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. <> ...


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[[Page 1463]]

       VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000

[[Page 114 STAT. 1464]]

Public Law 106-386
106th Congress

                                 An Act


 
    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 
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.

[[Page 114 STAT. 1465]]

Sec.1107.Amendments to domestic violence and stalking offenses.
Sec.1108.School and campus security.
Sec.1109.Dating violence.

         TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec.1201.Legal assistance for victims.
Sec.1202.Shelter services for battered women and children.
Sec.1203.Transitional housing assistance for victims of domestic 
           violence.
Sec.1204.National domestic violence hotline.
Sec.1205.Federal victims counselors.
Sec.1206.Study of State laws regarding insurance discrimination against 
           victims of violence against women.
Sec.1207.Study of workplace effects from violence against women.
Sec.1208.Study of unemployment compensation for victims of violence 
           against women.
Sec.1209.Enhancing protections for older and disabled women from 
           domestic 
           violence and sexual assault.

         TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec.1301.Safe havens for children pilot program.
Sec.1302.Reauthorization of victims of child abuse programs.
Sec.1303.Report on effects of parental kidnapping laws in domestic 
           violence cases.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                              AGAINST WOMEN

Sec.1401.Rape prevention and education.
Sec.1402.Education and training to end violence against and abuse of 
           women with disabilities.
Sec.1403.Community initiatives.
Sec.1404.Development of research agenda identified by the Violence 
           Against Women Act of 1994.
Sec.1405.Standards, practice, and training for sexual assault forensic 
           examinations.
Sec.1406.Education and training for judges and court personnel.
Sec.1407.Domestic Violence Task Force.

                    TITLE V--BATTERED IMMIGRANT WOMEN

Sec.1501.Short title.
Sec.1502.Findings and purposes.
Sec.1503.Improved access to immigration protections of the Violence 
           Against Women Act of 1994 for battered immigrant women.
Sec.1504.Improved access to cancellation of removal and suspension of 
           deportation under the Violence Against Women Act of 1994.
Sec.1505.Offering equal access to immigration protections of the 
           Violence Against Women Act of 1994 for all qualified battered 
           immigrant self-petitioners.
Sec.1506.Restoring immigration protections under the Violence Against 
           Women Act of 1994.
Sec.1507.Remedying problems with implementation of the immigration 
           provisions of the Violence Against Women Act of 1994.
Sec.1508.Technical correction to qualified alien definition for battered 
           immigrants.
Sec.1509.Access to Cuban Adjustment Act for battered immigrant spouses 
           and 
           children.
Sec.1510.Access to the Nicaraguan Adjustment and Central American Relief 
           Act for battered spouses and children.
Sec.1511.Access to the Haitian Refugee Fairness Act of 1998 for battered 
           spouses and children.
Sec.1512.Access to services and legal representation for battered 
           immigrants.
Sec.1513.Protection for certain crime victims including victims of 
           crimes against women.

                         TITLE VI--MISCELLANEOUS

Sec.1601.Notice requirements for sexually violent offenders.
Sec.1602.Teen suicide prevention study.
Sec.1603.Decade of pain control and research.

                  DIVISION C--MISCELLANEOUS PROVISIONS

Sec.2001.Aimee's law.
Sec.2002.Payment of anti-terrorism judgments.
Sec.2003.Aid to victims of terrorism.
Sec.2004.Twenty-first 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 
        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

[[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 
        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.

[[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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