The Life of a Sex Trafficked Victim

Court Side Impact: The Life Of A Sex Trafficked Victim

November 21, 2016

Conducted by: The Honorable Virginia M. Kendall

CLE Materials Index

1. Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464

2. Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22, 129 Stat. 227

3. 2013 Analysis of State Human Trafficking Laws: An Analysis of Twelve Categories of State Laws that are Critical to a Basic Legal Framework that Combats Human Trafficking, Polaris Project, https://polarisproject.org/sites/default/files/2013-State- Ratings-Analysis.pdf

4. Virginia M. Kendall, Understanding Human Trafficking Cases (Nov. 17, 2016) (unpublished PowerPoint presentation, on file with author)

5. Virginia M. Kendall, Greasing the Palm: An Argument for an Increased Focus on Public Corruption in the Fight Against International Human Trafficking, 44 CORNELL INT’L L.J. 33 (2011)

6. National Human Trafficking Resource Center (NHTRC) Data Breakdown, United States Report, 1/1/2015-12/31/2015, National Human Trafficking Resource Center, https://traffickingresourcecenter.org/sites/default/files/NHTRC%202015%20United%20S tates%20Report%20-%20USA%20-%2001.01.15%20-%2012.31.pdf

7. Exec. Order No. 13627, 77 Fed. Reg. 60029 (Sept. 25, 2012)

8. Modern Slavery Act 2015, c. 30 (Eng.)

9. Human Trafficking and Public Corruption: A report by the IBA’s Presidential Task Force Against Human Trafficking, International Bar Association, http://www.ibanet.org/Document/Default.aspx?DocumentUid=E34FFA1D-8038-4AEC- A631-E0E2A7E0AD86

PUBLIC LAW 106–386—OCT. 28, 2000

VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000

114 STAT. 1464 PUBLIC LAW 106–386—OCT. 28, 2000

Public Law 106–386 106th Congress An Act

To combat trafficking in persons, especially into the sex trade, slavery, and involun- Oct. 28, 2000 tary servitude, to reauthorize certain Federal programs to prevent violence against [H.R. 3244] women, and for other purposes.

Be it enacted by the Senate and House of Representatives of Victims of the United States of America in Congress assembled, Trafficking and Violence SECTION 1. SHORT TITLE. Protection Act of 2000. This Act may be cited as the ‘‘Victims of Trafficking and 22 USC 7101 Violence Protection Act of 2000’’. note. 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.

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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. 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. Aimee’s law. Sec. 2002. Payment of anti-terrorism judgments. Sec. 2003. Aid to victims of terrorism. Sec. 2004. Twenty-first amendment enforcement.

114 STAT. 1466 PUBLIC LAW 106–386—OCT. 28, 2000

Trafficking DIVISION A—TRAFFICKING VICTIMS Victims Protection Act of PROTECTION ACT OF 2000 2000.

22 USC 7101 SEC. 101. SHORT TITLE. note. This division may be cited as the ‘‘Trafficking Victims Protection Act of 2000’’.

22 USC 7101. 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, starva- tion, 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

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1467 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.

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(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 victims’ 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 impos- sible 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. Acknowl- edging 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 Conven- tion on the Abolition of Slavery, the Slave Trade, and Institu- tions 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.

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(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. 22 USC 7102. 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 Representa- tives. (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 (C)e th 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 e(B) th abuse or threatened abuse of the legal process. (6) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF- FICKING.—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—

114 STAT. 1470 PUBLIC LAW 106–386—OCT. 28, 2000

(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 Invest- ment 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 Inter- agency 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,

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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. 22 USC 2151n. (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 Traf- ficking 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

114 STAT. 1472 PUBLIC LAW 106–386—OCT. 28, 2000

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 Traf- ficking 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

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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 per-

sons 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.’’.

SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAF- 22 USC 7103. FICKING.

(a) ESTABLISHMENT.—The President shall establish an Inter- President. agency 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 Sec- retary 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.

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(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. 22 USC 7104. SEC. 106. PREVENTION OF TRAFFICKING.

(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAF- FICKING.—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 women’s 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)d an (b). 22 USC 7105. SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAF- FICKING. (a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.— (1) IN GENERAL.—The Secretary of State and the Adminis- trator of the United States Agency for International Develop- ment, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration,

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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.—Notwith- standing 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 SERV-

ICES.—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 TRAF- FICKING 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 Deadline. 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

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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 Immigra- tion 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 victims’ 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.

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1477

(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 days Deadline. after the date of the 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 Govern- ment and to the extent practicable, shall— (A) not be detained in facilities inappropriate to their status as crime victims; (B) receive necessary medical care 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) 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 individual’s 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,

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‘‘(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 ADMIS- SION.— 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 General’s 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).’’.

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(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 alien’s 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 authorized’ 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 Nation- ality 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 alien’s admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien’s 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 General’s 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

114 STAT. 1480 PUBLIC LAW 106–386—OCT. 28, 2000

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 alien’s 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.

22 USC 7106. SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF- FICKING. (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: (1) Whether the government of the country vigorously investigates and prosecutes acts of severe forms of trafficking

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1481

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 per-

sons 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 one’s own, and to return to one’s 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 22 USC 2152d. 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— e‘‘(1) th drafting of laws to prohibit and punish acts of trafficking;

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‘‘(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. UNDING ‘‘(b) F .—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.’’.

22 USC 7107. SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MIN- IMUM 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.— Deadline. (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;

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(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 Deadline. 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— President. (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 Execu- tive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s 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 confers no benefit to that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance. (2) ONGOING, MULTIPLE, BROAD-BASED RESTRICTIONS ON ASSISTANCE IN RESPONSE TO HUMAN RIGHTS VIOLATIONS.—The President has determined that such country is already subject to multiple, broad-based restrictions on assistance imposed in significant part in response to human rights abuses and such restrictions are ongoing and are comparable to the restrictions

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provided in paragraph (1). Such determination shall be accompanied by a description of the specific restriction or restrictions that were the basis for making such determination.

(3) SUBSEQUENT COMPLIANCE.—The Secretary of State has determined that the government of the country has come into compliance with the minimum standards or is making signifi-

cant efforts to bring itself into compliance. (4) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST.—Notwithstanding the failure of the government of the country to comply with minimum standards for the elimi-

nation of trafficking and to make significant efforts to bring itself into compliance, the President has determined that the provision to the country of nonhumanitarian, nontrade-related foreign assistance, or the multilateral assistance described in

paragraph (1)(B), or both, would promote the purposes of this division or is otherwise in the national interest of the United States. (5) EXERCISE OF WAIVER AUTHORITY.—

(A) IN GENERAL.—The President may exercise the authority under paragraph (4) with respect to— (i) all nonhumanitarian, nontrade-related foreign

assistance to a country; (ii) all multilateral assistance described in paragraph (1)(B) to a country; or (iii) one or more programs, projects, or activities

of such assistance. (B) AVOIDANCE OF SIGNIFICANT ADVERSE EFFECTS.— President. The President shall exercise the authority under paragraph (4) when necessary to avoid significant adverse effects on

vulnerable populations, including women and children. (6) DEFINITION OF MULTILATERAL DEVELOPMENT BANK.— In this subsection, the term ‘‘multilateral development bank’’ refers to any of the following institutions: the International

Bank for Reconstruction and Development, the International Development Association, the International Finance Corpora- tion, the Inter-American Development Bank, the Asian Develop- ment Bank, the Inter-American Investment Corporation, the

African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. President. (e) CERTIFICATION.—Together with any notification under sub-

section (c), the President shall provide a certification by the Sec- retary of State that, with respect to any assistance described in clause (ii), (iii), or (v) of section 103(7)(A), or with respect to any

assistance described in section 103(7)(B), no assistance is intended to be received or used by any agency or official who has participated in, facilitated, or condoned a severe form of trafficking in persons.

22 USC 7108. SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS. (a) AUTHORITY TO SANCTION SIGNIFICANT TRAFFICKERS IN PER- SONS.— (1) IN GENERAL.—The President may exercise the authorities set forth in section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701) without regard to section 202 of that Act (50 U.S.C. 1701) in the case of any of the following persons:

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(A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States. (B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A). (C) Foreign persons that are owned, controlled, or

directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A). (2) PENALTIES.—The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C.

1705) apply to violations of any license, order, or regulation issued under this section. (b) REPORT TO CONGRESS ON IDENTIFICATION AND SANCTIONING OF SIGNIFICANT TRAFFICKERS IN PERSONS.— (1) IN GENERAL.—Upon exercising the authority of sub- President. section (a), the President shall report to the appropriate congressional committees— (A) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this section and the basis for such determination; and

(B) detailing publicly the sanctions imposed pursuant to this section. (2) REMOVAL OF SANCTIONS.—Upon suspending or termi- President. nating any action imposed under the authority of subsection (a), the President shall report to the committees described in paragraph (1) on such suspension or termination. (3) SUBMISSION OF CLASSIFIED INFORMATION.—Reports submitted under this subsection may include an annex with classified information regarding the basis for the determination made by the President under paragraph (1)(A). (c) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES NOT AFFECTED.—Nothing in this section prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof. (d) EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM ILLICIT ACTIVITIES OF TRAFFICKERS IN PERSONS.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end the following new subparagraph: ‘‘(H) SIGNIFICANT TRAFFICKERS IN PERSONS.— ‘‘(i) IN GENERAL.—Any alien who is listed in a report submitted pursuant to section 111(b) of the Traf- ficking Victims Protection Act of 2000, 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 with such a trafficker in severe forms of trafficking in persons, as defined in the section 103 of such Act, is inadmissible. ‘‘(ii) BENEFICIARIES OF TRAFFICKING.—Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien

114 STAT. 1486 PUBLIC LAW 106–386—OCT. 28, 2000

inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible. ‘‘(iii) EXCEPTION FOR CERTAIN SONS AND DAUGH- TERS.—Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.’’. (e) IMPLEMENTATION.— (1) DELEGATION OF AUTHORITY.—The President may dele- gate any authority granted by this section, including the authority to designate foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a). (2) PROMULGATION OF RULES AND REGULATIONS.—The head of any agency, including the Secretary of Treasury, is authorized to take such actions as may be necessary to carry out any authority delegated by the President pursuant to paragraph (1), including promulgating rules and regulations. (3) OPPORTUNITY FOR REVIEW.—Such rules and regulations shall include procedures affording an opportunity for a person to be heard in an expeditious manner, either in person or through a representative, for the purpose of seeking changes to or termination of any determination, order, designation or other action associated with the exercise of the authority in subsection (a). (f ) DEFINITION OF FOREIGN PERSONS.—In this section, the term ‘‘foreign person’’ means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign government official, but does not include a foreign state. (g) CONSTRUCTION.—Nothing in this section shall be construed as precluding judicial review of the exercise of the authority described in subsection (a).

22 USC 7109. SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAF- FICKERS. (a) TITLE 18 AMENDMENTS.—Chapter 77 of title 18, United States Code, is amended— (1) in each of sections 1581(a), 1583, and 1584— (A) by striking ‘‘10 years’’ and inserting ‘‘20 years’’; and (B) by adding at the end the following: ‘‘If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.’’; (2) by inserting at the end the following: ‘‘§ 1589. Forced labor ‘‘Whoever knowingly provides or obtains the labor or services of a person— ‘‘(1) by threats of serious harm to, or physical restraint against, that person or another person;

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‘‘(2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or ‘‘(3) by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

‘‘§ 1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor ‘‘Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

‘‘§ 1591. Sex trafficking of children or by force, fraud or coercion ‘‘(a) Whoever knowingly— ‘‘(1) in or affecting interstate commerce, recruits, entices, harbors, transports, provides, or obtains by any means a person; or ‘‘(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing that force, fraud, or coercion described in subsection (c)(2) will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b). ‘‘(b) The punishment for an offense under subsection (a) is— ‘‘(1) if the offense was effected by force, fraud, or coercion or if the person transported had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both; or ‘‘(2) if the offense was not so effected, and the person transported had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 20 years, or both. ‘‘(c)n I this section: ‘‘(1) The term ‘commercial sex act’ means any sex act, on account of which anything of value is given to or received by any person. ‘‘(2) The term ‘coercion’ means—

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‘‘(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 ‘‘(C) the abuse or threatened abuse of law or the legal process. ‘‘(3) The term ‘venture’ means any group of two or more individuals associated in fact, whether or not a legal entity. ‘‘§ 1592. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor ‘‘(a) Whoever knowingly destroys, conceals, removes, con- fiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person— ‘‘(1) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, 1591, or 1594(a); ‘‘(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or 1591; or ‘‘(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person 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, shall be fined under this title or imprisoned for not more than 5 years, or both. ‘‘(b) Subsection (a) does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protec- tion Act of 2000, if that conduct is caused by, or incident to, that trafficking. ‘‘§ 1593. Mandatory restitution ‘‘(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter. ‘‘(b)(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection. ‘‘(2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. ‘‘(3) As used in this subsection, the term ‘full amount of the victim’s losses’ has the same meaning as provided in section 2259(b)(3) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.). ‘‘(c) As used in this section, the term ‘victim’ means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent,

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1489 incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian. ‘‘§ 1594. General provisions ‘‘(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section. ‘‘(b) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States— ‘‘(1) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ‘‘(2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. ‘‘(c)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them: ‘‘(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter. ‘‘(B)y An property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter. ‘‘(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection. ‘‘(d) WITNESS PROTECTION.—Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection).’’; and (3) by amending the table of sections at the beginning of chapter 77 by adding at the end the following new items: ‘‘1589. Forced labor. ‘‘1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor. ‘‘1591. Sex trafficking of children or by force, fraud, or coercion. ‘‘1592. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor. ‘‘1593. Mandatory restitution. ‘‘1594. General provisions.’’. (b) AMENDMENT TO THE SENTENCING GUIDELINES.— (1) Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protec- tion Act.

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(2) In carrying out this subsection, the Sentencing Commis-

sion shall— (A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection

are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses; (B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to

the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and (C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1)

of this subsection that— (i) involve a large number of victims; (ii) involve a pattern of continued and flagrant violations;

(iii) involve the use or threatened use of a dangerous weapon; or (iv) result in the death or bodily injury of any person.

(3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

22 USC 7110. SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS. (a) AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE TASK FORCE.—To carry out the purposes of sections 104, 105, and 110, there are authorized to be appropriated to the Secretary of State $1,500,000 for fiscal year 2001 and $3,000,000 for fiscal year 2002. (b) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HEALTH AND HUMAN SERVICES.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Secretary of Health and Human Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002. (c) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE.— (1) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.—To carry out the purposes of section 107(a), there are authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002. (2) VOLUNTARY CONTRIBUTIONS TO OSCE.—To carry out the purposes of section 109, there are authorized to be appropriated to the Secretary of State $300,000 for voluntary contributions to advance projects aimed at preventing trafficking, promoting respect for human rights of trafficking victims, and assisting the Organization for Security and Cooperation in Europe participating states in related legal reform for fiscal year 2001. (3) PREPARATION OF ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS.—To carry out the purposes of section 104, there are authorized to be appropriated to the Secretary of State such sums as may be necessary to include the additional information required by that section in the annual Country Reports on Human Rights Practices, including the preparation and publication of the list described in subsection (a)(1) of that section.

