Subject: [Stop-traffic] US Bill to support victims of trafficking passes Senate
From: Bruce Harris - Casa Alianza (bruce@casa-alianza.org)
Date: Tue Oct 10 2000 - 00:09:33 EDT
CONGRESSIONAL RECORD
HOUSE
PAGE H8855
Oct. 5, 2000
CONFERENCE REPORT ON H.R. 3244, VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION
ACT OF 2000
Mr. SMITH of New Jersey submitted the
following conference report and
statement on the bill (H.R. 3244) to combat
trafficking of persons, especially
into the sex trade, slavery, and slavery-like
conditions in the United States
and countries around the world through
prevention, through prosecution and
enforcement against traffickers, and through
protection and assistance to
victims of trafficking:
CONFERENCE REPORT (H. REPT. 106-939)
The committee of conference on the
disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R.
3244), an Act to combat
trafficking of persons, especially into the
sex trade, slavery, and
slavery-like conditions, in the United States
and countries around the world
through prevention, through prosecution and
enforcement against traffickers,
and through protection and assistance to
victims of trafficking, having met,
after full and free conference, have agreed to
recommend and do recommend to
their respective Houses as follows:
That the House recede from its
disagreement to the amendment of the Senate
and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be
inserted by the Senate amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Victims of
Trafficking and Violence
Protection Act of 2000".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
TABLE OF CONTENTS.
(a) DIVISIONS.-This Act is organized into
three divisions, as follows:
(1) DIVISION A.-Trafficking
Victims Protection Act of 2000.
(2) DIVISION B.-Violence
Against Women Act of 2000.
(3) DIVISION C.-Miscellaneous
Provisions.
(b) TABLE OF CONTENTS.-The table of
contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into
divisions; table of contents.
DIVISION A-TRAFFICKING VICTIMS PROTECTION ACT
OF 2000
Sec. 101. Short title.
Sec. 102. Purposes and findings.
Sec. 103. Definitions.
Sec. 104. Annual Country Reports on
Human Rights Practices.
Sec. 105. Interagency Task Force To
Monitor and Combat Trafficking.
Sec. 106. Prevention of trafficking.
Sec. 107. Protection and assistance
for victims of trafficking.
Sec. 108. Minimum standards for the
elimination of trafficking.
Sec. 109. Assistance to foreign
countries to meet minimum standards.
Sec. 110. Actions against
governments failing to meet minimum
standards.
Sec. 111. Actions against
significant traffickers in persons.
Sec. 112. Strengthening prosecution
and punishment of traffickers.
Sec. 113. Authorizations of
appropriations.
DIVISION B-VIOLENCE AGAINST WOMEN ACT OF 2000
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Accountability and
oversight.
TITLE I-STRENGTHENING LAW ENFORCEMENT TO
REDUCE VIOLENCE AGAINST WOMEN
Sec. 1101. Full faith and credit
enforcement of protection orders.
Sec. 1102. Role of courts.
Sec. 1103. Reauthorization of STOP
grants.
Sec. 1104. Reauthorization of grants
to encourage arrest policies.
Sec. 1105. Reauthorization of rural
domestic violence and child
abuse enforcement grants.
Sec. 1106. National stalker and
domestic violence reduction.
Sec. 1107. Amendments to domestic
violence and stalking offenses.
Sec. 1108. School and campus
security.
Sec. 1109. Dating violence.
TITLE II-STRENGTHENING SERVICES TO VICTIMS OF
VIOLENCE
Sec. 1201. Legal assistance for
victims.
Sec. 1202. Shelter services for
battered women and children.
Sec. 1203. Transitional housing
assistance for victims of domestic
violence.
Sec. 1204. National domestic
violence hotline.
Sec. 1205. Federal victims
counselors.
Sec. 1206. Study of State laws
regarding insurance discrimination
against victims of violence against
women.
Sec. 1207. Study of workplace
effects from violence against women.
Sec. 1208. Study of unemployment
compensation for victims of
violence against women.
Sec. 1209. Enhancing protections for
older and disabled women from
domestic violence and sexual assault.
TITLE III-LIMITING THE EFFECTS OF VIOLENCE ON
CHILDREN
Sec. 1301. Safe havens for children
pilot program.
Sec. 1302. Reauthorization of
victims of child abuse programs.
Sec. 1303. Report on effects of
parental kidnapping laws in domestic
violence cases.
TITLE IV-STRENGTHENING EDUCATION AND TRAINING
TO COMBAT VIOLENCE AGAINST WOMEN
Sec. 1401. Rape prevention and
education.
Sec. 1402. Education and training to
end violence against and abuse
of women with disabilities.
Sec. 1403. Community initiatives.
Sec. 1404. Development of research
agenda identified by the Violence
Against Women Act of 1994.
Sec. 1405. Standards, practice, and
training for sexual assault
forensic examinations.
Sec. 1406. Education and training
for judges and court personnel.
Sec. 1407. Domestic Violence Task
Force.
TITLE V-BATTERED IMMIGRANT WOMEN
Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Improved access to
immigration protections of the
Violence Against Women Act of 1994 for
battered immigrant women.
Sec. 1504. Improved access to
cancellation of removal and suspension
of deportation under the Violence
Against Women Act of 1994.
Sec. 1505. Offering equal access to
immigration protections of the
Violence Against Women Act of 1994 for
all qualified battered immigrant
self-petitioners.
Sec. 1506. Restoring immigration
protections under the Violence
Against Women Act of 1994.
Sec. 1507. Remedying problems with
implementation of the immigration
provisions of the Violence Against Women
Act of 1994.
Sec. 1508. Technical correction to
qualified alien definition for
battered immigrants.
Sec. 1509. Access to Cuban
Adjustment Act for battered immigrant
spouses and children.
Sec. 1510. Access to the Nicaraguan
Adjustment and Central American
Relief Act for battered spouses and
children.
[Page H8856]
Sec. 1511. Access to the Haitian
Refugee Fairness Act of 1998 for
battered spouses and children.
Sec. 1512. Access to services and
legal representation for battered
immigrants.
