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United States · Law · HR

H.R. 3244 (106th)

Victims of Trafficking and Violence Protection Act of 2000

enactedUnited States· United States Congress· EN

Introduced

8 November 1999

Last action

—

Status

Became Public Law No: 106-386.

Sponsors

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Subjects

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Source updated

7 April 2025

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Summary

Trafficking Victims Protection Act of 1999 - Directs the Secretary of State (the Secretary), as part of the annual Country Reports on Human Rights Practices, to include information to address the status of trafficking in persons, including: (1) a list of foreign countries that are countries of origin, transit, or destination for a significant number of victims of "severe forms of trafficking" (defined as sex trafficking in which either a commercial sex act or any act or event contributing to such act is effected or induced by force, coercion, fraud, or deception, or in which the person induced to perform such act has not attained age 18, and the purchase, sale, recruitment, harboring, transportation, transfer, or receipt of a person for the purpose of subjection to involuntary servitude, peonage, or slavery, or slavery-like practices which is effected by force, coercion, fraud, or deception); (2) a description of the nature and extent of severe forms of trafficking in persons in each country (descriptive information); (3) an assessment of the efforts by such governments to combat severe forms of trafficking (assessment information); and (4) descriptive information and, where appropriate, assessment information, on a country-by-country basis. (Sec 5) Requires the President to establish an Interagency Task Force to Monitor and Combat Trafficking, chaired by the Secretary. Authorizes the Secretary to establish within the Department of State an Office to Monitor and Combat Trafficking, which shall assist the Task Force and be administered by a Director. Directs the Task Force to: (1) coordinate the implementation of this Act; (2) measure and evaluate progress of the United States and other countries in trafficking prevention, protection of and provision of assistance to trafficking victims, and prosecution and enforcement against traffickers; (3) expand interagency procedures to collect and organize data (and respect the confidentiality of trafficking victims); (4) engage in efforts to 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 children and in the sexual exploitation of women and children around the world; and (6) make recommendations on appropriate measures to combat this industry. (Sec. 6) Directs the President: (1) acting through the Administrator of the Agency for International Development (AID) and the heads of other appropriate agencies, to establish and carry out initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking; (2) acting through the Secretaries of Labor, Health and Human Services (HHS) and State, and through the Attorney General, to establish and carry out programs to increase public awareness, particularly among potential victims, of the dangers of trafficking and the protections that are available for victims; and (3) to consult with appropriate nongovernmental organizations with respect to the establishment and conduct of initiatives under this section. (Sec. 7) Requires the Secretary and the Administrator to establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement of victims of trafficking and their children and to take appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims, to assist in such integration, reintegration, or resettlement. Directs the Attorney General, the Secretaries of HHS and Labor, and the Board of Directors of the Legal Services Corporation, subject to the availability of appropriations, to expand existing services to provide assistance to victims of severe forms of trafficking in persons within the United States, without regard to such victims' immigration status. Makes such victims eligible, without regard to their immigration status, for any benefits that are otherwise available under the Crime Victims Fund. Authorizes the Attorney General to make grants to States, U.S. territories and possessions, Indian tribes, units of local government, and nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for trafficking victims, subject to specified conditions. Provides trafficking victims a civil right of action for violations of Federal criminal code (the code) provisions (established by section 12 of this Act) regarding trafficking into slavery-like conditions or sex trafficking of children by force, fraud, or coercion. Directs the Attorney General and the Secretary to promulgate regulations for law enforcement personnel, immigration officials, and State Department officials to provide that: (1) victims of severe forms of trafficking, while in Federal custody, shall be housed in appropriate shelter, receive prompt medical care, food, and other assistance, and be provided protection if a victim's safety is at risk; (2) such victims shall not be jailed, fined, or otherwise penalized due to having been trafficked, and shall have access to legal assistance, information about their rights, and translation services; (3) Federal law enforcement officials shall act to ensure an alien's continued presence in the United States