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(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GEN- ERAL.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Attorney General $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002. (e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT.— (1) FOREIGN VICTIM ASSISTANCE.—To carry out the purposes

of section 106, there are authorized to be appropriated to the President $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.

(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.—To carry out the purposes of section 109, there are authorized to be appropriated to the President $5,000,000

for fiscal year 2001 and $10,000,000 for fiscal year 2002. (f ) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF LABOR.—To carry out the purposes of section 107(b), there are authorized to be appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.

DIVISION B—VIOLENCE AGAINST Violence Against Women Act of WOMEN ACT OF 2000 2000.

SEC. 1001. SHORT TITLE. 42 USC 13701 note. This division may be cited as the ‘‘Violence Against Women Act of 2000’’.

SEC. 1002. DEFINITIONS. 42 USC 3796gg– In this division— 2 note. (1)e th term ‘‘domestic violence’’ has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2); and (2) the term ‘‘sexual assault’’ has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2).

SEC. 1003. ACCOUNTABILITY AND OVERSIGHT. 42 USC 3789p. (a) REPORT BY GRANT RECIPIENTS.—The Attorney General or Secretary of Health and Human Services, as applicable, shall require grantees under any program authorized or reauthorized by this division or an amendment made by this division to report on the effectiveness of the activities carried out with amounts made available to carry out that program, including number of persons served, if applicable, numbers of persons seeking services who could not be served and such other information as the Attorney General or Secretary may prescribe. (b) REPORT TO CONGRESS.—The Attorney General or Secretary of Health and Human Services, as applicable, shall report biennially to the Committees on the Judiciary of the House of Representatives and the Senate on the grant programs described in subsection (a), including the information contained in any report under that subsection.

114 STAT. 1492 PUBLIC LAW 106–386—OCT. 28, 2000

TITLE I—STRENGTHENING LAW EN- FORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

(a) IN GENERAL.—Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.)

is amended— (1) in the heading, by adding ‘‘AND ENFORCEMENT OF PROTECTION ORDERS’’ at the end; 42 USC 3796hh. (2) in section 2101(b)— (A) in paragraph (6), by inserting ‘‘(including juvenile

courts)’’ after ‘‘courts’’; and (B) by adding at the end the following: ‘‘(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal

jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.’’; and 42 USC 3796hh– (3) in section 2102— 1. (A) in subsection (b)— (i) in paragraph (1), by striking ‘‘and’’ at the end; (ii) in paragraph (2), by striking the period at the end and inserting ‘‘, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);’’; and (iii) by adding at the end the following: ‘‘(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and ‘‘(4) in applications describing plans to further the purposes stated in paragraph (4) or (7) of section 2101(b), will give priority to using the grant to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.’’; and (B) by adding at the end the following: ‘‘(c) DISSEMINATION OF INFORMATION.—The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.’’. (b) PROTECTION ORDERS.— (1) FILING COSTS.—Section 2006 of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–5) is amended—

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(A) in the heading, by striking ‘‘FILING’’ and inserting ‘‘AND PROTECTION ORDERS’’ after ‘‘CHARGES’’; (B) in subsection (a)— (i) by striking paragraph (1) and inserting the following: ‘‘(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; or’’; and (ii) in paragraph (2)(B), by striking ‘‘2 years’’ and inserting ‘‘2 years after the date of the enactment of the Violence Against Women Act of 2000’’; and (C) by adding at the end the following: ‘‘(c) DEFINITION.—In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18, United States Code.’’. (2) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLI- CIES.—Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (A) in subsection (c), by striking paragraph (4) and inserting the following: ‘‘(4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction.’’; and (B) by adding at the end the following: ‘‘(d) DEFINITION.—In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18, United States Code.’’. (3) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLI- CIES.—Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh– 1(a)(1)(B)) is amended by inserting before the semicolon the following: ‘‘or, in the case of the condition set forth in subsection 2101(c)(4), the expiration of the 2-year period beginning on the date the of the enactment of the Violence Against Women Act of 2000’’. (4) REGISTRATION FOR PROTECTION ORDERS.—Section 2265 of title 18, United States Code, is amended by adding at the end the following:

114 STAT. 1494 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(d) NOTIFICATION AND REGISTRATION.— ‘‘(1) NOTIFICATION.—A State or Indian tribe according full faith and credit to an order by a court of another State or

Indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State or tribal jurisdiction unless requested to do so by the

party protected under such order. ‘‘(2) NO PRIOR REGISTRATION OR FILING AS PREREQUISITE FOR ENFORCEMENT.—Any protection order that is otherwise consistent with this section shall be accorded full faith and

credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State or tribal jurisdiction. ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of this section,

a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil con- tempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the

authority of the tribe.’’. (c) TECHNICAL AMENDMENT.—The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the item relating to part

U, by adding ‘‘AND ENFORCEMENT OF PROTECTION ORDERS’’ at the end.

SEC. 1102. ROLE OF COURTS.

(a) COURTS AS ELIGIBLE STOP SUBGRANTEES.—Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— 42 USC 3796gg. (1) in section 2001— (A) in subsection (a), by striking ‘‘Indian tribal governments,’’ and inserting ‘‘State and local courts (including juvenile courts), Indian tribal governments, tribal courts,’’; and (B) in subsection (b)—

(i) in paragraph (1), by inserting ‘‘, judges, other court personnel,’’ after ‘‘law enforcement officers’’; (ii) in paragraph (2), by inserting ‘‘, judges, other

court personnel,’’ after ‘‘law enforcement officers’’; and (iii) in paragraph (3), by inserting ‘‘, court,’’ after ‘‘police’’; and 42 USC 3796gg– (2) in section 2002— 1. (A) in subsection (a), by inserting ‘‘State and local courts (including juvenile courts),’’ after ‘‘States,’’ the second place it appears; (B) in subsection (c), by striking paragraph (3) and inserting the following: ‘‘(3) of the amount granted— ‘‘(A) not less than 25 percent shall be allocated to police and not less than 25 percent shall be allocated to prosecutors; ‘‘(B) not less than 30 percent shall be allocated to victim services; and ‘‘(C) not less than 5 percent shall be allocated for State and local courts (including juvenile courts); and’’; and

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1495

(C) in subsection (d)(1), by inserting ‘‘court,’’ after ‘‘law enforcement,’’. (b) ELIGIBLE GRANTEES; USE OF GRANTS FOR EDUCATION.— Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (1) in subsection (a), by inserting ‘‘State and local courts (including juvenile courts), tribal courts,’’ after ‘‘Indian tribal governments,’’; (2) in subsection (b)— (A) by inserting ‘‘State and local courts (including juvenile courts),’’ after ‘‘Indian tribal governments’’; (B) in paragraph (2), by striking ‘‘policies and’’ and inserting ‘‘policies, educational programs, and’’; (C) in paragraph (3), by inserting ‘‘parole and probation officers,’’ after ‘‘prosecutors,’’; and (D) in paragraph (4), by inserting ‘‘parole and probation officers,’’ after ‘‘prosecutors,’’; (3) in subsection (c), by inserting ‘‘State and local courts (including juvenile courts),’’ after ‘‘Indian tribal governments’’; and (4) by adding at the end the following:

‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.’’. SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

(a) REAUTHORIZATION.—Section 1001(a) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (18) and inserting the following: ‘‘(18) There is authorized to be appropriated to carry out part T $185,000,000 for each of fiscal years 2001 through 2005.’’. RANT URPOSES (b) G P .—Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— (1) in section 2001— 42 USC 3796gg. (A) in subsection (b)— (i) in paragraph (5), by striking ‘‘racial, cultural, ethnic, and language minorities’’ and inserting ‘‘underserved populations’’; (ii) in paragraph (6), by striking ‘‘and’’ at the end; (iii) in paragraph (7), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ‘‘(8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; ‘‘(9) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;’’; and (B) by adding at the end the following: ‘‘(c) STATE COALITION GRANTS.—

114 STAT. 1496 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(1) PURPOSE.—The Attorney General shall award grants to each State domestic violence coalition and sexual assault

coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities. RANTS TO STATE COALITIONS ‘‘(2) G .—The Attorney General shall award grants to— ‘‘(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services

through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.); and ‘‘(B) each State sexual assault coalition, as determined by the Center for Injury Prevention and Control of the

Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.). ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award under this subsection by each State domestic violence and

sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b).’’; 42 USC 3796gg– (2) in section 2002(b)— 1. (A) by redesignating paragraphs (2) and (3) as para-

graphs (5) and (6), respectively; (B) in paragraph (1), by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’; (C) in paragraph (5), as redesignated, by striking

‘‘$500,000’’ and inserting ‘‘$600,000’’; and (D) by inserting after paragraph (1) the following: ‘‘(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 2001(c), with the

coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54 of the total

amount made available under this paragraph for each fiscal year; ‘‘(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 2001(c), with the coali-

tion for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54 of the total amount made available under this paragraph for each fiscal year; 1 ‘‘(4) ⁄54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country;’’; 42 USC 3796gg– (3) in section 2003, by striking paragraph (7) and inserting 2. the following: ‘‘(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the State planning process in consultation with the Attorney General;’’; and

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1497

(4) in section 2004(b)(3), by inserting ‘‘, and the membership 42 USC 3796gg– of persons served in any underserved population’’ before the 3.

semicolon. SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST

POLICIES. Section 1001(a) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (19) and inserting the following: ‘‘(19) There is authorized to be appropriated to carry out part U $65,000,000 for each of fiscal years 2001 through 2005.’’.

SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS.

Section 40295(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13971(c)) is amended—

(1) by striking paragraph (1) and inserting the following: ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.’’; and (2) by adding at the end the following:

‘‘(3) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent of the total amount made available to carry out this section for each fiscal year shall be available for grants to

Indian tribal governments.’’. SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

(a) REAUTHORIZATION.—Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032) is amended to read as follows: ‘‘SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated to carry out this subtitle $3,000,000 for each of fiscal years 2001 through 2005.’’. (b) TECHNICAL AMENDMENT.—Section 40602(a) of the Violence 42 USC 14031. Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting ‘‘and implement’’ after ‘‘improve’’. SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES. (a) INTERSTATE DOMESTIC VIOLENCE.—Section 2261 of title 18, United States Code, is amended by striking subsection (a) and inserting the following: ‘‘(a) OFFENSES.— ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who travels in interstate or foreign commerce or enters or leaves Indian country with the intent to kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b). ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person who causes a spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b).’’.

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(b) INTERSTATE STALKING.— N GENERAL (1) I .—Section 2261A of title 18, United States Code, is amended to read as follows:

‘‘§ 2261A. Interstate stalking ‘‘Whoever—

‘‘(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent

to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined

in section 115) of that person, or the spouse or intimate partner of that person; or ‘‘(2) with the intent— ‘‘(A) to kill or injure a person in another State or

tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or ‘‘(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdic-

tion of the United States, in reasonable fear of the death of, or serious bodily injury to— ‘‘(i) that person; ‘‘(ii) a member of the immediate family (as defined

in section 115) of that person; or ‘‘(iii) a spouse or intimate partner of that person, uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in

reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii), shall be punished as provided in section 2261(b).’’. 28 USC 994 note. (2) AMENDMENT OF FEDERAL SENTENCING GUIDELINES.— (A) IN GENERAL.—Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sen- tencing Guidelines to reflect the amendment made by this subsection. (B) FACTORS FOR CONSIDERATION.—In carrying out subparagraph (A), the Commission shall consider— (i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light of the amendment made by this subsection; and (ii) whether any changes the Commission may make to the Federal Sentencing Guidelines pursuant to clause (i) should also be made with respect to offenses under chapter 110A of title 18, United States Code. (c) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section 2262 of title 18, United States Code, is amended by striking subsection (a) and inserting the following: ‘‘(a) OFFENSES.— ‘‘(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment

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against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b). ‘‘(2) CAUSING TRAVEL OF VICTIM.—A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).’’. (d) DEFINITIONS.—Section 2266 of title 18, United States Code, is amended to read as follows: ‘‘§ 2266. Definitions ‘‘In this chapter: ‘‘(1) BODILY INJURY.—The term ‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. ‘‘(2) COURSE OF CONDUCT.—The term ‘course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. ‘‘(3) ENTER OR LEAVE INDIAN COUNTRY.—The term ‘enter or leave Indian country’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. ‘‘(4) INDIAN COUNTRY.—The term ‘Indian country’ has the meaning stated in section 1151 of this title. ‘‘(5) PROTECTION ORDER.—The term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. ‘‘(6) SERIOUS BODILY INJURY.—The term ‘serious bodily injury’ has the meaning stated in section 2119(2). ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The term ‘spouse or intimate partner’ includes— ‘‘(A) for purposes of— ‘‘(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and ‘‘(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child

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in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and ‘‘(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. ‘‘(8) STATE.—The term ‘State’ includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. ‘‘(9) TRAVEL IN INTERSTATE OR FOREIGN COMMERCE.—The term ‘travel in interstate or foreign commerce’ does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.’’. SEC. 1108. SCHOOL AND CAMPUS SECURITY. (a) GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON CAMPUS.—Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152) is amended— (1) in paragraphs (2), (6), (7), and (9) of subsection (b), by striking ‘‘and domestic violence’’ and inserting ‘‘domestic violence, and dating violence’’; (2) in subsection (c)(2)(B), by striking ‘‘and domestic violence’’ and inserting ‘‘, domestic violence and dating violence’’; (3) in subsection (f )— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following: ‘‘(1) the term ‘dating violence’ means violence committed by a person— ‘‘(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ‘‘(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: ‘‘(i) the length of the relationship; ‘‘(ii) the type of relationship; and ‘‘(iii) the frequency of interaction between the persons involved in the relationship.’’; (C) in paragraph (2) (as redesignated by subparagraph (A)), by inserting ‘‘, dating’’ after ‘‘domestic’’ each place the term appears; and (D) in paragraph (4) (as redesignated by subparagraph (A))— (i) by inserting ‘‘or a public, nonprofit organization acting in a nongovernmental capacity’’ after ‘‘organization’’; (ii) by inserting ‘‘, dating violence’’ after ‘‘assists domestic violence’’; (iii) by striking ‘‘or domestic violence’’ and inserting ‘‘, domestic violence or dating violence’’; and (iv) by inserting ‘‘dating violence,’’ before ‘‘stalking,’’; and

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(4) in subsection (g), by striking ‘‘fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years’’ and inserting ‘‘each of fiscal years 2001 through 2005’’. (b) MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part:

‘‘PART AA—MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

‘‘SEC. 2701. PROGRAM AUTHORIZED. 42 USC 3797a. ‘‘(a) IN GENERAL.—The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. ‘‘(b) USES OF FUNDS.—Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: ‘‘(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ‘‘(2) Security assessments. ‘‘(3) Security training of personnel and students. ‘‘(4) Coordination with local law enforcement. ‘‘(5)y An other measure that, in the determination of the Attorney General, may provide a significant improvement in security. ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. ‘‘(d) MATCHING FUNDS.— ‘‘(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. ‘‘(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ‘‘(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. ‘‘(e) EQUITABLE DISTRIBUTION.—In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ‘‘(f ) ADMINISTRATIVE COSTS.—The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this part for administrative costs.