Sec. 1513. Protection for certain
crime victims including victims of
crimes against women.
TITLE VI-MISCELLANEOUS
Sec. 1601. Notice requirements for
sexually violent offenders.
Sec. 1602. Teen suicide prevention
study.
Sec. 1603. Decade of pain control
and research.
DIVISION C-MISCELLANEOUS PROVISIONS
Sec. 2001. Aimeeīs law.
Sec. 2002. Payment of anti-terrorism
judgments.
Sec. 2003. Aid to victims of
terrorism.
Sec. 2004. Twenty-first century
amendment.
DIVISION A-TRAFFICKING VICTIMS PROTECTION ACT
OF 2000
SEC. 101. SHORT TITLE.
This division may be cited as the
"Trafficking Victims Protection Act of
2000".
SEC. 102. PURPOSES AND FINDINGS.
(a) PURPOSES.-The purposes of this
division are to combat trafficking in
persons, a contemporary manifestation of
slavery whose victims are
predominantly women and children, to ensure
just and effective punishment of
traffickers, and to protect their victims.
(b) FINDINGS.-Congress finds that:
(1) As the 21st century begins,
the degrading institution of
slavery continues throughout the world.
Trafficking in persons is a
modern form of slavery, and it is the
largest manifestation of slavery
today. At least 700,000 persons
annually, primarily women and children,
are trafficked within or across
international borders. Approximately
50,000 women and children are trafficked
into the United States each
year.
(2) Many of these persons are
trafficked into the international
sex trade, often by force, fraud, or
coercion. The sex industry has
rapidly expanded over the past several
decades. It involves sexual
exploitation of persons, predominantly
women and girls, involving
activities related to prostitution,
pornography, sex tourism, and other
commercial sexual services. The low
status of women in many parts of the
world has contributed to a burgeoning of
the trafficking industry.
(3) Trafficking in persons is
not limited to the sex industry.
This growing transnational crime also
includes forced labor and involves
significant violations of labor, public
health, and human rights
standards worldwide.
(4) Traffickers primarily
target women and girls, who are
disproportionately affected by poverty,
the lack of access to education,
chronic unemployment, discrimination,
and the lack of economic
opportunities in countries of origin.
Traffickers lure women and girls
into their networks through false
promises of decent working conditions
at relatively good pay as nannies,
maids, dancers, factory workers,
restaurant workers, sales clerks, or
models. Traffickers also buy
children from poor families and sell
them into prostitution or into
various types of forced or bonded labor.
(5) Traffickers often transport
victims from their home
communities to unfamiliar destinations,
including foreign countries away
from family and friends, religious
institutions, and other sources of
protection and support, leaving the
victims defenseless and vulnerable.
(6) Victims are often forced
through physical violence to
engage in sex acts or perform slavery-
like labor. Such force includes
rape and other forms of sexual abuse,
torture, starvation, imprisonment,
threats, psychological abuse, and
coercion.
(7) Traffickers often make
representations to their victims
that physical harm may occur to them or
others should the victim escape
or attempt to escape. Such
representations can have the same coercive
effects on victims as direct threats to
inflict such harm.
(8) Trafficking in persons is
increasingly perpetrated by
organized, sophisticated criminal
enterprises. Such trafficking is the
fastest growing source of profits for
organized criminal enterprises
worldwide. Profits from the trafficking
industry contribute to the
expansion of organized crime in the
United States and worldwide.
Trafficking in persons is often aided by
official corruption in
countries of origin, transit, and
destination, thereby threatening the
rule of law.
(9) Trafficking includes all
the elements of the crime of
forcible rape when it involves the
involuntary participation of another
person in sex acts by means of fraud,
force, or coercion.
(10) Trafficking also involves
violations of other laws,
including labor and immigration codes
and laws against kidnapping,
slavery, false imprisonment, assault,
battery, pandering, fraud, and
extortion.
(11) Trafficking exposes
victims to serious health risks. Women
and children trafficked in the sex
industry are exposed to deadly
diseases, including HIV and AIDS.
Trafficking victims are sometimes
worked or physically brutalized to death.
(12) Trafficking in persons
substantially affects interstate
and foreign commerce. Trafficking for
such purposes as involuntary
servitude, peonage, and other forms of
forced labor has an impact on the
nationwide employment network and labor
market. Within the context of
slavery, servitude, and labor or
services which are obtained or
maintained through coercive conduct that
amounts to a condition of
servitude, victims are subjected to a
range of violations.
(13) Involuntary servitude
statutes are intended to reach cases
in which persons are held in a condition
of servitude through nonviolent
coercion. In United States v. Kozminski,
487 U.S. 931 (1988), the
Supreme Court found that section 1584 of
title 18, United States Code,
should be narrowly interpreted, absent a
definition of involuntary
servitude by Congress. As a result, that
section was interpreted to
criminalize only servitude that is
brought about through use or
threatened use of physical or legal
coercion, and to exclude other
conduct that can have the same purpose
and effect.
(14) Existing legislation and
law enforcement in the United
States and other countries are
inadequate to deter trafficking and bring
traffickers to justice, failing to
reflect the gravity of the offenses
involved. No comprehensive law exists in
the United States that
penalizes the range of offenses involved
in the trafficking scheme.
Instead, even the most brutal instances
of trafficking in the sex
industry are often punished under laws
that also apply to lesser
offenses, so that traffickers typically
escape deserved punishment.
(15) In the United States, the
seriousness of this crime and
its components is not reflected in
current sentencing guidelines,
resulting in weak penalties for
convicted traffickers.
(16) In some countries,
enforcement against traffickers is also
hindered by official indifference, by
corruption, and sometimes even by
official participation in trafficking.
(17) Existing laws often fail
to protect victims of
trafficking, and because victims are
often illegal immigrants in the
destination country, they are repeatedly
punished more harshly than the
traffickers themselves.
(18) Additionally, adequate
services and facilities do not
exist to meet victimsī needs regarding
health care, housing, education,
and legal assistance, which safely
reintegrate trafficking victims into
their home countries.
