protection Orders'' at the
end.
SEC. 1102. ROLE OF COURTS.
(a) Courts as Eligible STOP Subgrantees.--Part T of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is amended--
(1) in section 2001--
(A) in subsection (a), by striking ``Indian tribal
governments,'' and inserting ``State and local courts
(including juvenile courts), Indian tribal governments,
tribal courts,''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``, judges, other court
personnel,'' after ``law enforcement officers'';
(ii) in paragraph (2), by inserting ``, judges, other court
personnel,'' after ``law enforcement officers''; and
(iii) in paragraph (3), by inserting ``, court,'' after
``police''; and
(2) in section 2002--
(A) in subsection (a), by inserting ``State and local
courts (including juvenile courts),'' after ``States,'' the
second place it appears;
(B) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) of the amount granted--
``(A) not less than 25 percent shall be allocated to police
and not less than 25 percent shall be allocated to
prosecutors;
``(B) not less than 30 percent shall be allocated to victim
services; and
``(C) not less than 5 percent shall be allocated for State
and local courts (including juvenile courts); and''; and
(C) in subsection (d)(1), by inserting ``court,'' after
``law enforcement,''.
(b) Eligible Grantees; Use of Grants for Education.--
Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is
amended--
(1) in subsection (a), by inserting ``State and local
courts (including juvenile courts), tribal courts,'' after
``Indian tribal governments,'';
(2) in subsection (b)--
(A) by inserting ``State and local courts (including
juvenile courts),'' after ``Indian tribal governments'';
(B) in paragraph (2), by striking ``policies and'' and
inserting ``policies, educational programs, and'';
(C) in paragraph (3), by inserting ``parole and probation
officers,'' after ``prosecutors,''; and
(D) in paragraph (4), by inserting ``parole and probation
officers,'' after ``prosecutors,'';
(3) in subsection (c), by inserting ``State and local
courts (including juvenile courts),'' after ``Indian tribal
governments''; and
(4) by adding at the end the following:
``(e) Allotment for Indian Tribes.--Not less than 5 percent
of the total amount made available for grants under this
section for each fiscal year shall be available for grants to
Indian tribal governments.''.
SEC. 1103. REAUTHORIZATION OF STOP GRANTS.
(a) Reauthorization.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by striking paragraph (18) and inserting
the following:
``(18) There is authorized to be appropriated to carry out
part T $185,000,000 for each of fiscal years 2001 through
2005.''.
(b) Grant Purposes.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended--
(1) in section 2001--
(A) in subsection (b)--
(i) in paragraph (5), by striking ``racial, cultural,
ethnic, and language minorities'' and inserting ``underserved
populations'';
(ii) in paragraph (6), by striking ``and'' at the end;
(iii) in paragraph (7), by striking the period at the end
and inserting a semicolon; and
(iv) by adding at the end the following:
``(8) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported by
State funds, to coordinate the response of State law
enforcement agencies, prosecutors, courts, victim services
agencies, and other State agencies and departments, to
violent crimes against women, including the crimes of sexual
assault, domestic violence, and dating violence;
``(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;''; and
(B) by adding at the end the following:
``(c) State Coalition Grants.--
``(1) Purpose.--The Attorney General shall award grants to
each State domestic violence coalition and sexual assault
coalition for the purposes of coordinating State victim
services activities, and collaborating and coordinating with
Federal, State, and local entities engaged in violence
against women activities.
``(2) Grants to state coalitions.--The Attorney General
shall award grants to--
``(A) each State domestic violence coalition, as determined
by the Secretary of Health and Human Services through the
Family Violence Prevention and Services Act (42 U.S.C. 10410
et seq.); and
``(B) each State sexual assault coalition, as determined by
the Center for Injury Prevention and Control of the Centers
for Disease Control and Prevention under the Public Health
Service Act (42 U.S.C. 280b et seq.).
``(3) Eligibility for other grants.--Receipt of an award
under this subsection by each State domestic violence and
sexual assault coalition shall not preclude the coalition
from receiving additional grants under this part to carry out
the purposes described in subsection (b).'';
(2) in section 2002(b)--
[[Page H8864]]
(A) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(B) in paragraph (1), by striking ``4 percent'' and
inserting ``5 percent'';
(C) in paragraph (5), as redesignated, by striking
``$500,000'' and inserting ``$600,000''; and
(D) by inserting after paragraph (1) the following:
``(2) 2.5 percent shall be available for grants for State
domestic violence coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico,
and the coalition for the combined Territories of the United
States, each receiving an amount equal to \1/54\ of the total
amount made available under this paragraph for each fiscal
year;
``(3) 2.5 percent shall be available for grants for State
sexual assault coalitions under section 2001(c), with the
coalition for each State, the coalition for the District of
Columbia, the coalition for the Commonwealth of Puerto Rico,
and the coalition for the combined Territories of the United
States, each receiving an amount equal to \1/54\ of the total
amount made available under this paragraph for each fiscal
year;
``(4) \1/54\ shall be available for the development and
operation of nonprofit tribal domestic violence and sexual
assault coalitions in Indian country;'';
(3) in section 2003, by striking paragraph (7) and
inserting the following:
``(7) the term `underserved populations' includes
populations underserved because of geographic location (such
as rural isolation), underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved
by the State planning process in consultation with the
Attorney General;'' and
(4) in section 2004(b)(3), by inserting ``, and the
membership of persons served in any underserved population''
before the semicolon.
SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST
POLICIES.
Section 1001(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by
striking paragraph (19) and inserting the following:
``(19) There is authorized to be appropriated to carry out
part U $65,000,000 for each of fiscal years 2001 through
2005.''.
SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND
CHILD ABUSE ENFORCEMENT GRANTS.
Section 40295(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13971(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated
to carry out this section $40,000,000 for each of fiscal
years 2001 through 2005.''; and
(2) by adding at the end the following:
``(3) Allotment for indian tribes.--Not less than 5 percent
of the total amount made available to carry out this section
for each fiscal year shall be available for grants to Indian
tribal governments.''.
SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
(a) Reauthorization.--Section 40603 of the Violence Against
Women Act of 1994 (42 U.S.C. 14032) is amended to read as
follows:
``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subtitle $3,000,000 for each of fiscal years 2001 through
2005.''.
(b) Technical Amendment.--Section 40602(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 14031 note) is amended
by inserting ``and implement'' after ``improve''.
SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING
OFFENSES.
(a) Interstate Domestic Violence.--Section 2261 of title
18, United States Code, is amended by striking subsection (a)
and inserting the following:
``(a) Offenses.--
``(1) Travel or conduct of offender.--A person who travels
in interstate or foreign commerce or enters or leaves Indian
country with the intent to kill, injure, harass, or
intimidate a spouse or intimate partner, and who, in the
course of or as a result of such travel, commits or attempts
to commit a crime of violence against that spou |
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