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42 USC 3797b. ‘‘SEC. 2702. APPLICATIONS.

‘‘(a) IN GENERAL.—To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such

time, in such manner, and accompanied by such information as the Attorney General may require. Each application shall— ‘‘(1) include a detailed explanation of— ‘‘(A) the intended uses of funds provided under the grant; and

‘‘(B) how the activities funded under the grant will meet the purpose of this part; and ‘‘(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited

to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are—

‘‘(A) consistent with a comprehensive approach to preventing school violence; and ‘‘(B) individualized to the needs of each school at which those improvements are to be made. Deadline. ‘‘(b) GUIDELINES.—Not later than 90 days after the date of

the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting

the applications required under this section. 42 USC 3797c. ‘‘SEC. 2703. ANNUAL REPORT TO CONGRESS.

‘‘Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include,

for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. 42 USC 3797d. ‘‘SEC. 2704. DEFINITIONS.

‘‘For purposes of this part— ‘‘(1) the term ‘school’ means a public elementary or secondary school;

‘‘(2) the term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and ‘‘(3)e th term ‘Indian tribe’ has the same meaning as in

section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). 42 USC 3797e. ‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this part $30,000,000 for each of fiscal years 2001 through 2003.’’. SEC. 1109. DATING VIOLENCE. (a) DEFINITIONS.— (1) SECTION 2003.—Section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg– 2) is amended— (A) in paragraph (8), by striking the period at the end and inserting ‘‘; and’’; and

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(B) by adding at the end the following: ‘‘(9) the term ‘dating violence’ means violence committed by a person— ‘‘(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ‘‘(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: ‘‘(i) the length of the relationship; ‘‘(ii) the type of relationship; and ‘‘(iii) the frequency of interaction between the persons involved in the relationship.’’. (2) SECTION 2105.—Section 2105 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh– 4) is amended— (A) in paragraph (1), by striking ‘‘and’’ at the end; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) the term ‘dating violence’ means violence committed by a person— ‘‘(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ‘‘(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: e‘‘(i) th length of the relationship; ‘‘(ii) the type of relationship; and ‘‘(iii) the frequency of interaction between the persons involved in the relationship.’’. (b) STOP GRANTS.—Section 2001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended— (1) in paragraph (1), by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘sexual assault, domestic violence, and dating violence’’; and (2) in paragraph (5), by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘sexual assault, domestic violence, and dating violence’’. (c) GRANTS TO ENCOURAGE ARREST POLICIES.—Section 2101(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended— (1) in paragraph (2), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’; and (2) in paragraph (5), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’. (d) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE- MENT.—Section 40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is amended— (1) in paragraph (1), by inserting ‘‘and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg–2))’’ after ‘‘domestic violence’’; and (2) in paragraph (2), by inserting ‘‘and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg–2))’’ after ‘‘domestic violence’’.

114 STAT. 1504 PUBLIC LAW 106–386—OCT. 28, 2000

TITLE II—STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

42 USC 3796gg– SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS. 6. (a) IN GENERAL.—The purpose of this section is to enable the Attorney General to award grants to increase the availability of legal assistance necessary to provide effective aid to victims of domestic violence, stalking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims. (b) DEFINITIONS.—In this section: (1) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2). (2) LEGAL ASSISTANCE FOR VICTIMS.—The term ‘‘legal assistance’’ includes assistance to victims of domestic violence, stalking, and sexual assault in family, immigration, administrative agency, or housing matters, protection or stay away order proceedings, and other similar matters. No funds made available under this section may be used to provide financial assistance in support of any litigation described in paragraph (14) of section 504 of Public Law 104–134. (3) SEXUAL ASSAULT.—The term ‘‘sexual assault’’ has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 2). (c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.—The Attorney General may award grants under this subsection to private nonprofit entities, Indian tribal governments, and publicly funded organizations not acting in a governmental capacity such as law schools, and which shall be used— (1) to implement, expand, and establish cooperative efforts and projects between domestic violence and sexual assault victim services organizations and legal assistance providers to provide legal assistance for victims of domestic violence, stalking, and sexual assault; (2) to implement, expand, and establish efforts and projects to provide legal assistance for victims of domestic violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer legal assistance to victims of domestic violence, stalking, and sexual assault. (d) ELIGIBILITY.—To be eligible for a grant under subsection (c), applicants shall certify in writing that— y(1) an person providing legal assistance through a program funded under subsection (c) has completed or will complete training in connection with domestic violence or sexual assault and related legal issues; (2) any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a State, local, or

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1505

tribal domestic violence or sexual assault program or coalition, as well as appropriate State and local law enforcement officials; (3) any person or organization providing legal assistance through a program funded under subsection (c) has informed and will continue to inform State, local, or tribal domestic violence or sexual assault programs and coalitions, as well as appropriate State and local law enforcement officials of their work; and (4) the grantee’s organizational policies do not require medi- ation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, or child sexual abuse is an issue. (e) EVALUATION.—The Attorney General may evaluate the grants funded under this section through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual assault, and on evaluation research. (f ) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005. (2) ALLOCATION OF FUNDS.— (A) TRIBAL PROGRAMS.—Of the amount made available under this subsection in each fiscal year, not less than 5 percent shall be used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (B) VICTIMS OF SEXUAL ASSAULT.—Of the amount made available under this subsection in each fiscal year, not less than 25 percent shall be used for direct services, training, and technical assistance to support projects focused solely or primarily on providing legal assistance to victims of sexual assault. (3) NONSUPPLANTATION.—Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section. SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHIL- DREN. (a) REAUTHORIZATION.—Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows: ‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this title $175,000,000 for each of fiscal years 2001 through 2005.’’. (b) STATE MINIMUM; REALLOTMENT.—Section 304 of the Family Violence Prevention and Services Act (42 U.S.C. 10403) is amended— (1) in subsection (a), by striking ‘‘for grants to States for any fiscal year’’ and all that follows and inserting the following: ‘‘and available for grants to States under this subsection for any fiscal year— ‘‘(1) Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than 1⁄8 of 1 percent of the amounts available for grants under section 303(a) for the fiscal year for which the allotment is made; and

114 STAT. 1506 PUBLIC LAW 106–386—OCT. 28, 2000

‘‘(2) each State shall be allotted for payment in a grant

authorized under section 303(a), $600,000, with the remaining funds to be allotted to each State in an amount that bears the same ratio to such remaining funds as the population of such State bears to the population of all States.’’;

(2) in subsection (c), in the first sentence, by inserting ‘‘and available’’ before ‘‘for grants’’; and (3) by adding at the end the following: ‘‘(e) In subsection (a)(2), the term ‘‘State’’ does not include

any jurisdiction specified in subsection (a)(1).’’. SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE.

Title III of the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the

following: 42 USC 10419. ‘‘SEC. 319. TRANSITIONAL HOUSING ASSISTANCE. ‘‘(a) IN GENERAL.—The Secretary shall award grants under this section to carry out programs to provide assistance to individuals, and their dependents— ‘‘(1) who are homeless or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence; and ‘‘(2)r fo whom emergency shelter services are unavailable or insufficient. ‘‘(b) ASSISTANCE DESCRIBED.—Assistance provided under this section may include— ‘‘(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses, such as payment of security deposits and other costs incidental to relocation to transitional housing, in cases in which assistance described in this paragraph is necessary to prevent homelessness because an individual or dependent is fleeing a situation of domestic violence; and ‘‘(2) support services designed to enable an individual or dependent who is fleeing a situation of domestic violence to locate and secure permanent housing, and to integrate the individual or dependent into a community, such as transportation, counseling, child care services, case management, employment counseling, and other assistance. ‘‘(c) TERM OF ASSISTANCE.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), an individual or dependent assisted under this section may not receive assistance under this section for a total of more than 12 months. ‘‘(2) WAIVER.—The recipient of a grant under this section may waive the restrictions of paragraph (1) for up to an additional 6-month period with respect to any individual (and dependents of the individual) who has made a good-faith effort to acquire permanent housing and has been unable to acquire the housing. ‘‘(d) REPORTS.— ‘‘(1) REPORT TO SECRETARY.— ‘‘(A) IN GENERAL.—An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report describing the number of individuals and dependents assisted, and the types of housing assistance and support services provided, under this section.

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‘‘(B) CONTENTS.—Each report shall include information on—

‘‘(i) the purpose and amount of housing assistance provided to each individual or dependent assisted under this section;

‘‘(ii) the number of months each individual or dependent received the assistance; ‘‘(iii) the number of individuals and dependents who were eligible to receive the assistance, and to

whom the entity could not provide the assistance solely due to a lack of available housing; and ‘‘(iv) the type of support services provided to each individual or dependent assisted under this section. EPORT TO CONGRESS ‘‘(2) R .—The Secretary shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the

information contained in reports submitted under paragraph (1). ‘‘(e) EVALUATION, MONITORING, AND ADMINISTRATION.—Of the amount appropriated under subsection (f ) for each fiscal year, not more than 1 percent shall be used by the Secretary for evaluation, monitoring, and administrative costs under this section. ‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2001.’’. SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

Section 316(f ) of the Family Violence Prevention and Services

Act (42 U.S.C. 10416(f )) is amended by striking paragraph (1) and inserting the following: ‘‘(1) IN GENERAL.—There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years

2001 through 2005.’’. SEC. 1205. FEDERAL VICTIMS COUNSELORS.

Section 40114 of the Violent Crime Control and Law Enforce- ment Act of 1994 (Public Law 103–322; 108 Stat. 1910) is amended by striking ‘‘(such as District of Columbia)—’’ and all that follows and inserting ‘‘(such as District of Columbia), $1,000,000 for each of fiscal years 2001 through 2005.’’.

SEC. 1206. STUDY OF STATE LAWS REGARDING INSURANCE DISCRIMI- 42 USC 14042 NATION AGAINST VICTIMS OF VIOLENCE AGAINST note. WOMEN.

(a) IN GENERAL.—The Attorney General shall conduct a national study to identify State laws that address discrimination against victims of domestic violence and sexual assault related to issuance or administration of insurance policies. (b) REPORT.—Not later than 1 year after the date of the enact- Deadline. ment of this Act, the Attorney General shall submit to Congress a report on the findings and recommendations of the study required by subsection (a).

SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST 42 USC 14042 WOMEN. note. The Attorney General shall—

114 STAT. 1508 PUBLIC LAW 106–386—OCT. 28, 2000

(1) conduct a national survey of plans, programs, and practices developed to assist employers and employees on appropriate responses in the workplace related to victims of domestic violence, stalking, or sexual assault; and (2) not later than 18 months after the date of the enactment of this Act, submit to Congress a report describing the results of that survey, which report shall include the recommendations of the Attorney General to assist employers and employees affected in the workplace by incidents of domestic violence, stalking, and sexual assault.

42 USC 14042 SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS note. OF VIOLENCE AGAINST WOMEN.

The Secretary of Labor, in consultation with the Attorney Gen-

eral, shall— (1) conduct a national study to identify State laws that address the separation from employment of an employee due

to circumstances directly resulting from the experience of domestic violence by the employee and circumstances governing that receipt (or nonreceipt) by the employee of unemployment compensation based on such separation; and

(2) not later than 1 year after the date of the enactment of this Act, submit to Congress a report describing the results of that study, together with any recommendations based on

that study.

SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT.

(a) ELDER ABUSE, NEGLECT, AND EXPLOITATION.—The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended

by adding at the end the following:

‘‘Subtitle H—Elder Abuse, Neglect, and Ex-

ploitation, Including Domestic Violence

and Sexual Assault Against Older or Dis-

abled Individuals

42 USC 14041. ‘‘SEC. 40801. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) IN GENERAL.—The terms ‘elder abuse, neglect, and exploitation’, and ‘older individual’ have the meanings given the terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has the meaning given such term by section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2). ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual assault’ has the meaning given the term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 2).

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‘‘SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFI- 42 USC 14041a. CERS.

‘‘The Attorney General may make grants for training programs to assist law enforcement officers, prosecutors, and relevant officers of Federal, State, tribal, and local courts in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation and violence against individuals with disabilities, including domestic violence and sexual assault, against older or disabled individuals. ‘‘SEC. 40803. AUTHORIZATION OF APPROPRIATIONS. 42 USC 14041b.

‘‘There are authorized to be appropriated to carry out this subtitle $5,000,000 for each of fiscal years 2001 through 2005.’’. ROTECTIONS FOR LDER AND ISABLED NDIVIDUALS ROM (b) P O D I F DOMESTIC VIOLENCE AND SEXUAL ASSAULT IN PRO-ARREST GRANTS.— Section 2101(b) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is 42 USC 3796hh. amended by adding at the end the following:

‘‘(8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals (as defined in section

102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and individuals with disabilities (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2))).’’.

(c) PROTECTIONS FOR OLDER AND DISABLED INDIVIDUALS FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT IN STOP GRANTS.— Section 2001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by section

1103(b) of this division) is amended by adding at the end the following: ‘‘(10) developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to

address the needs and circumstances of older and disabled women who are victims of domestic violence or sexual assault, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services to such older and disabled

individuals; and’’.

