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S.2414
Trafficking Victims Protection Act of 2000 (Introduced in the
Senate)
SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries-
(1) IN GENERAL- The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation with
appropriate nongovernmental organizations, shall establish and carry out
programs and initiatives in foreign countries to assist in the safe
integration, reintegration, or resettlement, as appropriate, of victims of
trafficking and their children and, if appropriate, their spouses and
parents. Such programs and initiatives shall be designed to meet the mental
and physical health, housing, legal , and other assistance needs
of such persons and their children, as identified by the Inter-Agency Task
Force to Monitor and Combat Trafficking established under section 5.
(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- Subject to the availability of appropriations and
notwithstanding title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Attorney General, the Secretary of Health
and Human Services , the
Secretary of Labor, and the Board of Directors of the Legal Services Corporation shall expand existing
services to provide assistance
to victims of severe forms of trafficking in persons within the United
States, without regard to the immigration status of such victims.
(2) BENEFITS- Subject to the availability of appropriations and
notwithstanding any other provision of law, victims of severe forms of
trafficking in persons in the United States shall be eligible, without
regard to their immigration status, for any benefits that are otherwise
available under the Crime Victims Fund, established under the Victims of
Crime Act of 1984, including victims' services , compensation, and
assistance.
(A) Subject to the availability of appropriations, the Attorney
General may make grants to States, territories, and possessions of the
United States (including the Commonwealths of Puerto Rico and the Northern
Mariana Islands), 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) To receive a grant under this paragraph, an eligible unit of
government or organization shall certify that its laws, policies, and
practices, as appropriate, do not punish or deny services to victims of severe
forms of trafficking in persons on account of the nature of their work or
services performed in
connection with such trafficking.
(C) Of amounts made available for grants under this paragraph, there
shall be set aside 3 percent for research, evaluation and statistics; 2
percent for training and technical assistance; and 1 percent for
management and administration.
(D) 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.
(4) CIVIL ACTION- An individual who is a victim of a violation of
section 1589 or section 1589A of title 18, United States Code, regarding
trafficking, may bring a civil action in United States district court. The
court may award actual damages, punitive damages, reasonable attorneys'
fees, and other litigation costs reasonably incurred.
(c) TRAFFICKING VICTIM REGULATIONS- Not later than 180 days after the date
of enactment of this Act, the Attorney General and the Secretary of State
shall promulgate regulations for law enforcement personnel, immigration
officials, and Department of State officials to implement the following:
(1) Victims of severe forms of trafficking, while in the custody of the
Federal Government and to the extent practicable, shall--
(A) be housed in appropriate housing as quickly as possible;
(B) receive prompt medical care, food, 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) Victims of severe forms of trafficking shall not be jailed, fined,
or otherwise penalized for unlawful acts due to having been trafficked,
including
for having used false documents, entering the country without documentation,
or working without documentation.
(3) Victims of severe forms of trafficking shall have access to legal assistance, information about
their rights, and translation services .
(4) Federal law enforcement officials shall act to ensure an alien
individual's continued presence in the United States, if after an
assessment, it is determined that such individual is a victim of trafficking
or a material witness, in order to effectuate prosecution of those
responsible and to further the humanitarian interests of the United States,
and such officials in investigating and prosecuting traffickers shall
protect the safety and integrity 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.
(5) Appropriate personnel of the Department of State and the Department
of Justice are trained in identifying victims of severe forms of trafficking
and providing for the protection of such victims. Training under this
paragraph should include methods for achieving antitrafficking objectives
through the nondiscriminatory application of immigration and other related
laws.
(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating
any private cause of action against the United States or its offices or
employees.
(e) FUNDING- Funds from asset forfeiture under section 1592 of title 18,
United States Code (as added by section 12 of this Act) should be first
disbursed to satisfy any judgments awarded victims of trafficking under
subsection (b)(4) and section 1591 of title 18, United States Code (as added
by such section 12). The remaining funds from asset forfeiture are authorized
to be available in equal amounts for the purposes of subsections (a) and (b)
and shall remain available for obligation until expended.
(f) PROTECTION FROM REMOVAL FOR CERTAIN VICTIMS OF TRAFFICKING-
(1) NONIMMIGRANT CLASSIFICATION FOR CERTAIN VICTIMS OF TRAFFICKING-
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) an alien who the Attorney General determines--
`(i) is physically present in the United States or at a port of
entry thereto;
`(ii) is or has been a victim of a severe form of trafficking in
persons as defined in section 3 of the Trafficking Victims Protection
Act of 2000;
`(iii)(I) has not unreasonably refused to assist in the
investigation or prosecution of acts of trafficking; or
`(II) has not attained the age of 14 years; and
`(iv) would face a significant possibility of retribution or other
hardship if removed from the United States,
and, if the Attorney General considers it to be appropriate, the
spouse, married and unmarried sons and daughters, and parents of an alien
described in this subparagraph if accompanying, or following to join, the
alien, except that no person shall be eligible for admission to the United
States under this subparagraph if there is substantial reason to believe
that the person has committed an act of a severe form of trafficking in
persons as defined in section 3 of the Trafficking Victims Protection Act
of 2000.'.