(19) Victims of severe forms of
trafficking should not be
inappropriately incarcerated, fined, or
otherwise penalized solely for
unlawful acts committed as a direct
result of being trafficked, such as
using false documents, entering the
country without documentation, or
working without documentation.
(20) Because victims of
trafficking are frequently unfamiliar
with the laws, cultures, and languages
of the countries into which they
have been trafficked, because they are
often subjected to coercion and
intimidation including physical
detention and debt bondage, and because
they often fear retribution and forcible
removal to countries in which
they will face retribution or other
hardship, these victims often find
it difficult or impossible to report the
crimes committed against them
or to assist in the investigation and
prosecution of such crimes.
(21) Trafficking of persons is
an evil requiring concerted and
vigorous action by countries of origin,
transit or destination, and by
international organizations.
(22) One of the founding
documents of the United States, the
Declaration of Independence, recognizes
the inherent dignity and worth
of all people. It states that all men
are created equal and that they
are endowed by their Creator with
certain unalienable rights. The right
to be free from slavery and involuntary
servitude is among those
unalienable rights. Acknowledging this
fact, the United States outlawed
slavery and involuntary servitude in
1865, recognizing them as evil
institutions that must be abolished.
Current practices of sexual slavery
and trafficking of women and children
are similarly abhorrent to the
principles upon which the United States
was founded.
(23) The United States and the
international community agree
that trafficking in persons involves
grave violations of human rights
and is a matter of pressing
international concern. The international
community has repeatedly condemned
slavery and involuntary servitude,
violence against women, and other
elements of trafficking, through
declarations, treaties, and United
Nations resolutions and reports,
including the Universal Declaration of
Human Rights; the 1956
Supplementary Convention on the
Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar
to Slavery; the 1948 American
Declaration on the Rights and Duties of
Man; the 1957 Abolition of
Forced Labor Convention; the
International Covenant on Civil and
Political Rights; the Convention Against
Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment; United Nations General
Assembly Resolutions 50/167, 51/66, and
52/98; the Final Report of the
World Congress against Sexual
Exploitation of Children (Stockholm,
1996); the Fourth World Conference on
Women (Beijing, 1995); and the
1991 Moscow Document of the Organization
for Security and Cooperation in
Europe.
(24) Trafficking in persons is
a transnational crime with
national implications. To deter
international trafficking and bring its
perpetrators to justice, nations
including the United States must
recognize that trafficking is a serious
offense. This is done by
prescribing appropriate punishment,
giving priority to the prosecution
of trafficking offenses, and protecting
rather than punishing the
victims of such offenses. The United
States must work bilaterally and
multilaterally to abolish the
trafficking industry by taking steps to
promote cooperation among countries
linked together by international
trafficking routes. The United States
must also urge the international
community to take strong action in
multilateral fora to engage
recalcitrant countries in serious and
sustained efforts to eliminate
trafficking and protect trafficking
victims.
SEC. 103. DEFINITIONS.
In this division:
(1) APPROPRIATE CONGRESSIONAL
COMMITTEES.-The term "appropriate
congressional committees" means the
Committee on Foreign Relations and
the Committee on the Judiciary of the
Senate and the Committee on
International Relations and the
Committee on the Judiciary of the House
of Representatives.
(2) COERCION.-The term
"coercion" means-
(A) threats of serious harm
to or physical restraint
against any person;
(B) any scheme, plan, or
pattern intended to cause a person
to believe that failure to perform an
act would result in serious harm
to or physical restraint against any
person; or
[Page H8857]
(C) the abuse or threatened
abuse of the legal process.
(3) COMMERCIAL SEX ACT.-The
term "commercial sex act" means any
sex act on account of which anything of
value is given to or received by
any person.
(4) DEBT BONDAGE.-The term
"debt bondage" means the status or
condition of a debtor arising from a
pledge by the debtor of his or her
personal services or of those of a
person under his or her control as a
security for debt, if the value of those
services as reasonably assessed
is not applied toward the liquidation of
the debt or the length and
nature of those services are not
respectively limited and defined.
(5) INVOLUNTARY SERVITUDE.-The
term "involuntary servitude"
includes a condition of servitude
induced by means of-
(A) any scheme, plan, or
pattern intended to cause a person
to believe that, if the person did not
enter into or continue in such
condition, that person or another person
would suffer serious harm or
physical restraint, or
(B) the abuse or threatened
abuse of the legal process.
(6) MINIMUM STANDARDS FOR THE
ELIMINATION OF TRAFFICKING.-The
term "minimum standards for the
elimination of trafficking" means the
standards set forth in section 108.
(7) NONHUMANITARIAN, NONTRADE-
RELATED FOREIGN ASSISTANCE.-The
term "nonhumanitarian, nontrade-related
foreign assistance" means-
(A) any assistance under
the Foreign Assistance Act of
1961, other than-
(i) assistance under
chapter 4 of part II of that Act
that is made available for any program,
project, or activity eligible
for assistance under chapter 1 of part I
of that Act;
(ii) assistance under
chapter 8 of part I of that Act;
(iii) any other
narcotics-related assistance under part
I of that Act or under chapter 4 or 5
part II of that Act, but any such
assistance provided under this clause
shall be subject to the prior
notification procedures applicable to
reprogrammings pursuant to section
634A of that Act;
(iv) disaster relief
assistance, including any
assistance under chapter 9 of part I of
that Act;
(v) antiterrorism
assistance under chapter 8 of part II
of that Act;
(vi) assistance for
refugees;
(vii) humanitarian and
other development assistance in
support of programs of nongovernmental
organizations under chapters 1
and 10 of that Act;
(viii) programs under
title IV of chapter 2 of part I
of that Act, relating to the Overseas
Private Investment Corporation;
and
(ix) other programs
involving trade-related or
humanitarian assistance; and
(B) sales, or financing on
any terms, under the Arms Export
Control Act, other than sales or
financing provided for
narcotics-related purposes following
notification in accordance with the
prior notification procedures applicable
to reprogrammings pursuant to
section 634A of the Foreign Assistance
Act of 1961.