TITLE III—LIMITING THE EFFECTS OF

VIOLENCE ON CHILDREN

SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM. 42 USC 10420. (a) IN GENERAL.—The Attorney General may award grants to States, units of local government, and Indian tribal governments that propose to enter into or expand the scope of existing contracts and cooperative agreements with public or private nonprofit entities to provide supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. (b) CONSIDERATIONS.—In awarding grants under subsection (a), the Attorney General shall take into account— (1) the number of families to be served by the proposed visitation programs and services;

114 STAT. 1510 PUBLIC LAW 106–386—OCT. 28, 2000

(2) the extent to which the proposed supervised visitation programs and services serve underserved populations (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2)); (3) with respect to an applicant for a contract or cooperative agreement, the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State or tribal domestic violence coalition, State or tribal sexual assault coalition, local shelters, and programs for domestic violence and sexual assault victims; and (4) the extent to which the applicant demonstrates coordination and collaboration with State and local court systems, including mechanisms for communication and referral. (c) APPLICANT REQUIREMENTS.—The Attorney General shall award grants for contracts and cooperative agreements to applicants that— (1) demonstrate expertise in the area of family violence, including the areas of domestic violence or sexual assault, as appropriate; (2) ensure that any fees charged to individuals for use of programs and services are based on the income of those individuals, unless otherwise provided by court order; (3) demonstrate that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, are in place for the operation of supervised visitation programs and services or safe visitation exchange; and

(4) prescribe standards by which the supervised visitation or safe visitation exchange will occur. (d) REPORTING.— Deadline. (1) IN GENERAL.—Not later than 1 year after the last day of the first fiscal year commencing on or after the date of the enactment of this Act, and not later than 180 days after the last day of each fiscal year thereafter, the Attorney General shall submit to Congress a report that includes information concerning— (A) the number of— (i) individuals served and the number of individuals turned away from visitation programs and services and safe visitation exchange (categorized by State); (ii) the number of individuals from underserved populations served and turned away from services; and (iii) the type of problems that underlie the need for supervised visitation or safe visitation exchange, such as domestic violence, child abuse, sexual assault, other physical abuse, or a combination of such factors; (B) the numbers of supervised visitations or safe visitation exchanges ordered under this section during custody determinations under a separation or divorce decree or protection order, through child protection services or other social services agencies, or by any other order of a civil, criminal, juvenile, or family court; e(C) th process by which children or abused partners are protected during visitations, temporary custody transfers, and other activities for which supervised visitation is established under this section;

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(D) safety and security problems occurring during the reporting period during supervised visitation under this section, including the number of parental abduction cases; and (E) the number of parental abduction cases in a judicial district using supervised visitation programs and services under this section, both as identified in criminal prosecution and custody violations. (2) GUIDELINES.—The Attorney General shall establish guidelines for the collection and reporting of data under this subsection. (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2001 and 2002. (f ) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent of the total amount made available for each fiscal year to carry out this section shall be available for grants to Indian tribal governments.

SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PRO-

GRAMS.

(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.—Section 218 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended by striking subsection (a) and inserting the following: UTHORIZATION ‘‘(a) A .—There is authorized to be appropriated to carry out this subtitle $12,000,000 for each of fiscal years 2001 through 2005.’’. (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL

AND PRACTITIONERS.—Section 224 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024) is amended by striking subsection (a) and inserting the following:

‘‘(a) AUTHORIZATION.—There is authorized to be appropriated to carry out this subtitle $2,300,000 for each of fiscal years 2001 through 2005.’’. RANTS FOR ELEVISED ESTIMONY (c) G T T .—Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (7) and inserting the following:

‘‘(7) There is authorized to be appropriated to carry out part N $1,000,000 for each of fiscal years 2001 through 2005.’’. (d) DISSEMINATION OF INFORMATION.—The Attorney General 42 USC 3793 shall— note. (1) annually compile and disseminate information (including through electronic publication) about the use of amounts expended and the projects funded under section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)), including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects; and (2) focus dissemination of the information described in paragraph (1) toward community-based programs, including domestic violence and sexual assault programs.

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28 USC 1738A SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS note. IN DOMESTIC VIOLENCE CASES.

(a) IN GENERAL.—The Attorney General shall— (1) conduct a study of Federal and State laws relating

to child custody, including custody provisions in protection orders, the Uniform Child Custody Jurisdiction and Enforce- ment Act adopted by the National Conference of Commissioners on Uniform State Laws in July 1997, the Parental Kidnaping

Prevention Act of 1980 and the amendments made by that Act, and the effect of those laws on child custody cases in which domestic violence is a factor; and (2) submit to Congress a report describing the results of

that study, including the effects of implementing or applying model State laws, and the recommendations of the Attorney General to reduce the incidence or pattern of violence against women or of sexual assault of the child.

(b) SUFFICIENCY OF DEFENSES.—In carrying out subsection (a) with respect to the Parental Kidnaping Prevention Act of 1980 and the amendments made by that Act, the Attorney General shall examine the sufficiency of defenses to parental abduction

charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from jurisdictional requirements of that Act and the amendments made by that Act. UTHORIZATION OF PPROPRIATIONS (c) A A .—There is authorized to be appropriated to carry out this section $200,000 for fiscal year 2001. (d) CONDITION FOR CUSTODY DETERMINATION.—Section

1738A(c)(2)(C)(ii) of title 28, United States Code, is amended by striking ‘‘he’’ and inserting ‘‘the child, a sibling, or parent of the child’’.

TITLE IV—STRENGTHENING EDU-

CATION AND TRAINING TO COMBAT

VIOLENCE AGAINST WOMEN

SEC. 1401. RAPE PREVENTION AND EDUCATION. (a) IN GENERAL.—Part J of title III of the Public Health Service

Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393A the following: 42 USC 280b–1c. ‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. ‘‘(a) PERMITTED USE.—The Secretary, acting through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, shall award targeted grants to States to be used for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for— ‘‘(1) educational seminars; ‘‘(2) the operation of hotlines; ‘‘(3) training programs for professionals; ‘‘(4) the preparation of informational material; ‘‘(5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities;

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‘‘(6) education to increase awareness about drugs used to facilitate rapes or sexual assaults; and ‘‘(7) other efforts to increase awareness of the facts about, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). ‘‘(b) COLLECTION AND DISSEMINATION OF INFORMATION ON SEXUAL ASSAULT.—The Secretary shall, through the National Resource Center on Sexual Assault established under the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, provide resource information, policy, training, and technical assistance to Federal, State, local, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault, including maintenance of a central resource library in order to collect, prepare, analyze, and disseminate information and statistics and analyses thereof relating to the incidence and prevention of sexual assault. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $80,000,000 for each of fiscal years 2001 through 2005. ‘‘(2) NATIONAL RESOURCE CENTER ALLOTMENT.—Of the total amount made available under this subsection in each fiscal year, not more than the greater of $1,000,000 or 2 percent of such amount shall be available for allotment under subsection (b). ‘‘(d) LIMITATIONS.— ‘‘(1) SUPPLEMENT NOT SUPPLANT.—Amounts provided to States under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services of the type described in subsection (a). ‘‘(2) STUDIES.—A State may not use more than 2 percent

of the amount received by the State under this section for each fiscal year for surveillance studies or prevalence studies. ‘‘(3) ADMINISTRATION.—A State may not use more than 5 percent of the amount received by the State under this

section for each fiscal year for administrative expenses.’’. (b) REPEAL.—Section 40151 of the Violence Against Women Act of 1994 (108 Stat. 1920), and the amendment made by such 42 USC 300w–10. section, is repealed.

SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST 42 USC 3796gg– AND ABUSE OF WOMEN WITH DISABILITIES. 7. (a) IN GENERAL.—The Attorney General, in consultation with the Secretary of Health and Human Services, may award grants to States, units of local government, Indian tribal governments, and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on domestic violence, stalking, and sexual assault against women who are individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

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(b) PRIORITIES.—In awarding grants under this section, the Attorney General shall give priority to applications designed to provide education and technical assistance on— (1) the nature, definition, and characteristics of domestic violence, stalking, and sexual assault experienced by women who are individuals with disabilities; (2) outreach activities to ensure that women who are individuals with disabilities who are victims of domestic violence, stalking, and sexual assault receive appropriate assistance; (3) the requirements of shelters and victim services organizations under Federal anti-discrimination laws, including the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973; and (4) cost-effective ways that shelters and victim services may accommodate the needs of individuals with disabilities in accordance with the Americans with Disabilities Act of 1990. (c) USES OF GRANTS.—Each recipient of a grant under this section shall provide information and training to organizations and programs that provide services to individuals with disabilities, including independent living centers, disability-related service organizations, and domestic violence programs providing shelter or related assistance. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $7,500,000 for each of fiscal years 2001 through 2005.

SEC. 1403. COMMUNITY INITIATIVES. Section 318 of the Family Violence Prevention and Services Act (42 U.S.C. 10418) is amended by striking subsection (h) and inserting the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2001 through 2005.’’.

42 USC 13961 SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE note. VIOLENCE AGAINST WOMEN ACT OF 1994.

(a) IN GENERAL.—The Attorney General shall— (1) direct the National Institute of Justice, in

consultation and coordination with the Bureau of Justice Statistics and the National Academy of Sciences, through its National Research Council, to develop a research agenda based on the recommendations contained in the report

entitled ‘‘Under- standing Violence Against Women’’ of the National Academy of Sciences; and Deadline. (2) not later than 1 year after the date of the enactment of this Act, in consultation with the Secretary of the Depart- ment of Health and Human Services, submit to Congress a report which shall include— (A) a description of the research agenda developed under paragraph (1) and a plan to implement that agenda; and (B) recommendations for priorities in carrying out that agenda to most effectively advance knowledge about and means by which to prevent or reduce violence against women.

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(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL 42 USC 3796gg ASSAULT FORENSIC EXAMINATIONS. note. (a) IN GENERAL.—The Attorney General shall— (1) evaluate existing standards of training and practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training; (2) recommend sexual assault forensic examination training for all health care students to improve the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate referrals in victim treatment and evidence collection; and (3) review existing national, State, tribal, and local protocols on sexual assault forensic examinations, and based on this review, develop a recommended national protocol and establish a mechanism for its nationwide dissemination. (b) CONSULTATION.—The Attorney General shall consult with national, State, tribal, and local experts in the area of rape and sexual assault, including rape crisis centers, State and tribal sexual assault and domestic violence coalitions and programs, and programs for criminal justice, forensic nursing, forensic science, emergency room medicine, law, social services, and sex crimes in underserved communities (as defined in section 2003(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(7)), as amended by this division). (c) REPORT.—The Attorney General shall ensure that not later than 1 year after the date of the enactment of this Act, a report of the actions taken pursuant to subsection (a) is submitted to Congress. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $200,000 for fiscal year 2001. SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT PER- SONNEL. (a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS.— (1) SECTION 40412.—Section 40412 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended— (A) by striking ‘‘and’’ at the end of paragraph (18); (B) by striking the period at the end of paragraph (19) and inserting a semicolon; and (C) by inserting after paragraph (19) the following: ‘‘(20) the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence; ‘‘(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the

114 STAT. 1516 PUBLIC LAW 106–386—OCT. 28, 2000

safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; ‘‘(22) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice;’’. (2) SECTION 40414.—Section 40414(a) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting ‘‘and $1,500,000 for each of the fiscal years 2001 through 2005’’ after ‘‘1996’’. (b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS.— (1) SECTION 40421.—Section 40421(d) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read as follows: ‘‘(d) CONTINUING EDUCATION AND TRAINING PROGRAMS.—The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, shall include in the educational programs it prepares, including the training programs for newly appointed judges, information on the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts, and shall prepare materials necessary to implement this subsection.’’. (2) SECTION 40422.—Section 40422(2) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting ‘‘and $500,000 for each of the fiscal years 2001 through 2005’’ after ‘‘1996’’. (c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT OF 1994.— (1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAMS.—Section 40413 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13993) is amended by adding ‘‘, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions’’ after ‘‘victim advocates’’. (2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND EDUCATION PROGRAMS.—Section 40411 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended by adding at the end the following: ‘‘Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States.’’. (3) USE OF FUNDS FOR DISSEMINATION OF MODEL PRO- GRAMS.— Section 40414 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13994) is amended by adding at the end the following: ‘‘(c) STATE JUSTICE INSTITUTE.—The State Justice Institute may use up to 5 percent of the funds appropriated under this section for annually compiling and broadly disseminating (including through electronic publication) information about the use of funds and about the projects funded under this section, including any evaluations of the projects and information to enable the replication and adoption of the projects.’’. (d) DATING VIOLENCE.—

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(1) SECTION 40411.—Section 40411 of the Equal Justice for Women in Courts Act of 1994 (42 U.S.C 13991) is amended by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’. (2) SECTION 40412.—Section 40412 of such Act (42 U.S.C 13992) is amended— (A) in paragraph (10), by inserting ‘‘and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg– 2))’’ before the semicolon; (B) in paragraph (11), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’; (C) in paragraph (13), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’ in both places that it appears; (D) in paragraph (17), by inserting ‘‘or dating violence’’ after ‘‘domestic violence’’ in both places that it appears; and (E) in paragraph (18), by inserting ‘‘and dating violence’’ after ‘‘domestic violence’’.

SEC. 1407. DOMESTIC VIOLENCE TASK FORCE The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) (as amended by section 1209(a) of this division) is amended by adding at the end the following:

‘‘Subtitle I—Domestic Violence Task Force

‘‘SEC. 40901. TASK FORCE. 42 USC 14042. ‘‘(a) ESTABLISH.—The Attorney General, in consultation with national nonprofit, nongovernmental organizations whose primary expertise is in domestic violence, shall establish a task force to coordinate research on domestic violence and to report to Congress on any overlapping or duplication of efforts on domestic violence issues. The task force shall be comprised of representatives from all Federal agencies that fund such research. ‘‘(b) USES OF FUNDS.—Funds appropriated under this section shall be used to— ‘‘(1) develop a coordinated strategy to strengthen research focused on domestic violence education, prevention, and intervention strategies; ‘‘(2) track and report all Federal research and expenditures on domestic violence; and ‘‘(3) identify gaps and duplication of efforts in domestic violence research and governmental expenditures on domestic violence issues. ‘‘(c) REPORT.—The Task Force shall report to Congress annually on its work under subsection (b). ‘‘(d) DEFINITION.—For purposes of this section, the term ‘domestic violence’ has the meaning given such term by section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(1)). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.’’.

