| Home > 106th Congressional Public Laws > Pub.L. 106-387 Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2001, and for other purposes. <> ...
Pub.L. 106-387 Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2001, and for other purposes. <> ...
VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000
[[Page 114 STAT. 1464]]
Public Law 106-386
To combat trafficking in persons, especially into the sex trade,
slavery, and involuntary servitude, to reauthorize certain Federal
programs to prevent violence against women, and for other
purposes. <<NOTE: Oct. 28, 2000 - [H.R. 3244]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Victims of Trafficking and Violence
Protection Act of 2000.>> in Congress assembled,
SECTION 1. <<NOTE: 22 USC 7101 note.>> 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
(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
Sec.2.Organization of Act into divisions; table of contents.
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
Sec.102.Purposes and findings.
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.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
Sec.1106.National stalker and domestic violence reduction.
[[Page 114 STAT. 1465]]
Sec.1107.Amendments to domestic violence and stalking offenses.
Sec.1108.School and campus security.
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
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
Sec.1209.Enhancing protections for older and disabled women from
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
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
Sec.1401.Rape prevention and education.
Sec.1402.Education and training to end violence against and abuse of
women with disabilities.
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
Sec.1406.Education and training for judges and court personnel.
Sec.1407.Domestic Violence Task Force.
TITLE V--BATTERED IMMIGRANT WOMEN
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
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
Sec.1509.Access to Cuban Adjustment Act for battered immigrant spouses
Sec.1510.Access to the Nicaraguan Adjustment and Central American Relief
Act for battered spouses and children.
Sec.1511.Access to the Haitian Refugee Fairness Act of 1998 for battered
spouses and children.
Sec.1512.Access to services and legal representation for battered
Sec.1513.Protection for certain crime victims including victims of
crimes against women.
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.2002.Payment of anti-terrorism judgments.
Sec.2003.Aid to victims of terrorism.
Sec.2004.Twenty-first amendment enforcement.
[[Page 114 STAT. 1466]]
DIVISION <<NOTE: Trafficking Victims Protection Act of 2000.>> A--
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.
This division may be cited as the ``Trafficking Victims Protection
Act of 2000''.
SEC. 102. <<NOTE: 22 USC 7101.>> 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
(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
[[Page 114 STAT. 1467]]
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
(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
(16) In some countries, enforcement against traffickers is
also hindered by official indifference, by corruption, and
sometimes even by official participation in trafficking.
[[Page 114 STAT. 1468]]
(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
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