if, after an assessment, it is determined that such alien is a victim of trafficking or a material witness; and (4) appropriate personnel of the Departments of State and Justice shall be trained in identifying such victims and providing for their protection. Amends the code to make funds derived from the sale of assets seized from and forfeited by trafficking available for victims assistance programs under this Act. Amends the Immigration and Nationality Act to allow the Attorney General to: (1) grant non-immigrant visas to certain victims of severe forms of trafficking who are in the United States and who would face a significant possibility of retribution or other harm if they were removed from the United States; and (2) adjust to lawful permanent resident status the status of victims who have been in the United States continuously for three years since admission, who have remained of good moral character, who have not unreasonably refused to assist in trafficking investigations or prosecutions, and who would face a significant possibility of retribution or other harm if removed from the United States. (Sec. 8) Establishes minimum standards applicable to countries that have a significant trafficking problem. Urges such countries to prohibit severe forms of trafficking in persons, to punish such acts, and to make serious and sustained efforts to eliminate such trafficking. (Sec. 9) Authorizes the Secretary and the Director of AID to provide assistance to foreign countries for programs and activities designed to meet the minimum international standards for the elimination of trafficking. (Sec. 10) Declares that it is U.S. policy to withhold non-humanitarian foreign assistance to countries which do not meet the minimum standards. Requires the Secretary to report annually to specified congressional committees regarding the status of severe forms of trafficking in persons, including a list of any countries that do not meet applicable minimum standards. Permits interim reports. Requires the President, for FY 2002 and subsequent fiscal years, for each country that fails to meet the standards, to make one of the following determinations: (1) to withhold U.S. non-humanitarian assistance; (2) to not provide funding for participation of employees of such country's governments in educational and cultural exchange programs; (3) to instruct the U.S. executive director of each multilateral development bank and the International Monetary Fund to vote against non-humanitarian assistance to such country; (4) that such country has come into compliance with the minimum standards; or (5) that the provision of non-humanitarian assistance to a country not meeting minimum standards is in the U.S. national interest. (Sec. 11) Authorizes: (1) the Secretary to compile and publish a list of foreign persons who play a significant role in a severe form of trafficking in persons, directly or indirectly in the United States, who materially support such persons, or who are owned or controlled by such persons; and (2) the President to impose sanctions under the International Emergency Economic Powers Act, including the freezing of assets located in the United States. Directs the President, upon exercising such authority, to report to specified congressional committees: (1) identifying publicly the foreign persons that the President determines are appropriate for sanctions; and (2) detailing publicly the sanctions imposed. Permits non-disclosure of persons on the list for intelligence and law enforcement reasons, and requires that Congress be notified of such exclusions on an annual basis. Excludes significant traffickers, and those who knowingly assist them, from entry into the United States. (Sec. 12) Amends the code to: (1) double the current maximum penalties for peonage, enticement into slavery, and sale into involuntary servitude to 20 years imprisonment; and (2) add the possibility of life imprisonment for such violations resulting in death or involving kidnaping, aggravated sexual abuse, or an attempt to kill. Prohibits, and sets penalties for: (1) trafficking into involuntary servitude, peonage, or slavery-like conditions; (2) sex trafficking of children by force, fraud, or coercion; and (3) unlawfully possessing or destroying the identification or immigration documents of another in the course of a trafficking violation or in an attempt to impair a trafficking investigation or restrict a victim's movement. Requires that convicted traffickers provide full restitution to their victims. Directs courts to order the forfeiture to the United States of any of the trafficker's property that was used for or derived from violations of these laws. Makes victims of these crimes eligible for the Federal witness protection program. Directs the United States Sentencing Commission to review, and if appropriate amend, the sentencing guidelines to ensure that they are sufficiently stringent with respect to such trafficking offenses. Amends the Racketeer Influenced and Corrupt Organizations Act to add the new trafficking offenses to the list of covered activities. (Sec. 13) Authorizes appropriations to carry out this Act for: (1) the Interagency Task Force; (2) the Secretary of HHS; (3) the Secretary; (4) the Attorney General; (5) the President (for foreign victim assistance and assistance to foreign countries to meet the minimum standards); and (6) the Secretary of Labor.

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