114 STAT. 1518 PUBLIC LAW 106–386—OCT. 28, 2000

Battered TITLE V—BATTERED IMMIGRANT Immigrant Women WOMEN Protection Act of 2000. 8 USC 1101 note. SEC. 1501. SHORT TITLE. This title may be cited as the ‘‘Battered Immigrant Women

Protection Act of 2000’’. 8 USC 1101 note. SEC. 1502. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress finds that— (1) the goal of the immigration protections for battered immigrants included in the Violence Against Women Act of 1994 was to remove immigration laws as a barrier that kept battered immigrant women and children locked in abusive relationships; (2) providing battered immigrant women and children who were experiencing domestic violence at home with protection against deportation allows them to obtain protection orders against their abusers and frees them to cooperate with law enforcement and prosecutors in criminal cases brought against their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control; and (3) there are several groups of battered immigrant women and children who do not have access to the immigration protections of the Violence Against Women Act of 1994 which means that their abusers are virtually immune from prosecution because their victims can be deported as a result of action by their abusers and the Immigration and Naturalization Service cannot offer them protection no matter how compelling their case under existing law. (b) PURPOSES.—The purposes of this title are— (1) to remove barriers to criminal prosecutions of persons who commit acts of battery or extreme cruelty against immigrant women and children; and (2) to offer protection against domestic violence occurring in family and intimate relationships that are covered in State and tribal protection orders, domestic violence, and family law statutes. SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN. (a) INTENDED SPOUSE DEFINED.—Section 101(a) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ‘‘(50) The term ‘intended spouse’ means any alien who meets the criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).’’. (b) IMMEDIATE RELATIVE STATUS FOR SELF-PETITIONERS MAR- RIED TO U.S. CITIZENS.— (1) SELF-PETITIONING SPOUSES.— (A) BATTERY OR CRUELTY TO ALIEN OR ALIEN’S CHILD.— Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:

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‘‘(iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that— ‘‘(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and ‘‘(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse. ‘‘(II) For purposes of subclause (I), an alien described in this subclause is an alien— ‘‘(aa)(AA) who is the spouse of a citizen of the United States; ‘‘(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or ‘‘(CC) who was a bona fide spouse of a United States citizen within the past 2 years and— ‘‘(aaa) whose spouse died within the past 2 years; ‘‘(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or ‘‘(ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse; ‘‘(bb) who is a person of good moral character; ‘‘(cc) who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i) or who would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry; and ‘‘(dd) who has resided with the alien’s spouse or intended spouse.’’. (2) SELF-PETITIONING CHILDREN.—Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended to read as follows: ‘‘(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residence includes any period of visitation.’’. (3) FILING OF PETITIONS.—Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:

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‘‘(v) An alien who— ‘‘(I) is the spouse, intended spouse, or child living abroad of a citizen who— ‘‘(aa) is an employee of the United States Government; ‘‘(bb) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code); or ‘‘(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and ‘‘(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.’’. (c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETI- TIONERS MARRIED TO LAWFUL PERMANENT RESIDENTS.— (1) SELF-PETITIONING SPOUSES.—Section 204(a)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to read as follows: ‘‘(ii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of section 203(a)(2)(A) and if the alien demonstrates to the Attorney General that— ‘‘(aa)e th marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and ‘‘(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse. ‘‘(II) For purposes of subclause (I), an alien described in this paragraph is an alien— ‘‘(aa)(AA) who is the spouse of a lawful permanent resident of the United States; or ‘‘(BB) who believed that he or she had married a lawful permanent resident of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States; or ‘‘(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and— ‘‘(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or ‘‘(bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse; ‘‘(bb) who is a person of good moral character; ‘‘(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien intended to marry; and ‘‘(dd) who has resided with the alien’s spouse or intended spouse.’’.

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(2) SELF-PETITIONING CHILDREN.—Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to read as follows: ‘‘(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who resides, or has resided in the past, with the alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent.’’. (3) FILING OF PETITIONS.—Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following: ‘‘(iv) An alien who— ‘‘(I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who— ‘‘(aa) is an employee of the United States Government; ‘‘(bb) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code); or ‘‘(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and ‘‘(II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.’’. (d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETI- TIONERS AND TREATMENT OF CHILD SELF-PETITIONERS AND PETI- TIONS INCLUDING DERIVATIVE CHILDREN ATTAINING 21 YEARS OF AGE.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended— (1) by redesignating subparagraphs (C) through (H) as subparagraphs (E) through (J), respectively; (2) by inserting after subparagraph (B) the following: ‘‘(C) Notwithstanding section 101(f ), an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility under section 212(a) or deportability under section 237(a) shall not bar the Attorney Gen- eral from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or conviction was connected to the alien’s having been battered or subjected to extreme cruelty. ‘‘(D)(i)(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of section 204(a)(1)(A) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable, with the same priority date assigned to the self- petition filed under clause (iv) of section 204(a)(1)(A). No new petition shall be required to be filed.

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‘‘(II) Any individual described in subclause (I) is eligible for deferred action and work authorization. ‘‘(III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable, with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be filed. ‘‘(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization. ‘‘(ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary.’’; and (3) in subparagraph (J) (as so redesignated), by inserting ‘‘or in making determinations under subparagraphs (C) and (D),’’ after ‘‘subparagraph (B),’’. (e) ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE.—Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended— (1) by inserting ‘‘, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty,’’ after ‘‘United States’’ the first place such term appears; and (2) by inserting ‘‘(except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent)’’ after ‘‘has been living in mar- ital union with the citizen spouse’’. SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994. (a) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.—Section 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows: ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.— ‘‘(A) AUTHORITY.—The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that— ‘‘(i)(I)e th alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent); ‘‘(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1523

child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or ‘‘(III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or lawful permanent resident’s bigamy; ‘‘(ii) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States; ‘‘(iii) the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C); ‘‘(iv) the alien is not inadmissible under paragraph (2) or (3) of section 212(a), is not deportable under paragraphs (1)(G) or (2) through (4) of section 237(a) (except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver), and has not been convicted of an aggravated felony; and ‘‘(v)e th removal would result in extreme hardship to the alien, the alien’s child, or the alien’s parent. ‘‘(B) PHYSICAL PRESENCE.—Notwithstanding subsection (d)(2), for purposes of subparagraph (A)(i)(II) or for purposes of section 244(a)(3) (as in effect before the title III– A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence if the alien demonstrates a connection between the absence and the battering or extreme cruelty perpetrated against the alien. No absence or portion of an absence connected to the battering or extreme cruelty shall count toward the 90-day or 180-day limits established in subsection (d)(2). If any absence or aggregate absences exceed 180 days, the absences or portions of the absences will not be considered to break the period of continuous presence. Any such period of time excluded from the 180-day limit shall be excluded in computing the time during which the alien has been physically present for purposes of the 3-year requirement set forth in section 240A(b)(2)(B) and section 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). ‘‘(C) GOOD MORAL CHARACTER.—Notwithstanding section 101(f ), an act or conviction that does not bar the Attorney General from granting relief under this paragraph by reason of subparagraph (A)(iv) shall not bar the Attorney General from finding the alien to be of good moral character under subparagraph (A)(i)(III) or section 244(a)(3) (as in effect before the title III–A effective date in section 309

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of the Illegal Immigration Reform and Immigrant Responsi- bility Act of 1996), if the Attorney General finds that the act or conviction was connected to the alien’s having been

battered or subjected to extreme cruelty and determines that a waiver is otherwise warranted. ‘‘(D) CREDIBLE EVIDENCE CONSIDERED.—In acting on applications under this paragraph, the Attorney General

shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.’’.

(b) CHILDREN OF BATTERED ALIENS AND PARENTS OF BATTERED ALIEN CHILDREN.—Section 240A(b) of the Immigration and Nation- ality Act (8 U.S.C. 1229b(b)) is amended by adding at the end the following:

‘‘(4) CHILDREN OF BATTERED ALIENS AND PARENTS OF BAT- TERED ALIEN CHILDREN.— ‘‘(A) IN GENERAL.—The Attorney General shall grant parole under section 212(d)(5) to any alien who is a—

‘‘(i) child of an alien granted relief under section 240A(b)(2) or 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996); or ‘‘(ii) parent of a child alien granted relief under section 240A(b)(2) or 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996). ‘‘(B) DURATION OF PAROLE.—The grant of parole shall extend from the time of the grant of relief under section

240A(b)(2) or section 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to the time the application for adjustment of status filed by aliens

covered under this paragraph has been finally adjudicated. Applications for adjustment of status filed by aliens covered under this paragraph shall be treated as if they were applications filed under section 204(a)(1) (A)(iii), (A)(iv),

(B)(ii), or (B)(iii) for purposes of section 245 (a) and (c). Failure by the alien granted relief under section 240A(b)(2) or section 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996) to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) may result in revocation of parole.’’. 8 USC 1229b (c) EFFECTIVE DATE.—Any individual who becomes eligible for note. relief by reason of the enactment of the amendments made by subsections (a) and (b), shall be eligible to file a motion to reopen pursuant to section 240(c)(6)(C)(iv). The amendments made by subsections (a) and (b) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587). Such portions of the amendments made by subsection (b) that relate to section 244(a)(3) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and

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Immigrant Responsibility Act of 1996) shall take effect as if included in subtitle G of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.). SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED IMMIGRANT SELF-PETI- TIONERS. (a) BATTERED IMMIGRANT WAIVER.—Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end the following: ‘‘The Attorney General in the Attorney General’s discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any case in which there is a connection between— ‘‘(1) the alien’s having been battered or subjected to extreme cruelty; and ‘‘(2) the alien’s— ‘‘(A) removal; ‘‘(B) departure from the United States; ‘‘(C) reentry or reentries into the United States; or ‘‘(D) attempted reentry into the United States.’’. (b) DOMESTIC VIOLENCE VICTIM WAIVER.— (1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.—Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by inserting at the end the following: ‘‘(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.— ‘‘(A) IN GENERAL.—The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship— ‘‘(i) upon a determination that— ‘‘(I) the alien was acting is self-defense; ‘‘(II) the alien was found to have violated a protection order intended to protect the alien; or ‘‘(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime— ‘‘(aa) that did not result in serious bodily injury; and ‘‘(bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty. ‘‘(B) CREDIBLE EVIDENCE CONSIDERED.—In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.’’. (2) CONFORMING AMENDMENT.—Section 240A(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is

114 STAT. 1526 PUBLIC LAW 106–386—OCT. 28, 2000

amended by inserting ‘‘(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)’’ after ‘‘237(a)(3)’’.

(c) MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.— (1) WAIVER OF INADMISSIBILITY.—Section 212(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is

amended by inserting before the period at the end the following: ‘‘or, in the case of an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), the alien demonstrates extreme hardship to the

alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child’’. (2) WAIVER OF DEPORTABILITY.—Section 237(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is

amended— (A) in clause (i), by inserting ‘‘(I)’’ after ‘‘(i)’’; (B) by redesignating clause (ii) as subclause (II); and (C) by adding after clause (i) the following:

‘‘(ii) is an alien who qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B).’’. (d) BATTERED IMMIGRANT WAIVER.—Section 212(g)(1) of the

Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended— (1) in subparagraph (A), by striking ‘‘or’’ at the end; (2) in subparagraph (B), by adding ‘‘or’’ at the end; and (3) by inserting after subparagraph (B) the following:

‘‘(C) qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B);’’. (e) WAIVERS FOR VAWA ELIGIBLE BATTERED IMMIGRANTS.—

Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) is amended— (1) in subparagraph (B), by striking ‘‘and’’ and inserting ‘‘or’’; and

(2) by adding at the end the following: ‘‘(C) the alien qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B); and’’.

(f ) PUBLIC CHARGE.—Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following: ‘‘(p) In determining whether an alien described in subsection

(a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4), the consular officer or the Attorney General shall not consider any benefits

the alien may have received that were authorized under section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).’’. Deadline. (g) REPORT.—Not later than 6 months after the date of the enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives covering, with respect to fiscal year 1997 and each fiscal year thereafter— (1) the policy and procedures of the Immigration and Natu- ralization Service under which an alien who has been battered

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or subjected to extreme cruelty who is eligible for suspension of deportation or cancellation of removal can request to be placed, and be placed, in deportation or removal proceedings so that such alien may apply for suspension of deportation or cancellation of removal; (2) the number of requests filed at each district office under this policy; (3) the number of these requests granted reported separately for each district; and (4) the average length of time at each Immigration and Naturalization office between the date that an alien who has been subject to battering or extreme cruelty eligible for suspension of deportation or cancellation of removal requests to be placed in deportation or removal proceedings and the date that the immigrant appears before an immigration judge to file an application for suspension of deportation or cancellation of removal. SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994. (a) REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VIC- TIMS OF DOMESTIC VIOLENCE.— (1) IMMIGRATION AMENDMENTS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (A) in subsection (a), by inserting ‘‘or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or’’ after ‘‘into the United States.’’; and

(B) in subsection (c), by striking ‘‘Subsection (a) shall not be applicable to’’ and inserting the following: ‘‘Other than an alien having an approved petition for classification

under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall not be applicable to’’. (2) EFFECTIVE DATE.—The amendments made by paragraph 8 USC 1255 note. (1) shall apply to applications for adjustment of status pending

on or made on or after January 14, 1998. (b) REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.—

(1) NOT TREATING SERVICE OF NOTICE AS TERMINATING CONTINUOUS PERIOD.—Section 240A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking ‘‘when the alien is served a notice to appear under

section 239(a) or’’ and inserting ‘‘(A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2), when the alien is served a notice to appear under section 239(a), or (B)’’. (2) EFFECTIVE DATE.—The amendment made by paragraph 8 USC 1229b (1) shall take effect as if included in the enactment of section note. 304 of the Illegal Immigration Reform and Immigrant Responsi- bility Act of 1996 (Public Law 104–208; 110 Stat. 587). (3) MODIFICATION OF CERTAIN TRANSITION RULES FOR BAT- TERED SPOUSE OR CHILD.—Section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended—

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(A) by striking the subparagraph heading and inserting

the following: ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM- PORARY PROTECTION FROM DEPORTATION AND FOR BATTERED SPOUSES AND CHILDREN.—’’; and (B) in clause (i)—

(i) in subclause (IV), by striking ‘‘or’’ at the end; (ii) in subclause (V), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the following:

‘‘(VI) is an alien who was issued an order to show cause or was in deportation proceedings before April 1, 1997, and who applied for suspen-

sion of deportation under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the date of the enactment of this Act).’’. 8 USC 1101 note. (4) EFFECTIVE DATE.—The amendments made by paragraph

(3) shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and Immigrant Responsi- bility Act of 1996 (8 U.S.C. 1101 note). LIMINATING IME IMITATIONS ON OTIONS O EOPEN (c) E T L M T R REMOVAL AND DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.— (1) REMOVAL PROCEEDINGS.— N GENERAL (A) I .—Section 240(c)(6)(C) of the Immigra- tion and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the end the following: ‘‘(iv) SPECIAL RULE FOR BATTERED SPOUSES AND CHILDREN .—The deadline specified in subsection (b)(5)(C) for filing a motion to reopen does not apply— ‘‘(I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section

204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2); ‘‘(II) if the motion is accompanied by a cancellation of removal application to be filed with

the Attorney General or by a copy of the self- petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen; and

‘‘(III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time

limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien’s child.’’. 8 USC 1229a (B) EFFECTIVE DATE.—The amendment made by note. subparagraph (A) shall take effect as if included in the

enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229– 1229c). 8 USC 1229a (2) DEPORTATION PROCEEDINGS.— note. (A) IN GENERAL.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act (as in effect before the title III–A effective date in section

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1529

309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)), there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply— (i) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and (ii) if the motion is accompanied by a suspension of deportation application to be filed with the Attorney General or by a copy of the self-petition that will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen. (B) APPLICABILITY.—Subparagraph (A) shall apply to motions filed by aliens who— (i) are, or were, in deportation proceedings under the Immigration and Nationality Act (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsi- bility Act of 1996 (8 U.S.C. 1101 note)); and (ii) have become eligible to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigra- tion and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a result of the amendments made by— (I) subtitle G of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.); or (II) this title. SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994. (a) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP STATUS ON SELF-PETITION.— (1) RECLASSIFICATION.—Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as amended by section 1503(b)(3) of this title) is amended by adding at the end the following: ‘‘(vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abuser’s citizenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect the alien’s ability to adjust status under subsections (a) and (c) of section 245 or obtain status as a lawful permanent resident based on the approved self-petition under such clauses.’’.