(8) SEVERE FORMS OF TRAFFICKING
IN PERSONS.-The term "severe
forms of trafficking in persons" means-
(A) sex trafficking in
which a commercial sex act is
induced by force, fraud, or coercion, or
in which the person induced to
perform such act has not attained 18
years of age; or
(B) the recruitment,
harboring, transportation, provision,
or obtaining of a person for labor or
services, through the use of
force, fraud, or coercion for the
purpose of subjection to involuntary
servitude, peonage, debt bondage, or
slavery.
(9) SEX TRAFFICKING.-The term
"sex trafficking" means the
recruitment, harboring, transportation,
provision, or obtaining of a
person for the purpose of a commercial
sex act.
(10) STATE.-The term "State"
means each of the several States
of the United States, the District of
Columbia, the Commonwealth of
Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, and territories and
possessions of the United States.
(11) TASK FORCE.-The term "Task
Force" means the Interagency
Task Force to Monitor and Combat
Trafficking established under section
105.
(12) UNITED STATES.-The term
"United States" means the fifty
States of the United States, the
District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands,
American Samoa, Guam, the
Commonwealth of the Northern Mariana
Islands, and the territories and
possessions of the United States.
(13) VICTIM OF A SEVERE FORM OF
TRAFFICKING.-The term "victim
of a severe form of trafficking" means a
person subject to an act or
practice described in paragraph (8).
(14) VICTIM OF TRAFFICKING.-The
term "victim of trafficking"
means a person subjected to an act or
practice described in paragraph
(8) or (9).
SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES.
(a) COUNTRIES RECEIVING ECONOMIC
ASSISTANCE.-Section 116(f) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2151(f)) is amended to read as
follows:
"(f)(1) The report required by subsection
(d) shall include the
following:
"(A) A description of the
nature and extent of severe forms of
trafficking in persons, as defined in
section 103 of the Trafficking
Victims Protection Act of 2000, in each
foreign country.
"(B) With respect to each
country that is a country of origin,
transit, or destination for victims of
severe forms of trafficking in
persons, an assessment of the efforts by
the government of that country
to combat such trafficking. The
assessment shall address the following:
"(i) Whether government
authorities in that country
participate in, facilitate, or condone
such trafficking.
"(ii) Which government
authorities in that country are
involved in activities to combat such
trafficking.
"(iii) What steps the
government of that country has taken
to prohibit government officials from
participating in, facilitating, or
condoning such trafficking, including
the investigation, prosecution,
and conviction of such officials.
"(iv) What steps the
government of that country has taken
to prohibit other individuals from
participating in such trafficking,
including the investigation,
prosecution, and conviction of individuals
involved in severe forms of trafficking
in persons, the criminal and
civil penalties for such trafficking,
and the efficacy of those
penalties in eliminating or reducing
such trafficking.
"(v) What steps the
government of that country has taken to
assist victims of such trafficking,
including efforts to prevent victims
from being further victimized by
traffickers, government officials, or
others, grants of relief from
deportation, and provision of humanitarian
relief, including provision of mental
and physical health care and
shelter.
"(vi) Whether the
government of that country is cooperating
with governments of other countries to
extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent
with the laws of such country or with
extradition treaties to which such
country is a party, whether the
government of that country is taking all
appropriate measures to modify or
replace such laws and treaties so as
to permit such cooperation.
"(vii) Whether the
government of that country is assisting
in international investigations of
transnational trafficking networks
and in other cooperative efforts to
combat severe forms of trafficking
in persons.
"(viii) Whether the
government of that country refrains
from prosecuting victims of severe forms
of trafficking in persons due
to such victims having been trafficked,
and refrains from other
discriminatory treatment of such victims.
"(ix) Whether the
government of that country recognizes the
rights of victims of severe forms of
trafficking in persons and ensures
their access to justice.
"(C) Such other information
relating to trafficking in persons
as the Secretary of State considers
appropriate.
"(2) In compiling data and making
assessments for the purposes of
paragraph (1), United States diplomatic
mission personnel shall consult with
human rights organizations and other
appropriate nongovernmental
organizations.".
(b) COUNTRIES RECEIVING SECURITY
ASSISTANCE.-Section 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304) is
amended by adding at the end the
following new subsection:
"(h)(1) The report required by subsection
(b) shall include the
following:
"(A) A description of the
nature and extent of severe forms of
trafficking in persons, as defined in
section 103 of the Trafficking
Victims Protection Act of 2000, in each
foreign country.
"(B) With respect to each
country that is a country of origin,
transit, or destination for victims of
severe forms of trafficking in
persons, an assessment of the efforts by
the government of that country
to combat such trafficking. The
assessment shall address the following:
"(i) Whether government
authorities in that country
participate in, facilitate, or condone
such trafficking.
"(ii) Which government
authorities in that country are
involved in activities to combat such
trafficking.
"(iii) What steps the
government of that country has taken
to prohibit government officials from
participating in, facilitating, or
condoning such trafficking, including
the investigation, prosecution,
and conviction of such officials.
"(iv) What steps the
government of that country has taken
to prohibit other individuals from
participating in such trafficking,
including the investigation,
prosecution, and conviction of individuals
involved in severe forms of trafficking
in persons, the criminal and
civil penalties for such trafficking,
and the efficacy of those
penalties in eliminating or reducing
such trafficking.
"(v) What steps the
government of that country has taken to
assist victims of such trafficking,
including efforts to prevent victims
from being further victimized by
traffickers, government officials, or
others, grants of relief from
deportation, and provision of humanitarian
relief, including provision of mental
and physical health care and
shelter.
"(vi) Whether the
government of that country is cooperating
with governments of other countries to
extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent
with the laws of such country or with
extradition treaties to which such
country is a party, whether the
government of that country is taking all
appropriate measures to modify or
replace such laws and treaties so as
to permit such cooperation.
"(vii) Whether the
government of that country is assisting
in international investigations of
transnational trafficking networks
and in other cooperative efforts to
combat severe forms of trafficking
in persons.
