President Bush Signs Trafficking Bill into Law Strengthens and expands human trafficking laws, combats domestic trafficking Tuesday, January 10, 2006 On January 10, President Bush signed into law the Trafficking Victims Protection Reauthorization Act of 2005 (HR 972) (TVPRA). H.R.972 Title: To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes. so stating:

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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 
        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.

[[Page 114 STAT. 1469]]

            (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. <<NOTE: 22 USC 7102.>> DEFINITIONS.

    In this division:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations and the Committee on the Judiciary of the 
        Senate and the Committee on International Relations and the 
        Committee on the Judiciary of the House of Representatives.
            (2) Coercion.--The term ``coercion'' means--
                    (A) threats of serious harm to or physical restraint 
                against any person;
                    (B) any scheme, plan, or pattern intended to cause a 
                person to believe that failure to perform an act would 
                result in serious harm to or physical restraint against 
                any person; or
                    (C) the abuse or threatened abuse of the legal 
                process.
            (3) Commercial sex act.--The term ``commercial sex act'' 
        means any sex act on account of which anything of value is given 
        to or received by any person.
            (4) Debt bondage.--The term ``debt bondage'' means the 
        status or condition of a debtor arising from a pledge by the 
        debtor of his or her personal services or of those of a person 
        under his or her control as a security for debt, if the value of 
        those services as reasonably assessed is not applied toward the 
        liquidation of the debt or the length and nature of those 
        services are not respectively limited and defined.
            (5) Involuntary servitude.--The term ``involuntary 
        servitude'' includes a condition of servitude induced by means 
        of--
                    (A) any scheme, plan, or pattern intended to cause a 
                person to believe that, if the person did not enter into 
                or continue in such condition, that person or another 
                person would suffer serious harm or physical restraint; 
                or
                    (B) the abuse or threatened abuse of the legal 
                process.
            (6) Minimum standards for the elimination of trafficking.--
        The term ``minimum standards for the elimination of 
        trafficking'' means the standards set forth in section 108.
            (7) Nonhumanitarian, nontrade-related foreign assistance.--
        The term ``nonhumanitarian, nontrade-related foreign 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961, other than--

[[Page 114 STAT. 1470]]

                          (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,

[[Page 114 STAT. 1471]]

        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. <<NOTE: 22 USC 2151n.>> 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

[[Page 114 STAT. 1472]]

                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

[[Page 114 STAT. 1473]]

                all appropriate measures to modify or replace such laws 
                and treaties so as to permit such cooperation.
                    ``(vii) Whether the government of that country is 
                assisting in international investigations of 
                transnational trafficking networks and in other 
                cooperative efforts to combat severe forms of 
                trafficking in persons.
                    ``(viii) Whether the government of that country 
                refrains from prosecuting victims of severe forms of 
                trafficking in persons due to such victims having been 
                trafficked, and refrains from other discriminatory 
                treatment of such victims.
                    ``(ix) Whether the government of that country 
                recognizes the rights of victims of severe forms of 
                trafficking in persons and ensures their access to 
                justice.
            ``(C) Such other information relating to trafficking in 
        persons as the Secretary of State considers appropriate.

    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic mission personnel shall consult 
with human rights organizations and other appropriate nongovernmental 
organizations.''.

SEC. 105. <<NOTE: 22 USC 7103.>> INTERAGENCY TASK FORCE TO MONITOR AND 
            COMBAT TRAFFICKING.

    (a) Establishment.--The <<NOTE: President.>> 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.

[[Page 114 STAT. 1474]]

            (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. <<NOTE: 22 USC 7104.>> 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. <<NOTE: 22 USC 7105.>> 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,

[[Page 114 STAT. 1475]]

        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 <<NOTE: Deadline.>> 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

[[Page 114 STAT. 1476]]

                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.

[[Page 114 STAT. 1477]]