114 STAT. 1530 PUBLIC LAW 106–386—OCT. 28, 2000

(2) LOSS OF STATUS.—Section 204(a)(1)(B) of the Immigra-

tion and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as amended by section 1503(c)(3) of this title) is amended by adding at the end the following: ‘‘(v)(I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent resident

status by a spouse or parent after the filing of a petition under that clause shall not adversely affect approval of the petition, and, for an approved petition, shall not affect the alien’s ability to adjust status under subsections (a) and (c) of section 245 or obtain

status as a lawful permanent resident based on an approved self- petition under clause (ii) or (iii). ‘‘(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship

through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty

shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after divorce or termination of parental rights.’’. 8 USC 1151. (3) DEFINITION OF IMMEDIATE RELATIVES.—Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the following: ‘‘For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.’’. (b) ALLOWING REMARRIAGE OF BATTERED IMMIGRANTS.—Section 204(h) of the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended by adding at the end the following: ‘‘Remarriage of an alien whose petition was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 205.’’. SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR BATTERED IMMIGRANTS. Section 431(c)(1)(B)(iii) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)(iii)) is amended to read as follows: ‘‘(iii) suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).’’. SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED IMMIGRANT SPOUSES AND CHILDREN. (a) IN GENERAL.—The last sentence of the first section of Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended by striking the period at the end and inserting the following: ‘‘, except that such spouse or child who has been battered or subjected to extreme cruelty may adjust to permanent resident status under this Act without demonstrating that he or she is residing with the Cuban spouse or parent in the United States. In acting on

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applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(H).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 USC 1255 note. shall be effective as if included in subtitle G of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.).

SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN. (a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND CUBAN BATTERED SPOUSES.—Section 202(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105–100, as amended) is amended— (1) in paragraph (1), by striking subparagraph (B) and inserting the following: ‘‘(B) the alien— ‘‘(i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or ‘‘(ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a);’’; and (2) by adding at the end the following: ‘‘(3) PROCEDURE.—In acting on an application under this section with respect to a spouse or child who has been battered or subjected to extreme cruelty, the Attorney General shall apply section 204(a)(1)(H).’’. (b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTA- TION TRANSITION RULES FOR CERTAIN BATTERED SPOUSES.—Section 309(c)(5)(C) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 note) (as amended by section 1506(b)(3) of this title) is amended— (1) in clause (i)— (A) by striking the period at the end of subclause (VI) (as added by section 1506(b)(3) of this title) and inserting ‘‘; or’’; and (B) by adding at the end the following: ‘‘(VII)(aa) was the spouse or child of an alien described in subclause (I), (II), or (V)—

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‘‘(AA) at the time at which a decision is rendered to suspend the deportation or cancel

the removal of the alien; ‘‘(BB) at the time at which the alien filed an application for suspension of deportation or cancellation of removal; or

‘‘(CC) at the time at which the alien registered for benefits under the settlement agreement in American Baptist Churches, et. al. v. Thornburgh (ABC), applied for tem-

porary protected status, or applied for asylum; and ‘‘(bb) the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty

by the alien described in subclause (I), (II), or (V).’’; and (2) by adding at the end the following: ‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on

a petition filed under subclause (VII) of clause (i) the provisions set forth in section 204(a)(1)(H) shall apply. ‘‘(iv) RESIDENCE WITH SPOUSE OR PARENT NOT REQUIRED.—For purposes of the application of clause

(i)(VII), a spouse or child shall not be required to demonstrate that he or she is residing with the spouse or parent in the United States.’’. 8 USC 1101 note. (c) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall be effective as if included in the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105–100, as amended).

8 USC 1255 note. SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 FOR BATTERED SPOUSES AND CHILDREN. (a) IN GENERAL.—Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law 105–277; 112 Stat. 2681–538) is amended to read as follows: ‘‘(B)(i) the alien is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for such adjustment is filed; ‘‘(ii)e at th time of filing of the application for adjustment under subsection (a), the alien is the spouse or child of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the individual described in subsection (a); and ‘‘(iii) in acting on applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(H).’’.

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(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall be effective as if included in the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law

105–277; 112 Stat. 2681–538). SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR BATTERED IMMIGRANTS.

(a) LAW ENFORCEMENT AND PROSECUTION GRANTS.—Section 2001(b) of part T of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by section 1209(c) of this division) is amended by adding at the end the following: ‘‘(11) providing assistance to victims of domestic violence

and sexual assault in immigration matters.’’. (b) GRANTS TO ENCOURAGE ARRESTS.—Section 2101(b)(5) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by inserting before the period the following: ‘‘, including strengthening assistance to such victims in immigration matters’’. (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCE- MENT GRANTS.—Section 40295(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows: ‘‘(2) to provide treatment, counseling, and assistance to victims of domestic violence and child abuse, including in immigration matters; and’’.

(d) CAMPUS DOMESTIC VIOLENCE GRANTS.—Section 826(b)(5) of the Higher Education Amendments of 1998 (Public Law 105– 244; 20 U.S.C. 1152) is amended by inserting before the period at the end the following: ‘‘, including assistance to victims in immigration matters’’. SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING

VICTIMS OF CRIMES AGAINST WOMEN.

(a) FINDINGS AND PURPOSE.— 8 USC 1101 note. (1) FINDINGS.—Congress makes the following findings: (A) Immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained. (B) All women and children who are victims of these crimes committed against them in the United States must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes. (2) PURPOSE.— (A) The purpose of this section is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage

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law enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens. (B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States. (C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest. (b) ESTABLISHMENT OF HUMANITARIAN/MATERIAL WITNESS NON- IMMIGRANT CLASSIFICATION.—Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) (as amended by section 107 of this Act) is amended— (1) by striking ‘‘or’’ at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting ‘‘; or’’; and (3) by adding at the end the following new subparagraph: ‘‘(U)(i) subject to section 214(o), an alien who files a petition for status under this subparagraph, if the Attorney General determines that— ‘‘(I) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii); ‘‘(II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii); ‘‘(III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in clause (iii); and ‘‘(IV) the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States; ‘‘(ii) if the Attorney General considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described in clause (i), the Attorney General may also grant status under this paragraph based upon certification of a government official listed in clause (i)(III) that an investigation or prosecution would be harmed without the

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assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien; and ‘‘(iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.’’. (c) CONDITIONS FOR ADMISSION AND DUTIES OF THE ATTORNEY GENERAL.—Section 214 of such Act (8 U.S.C. 1184) (as amended by section 107 of this Act) is amended by adding at the end the following new subsection: ‘‘(o) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) VISAS.— ‘‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS.—The petition filed by an alien under section 101(a)(15)(U)(i) shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 101(a)(15)(U)(iii). This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien ‘‘has been helpful, is being helpful, or is likely to be helpful’’ in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii). ‘‘(2) NUMERICAL LIMITATIONS.— ‘‘(A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(U) in any fiscal year shall not exceed 10,000. ‘‘(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section 101(a)(15)(U)(i), and not to spouses, children, or, in the case of alien children, the alien parents of such children. ‘‘(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO ‘U’ VISA NONIMMIGRANTS.—With respect to nonimmigrant aliens described in subsection (a)(15)(U)— ‘‘(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and ‘‘(B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization. ‘‘(4) CREDIBLE EVIDENCE CONSIDERED.—In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.

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‘‘(5) NONEXCLUSIVE RELIEF.—Nothing in this subsection limits the ability of aliens who qualify for status under section

101(a)(15)(U) to seek any other immigration benefit or status for which the alien may be eligible.’’. 8 USC 1367. (d) PROHIBITION ON ADVERSE DETERMINATIONS OF ADMISSI- BILITY OR DEPORTABILITY.—Section 384(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended— (1) by striking ‘‘or’’ at the end of paragraph (1)(C); (2) by striking the comma at the end of paragraph (1)(D) and inserting ‘‘, or’’; and (3) by inserting after paragraph (1)(D) the following new subparagraph: ‘‘(E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act, the perpetrator of the substantial physical or mental abuse and the criminal activity,’’; and (4) in paragraph (2), by inserting ‘‘section 101(a)(15)(U),’’ after ‘‘section 216(c)(4)(C),’’. (e) WAIVER OF GROUNDS OF 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 of inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(U). 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)(U), if the Attorney General considers it to be in the public or national interest to do so.’’. (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) The Attorney General may adjust the status of an alien admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(U) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E), unless the Attorney General determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if— ‘‘(A) the alien 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 clause (i) or (ii) of section 101(a)(15)(U); and ‘‘(B) in the opinion of the Attorney General, the alien’s continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. ‘‘(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 unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified.

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‘‘(3) Upon approval of adjustment of status under paragraph (1) of an alien described in section 101(a)(15)(U)(i) the Attorney General may adjust the status of or issue an immigrant visa to a spouse, a child, or, in the case of an alien child, a parent who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) if the Attorney General considers the grant of such status or visa necessary to avoid extreme hardship. ‘‘(4) Upon the approval of adjustment of status under paragraph (1) or (3), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date of such approval.’’. TITLE VI—MISCELLANEOUS

SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT Campus Sex OFFENDERS. Crimes Prevention Act. (a) SHORT TITLE.—This section may be cited as the ‘‘Campus 20 USC 1001 Sex Crimes Prevention Act’’. note. (b) NOTICE WITH RESPECT TO INSTITUTIONS OF HIGHER EDU- CATION.— (1) IN GENERAL.—Section 170101 of the Violent Crime Con- trol and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by adding at the end the following: ‘‘( j) NOTICE OF ENROLLMENT AT OR EMPLOYMENT BY INSTITU- TIONS OF HIGHER EDUCATION.— ‘‘(1) NOTICE BY OFFENDERS.— ‘‘(A) IN GENERAL.—In addition to any other requirements of this section, any person who is required to register in a State shall provide notice as required under State law— ‘‘(i) of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student; and ‘‘(ii) of each change in enrollment or employment status of such person at an institution of higher education in that State. ‘‘(B) CHANGE IN STATUS.—A change in status under subparagraph (A)(ii) shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated information is promptly made available to a law enforcement agency having jurisdiction where such institution is located and entered into the appropriate State records or data system. ‘‘(2) STATE REPORTING.—State procedures shall ensure that the registration information collected under paragraph (1)— ‘‘(A) is promptly made available to a law enforcement agency having jurisdiction where such institution is located; and ‘‘(B) entered into the appropriate State records or data

system. ‘‘(3) REQUEST.—Nothing in this subsection shall require an educational institution to request such information from any State.’’. (2) EFFECTIVE DATE.—The amendment made by this sub- 42 USC 14071 section shall take effect 2 years after the date of the enactment note. of this Act. (c) DISCLOSURES BY INSTITUTIONS OF HIGHER EDUCATION.—

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(1) IN GENERAL.—Section 485(f )(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f )(1)) is amended by adding at

the end the following: ‘‘(I) A statement advising the campus community where law enforcement agency information provided by a State under section 170101( j) of the Violent Crime Control and Law

Enforcement Act of 1994 (42 U.S.C. 14071( j)), concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency

with jurisdiction for the campus, or a computer network address.’’. 20 USC 1092 (2) EFFECTIVE DATE.—The amendment made by this sub- note. section shall take effect 2 years after the date of the enactment

of this Act. (d) AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974.—Section 444(b) of the General Education Provisions

Act (20 U.S.C. 1232g(b)), also known as the Family Educational Rights and Privacy Act of 1974, is amended by adding at the end the following:

‘‘(7)(A) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)

concerning registered sex offenders who are required to register under such section. ‘‘(B) The Secretary shall take appropriate steps to notify

educational institutions that disclosure of information described in subparagraph (A) is permitted.’’.

Teen Suicide SEC. 1602. TEEN SUICIDE PREVENTION STUDY. Prevention Act of 2000. (a) SHORT TITLE.—This section may be cited as the ‘‘Teen 42 USC 290bb– Suicide Prevention Act of 2000’’. 36 note. (b) FINDINGS.—Congress finds that— (1) measures that increase public awareness of suicide as a preventable public health problem, and target parents and youth so that suicide risks and warning signs can be recognized, will help to eliminate the ignorance and stigma of suicide as barriers to youth and families seeking preventive care; (2) suicide prevention efforts in the year 2000 should— (A) target at-risk youth, particularly youth with mental health problems, substance abuse problems, or contact with the juvenile justice system; (B) involve— (i) the identification of the characteristics of the at-risk youth and other youth who are contemplating suicide, and barriers to treatment of the youth; and e(ii) th development of model treatment programs for the youth; (C) include a pilot study of the outcomes of treatment for juvenile delinquents with mental health or substance abuse problems; (D) include a public education approach to combat the negative effects of the stigma of, and discrimination against individuals with, mental health and substance abuse problems; and

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(E) include a nationwide effort to develop, implement, and evaluate a mental health awareness program for schools, communities, and families; (3) although numerous symptoms, diagnoses, traits, characteristics, and psychosocial stressors of suicide have been investigated, no single factor or set of factors has ever come close to predicting suicide with accuracy; (4) research of United States youth, such as a 1994 study by Lewinsohn, Rohde, and Seeley, has shown predictors of suicide, such as a history of suicide attempts, current suicidal ideation and depression, a recent attempt or completed suicide by a friend, and low self-esteem; and (5) epidemiological data illustrate— (A) the trend of suicide at younger ages as well as increases in suicidal ideation among youth in the United States; and (B) distinct differences in approaches to suicide by gender, with— (i) 3 to 5 times as many females as males attempting suicide; and (ii) 3 to 5 times as many males as females completing suicide. (c) PURPOSE.—The purpose of this section is to provide for a study of predictors of suicide among at-risk and other youth, and barriers that prevent the youth from receiving treatment, to facilitate the development of model treatment programs and public education and awareness efforts. (d) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall carry out, directly or by grant or contract, a study that is designed to identify— (1) the characteristics of at-risk and other youth age 13 through 21 who are contemplating suicide; (2) the characteristics of at-risk and other youth who are younger than age 13 and are contemplating suicide; and (3) the barriers that prevent youth described in paragraphs (1) and (2) from receiving treatment. (e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary. SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH. The calendar decade beginning January 1, 2001, is designated as the ‘‘Decade of Pain Control and Research’’.