"(viii) Whether the
government of that country refrains
from prosecuting victims of severe forms
of trafficking in persons due
to such victims having been trafficked,
and refrains from other
discriminatory treatment of such victims.
"(ix) Whether the
government of that country recognizes the
rights of victims of severe forms of
trafficking in persons and ensures
their access to justice.
"(C) Such other information
relating to trafficking in persons
as the Secretary of State considers
appropriate.
"(2) In compiling data and making
assessments for the purposes of
paragraph (1), United States diplomatic
mission personnel shall consult with
human rights organizations and other
appropriate nongovernmental
organizations.".
[Page H8858]
SEC. 105. INTERAGENCY TASK FORCE TO MONITOR
AND COMBAT TRAFFICKING.
(a) ESTABLISHMENT.-The President shall
establish an Interagency Task
Force to Monitor and Combat Trafficking.
(b) APPOINTMENT.-The President shall
appoint the members of the Task
Force, which shall include the Secretary of
State, the Administrator of the
United States Agency for International
Development, the Attorney General, the
Secretary of Labor, the Secretary of Health
and Human Services, the Director
of Central Intelligence, and such other
officials as may be designated by the
President.
(c) CHAIRMAN.-The Task Force shall be
chaired by the Secretary of State.
(d) ACTIVITIES OF THE TASK FORCE.-The
Task Force shall carry out the
following activities:
(1) Coordinate the
implementation of this division.
(2) Measure and evaluate
progress of the United States and
other countries in the areas of
trafficking prevention, protection, and
assistance to victims of trafficking,
and prosecution and enforcement
against traffickers, including the role
of public corruption in
facilitating trafficking. The Task Force
shall have primary
responsibility for assisting the
Secretary of State in the preparation
of the reports described in section 110.
(3) Expand interagency
procedures to collect and organize data,
including significant research and
resource information on domestic and
international trafficking. Any data
collection procedures established
under this subsection shall respect the
confidentiality of victims of
trafficking.
(4) Engage in efforts to
facilitate cooperation among countries
of origin, transit, and destination.
Such efforts shall aim to
strengthen local and regional capacities
to prevent trafficking,
prosecute traffickers and assist
trafficking victims, and shall include
initiatives to enhance cooperative
efforts between destination countries
and countries of origin and assist in
the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the
international "sex tourism"
industry in the trafficking of persons
and in the sexual exploitation of
women and children around the world.
(6) Engage in consultation and
advocacy with governmental and
nongovernmental organizations, among
other entities, to advance the
purposes of this division.
(e) SUPPORT FOR THE TASK FORCE.-The
Secretary of State is authorized to
establish within the Department of State an
Office to Monitor and Combat
Trafficking, which shall provide assistance to
the Task Force. Any such Office
shall be headed by a Director. The Director
shall have the primary
responsibility for assisting the Secretary of
State in carrying out the
purposes of this division and may have
additional responsibilities as
determined by the Secretary. The Director
shall consult with nongovernmental
organizations and multilateral organizations,
and with trafficking victims or
other affected persons. The Director shall
have the authority to take evidence
in public hearings or by other means. The
agencies represented on the Task
Force are authorized to provide staff to the
Office on a nonreimbursable
basis.
SEC. 106. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT AND
DETER TRAFFICKING.-The President
shall establish and carry out international
initiatives to enhance economic
opportunity for potential victims of
trafficking as a method to deter
trafficking. Such initiatives may include-
(1) microcredit lending
programs, training in business
development, skills training, and job
counseling;
(2) programs to promote womenīs
participation in economic
decisionmaking;
(3) programs to keep children,
especially girls, in elementary
and secondary schools, and to educate
persons who have been victims of
trafficking;
(4) development of educational
curricula regarding the dangers
of trafficking; and
(5) grants to nongovernmental
organizations to accelerate and
advance the political, economic, social,
and educational roles and
capacities of women in their countries.
(b) PUBLIC AWARENESS AND INFORMATION.-The
President, acting through the
Secretary of Labor, the Secretary of Health
and Human Services, the Attorney
General, and the Secretary of State, shall
establish and carry out programs to
increase public awareness, particularly among
potential victims of
trafficking, of the dangers of trafficking and
the protections that are
available for victims of trafficking.
(c) CONSULTATION REQUIREMENT.-The
President shall consult with
appropriate nongovernmental organizations with
respect to the establishment
and conduct of initiatives described in
subsections (a) and (b).
SEC. 107. PROTECTION AND ASSISTANCE FOR
VICTIMS OF TRAFFICKING.
(a) ASSISTANCE FOR VICTIMS IN OTHER
COUNTRIES.-
(1) IN GENERAL.-The Secretary
of State and the Administrator of
the United States Agency for
International Development, in consultation
with appropriate nongovernmental
organizations, shall establish and
carry out programs and initiatives in
foreign countries to assist in the
safe integration, reintegration, or
resettlement, as appropriate, of
victims of trafficking. Such programs
and initiatives shall be designed
to meet the appropriate assistance needs
of such persons and their
children, as identified by the Task
Force.
(2) ADDITIONAL REQUIREMENT.-In
establishing and conducting
programs and initiatives described in
paragraph (1), the Secretary of
State and the Administrator of the
United States Agency for
International Development shall take all
appropriate steps to enhance
cooperative efforts among foreign
countries, including countries of
origin of victims of trafficking, to
assist in the integration,
reintegration, or resettlement, as
appropriate, of victims of
trafficking, including stateless victims.
(b) VICTIMS IN THE UNITED STATES.-
(1) ASSISTANCE.-
(A) ELIGIBILITY FOR
BENEFITS AND SERVICES.-Notwithstanding
title IV of the Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996, an alien who
is a victim of a severe form of
trafficking in persons shall be eligible
for benefits and services under
any Federal or State program or activity
funded or administered by any
official or agency described in
subparagraph (B) to the same extent as
an alien who is admitted to the United
States as a refugee under section
207 of the Immigration and Nationality
Act.