    (c) Trafficking Victim Regulations.--Not <<NOTE: Deadline.>> later 
than 180 days after the date of the enactment of this Act, the Attorney 
General and the Secretary of State shall promulgate regulations for law 
enforcement personnel, immigration officials, and Department of State 
officials to implement the following:
            (1) Protections while in custody.--Victims of severe forms 
        of trafficking, while in the custody of the Federal Government 
        and to the extent practicable, shall--
                    (A) not be detained in facilities inappropriate to 
                their status as crime victims;
                    (B) receive necessary medical care and other 
                assistance; and
                    (C) be provided protection if a victim's safety is 
                at risk or if there is danger of additional harm by 
                recapture of the victim by a trafficker, including--
                          (i) taking measures to protect trafficked 
                      persons and their family members from intimidation 
                      and threats of reprisals and reprisals from 
                      traffickers and their associates; and
                          (ii) ensuring that the names and identifying 
                      information of trafficked persons and their family 
                      members are not disclosed to the public.
            (2) Access to information.--Victims of severe forms of 
        trafficking shall have access to information about their rights 
        and translation services.
            (3) Authority to permit continued presence in the united 
        states.--Federal law enforcement officials may permit an alien 
        individual's continued presence in the United States, if after 
        an assessment, it is determined that such individual is a victim 
        of a severe form of trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of those 
        responsible, and such officials in investigating and prosecuting 
        traffickers shall protect the safety of trafficking victims, 
        including taking measures to protect trafficked persons and 
        their family members from intimidation, threats of reprisals, 
        and reprisals from traffickers and their associates.
            (4) Training of government personnel.--Appropriate personnel 
        of the Department of State and the Department of Justice shall 
        be trained in identifying victims of severe forms of trafficking 
        and providing for the protection of such victims.

    (d) Construction.--Nothing in subsection (c) shall be construed as 
creating any private cause of action against the United States or its 
officers or employees.
    (e) Protection From Removal for Certain Crime Victims.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (R);
                    (B) by striking the period at the end of 
                subparagraph (S) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(T)(i) subject to section 214(n), an alien who the 
                Attorney General determines--
                          ``(I) is or has been a victim of a severe form 
                      of trafficking in persons, as defined in section 
                      103 of the Trafficking Victims Protection Act of 
                      2000,

[[Page 114 STAT. 1478]]

                          ``(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).''.

[[Page 114 STAT. 1479]]

            (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

[[Page 114 STAT. 1480]]

        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. <<NOTE: 22 USC 7106.>> MINIMUM STANDARDS FOR THE ELIMINATION 
            OF TRAFFICKING.

    (a) Minimum Standards.--For purposes of this division, the minimum 
standards for the elimination of trafficking applicable to the 
government of a country of origin, transit, or destination for a 
significant number of victims of severe forms of trafficking are the 
following:
            (1) The government of the country should prohibit severe 
        forms of trafficking in persons and punish acts of such 
        trafficking.
            (2) For the knowing commission of any act of sex trafficking 
        involving force, fraud, coercion, or in which the victim of sex 
        trafficking is a child incapable of giving meaningful consent, 
        or of trafficking which includes rape or kidnapping or which 
        causes a death, the government of the country should prescribe 
        punishment commensurate with that for grave crimes, such as 
        forcible sexual assault.
            (3) For the knowing commission of any act of a severe form 
        of trafficking in persons, the government of the country should 
        prescribe punishment that is sufficiently stringent to deter and 
        that adequately reflects the heinous nature of the offense.
            (4) The government of the country should make serious and 
        sustained efforts to eliminate severe forms of trafficking in 
        persons.

    (b) Criteria.--In determinations under subsection (a)(4), the 
following factors should be considered as indicia of serious and 
sustained efforts to eliminate severe forms of trafficking in persons:
            (1) Whether the government of the country vigorously 
        investigates and prosecutes acts of severe forms of trafficking

[[Page 114 STAT. 1481]]

        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. <<NOTE: 22 USC 2152d.>> 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;

[[Page 114 STAT. 1482]]

            ``(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. <<NOTE: 22 USC 7107.>> 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 <<NOTE: Deadline.>> 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;

[[Page 114 STAT. 1483]]

                    (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 <<NOTE: Deadline.>> 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 <<NOTE: President.>> 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

[[Page 114 STAT. 1484]]

        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 <<NOTE: President.>> President shall exercise the 
                authority under paragraph (4) when necessary to avoid 
                significant adverse effects on vulnerable populations, 
                including women and children.
            (6) Definition of multilateral development bank.--In this 
        subsection, the term ``multilateral development bank'' refers to 
        any of the following institutions: the International Bank for 
        Reconstruction and Development, the International Development 
        Association, the International Finance Corporation, the Inter-
        American Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African Development 
        Bank, the African Development Fund, the European Bank for 
        Reconstruction and Development, and the Multilateral Investment 
        Guaranty Agency.

    (e) Certification.--Together <<NOTE: President.>> 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. <<NOTE: 22 USC 7108.>> 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:

[[Page 114 STAT. 1485]]

                    (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 <<NOTE: President.>> 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 <<NOTE: President.>> 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

[[Page 114 STAT. 1486]]

                      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. <<NOTE: 22 USC 7109.>> 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;

[[Page 114 STAT. 1487]]

            ``(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--

[[Page 114 STAT. 1488]]

                    ``(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 two 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.

