Trafficking Victims Protection Act of 2000-Part III
(Sec. 108) Establishes 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. Urges such countries to prohibit such trafficking, to punish such acts, and to eliminate such trafficking.
(Sec. 109) Amends the FAA to authorize the President to provide assistance to foreign countries directly or through nongovernmental, intergovernmental, and multilateral organizations for programs and activities designed to meet the minimum standards for the elimination of trafficking, including the drafting of laws to prohibit and punish acts of trafficking, the investigation and prosecution of traffickers, the 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. 110) Declares that it is U.S. policy not to provide non-humanitarian, non-trade-related foreign assistance to any government that does not comply with minimum standards for the elimination of trafficking and that is not making significant efforts to comply with such standards.
Requires the Secretary to submit to the appropriate congressional committees reports with respect to the status of severe forms of trafficking and those countries to which the minimum standards for the elimination of trafficking are applicable whose governments: (1) fully comply with such standards; (2) do not yet fully comply but are making significant efforts to comply; and (3) do not fully comply and are not making significant efforts to do. Specifies possible presidential determinations with respect to: (1) the withholding of non-humanitarian, non-trade-related assistance; (2) ongoing, multiple, broad-based restrictions on assistance in response to human rights violations; (3) subsequent compliance; and (4) continuation of assistance in the national interest and waiver authority.
(Sec. 111) Authorizes 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 the appropriate congressional committees: (1) identifying publicly the foreign persons that the President determines are appropriate for sanctions and the basis for such determination; and (2) detailing publicly the sanctions imposed.
Creates a ground of inadmissibility for: (1) any alien who is identified as such a foreign person or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder in severe forms of trafficking; and (2) the alien's spouse, son, or daughter who has, within the previous five years, knowingly obtained any financial or other benefit from the alien's illicit activity, with an exception for a son or daughter who was a child at the time he or she received the benefit.
(Sec. 112) 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 kidnapping, aggravated sexual abuse, or an attempt to kill.
Prohibits: (1) forced labor; (2) trafficking with respect to peonage, slavery, or involuntary servitude; and (3) sex trafficking of children or of others by force, fraud, or coercion. Sets penalties for violations, including life imprisonment.
Prohibits knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport, other immigration document, or government identification document, of another person: (1) in the course of specified violations, such as trafficking with respect to peonage, slavery, involuntary servitude, or forced labor; (2) with intent to violate specified provisions; or (3) when the person is or has been a victim of a severe form of trafficking. Sets penalties for violations. Makes this paragraph inapplicable to the conduct of a person who is or has been a victim of a severe form of trafficking if that conduct is caused by, or incident to, that trafficking.
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.
(Sec. 113) Authorizes appropriations to carry out this Act for: (1) the Task Force; (2) the Secretary of HHS; (3) the Secretary (for assistance for victims in other countries, voluntary contributions to OSCE, and annual Country Reports on Human Rights Practices); (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.
Trafficking Victims Protect Act, Part I
Trafficking Victims Protect Act, Part II
HR3244 - Passed by the 106th Congress; reference from thomas.loc.gov
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