(B) REQUIREMENT TO EXPAND
BENEFITS AND SERVICES.-Subject to
subparagraph (C) and, in the case of
nonentitlement programs, to the
availability of appropriations, the
Secretary of Health and Human
Services, the Secretary of Labor, the
Board of Directors of the Legal
Services Corporation, and the heads of
other Federal agencies shall
expand benefits and services to victims
of severe forms of trafficking
in persons in the United States, without
regard to the immigration
status of such victims.
(C) DEFINITION OF VICTIM OF
A SEVERE FORM OF TRAFFICKING IN
PERSONS.-For the purposes of this
paragraph, the term "victim of a
severe form of trafficking in persons"
means only a person-
(i) who has been
subjected to an act or practice
described in section 103(8) as in effect
on the date of the enactment of
this Act; and
(ii)(I) who has not
attained 18 years of age; or
(II) who is the subject
of a certification under
subparagraph (E).
(D) ANNUAL REPORT.-Not
later than December 31 of each year,
the Secretary of Health and Human
Services, in consultation with the
Secretary of Labor, the Board of
Directors of the Legal Services
Corporation, and the heads of other
appropriate Federal agencies shall
submit a report, which includes
information on the number of persons who
received benefits or other services
under this paragraph in connection
with programs or activities funded or
administered by such agencies or
officials during the preceding fiscal
year, to the Committee on Ways and
Means, the Committee on International
Relations, and the Committee on
the Judiciary of the House of
Representatives and the Committee on
Finance, the Committee on Foreign
Relations, and the Committee on the
Judiciary of the Senate.
(E) CERTIFICATION.-
(i) IN GENERAL.-Subject
to clause (ii), the
certification referred to in
subparagraph (C) is a certification by the
Secretary of Health and Human Services,
after consultation with the
Attorney General, that the person
referred to in subparagraph
(C)(ii)(II)-
(I) is willing to
assist in every reasonable way in
the investigation and prosecution of
severe forms of trafficking in
persons; and
(II)(aa) has made a
bona fide application for a
visa under section 101(a)(15)(T) of the
Immigration and Nationality Act,
as added by subsection (e), that has not
been denied; or
(bb) is a person
whose continued presence in the
United States the Attorney General is
ensuring in order to effectuate
prosecution of traffickers in persons.
(ii) PERIOD OF
EFFECTIVENESS.-A certification referred
to in subparagraph (C), with respect to
a person described in clause
(i)(II)(bb), shall be effective only for
so long as the Attorney General
determines that the continued presence
of such person is necessary to
effectuate prosecution of traffickers in
persons.
(iii) INVESTIGATION AND
PROSECUTION DEFINED.-For the
purpose of a certification under this
subparagraph, the term
"investigation and prosecution" includes-
(I) identification
of a person or persons who have
committed severe forms of trafficking in
persons;
(II) location and
apprehension of such persons; and
(III) testimony at
proceedings against such
persons.
(2) GRANTS.-
(A) IN GENERAL.-Subject to
the availability of
appropriations, the Attorney General may
make grants to States, Indian
tribes, units of local government, and
nonprofit, nongovernmental
victimsī service organizations to
develop, expand, or strengthen victim
service programs for victims of
trafficking.
(B) ALLOCATION OF GRANT
FUNDS.-Of amounts made available
for grants under this paragraph, there
shall be set aside-
(i) three percent for
research, evaluation, and
statistics;
(ii) two percent for
training and technical assistance;
and
(iii) one percent for
management and administration.
(C) LIMITATION ON FEDERAL
SHARE.-The Federal share of a
grant made under this paragraph may not
exceed 75 percent of the total
costs of the projects described in the
application submitted.
(c) TRAFFICKING VICTIM REGULATIONS.-Not
later than 180 days after the
date of enactment of this Act, the Attorney
General and the Secretary of State
shall promulgate regulations for law
enforcement personnel, immigration
officials, and Department of State officials
to implement the following:
(1) PROTECTIONS WHILE IN
CUSTODY.-Victims of severe forms of
trafficking, while in the custody of the
Federal Government and to the
extent practicable, shall-
(A) not be detained in
facilities inappropriate to their
status as crime victims;
[Page H8859]
(B) receive necessary
medical care and other assistance;
and
(C) be provided protection
if a victimīs 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
individualīs continued presence in the
United States, if after an
assessment, it is determined that such
individual is a victim of a
severe form of trafficking and a
potential witness to such trafficking,
in order to effectuate prosecution of
those responsible, and such
officials in investigating and
prosecuting traffickers shall protect the
safety of trafficking victims, including
taking measures to protect
trafficked persons and their family
members from intimidation, threats
of reprisals, and reprisals from
traffickers and their associates.
(4) TRAINING OF GOVERNMENT
PERSONNEL.-Appropriate personnel of
the Department of State and the
Department of Justice shall be trained
in identifying victims of severe forms
of trafficking and providing for
the protection of such victims.
(d) CONSTRUCTION.-Nothing in subsection
(c) shall be construed as
creating any private cause of action against
the United States or its officers
or employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN
CRIME VICTIMS.-
(1) IN GENERAL.-Section
101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15))
is amended-
(A) by striking "or" at the
end of subparagraph (R);
(B) by striking the period
at the end of subparagraph (S)
and inserting "; or"; and
(C) by adding at the end
the following new subparagraph:
"(T)(i) subject to section
214(n), an alien who the
Attorney General determines-
"(I) is or has been a
victim of a severe form of
trafficking in persons, as defined in
section 103 of the Trafficking
Victims Protection Act of 2000,
"(II) is physically
present in the United States,
American Samoa, or the Commonwealth of
the Northern Mariana Islands, or
at a port of entry thereto, on account
of such trafficking,
"(III)(aa) has complied
with any reasonable request for
assistance in the investigation or
prosecution of acts of trafficking,
or
"(bb) has not attained
15 years of age, and
"(IV) the alien would
suffer extreme hardship involving
unusual and severe harm upon removal; and
"(ii) if the Attorney
General considers it necessary to
avoid extreme hardship-
"(I) in the case of an
alien described in clause (i)
who is under 21 years of age, the
spouse, children, and parents of such
alien; and
"(II) in the case of an
alien described in clause (i)
who is 21 years of age or older, the
spouse and children of such alien,
if accompanying, or
following to join, the alien described
in clause (i).".