DIVISION C—MISCELLANEOUS PROVISIONS

SEC. 2001. AIMEE’S LAW. Aimee’s Law. 42 USC 13713. (a) SHORT TITLE.—This section may be cited as ‘‘Aimee’s Law’’. (b) DEFINITIONS.—In this section: (1) DANGEROUS SEXUAL OFFENSE.—The term ‘‘dangerous sexual offense’’ means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18, United States Code, had the conduct occurred in the special

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maritime and territorial jurisdiction of the United States or in a Federal prison. (2) MURDER.—The term ‘‘murder’’ has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (3) RAPE.—The term ‘‘rape’’ has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (c) PENALTY.— (1) SINGLE STATE.—In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (2) MULTIPLE STATES.—In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (3) STATE DESCRIBED.—A State is described in this paragraph if— (A) the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than the average term of imprisonment imposed for that offense in all States; or (B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense. For purposes of subparagraph (B), in a State that has indeter- minate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences. (d) STATE APPLICATIONS.—In order to receive an amount transferred under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State. (e) SOURCE OF FUNDS.—

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(1) IN GENERAL.—Any amount transferred under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds). (2) PAYMENT SCHEDULE.—The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule. (f ) CONSTRUCTION.—Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution. (g) EXCEPTION.—This section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c). (h) REPORT.—The Attorney General shall— (1) conduct a study evaluating the implementation of this section; and (2) not later than October 1, 2006, submit to Congress a report on the results of that study. (i) COLLECTION OF RECIDIVISM DATA.— (1) IN GENERAL.—Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State— (A) the number of convictions during that calendar

year for— (i) any dangerous sexual offense; (ii) rape; and (iii) murder; and

(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph. (2) REPORT.—Not later than March 1, 2003, and on March Deadline. 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include— (A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and (B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year. ( j) EFFECTIVE DATE.—This section shall take effect on January 1, 2002.

SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS. (a) PAYMENTS.— (1) IN GENERAL.—Subject to subsections (b) and (c), the Secretary of the Treasury shall pay each person described in paragraph (2), at the person’s election—

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(A) 110 percent of compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest under section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected on June 2, 2000), subject to final appellate review of that order; or (B) 100 percent of the compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest, as provided in section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected June 2, 2000), subject to final appellate review of that order. Payments under this subsection shall be made promptly upon request. (2) PERSONS COVERED.—A person described in this paragraph is a person who— (A)(i) as of July 20, 2000, held a final judgment for a claim or claims brought under section 1605(a)(7) of title 28, United States Code, against Iran or Cuba, or the right to payment of an amount awarded as a judicial sanction with respect to such claim or claims; or (ii) filed a suit under such section 1605(a)(7) on Feb- ruary 17, 1999, December 13, 1999, January 28, 2000, March 15, 2000, or July 27, 2000; (B) relinquishes all claims and rights to compensatory damages and amounts awarded as judicial sanctions under such judgments; (C) in the case of payment under paragraph (1)(A), relinquishes all rights and claims to punitive damages awarded in connection with such claim or claims; and (D) in the case of payment under paragraph (1)(B), relinquishes all rights to execute against or attach property that is at issue in claims against the United States before an international tribunal, that is the subject of awards rendered by such tribunal, or that is subject to section 1610(f )(1)(A) of title 28, United States Code. (b) FUNDING OF AMOUNTS.— (1) JUDGMENTS AGAINST CUBA.—For purposes of funding the payments under subsection (a) in the case of judgments and sanctions entered against the Government of Cuba or Cuban entities, the President shall vest and liquidate up to and not exceeding the amount of property of the Government of Cuba and sanctioned entities in the United States or any commonwealth, territory, or possession thereof that has been blocked pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701– 1702), or any other proclamation, order, or regulation issued thereunder. For the purposes of paying amounts for judicial

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1543

sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets of the Government of Cuba.

(2) JUDGMENTS AGAINST IRAN.—For purposes of funding payments under subsection (a) in the case of judgments against Iran, the Secretary of the Treasury shall make such payments

from amounts paid and liquidated from— (A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular property located in the United States; and

(B) funds not otherwise made available in an amount not to exceed the total of the amount in the Iran Foreign Military Sales Program account within the Foreign Military Sales Fund on the date of the enactment of this Act.

(c) SUBROGATION.—Upon payment under subsection (a) with respect to payments in connection with a Foreign Military Sales Program account, the United States shall be fully subrogated, to the extent of the payments, to all rights of the person paid under that subsection against the debtor foreign state. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways, including any negotiation process which precedes the normalization of relations between the foreign state designated as a state sponsor of terrorism and the United States, except that no funds shall be paid to Iran, or released to Iran, from property blocked under the International Emergency

Economic Powers Act or from the Foreign Military Sales Fund, until such subrogated claims have been dealt with to the satisfaction of the United States.

(d) SENSE OF THE CONGRESS.—It is the sense of the Congress that the President should not normalize relations between the United States and Iran until the claims subrogated have been dealt with to the satisfaction of the United States.

(e) REAFFIRMATION OF AUTHORITY.—Congress reaffirms the President’s statutory authority to manage and, where appropriate and consistent with the national interest, vest foreign assets located in the United States for the purposes, among other things, of assisting and, where appropriate, making payments to victims of terrorism. (f ) AMENDMENTS.—(1) Section 1610(f ) of title 28, United States

Code, is amended— (A) in paragraphs (2)(A) and (2)(B)(ii), by striking ‘‘shall’’ each place it appears and inserting ‘‘should make every effort to’’; and

(B) by adding at the end the following new paragraph: ‘‘(3) WAIVER.—The President may waive any provision of paragraph (1) in the interest of national security.’’. (2) Subsections (b) and (d) of section 117 of the Treasury Depart- ment Appropriations Act, 1999 (as contained in section 101(h) of 28 USC 1606, Public Law 105–277) are repealed. 1610 note.

SEC. 2003. AID FOR VICTIMS OF TERRORISM. (a) MEETING THE NEEDS OF VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES.— (1) IN GENERAL.—Section 1404B(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows: ‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE UNITED STATES.—

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‘‘(1) IN GENERAL.—The Director may make supplemental grants as provided in 1402(d)(5) to States, victim service

organizations, and public agencies (including Federal, State, or local governments) and nongovernmental organizations that provide assistance to victims of crime, which shall be used to provide emergency relief, including crisis response efforts,

assistance, training, and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring outside the United States who are not persons eligible for compensation

under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. ‘‘(2) VICTIM DEFINED.—In this subsection, the term ‘victim’—

‘‘(A) means a person who is a national of the United States or an officer or employee of the United States Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United

States; and e‘‘(B) in th case of a person described in subparagraph (A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal

guardian of that person. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to allow the Director to make grants to any foreign power (as defined by section 101(a) of the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to any domestic or foreign organization operated for the purpose of engaging in any significant political or lobbying activities.’’. 42 USC 10603b (2) APPLICABILITY.—The amendment made by this sub- note. section shall apply to any terrorist act or mass violence occur-

ring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing after April 24, 1996. Deadline. (3) ADMINISTRATIVE PROVISION.—Not later than 90 days 42 USC 10603b after the date of the enactment of this Act, the Director shall note. establish guidelines under section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the categories of organizations and agencies to which the Director may make grants under this subsection. (4) TECHNICAL AMENDMENT.—Section 1404B(b) of the Vic- tims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by striking ‘‘1404(d)(4)(B)’’ and inserting ‘‘1402(d)(5)’’. (b) AMENDMENTS TO EMERGENCY RESERVE FUND.— (1) CAP INCREASE.—Section 1402(d)(5)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’. (2) TRANSFER.—Section 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C 10601(e)) is amended by striking ‘‘in excess of $500,000’’ and all that follows through ‘‘than $500,000’’ and inserting ‘‘shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) at the discretion of the Director. Any remaining unobligated sums’’. (c) COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.— (1) IN GENERAL.—The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404B the following:

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1545

‘‘SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL TER- 42 USC 10603c. RORISM. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) INTERNATIONAL TERRORISM.—The term ‘international terrorism’ has the meaning given the term in section 2331 of title 18, United States Code. ‘‘(2) NATIONAL OF THE UNITED STATES.—The term ‘national of the United States’ has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). ‘‘(3) VICTIM.— ‘‘(A) IN GENERAL.—The term ‘victim’ means a person who— ‘‘(i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after December 21, 1988 with respect to which an investigation or prosecution was ongoing after April 24, 1996; and ‘‘(ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Govern- ment. ‘‘(B) INCOMPETENT, INCAPACITATED, OR DECEASED VIC- TIMS.—In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim. ‘‘(C) EXCEPTION.—Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or on behalf of a victim. ‘‘(b) AWARD OF COMPENSATION.—The Director may use the emergency reserve referred to in section 1402(d)(5)(A) to carry out a program to compensate victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization. ‘‘(c) ANNUAL REPORT.—The Director shall annually submit to Congress a report on the status and activities of the program under this section, which report shall include— ‘‘(1) an explanation of the procedures for filing and processing of applications for compensation; ‘‘(2) a description of the procedures and policies instituted to promote public awareness about the program; ‘‘(3) a complete statistical analysis of the victims assisted under the program, including— ‘‘(A) the number of applications for compensation submitted; ‘‘(B) the number of applications approved and the amount of each award; ‘‘(C) the number of applications denied and the reasons for the denial; ‘‘(D) the average length of time to process an application for compensation; and ‘‘(E)e th number of applications for compensation pending and the estimated future liability of the program; and

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‘‘(4) an analysis of future program needs and suggested

program improvements.’’. (2) CONFORMING AMENDMENT.—Section 1402(d)(5)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is amended by inserting ‘‘, to provide compensation to victims

of international terrorism under the program under section 1404C,’’ after ‘‘section 1404B’’. (d) AMENDMENTS TO VICTIMS OF CRIME FUND.—Section 1402(c) of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is amended

by adding at the end the following: ‘‘Notwithstanding section 1402(d)(5), all sums deposited in the Fund in any fiscal year that are not made available for obligation by Congress in the subsequent fiscal year shall remain in the Fund for obligation in future fiscal

years, without fiscal year limitation.’’. SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

(a) SHIPMENT OF INTOXICATING LIQUOR IN VIOLATION OF STATE AW L .—The Act entitled ‘‘An Act divesting intoxicating liquors of their interstate character in certain cases’’, approved March 1, 1913 (commonly known as the ‘‘Webb-Kenyon Act’’) (27 U.S.C. 122) is amended by adding at the end the following:

27 USC 122a. ‘‘SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT. ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘attorney general’ means the attorney general or other chief law enforcement officer of a State or the designee thereof; ‘‘(2) the term ‘intoxicating liquor’ means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind; ‘‘(3) the term ‘person’ means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and ‘‘(4) the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ‘‘(b) ACTION BY STATE ATTORNEY GENERAL.—If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction) against the person, as the attorney general determines to be necessary to— ‘‘(1) restrain the person from engaging, or continuing to engage, in the violation; and ‘‘(2) enforce compliance with the State law. ‘‘(c) FEDERAL JURISDICTION.— ‘‘(1) IN GENERAL.—The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. ‘‘(2) VENUE.—An action under this section may be brought only in accordance with section 1391 of title 28, United States

PUBLIC LAW 106–386—OCT. 28, 2000 114 STAT. 1547

Code, or in the district in which the recipient of the intoxicating liquor resides or is found. ‘‘(3) FORM OF RELIEF.—An action under this section is limited to actions seeking injunctive relief (a preliminary and/ or permanent injunction). ‘‘(4) NO RIGHT TO JURY TRIAL.—An action under this section shall be tried before the court. ‘‘(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS.— ‘‘(1) IN GENERAL.—In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction to restrain a violation of this section. A proper showing under this paragraph shall require that a State prove by a preponder- ance of the evidence that a violation of State law as described in subsection (b) has taken place or is taking place. ‘‘(2) ADDITIONAL SHOWING FOR PRELIMINARY INJUNCTION.— No preliminary injunction may be granted except upon— ‘‘(A) evidence demonstrating the probability of irrep- arable injury if injunctive relief is not granted; and ‘‘(B) evidence supporting the probability of success on the merits. ‘‘(3) NOTICE.—No preliminary or permanent injunction may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. ‘‘(4) FORM AND SCOPE OF ORDER.—Any preliminary or permanent injunction entered in an action brought under this section shall— ‘‘(A) set forth the reasons for the issuance of the order; ‘‘(B) be specific in terms; ‘‘(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and ‘‘(D) be binding upon— ‘‘(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and ‘‘(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. ‘‘(5) ADMISSIBILITY OF EVIDENCE.—In a hearing on an application for a permanent injunction, any evidence previously received on an application for a preliminary injunction in connection with the same civil action and that would otherwise be admissible, may be made a part of the record of the hearing on the permanent injunction. ‘‘(e) RULES OF CONSTRUCTION.—This section shall be construed only to extend the jurisdiction of Federal courts in connection with State law that is a valid exercise of power vested in the States— ‘‘(1) under the twenty-first article of amendment to the Constitution of the United States as such article of amendment is interpreted by the Supreme Court of the United States including interpretations in conjunction with other provisions of the Constitution of the United States; and ‘‘(2) under the first section herein as such section is interpreted by the Supreme Court of the United States; but shall not be construed to grant to States any additional power. ‘‘(f ) ADDITIONAL REMEDIES.—

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‘‘(1) IN GENERAL.—A remedy under this section is in addi-

tion to any other remedies provided by law. ‘‘(2) STATE COURT PROCEEDINGS.—Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation

of any State law. 27 USC 122b. ‘‘SEC. 3. GENERAL PROVISIONS.

‘‘(a) EFFECT ON INTERNET TAX FREEDOM ACT.—Nothing in this section may be construed to modify or supersede the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note). ‘‘(b) INAPPLICABILITY TO SERVICE PROVIDERS.—Nothing in this

section may be construed to— ‘‘(1) authorize any injunction against an interactive computer service (as defined in section 230(f ) of the Communica-

tions Act of 1934 (47 U.S.C. 230(f )) used by another person to engage in any activity that is subject to this Act; ‘‘(2) authorize any injunction against an electronic communication service (as defined in section 2510(15) of title 18,

United States Code) used by another person to engage in any activity that is subject to this Act; or ‘‘(3) authorize an injunction prohibiting the advertising or marketing of any intoxicating liquor by any person in any

case in which such advertising or marketing is lawful in the jurisdiction from which the importation, transportation or other conduct to which this Act applies originates.’’. 27 USC 122a (b) EFFECTIVE DATE.—This section and the amendments made note. by this section shall become effective 90 days after the date of the enactment of this Act. Deadline. (c) STUDY.—The Attorney General shall carry out the study 27 USC 122a to determine the impact of this section and shall submit the results note. of such study not later than 180 days after the enactment of this Act.

Approved October 28, 2000.