(2) 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 nonimmigrant aliens described in subsection
(a)(15)(T)--
`(1) the Attorney General and other government officials, where
appropriate, shall provide those aliens with referrals to nongovernmental
organizations that would educate the aliens regarding their options while in
the United States and the resources available to them; and
`(2) the Attorney General shall, during the period those aliens are in
lawful temporary resident status under that subsection, grant the aliens
authorization to engage in employment in the United States and provide the
aliens with an `employment authorized' endorsement or other appropriate work
permit.'.
(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 new paragraph:
`(13) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in section
101(a)(15)(T). The Attorney General, in the Attorney General's discretion, may
waive the application of subsection (a) (other than paragraph (3)(E)) 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. Nothing in this
section shall be regarded as prohibiting the Attorney General from instituting
removal proceedings against an alien admitted as a nonimmigrant under section
101(a)(15)(T) for material nontrafficking related conduct committed after the
alien's admission into the United States, or for material nontrafficking
related conduct or a condition that was not disclosed to the Attorney General
prior to the alien's admission as a nonimmigrant under section
101(a)(15)(T).'.
(4) ADJUSTMENT TO PERMANENT RESIDENT STATUS- Section 245 of the
Immigration and Nationality 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)--
`(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);
`(B) has, throughout such period, been a person of good moral
character;
`(C) has not, during such period, unreasonably refused to provide
assistance in the investigation or prosecution of acts of trafficking;
and
`(D) would face a significant possibility of retribution or other
hardship if removed from the United States, the Attorney General may adjust
the status of the alien (and the spouse, married and unmarried sons and
daughters, and parents of the alien if admitted under that section) to that
of an alien lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
`(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.'.
SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) MINIMUM STANDARDS- For purposes of this Act, the minimum standards for
the elimination of trafficking for a country that is a country of origin,
transit, or destination for a significant number of victims are the following
standards:
(1) 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
fraud, force, coercion, or deception, 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
country should prescribe punishment commensurate with that for the most
serious crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the country should prescribe punishment which is
sufficiently stringent to deter and which adequately reflects the heinous
nature of the offense.
(4) 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:
(1) Whether the country vigorously investigates and prosecutes acts of
severe forms of trafficking in persons that take place wholly or partly
within the territory of the country.
(2) Whether the country cooperates with other countries in the
investigation and prosecution of severe forms of trafficking in
persons.
(3) Whether the country extradites persons charged with acts of severe
forms of trafficking in persons on the same terms and to the same extent as
persons charged with other serious crimes.
(4) Whether 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
which 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 and return
to one's own country.
(5) Whether the country protects victims of severe forms of trafficking
in persons and encourages their assistance in the investigation and
prosecution of such trafficking, including provision for legal alternatives to their removal
to countries in which they would face retribution or other hardship.
(6) Whether 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. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
The Secretary of State and the Administrator of the United States Agency
for International Development are authorized to provide assistance to foreign
countries directly, or through nongovernmental, intergovernmental and
multilateral organizations, for programs and activities designed to meet the
minimum international standards for the elimination of trafficking, including
drafting of legislation to prohibit and punish acts of trafficking,
investigation and prosecution of traffickers, creation and maintenance of
facilities, programs, and activities for the protection of victims, and the
expansion of exchange programs and international visitor programs for
governmental and nongovernmental personnel to combat trafficking.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
(a) AUTHORITY TO IMPOSE SANCTIONS- The President may impose any of the
measures described in subsection (b) against any foreign country to which the
minimum standards for the elimination of trafficking under section 8 are
applicable and which do not meet such standards.
(b) SANCTIONS THAT MAY BE IMPOSED- The measures described in this
subsection are the following:
(A) IN GENERAL- Subject to subparagraph (B), the President may deny to
the country assistance of any kind which is provided by grant, sale, loan,
lease, credit, guaranty, or insurance, or by any other means, by any
agency or instrumentality of the United States Government.
(B) EXCEPTION- Subparagraph (A) shall not apply to assistance under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any
successor provision of law, or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) that is intended to benefit the
people of that country directly and that is not channeled through governmental
agencies or entities of that country.
(2) MULTILATERAL DEVELOPMENT BANK ASSISTANCE-
(A) IN GENERAL- The President may instruct the United States Executive
Director to each international financial institution described in
subparagraph (B) to use the voice and vote of the United States to oppose
any loan or financial or technical assistance to the country by such
international financial institution.
(B) INTERNATIONAL FINANCIAL INSTITUTIONS DESCRIBED- The international
financial institutions described in this subparagraph are the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation , the Inter-American
Development Bank, the African Development Bank, the European Bank for
Reconstruction and Development, and the International Monetary
Fund.
(3) PROHIBITION OF ARMS SALES- The President may prohibit the transfer
of defense articles, defense services , or design and
construction services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense
articles and defense services
licensed or approved for export under section 38 of that Act (22 U.S.C.
2778), to the country or any national of the country.
(4) EXPORT RESTRICTIONS- The President may prohibit or otherwise
substantially restrict exports to the country of goods, technology, and
services (excluding
agricultural commodities and products otherwise subject to control) and may
suspend existing licenses for the transfer to that person of items the
export of which is controlled under the Export Administration Act of 1979 or
the Export Administration Regulations.
(c) REPORT TO CONGRESS- Upon exercising the authority of subsection (a),
the President shall submit a report to Congress on the measures applied under
this section and the reasons for the application of the measures.
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