(2) CONDITIONS OF NONIMMIGRANT
STATUS.-Section 214 of the
Immigration and Nationality Act (8
U.S.C. 1184) is amended-
(A) by redesignating the
subsection (l) added by section
625(a) of the Illegal Immigration Reform
and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 110
Stat. 3009-1820) as subsection (m);
and
(B) by adding at the end
the following:
"(n)(1) No alien shall be eligible for
admission to the United States
under section 101(a)(15)(T) if there is
substantial reason to believe that the
alien has committed an act of a severe form of
trafficking in persons (as
defined in section 103 of the Trafficking
Victims Protection Act of 2000).
"(2) The total number of aliens who may
be issued visas or otherwise
provided nonimmigrant status during any fiscal
year under section
101(a)(15)(T) may not exceed 5,000.
"(3) The numerical limitation of
paragraph (2) shall only apply to
principal aliens and not to the spouses, sons,
daughters, or parents of such
aliens.".
(3) WAIVER OF GROUNDS FOR
INELIGIBILITY FOR ADMISSION.-Section
212(d) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)) is
amended by adding at the end the
following:
"(13)(A) The Attorney General shall
determine whether a ground for
inadmissibility exists with respect to a
nonimmigrant described in section
101(a)(15)(T).
"(B) In addition to any other waiver that
may be available under this
section, in the case of a nonimmigrant
described in section 101(a)(15)(T), if
the Attorney General considers it to be in the
national interest to do so, the
Attorney General, in the Attorney Generalīs
discretion, may waive the
application of-
"(i) paragraphs (1) and (4) of
subsection (a); and
"(ii) any other provision of
such subsection (excluding
paragraphs (3), (10)(C), and (10(E)) if
the activities rendering the
alien inadmissible under the provision
were caused by, or were incident
to, the victimization described in
section 101(a)(15)(T)(i)(I).".
(4) DUTIES OF THE ATTORNEY
GENERAL WITH RESPECT TO "T" VISA
NONIMMIGRANTS.-Section 101 of the
Immigration and Nationality Act (8
U.S.C. 1101) is amended by adding at the
end the following new
subsection:
"(i) With respect to each nonimmigrant
alien described in subsection
(a)(15)(T)(i)-
"(1) the Attorney General and
other Government officials, where
appropriate, shall provide the alien
with a referral to a
nongovernmental organization that would
advise the alien regarding the
alienīs 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
authorizedī 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 alienīs
admission into the United States, or for
conduct or a condition that was
not disclosed to the Attorney General
prior to the alienīs 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 Generalīs discretion,
may waive the application of-
"(A) paragraphs (1) and (4) of
section 212(a); and
"(B) any other provision of
such section (excluding paragraphs
(3), (10)(C), and (10(E)), if the
activities rendering the alien
inadmissible under the provision were
caused by, or were incident to,
the victimization described in section
101(a)(15)(T)(i)(I).
"(2) An alien shall be considered to have
failed to maintain continuous
physical presence in the United States under
paragraph (1)(A) if the alien has
departed from the United States for any period
in excess of 90 days or for any
periods in the aggregate exceeding 180 days.
"(3)(A) The total number of aliens whose
status may be adjusted under
paragraph (1) during any fiscal year may not
exceed 5,000.
"(B) The numerical limitation of
subparagraph (A) shall only apply to
principal aliens and not to the spouses, sons,
daughters, or parents of such
aliens.
"(4) Upon the approval of adjustment of
status under paragraph (1), the
Attorney General shall record the alienīs
lawful admission for permanent
residence as of the date of such approval.".
(g) ANNUAL REPORTS.-On or before October
31 of each year, the Attorney
General shall submit a report to the
appropriate congressional committees
setting forth, with respect to the preceding
fiscal year, the number, if any,
of otherwise eligible applicants who did not
receive visas under section
101(a)(15)(T) of the Immigration and
Nationality Act, as added by subsection
(e), or who were unable to adjust their status
under section 245(l) of such
Act, solely on account of the unavailability
of visas due to a limitation
imposed by section 214(n)(1) or 245(l)(4)(A)
of such Act.
SEC. 108. MINIMUM STANDARDS FOR THE
ELIMINATION OF TRAFFICKING.
(a) MINIMUM STANDARDS.-For purposes of
this division, the minimum
standards for the elimination of trafficking
applicable to the government of a
country of origin, transit, or destination for
a significant number of victims
of severe forms of trafficking are the
following:
(1) The government of the
country should prohibit severe forms
of trafficking in persons and punish
acts of such trafficking.
(2) For the knowing commission
of any act of sex trafficking
involving force, fraud, coercion, or in
which the victim of sex
trafficking is a child incapable of
giving meaningful consent, or of
trafficking which includes rape or
kidnapping or which causes a death,
the government of the country should
prescribe punishment commensurate
with that for grave crimes, such as
forcible sexual assault.
(3) For the knowing commission
of any act of a severe form of
trafficking in persons, the government
of the country should prescribe
punishment that is sufficiently
stringent to deter and that adequately
reflects the heinous nature of the
offense.
(4) The government of the
country should make serious and
sustained efforts to eliminate severe
forms of trafficking in persons.
(b) CRITERIA.-In determinations under
subsection (a)(4), the following
factors should be considered as indicia of
serious and sustained efforts to
eliminate severe forms of trafficking in
persons:
[Page H8860]
(1) Whether the government of
the country vigorously
investigates and prosecutes acts of
severe forms of trafficking in
persons that take place wholly or partly
within the territory of the
country.
(2) Whether the government of
the country protects victims of
severe forms of trafficking in persons
and encourages their assistance
in the investigation and prosecution of
such trafficking, including
provisions for legal alternatives to
their removal to countries in which
they would face retribution or hardship,
and ensures that victims are
not inappropriately incarcerated, fined,
or otherwise penalized solely
for unlawful acts as a direct result of
being trafficked.
