Subject: [Stop-traffic] U.S. Passes Anti-Trafficking Legislation
From: Melanie Orhant (morhant@igc.org)
Date: Fri Oct 13 2000 - 10:58:47 EDT
For the complete bill, please go to:
http://thomas.loc.gov/cgi-bin/query/z?c106:S.1842:
____________________________
Senator Paul Wellstone's
HR 3244: The Victims of Trafficking and Violence Protection Act of
2000
Bill Summary
Definition
Establishes a two-tier definition of trafficking, involving "sex
trafficking" under Tier 1 and "severe forms of trafficking in persons"
under Tier 2. Tier 1 concerns work in the sex industry only (voluntary
or forced), and Tier 2 concerns all labor, which includes sex work if
there is an element of force, fraud or coercion. Tier 2 is the only
operative definition for enforcement and sanctions against governments
or individuals.
The term "coercion" means threats of serious harm or physical
restraint, circumstances not necessarily including physical force but
intended to cause a person to believe that failure to perform an act
will result in serious harm or physical restraint to any person, or
the abuse or threatened abuse of the legal process.
Country Reports on Trafficking
Requires an expansion of reporting on severe forms of trafficking
in persons in the annual Country Reports on Human Rights Practices.
Interagency Task Force to Monitor and Combat Trafficking
To improve inter-agency cooperation, establishes an Interagency
Task Force to Monitor and Combat Trafficking, chaired by the Secretary
of State. Authorizes within the Department of State an Office to
Monitor and Combat Trafficking to assist the Task Force.
The Task Force will (1) coordinate anti-trafficking efforts; (2)
assess domestic and international progress on trafficking prevention,
protection and assistance to trafficking victims, and prosecution and
enforcement against traffickers; and have the primary responsibility
for assisting the Secretary of State in the preparation of the reports
used in the determination of countries to be sanctioned; (3) expand
data collection procedures on trafficking here and abroad; (4)
facilitate cooperation among countries of origin, transit and
destination; (5) examine the role of the international "sex tourism"
industry in the trafficking of women and recommend measures to combat
it; and (6) consult with governmental and non-governmental
organizations to advance anti-trafficking efforts.
Trafficking Prevention
To address poverty and lack of public awareness which fuels the
trafficking industry, appropriate government agencies, in consultation
with non-governmental organizations, will establish initiatives to
enhance economic opportunity for trafficking victims, primarily women
and children, by increasing access to job and skills training,
micro-credit lending programs, and education.
Requires public awareness and information campaigns in the US and
abroad about the dangers of trafficking, and protections available for
trafficking victims.
Protection and Assistance for Victims of Trafficking
Increases the capacity of foreign countries to safely reintegrate
victims of trafficking into their societies, and to engage in
cooperative efforts with other countries.
Expands existing domestic services to provide assistance to victims
of trafficking in persons, regardless of immigration status.
For the purposes of receiving such assistance, a victim is one who
(1) has not attained 18 years of age; or (2) is willing to assist in
every reasonable way in the investigation and prosecution of
trafficking; and (i) has made a bone fide application for a
trafficking visa, or (ii) is a person whose continued presence the
Attorney General is ensuring to effectuate prosecution of trafficking.
Requires the Attorney General and Secretary of State to jointly
issue regulations for law enforcement personnel, immigration
officials, and foreign service officers to help them better identify
and provide protection and other assistance to trafficking victims.
Immigration Assistance
Aliens in the US who are trafficking victims, as determined by the
Attorney General, are permitted to remain in the US under a new
non-immigrant visa subject to certain conditions.
The victim must have (1) (i) complied with any reasonably request
for assistance in the investigation or prosecution of acts of
trafficking, or (ii) not have attained the age of 15; and (2) would
suffer extreme hardship involving unusual and severe harm if removed
from the US.
Provides the Attorney General discretion to adjust the status of
trafficking victims to permanent resident. The total number of aliens
who may be issued such a visa can not exceed 5,000 annually.
Actions Against Countries and Persons Involved in Trafficking
Establishes minimum standards for the elimination of trafficking
for countries of origin, transit or destination for a significant
number of victims and requires the Secretary of State to list: (A)
those countries which fully comply with such standards; (B) those
countries which do not yet fully comply with such standards but are
making significant efforts to come into compliance; and (C) those
countries which do not fully comply with such standards and are not
making significant efforts to bring themselves into compliance.
Requires the President to impose sanctions on countries in tier
(C).
The President shall exercise his waiver so as to avoid adverse
effects on vulnerable populations, including women and children and if
it is in the national interest (national interest waiver).
Authorizes the Secretary of State to publish a list of foreign
persons involved in trafficking and authorizes the President to impose
International Emergency Economic Powers Act-type sanctions against any
foreign person on that list.
Strengthening Prosecution and Punishment of Traffickers
Enhances existing criminal penalties and criminalizes all forms of
trafficking in persons.
Increases penalties under existing slavery and peonage statutes,
including life imprisonment for cases resulting in death, or involving
kidnaping, aggravated sexual abuse, or an attempt to kill. Provides
for life imprisonment for sex trafficking in children if the victim is
under the age of 14, and imprisonment for up to 20 years if the victim
is between 14-18.
Provides for substantial fines or imprisonment for those who
confiscate documents from trafficking victims as part of the
trafficking scheme, authorizes restitution for trafficking victims,
and provides for criminal forfeiture of traffickers' assets. Also
provides for witness protection and review of federal sentencing
guidelines.
Funding
Authorizes $94.5 million in appropriations for FY 2001 and for FY
2002, including $4.5 million for the Interagency Task Force, $15
million for the President to institute prevention initiatives, and $15
million to help foreign countries meet the minimum international
standards for the elimination of trafficking, and $15 million each for
the Departments of Health and Human Services, State, Justice and Labor
for domestic and international victim assistance programs.
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