``Sec. 1593. Mandatory restitution

    ``(a) Notwithstanding section 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,

[[Page 114 STAT. 1489]]

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.

[[Page 114 STAT. 1490]]

            (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. <<NOTE: 22 USC 7110.>> 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.

[[Page 114 STAT. 1491]]

    (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 <<NOTE: Violence Against Women Act of 2000.>> B--VIOLENCE 
AGAINST WOMEN ACT OF 2000

SEC. 1001. <<NOTE: 42 USC 13701 note.>> SHORT TITLE.

    This division may be cited as the ``Violence Against Women Act of 
2000''.

SEC. 1002. <<NOTE: 42 USC 3796gg-2 note.>> 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. <<NOTE: 42 USC 3789p.>> 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.

[[Page 114 STAT. 1492]]

 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 <<NOTE: 42 USC 3796hh.>> 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 <<NOTE: 42 USC 3796hh-1.>> 2102--
                    (A) in subsection (b)--
                          (i) in paragraph (1), by striking ``and'' at 
                      the end;
                          (ii) in paragraph (2), by striking the period 
                      at the end and inserting ``, including the 
                      enforcement of protection orders from other States 
                      and jurisdictions (including tribal 
                      jurisdictions);''; and
                          (iii) by adding at the end the following:
            ``(3) have established cooperative agreements or can 
        demonstrate effective ongoing collaborative arrangements with 
        neighboring jurisdictions to facilitate the enforcement of 
        protection orders from other States and jurisdictions (including 
        tribal jurisdictions); and
            ``(4) in applications describing plans to further the 
        purposes stated in paragraph (4) or (7) of section 2101(b), will 
        give priority to using the grant to develop and install data 
        collection and communication systems, including computerized 
        systems, and training on how to use these systems effectively to 
        link police, prosecutors, courts, and tribal jurisdictions for 
        the purpose of identifying and tracking protection orders and 
        violations of protection orders, in those jurisdictions where 
        such systems do not exist or are not fully effective.''; and
                    (B) by adding at the end the following:

    ``(c) Dissemination of Information.--The Attorney General shall 
annually compile and broadly disseminate (including through electronic 
publication) information about successful data collection and 
communication systems that meet the purposes described in this section. 
Such dissemination shall target States, State and local courts, Indian 
tribal governments, and units of local government.''.
    (b) Protection Orders.--
            (1) Filing costs.--Section 2006 of part T of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-5) is amended--

[[Page 114 STAT. 1493]]

                    (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 
                      the 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 the of the 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:

[[Page 114 STAT. 1494]]

    ``(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 <<NOTE: 42 USC 3796gg.>> 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 <<NOTE: 42 USC 3796gg-1.>> 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

[[Page 114 STAT. 1495]]

                    (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 <<NOTE: 42 USC 3796gg.>> 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.--

[[Page 114 STAT. 1496]]

            ``(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 <<NOTE: 42 USC 3796gg-1.>> 2002(b)--
                    (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, <<NOTE: 42 USC 3796gg-2.>> 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

[[Page 114 STAT. 1497]]

            (4) <<NOTE: 42 USC 3796gg-3.>> 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 <<NOTE: 42 USC 14031.>> 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 spouse or intimate partner, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes a 
        spouse or intimate partner to travel in interstate or foreign 
        commerce or to enter or leave Indian country by force, coercion, 
        duress, or fraud, and who, in the course of, as a result of, or 
        to facilitate such conduct or travel, commits or attempts to 
        commit a crime of violence against that spouse or intimate 
        partner, shall be punished as provided in subsection (b).''.

[[Page 114 STAT. 1498]]

    (b) Interstate Stalking.--
            (1) In general.--Section 2261A of title 18, United States 
        Code, is amended to read as follows:

``Sec. 2261A. Interstate stalking

    ``Whoever--
            ``(1) travels in interstate or foreign commerce or within 
        the special maritime and territorial jurisdiction of the United 
        States, or enters or leaves Indian country, with the intent to 
        kill, injure, harass, or intimidate another person, and in the 
        course of, or as a result of, such travel places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        that person, a member of the immediate family (as defined in 
        section 115) of that person, or the spouse or intimate partner 
        of that person; or
            ``(2) with the intent--
                    ``(A) to kill or injure a person in another State or 
                tribal jurisdiction or within the special maritime and 
                territorial jurisdiction of the United States; or
                    ``(B) to place a person in another State or tribal 
                jurisdiction, or within the special maritime and 
                territorial jurisdiction of the United States, in 
                reasonable fear of the death of, or serious bodily 
                injury to--
                          ``(i) that person;
                          ``(ii) a member of the immediate family (as 
                      defined in section 115) of that person; or
                          ``(iii) a spouse or intimate partner of that 
                      person,
        uses the mail or any facility of interstate or foreign commerce 
        to engage in a course of conduct that places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        any of the persons described in clauses (i) through (iii),

shall be punished as provided in section 2261(b).''.
            (2) Amendment <<NOTE: 28 USC 994 note.>> of federal 
        sentencing guidelines.--
                    (A) In general.--Pursuant to its authority under 
                section 994 of title 28, United States Code, the United 
                States Sentencing Commission shall amend the Federal 
                Sentencing Guidelines to reflect the amendment made by 
                this subsection.
                    (B) Factors for consideration.--In carrying out 
                subparagraph (A), the Commission shall consider--
                          (i) whether the Federal Sentencing Guidelines 
                      relating to stalking offenses should be modified 
                      in light of the amendment made by this subsection; 
                      and
                          (ii) whether any changes the Commission may 
                      make to the Federal Sentencing Guidelines pursuant 
                      to clause (i) should also be made with respect to 
                      offenses under chapter 110A of title 18, United 
                      States Code.

    (c) Interstate Violation of Protection Order.--Section 2262 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 engage in conduct that violates the 
        portion of a protection order that prohibits or provides 
        protection against violence, threats, or harassment

[[Page 114 STAT. 1499]]

        against, contact or communication with, or physical proximity 
        to, another person, or that would violate such a portion of a 
        protection order in the jurisdiction in which the order was 
        issued, and subsequently engages in such conduct, shall be 
        punished as provided in subsection (b).
            ``(2) Causing travel of victim.--A person who causes another 
        person to travel in interstate or foreign commerce or to enter 
        or leave Indian country by force, coercion, duress, or fraud, 
        and in the course of, as a result of, or to facilitate such 
        conduct or travel engages in conduct that violates the portion 
        of a protection order that prohibits or provides protection 
        against violence, threats, or harassment against, contact or 
        communication with, or physical proximity to, another person, or 
        that would violate such a portion of a protection order in the 
        jurisdiction in which the order was issued, shall be punished as 
        provided in subsection (b).''.

    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended to read as follows:

``Sec. 2266. Definitions

    ``In this chapter:
            ``(1) Bodily injury.--The term `bodily injury' means any 
        act, except one done in self-defense, that results in physical 
        injury or sexual abuse.
            ``(2) Course of conduct.--The term `course of conduct' means 
        a pattern of conduct composed of 2 or more acts, evidencing a 
        continuity of purpose.
            ``(3) Enter or leave indian country.--The term `enter or 
        leave Indian country' includes leaving the jurisdiction of 1 
        tribal government and entering the jurisdiction of another 
        tribal government.
            ``(4) Indian country.--The term `Indian country' has the 
        meaning stated in section 1151 of this title.
            ``(5) Protection order.--The term `protection order' 
        includes any injunction or other order issued for the purpose of 
        preventing violent or threatening acts or harassment against, or 
        contact or communication with or physical proximity to, another 
        person, including any temporary or final order issued by a civil 
        and criminal court (other than a support or child custody order 
        issued pursuant to State divorce and child custody laws, except 
        to the extent that such an order is entitled to full faith and 
        credit under other Federal law) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding so long as any civil order was issued in response to 
        a complaint, petition, or motion filed by or on behalf of a 
        person seeking protection.
            ``(6) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning stated in section 2119(2).
            ``(7) Spouse or intimate partner.--The term `spouse or 
        intimate partner' includes--
                    ``(A) for purposes of--
                          ``(i) sections other than 2261A, a spouse or 
                      former spouse of the abuser, a person who shares a 
                      child in common with the abuser, and a person who 
                      cohabits or has cohabited as a spouse with the 
                      abuser; and
                          ``(ii) section 2261A, a spouse or former 
                      spouse of the target of the stalking, a person who 
                      shares a child

[[Page 114 STAT. 1500]]

                      in common with the target of the stalking, and a 
                      person who cohabits or has cohabited as a spouse 
                      with the target of the stalking; and
                    ``(B) any other person similarly situated to a 
                spouse who is protected