(3) Whether the government of
the country has adopted measures
to prevent severe forms of trafficking
in persons, such as measures to
inform and educate the public, including
potential victims, about the
causes and consequences of severe forms
of trafficking in persons.
(4) Whether the government of
the country cooperates with other
governments in the investigation and
prosecution of severe forms of
trafficking in persons.
(5) Whether the government of
the country extradites persons
charged with acts of severe forms of
trafficking in persons on
substantially the same terms and to
substantially the same extent as
persons charged with other serious
crimes (or, to the extent such
extradition would be inconsistent with
the laws of such country or with
international agreements to which the
country is a party, whether the
government is taking all appropriate
measures to modify or replace such
laws and treaties so as to permit such
extradition).
(6) Whether the government of
the country monitors immigration
and emigration patterns for evidence of
severe forms of trafficking in
persons and whether law enforcement
agencies of the country respond to
any such evidence in a manner that is
consistent with the vigorous
investigation and prosecution of acts of
such trafficking, as well as
with the protection of human rights of
victims and the internationally
recognized human right to leave any
country, including oneīs own, and to
return to oneīs own country.
(7) Whether the government of
the country vigorously
investigates and prosecutes public
officials who participate in or
facilitate severe forms of trafficking
in persons, and takes all
appropriate measures against officials
who condone such trafficking.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO
MEET MINIMUM STANDARDS.
Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended by adding at the end the
following new section:
"SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO
MEET MINIMUM STANDARDS FOR THE
ELIMINATION OF TRAFFICKING.
"(a) AUTHORIZATION.-The President is
authorized to provide assistance to
foreign countries directly, or through
nongovernmental and multilateral
organizations, for programs, projects, and
activities designed to meet the
minimum standards for the elimination of
trafficking (as defined in section
103 of the Trafficking Victims Protection Act
of 2000), including-
"(1) the drafting of laws to
prohibit and punish acts of
trafficking;
"(2) the investigation and
prosecution of traffickers;
"(3) the creation and
maintenance of facilities, programs,
projects, and activities for the
protection of victims; and
"(4) the expansion of exchange
programs and international
visitor programs for governmental and
nongovernmental personnel to
combat trafficking.
"(b) FUNDING.-Amounts made available to
carry out the other provisions of
this part (including chapter 4 of part II of
this Act) and the Support for
East European Democracy (SEED) Act of 1989
shall be made available to carry
out this section.".
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING
TO MEET MINIMUM STANDARDS.
(a) STATEMENT OF POLICY.-It is the policy
of the United States not to
provide nonhumanitarian, nontrade-related
foreign assistance to any government
that-
(1) does not comply with
minimum standards for the elimination
of trafficking; and
(2) is not making significant
efforts to bring itself into
compliance with such standards.
(b) REPORTS TO CONGRESS.-
(1) ANNUAL REPORT.-Not later
than June 1 of each year, the
Secretary of State shall submit to the
appropriate congressional
committees a report with respect to the
status of severe forms of
trafficking in persons that shall
include-
(A) a list of those
countries, if any, to which the minimum
standards for the elimination of
trafficking are applicable and whose
governments fully comply with such
standards;
(B) a list of those
countries, if any, to which the minimum
standards for the elimination of
trafficking are applicable and whose
governments do not yet fully comply with
such standards but are making
significant efforts to bring themselves
into compliance; and
(C) a list of those
countries, if any, to which the minimum
standards for the elimination of
trafficking are applicable and whose
governments do not fully comply with
such standards and are not making
significant efforts to bring themselves
into compliance.
(2) INTERIM REPORTS.-In
addition to the annual report under
paragraph (1), the Secretary of State
may submit to the appropriate
congressional committees at any time one
or more interim reports with
respect to the status of severe forms of
trafficking in persons,
including information about countries
whose governments-
(A) have come into or out
of compliance with the minimum
standards for the elimination of
trafficking; or
(B) have begun or ceased to
make significant efforts to
bring themselves into compliance,
since the transmission of the
last annual report.
(3) SIGNIFICANT EFFORTS.-In
determinations under paragraph (1)
or (2) as to whether the government of a
country is making significant
efforts to bring itself into compliance
with the minimum standards for
the elimination of trafficking, the
Secretary of State shall consider-
(A) the extent to which the
country is a country of origin,
transit, or destination for severe forms
of trafficking;
(B) the extent of
noncompliance with the minimum standards
by the government and, particularly, the
extent to which officials or
employees of the government have
participated in, facilitated, condoned,
or are otherwise complicit in severe
forms of trafficking; and
(C) what measures are
reasonable to bring the government
into compliance with the minimum
standards in light of the resources and
capabilities of the government.
(c) NOTIFICATION.-Not less than 45 days
or more than 90 days after the
submission, on or after January 1, 2003, of an
annual report under subsection
(b)(1), or an interim report under subsection
(b)(2), the President shall
submit to the appropriate congressional
committees a notification of one of
the determinations listed in subsection (d)
with respect to each foreign
country whose government, according to such
report-
(A) does not comply with the
minimum standards for the
elimination of trafficking; and
(B) is not making significant
efforts to bring itself into
compliance, as described in subsection
(b)(1)(C).
(d) PRESIDENTIAL DETERMINATIONS.-The
determinations referred to in
subsection (c) are the following:
(1) WITHHOLDING OF
NONHUMANITARIAN, NONTRADE-RELATED
ASSISTANCE.-The President has determined
that-
(A)(i) the United States
will not provide nonhumanitarian,
nontrade-related foreign assistance to
the government of the country for
the subsequent fiscal year until such
government complies with the
minimum standards or makes significant
efforts to bring itself into
compliance; or
(ii) in the case of a
country whose government received no
nonhumanitarian, nontrade-related
foreign assistance from the United
States during the previous fiscal year,
the United States will not
provide funding for participation by
officials or employees of such
governments in educational and cultural
exchange programs for the
subsequent fiscal year until such
government complies with the minimum
standards or makes significant efforts
to bring itself into compliance;
and
(B) the President will
instruct the United States Executive
Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to
use the Executive Directorīs 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 confe