LEGISLATIVE HISTORY—H.R. 3244: HOUSE REPORTS: Nos. 106–487, Pt. 1 (Comm. on International Relations) and Pt. 2 (Comm. on the Judiciary) and 106–939 (Comm. of Con- ference). CONGRESSIONAL RECORD, Vol. 146 (2000): May 9, considered and passed House. July 27, considered and passed Senate, amended. Oct. 6, House agreed to conference report. Oct. 11, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): Oct. 28, Presidential statement. Æ

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 227

Public Law 114–22 114th Congress An Act May 29, 2015 To provide justice for the victims of trafficking. [S. 178]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Justice for Victims of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Trafficking Act HORT ITLE of 2015. (a) S T .—This Act may be cited as the ‘‘Justice for 18 USC 1 note. Victims of Trafficking Act of 2015’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—JUSTICE FOR VICTIMS OF TRAFFICKING Sec. 101. Domestic Trafficking Victims’ Fund. Sec. 102. Clarifying the benefits and protections offered to domestic victims of human trafficking. Sec. 103. Victim-centered child human trafficking deterrence block grant program. Sec. 104. Direct services for victims of child pornography. Sec. 105. Increasing compensation and restitution for trafficking victims. Sec. 106. Streamlining human trafficking investigations. Sec. 107. Enhancing human trafficking reporting. Sec. 108. Reducing demand for sex trafficking. Sec. 109. Sense of Congress. Sec. 110. Using existing task forces and components to target offenders who exploit children. Sec. 111. Targeting child predators. Sec. 112. Monitoring all human traffickers as violent criminals. Sec. 113. Crime victims’ rights. Sec. 114. Combat Human Trafficking Act. Sec. 115. Survivors of Human Trafficking Empowerment Act. Sec. 116. Bringing Missing Children Home Act. Sec. 117. Grant accountability. Sec. 118. SAVE Act. Sec. 119. Education and outreach to trafficking survivors. Sec. 120. Expanded statute of limitations for civil actions by child trafficking survivors. Sec. 121. GAO study and report. TITLE II—COMBATING HUMAN TRAFFICKING Subtitle A—Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Sec. 201. Amendments to the Runaway and Homeless Youth Act. Subtitle B—Improving the Response to Victims of Child Sex Trafficking Sec. 211. Response to victims of child sex trafficking. Subtitle C—Interagency Task Force to Monitor and Combat Trafficking Sec. 221. Victim of trafficking defined. Sec. 222. Interagency task force report on child trafficking primary prevention. Sec. 223. GAO Report on intervention. Sec. 224. Provision of housing permitted to protect and assist in the recovery of victims of trafficking.

129 STAT. 228 PUBLIC LAW 114–22—MAY 29, 2015

Subtitle D—Expanded Training Sec. 231. Expanded training relating to trafficking in persons. TITLE III—HERO ACT Sec. 301. Short title. Sec. 302. HERO Act. Sec. 303. Transportation for illegal sexual activity and related crimes. TITLE IV—RAPE SURVIVOR CHILD CUSTODY Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Findings. Sec. 404. Increased funding for formula grants authorized. Sec. 405. Application. Sec. 406. Grant increase. Sec. 407. Period of increase. Sec. 408. Allocation of increased formula grant funds. Sec. 409. Authorization of appropriations. TITLE V—MILITARY SEX OFFENDER REPORTING Sec. 501. Short title. Sec. 502. Registration of sex offenders released from military corrections facilities or upon conviction. TITLE VI—STOPPING EXPLOITATION THROUGH TRAFFICKING Sec. 601. Safe Harbor Incentives. Sec. 602. Report on restitution paid in connection with certain trafficking offenses. Sec. 603. National human trafficking hotline. Sec. 604. Job corps eligibility. Sec. 605. Clarification of authority of the United States Marshals Service. Sec. 606. Establishing a national strategy to combat human trafficking. TITLE VII—TRAFFICKING AWARENESS TRAINING FOR HEALTH CARE Sec. 701. Short title. Sec. 702. Development of best practices. Sec. 703. Definitions. Sec. 704. No additional authorization of appropriations. TITLE VIII—BETTER RESPONSE FOR VICTIMS OF CHILD SEX TRAFFICKING Sec. 801. Short title. Sec. 802. CAPTA amendments. TITLE IX—ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL Sec. 901. Definitions. Sec. 902. Training for Department personnel to identify human trafficking. Sec. 903. Certification and report to Congress. Sec. 904. Assistance to non-Federal entities. Sec. 905. Expanded use of Domestic Trafficking Victims’ Fund. TITLE X—HUMAN TRAFFICKING SURVIVORS RELIEF AND EMPOWERMENT ACT Sec. 1001. Short title. Sec. 1002. Protections for human trafficking survivors.

TITLE I—JUSTICE FOR VICTIMS OF TRAFFICKING

SEC. 101. DOMESTIC TRAFFICKING VICTIMS’ FUND. (a) IN GENERAL.—Chapter 201 of title 18, United States Code,

is amended by adding at the end the following: 18 USC 3014. ‘‘§ 3014. Additional special assessment Time period. ‘‘(a) IN GENERAL.—Beginning on the date of enactment of the Justice for Victims of Trafficking Act of 2015 and ending on Sep- tember 30, 2019, in addition to the assessment imposed under-

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 229

section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under— ‘‘(1) chapter 77 (relating to peonage, slavery, and trafficking

in persons); ‘‘(2) chapter 109A (relating to sexual abuse); ‘‘(3) chapter 110 (relating to sexual exploitation and other abuse of children);

‘‘(4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or ‘‘(5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the per-

son induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

‘‘(b) SATISFACTION OF OTHER COURT-ORDERED OBLIGATIONS.— An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based. ‘‘(c) ESTABLISHMENT OF DOMESTIC TRAFFICKING VICTIMS’ FUND.—There is established in the Treasury of the United States a fund, to be known as the ‘Domestic Trafficking Victims’ Fund’ (referred to in this section as the ‘Fund’), to be administered by the Attorney General, in consultation with the Secretary of Home- land Security and the Secretary of Health and Human Services.

‘‘(d) TRANSFERS.—In a manner consistent with section 3302(b) of title 31, there shall be transferred to the Fund from the General Fund of the Treasury an amount equal to the amount of the assessments collected under this section, which shall remain available until expended. ‘‘(e) USE OF FUNDS.— ‘‘(1) IN GENERAL.—From amounts in the Fund, in addition Coordination. to any other amounts available, and without further appropria- Grants. tion, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2019, use amounts available in the Fund to award grants or enhance victims’ programming under— ‘‘(A) section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c); ‘‘(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and ‘‘(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)). ‘‘(2) LIMITATION.—Except as provided in subsection (h)(2), none of the amounts in the Fund may be used to provide health care or medical items or services. ‘‘(f) COLLECTION METHOD.—The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases. ‘‘(g) DURATION OF OBLIGATION.—Subject to section 3613(b), the obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full. ‘‘(h) HEALTH OR MEDICAL SERVICES.—

129 STAT. 230 PUBLIC LAW 114–22—MAY 29, 2015

‘‘(1) TRANSFER OF FUNDS.—From amounts appropriated under section 10503(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(E)), as amended

by section 221 of the Medicare Access and CHIP Reauthoriza- tion Act of 2015, there shall be transferred to the Fund an amount equal to the amount transferred under subsection (d) for each fiscal year, except that the amount transferred under

this paragraph shall not be less than $5,000,000 or more than $30,000,000 in each such fiscal year, and such amounts shall remain available until expended. Coordination. ‘‘(2) USE OF FUNDS.—The Attorney General, in coordination Grants. with the Secretary of Health and Human Services, shall use amounts transferred to the Fund under paragraph (1) to award grants that may be used for the provision of health care or medical items or services to victims of trafficking under— ‘‘(A) sections 202, 203, and 204 of the Trafficking Vic- tims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c); ‘‘(B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); and

‘‘(C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)). Children and ‘‘(3) GRANTS.—Of the amounts in the Fund used under youth. paragraph (1), not less than $2,000,000, if such amounts are Pornography. available in the Fund during the relevant fiscal year, shall be used for grants to provide services for child pornography

victims under section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)). ‘‘(4) APPLICATION OF PROVISION.—The application of the provisions of section 221(c) of the Medicare Access and CHIP

Reauthorization Act of 2015 shall continue to apply to the amounts transferred pursuant to paragraph (1).’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 18 USC sections for chapter 201 of title 18, United States Code, is amended prec. 3001. by inserting after the item relating to section 3013 the following: ‘‘3014. Additional special assessment.’’. SEC. 102. CLARIFYING THE BENEFITS AND PROTECTIONS OFFERED TO DOMESTIC VICTIMS OF HUMAN TRAFFICKING. Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended— (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; (2) by inserting after subparagraph (E) the following: ‘‘(F) NO REQUIREMENT OF OFFICIAL CERTIFICATION FOR UNITED STATES CITIZENS AND LAWFUL PERMANENT RESI- DENTS.—Nothing in this section may be construed to require United States citizens or lawful permanent residents who are victims of severe forms of trafficking to obtain an official certification from the Secretary of Health and Human Services in order to access any of the specialized services described in this subsection or any other Federal benefits and protections to which they are otherwise entitled.’’; and (3) in subparagraph (H), as redesignated, by striking ‘‘subparagraph (F)’’ and inserting ‘‘subparagraph (G)’’.

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 231

SEC. 103. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETER- RENCE BLOCK GRANT PROGRAM. (a) IN GENERAL.—Section 203 of the Trafficking Victims Protec- tion Reauthorization Act of 2005 (42 U.S.C. 14044b) is amended to read as follows:

‘‘SEC. 203. VICTIM-CENTERED CHILD HUMAN TRAFFICKING DETER- RENCE BLOCK GRANT PROGRAM. ‘‘(a) GRANTS AUTHORIZED.—The Attorney General may award block grants to an eligible entity to develop, improve, or expand domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims’ services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking. ‘‘(b) AUTHORIZED ACTIVITIES.—Grants awarded under subsection (a) may be used for— ‘‘(1) the establishment or enhancement of specialized training programs for law enforcement officers, first responders, health care officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to— ‘‘(A) identify victims and acts of child human trafficking; ‘‘(B) address the unique needs of child victims of human trafficking; ‘‘(C) facilitate the rescue of child victims of human trafficking; ‘‘(D) investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking; and ‘‘(E) utilize, implement, and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking victims for prostitution offenses, and other laws aimed at the investigation and prosecution of child human trafficking; ‘‘(2) the establishment or enhancement of dedicated anti- trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including— ‘‘(A) funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and investigators, except that the percentage of the salary of the law enforcement officer paid for by funds from a grant awarded under this section shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving child human trafficking; ‘‘(B) investigation expenses for cases involving child human trafficking, including— ‘‘(i) wire taps; ‘‘(ii) consultants with expertise specific to cases involving child human trafficking; ‘‘(iii) travel; and ‘‘(iv) other technical assistance expenditures;

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‘‘(C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking; ‘‘(D) the establishment of child human trafficking victim witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims’ services through coordination with— ‘‘(i) child advocacy centers; ‘‘(ii) social service agencies; ‘‘(iii) State governmental health service agencies; ‘‘(iv) housing agencies; ‘‘(v) legal services agencies; and ‘‘(vi) nongovernmental organizations and shelter service providers with substantial experience in delivering wrap-around services to victims of child human trafficking; and ‘‘(E) the establishment or enhancement of other necessary victim assistance programs or personnel, such as victim or child advocates, child-protective services, child forensic interviews, or other necessary service providers; ‘‘(3) activities of law enforcement agencies to find homeless and runaway youth, including salaries and associated expenses for retired Federal law enforcement officers assisting the law enforcement agencies in finding homeless and runaway youth; and ‘‘(4) the establishment or enhancement of problem solving court programs for trafficking victims that include— ‘‘(A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph; ‘‘(B) continuing judicial supervision of victims of child human trafficking, including case worker or child welfare supervision in collaboration with judicial officers, who have been identified by a law enforcement or judicial officer as a potential victim of child human trafficking, regardless of whether the victim has been charged with a crime related to human trafficking; ‘‘(C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including— ‘‘(i) State-administered outpatient treatment; ‘‘(ii) life skills training; ‘‘(iii) housing placement; ‘‘(iv) vocational training; ‘‘(v) education; ‘‘(vi) family support services; and ‘‘(vii) job placement; ‘‘(D) centralized case management involving the consolidation of all of each child human trafficking victim’s

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cases and offenses, and the coordination of all trafficking victim treatment programs and social services; ‘‘(E) regular and mandatory court appearances by the

victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness; ‘‘(F) the ultimate dismissal of relevant non-violent

criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and ‘‘(G) collaborative efforts with child advocacy centers,

child welfare agencies, shelters, and nongovernmental organizations with substantial experience in delivering wrap-around services to victims of child human trafficking to provide services to victims and encourage cooperation

with law enforcement. ‘‘(c) APPLICATION.— ‘‘(1) IN GENERAL.—An eligible entity shall submit an application to the Attorney General for a grant under this section in such form and manner as the Attorney General may require. ‘‘(2) REQUIRED INFORMATION.—An application submitted under this subsection shall— ‘‘(A) describe the activities for which assistance under this section is sought; ‘‘(B) include a detailed plan for the use of funds Plans. awarded under the grant; ‘‘(C) provide such additional information and assur- ances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section; and ‘‘(D) disclose—

‘‘(i) any other grant funding from the Department of Justice or from any other Federal department or agency for purposes similar to those described in subsection (b) for which the eligible entity has applied,

and which application is pending on the date of the submission of an application under this section; and ‘‘(ii) any other such grant funding that the eligible Time period. entity has received during the 5-year period ending on the date of the submission of an application under this section. ‘‘(3) PREFERENCE.—In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if— ‘‘(A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or ‘‘(B) the application includes a plan by the State or unit of local government to continue funding of all activities funded by the award after the expiration of the award. ‘‘(4) ELIGIBLE ENTITIES SOLICITING DATA ON CHILD HUMAN TRAFFICKING.—No eligible entity shall be disadvantaged in being awarded a grant under subsection (a) on the grounds that the eligible entity has only recently begun soliciting data on child human trafficking. ‘‘(d) DURATION AND RENEWAL OF AWARD.—

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Expiration date. ‘‘(1) IN GENERAL.—A grant under this section shall expire 3 years after the date of award of the grant. Time period. ‘‘(2) RENEWAL.—A grant under this section shall be renew- able not more than 2 times and for a period of not greater than 2 years. Contracts. ‘‘(e) EVALUATION.—The Attorney General shall— ‘‘(1) enter into a contract with a nongovernmental organization, including an academic or nonprofit organization, that has experience with issues related to child human trafficking and evaluation of grant programs to conduct periodic evaluations of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section; ‘‘(2) instruct the Inspector General of the Department of Justice to review evaluations issued under paragraph (1) to determine the methodological and statistical validity of the evaluations; and ‘‘(3) submit the results of any evaluation conducted pursuant to paragraph (1) to— ‘‘(A) the Committee on the Judiciary of the Senate; and ‘‘(B) the Committee on the Judiciary of the House of Representatives. Time period. ‘‘(f) MANDATORY EXCLUSION.—An eligible entity awarded funds under this section that is found to have used grant funds for

any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported. Time period. ‘‘(g) COMPLIANCE REQUIREMENT.—An eligible entity shall not

be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms

or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs. ‘‘(h) ADMINISTRATIVE CAP.—The cost of administering the grants authorized by this section shall not exceed 5 percent of the total amount expended to carry out this section.

‘‘(i) FEDERAL SHARE.—The Federal share of the cost of a program funded by a grant awarded under this section shall be— ‘‘(1) 70 percent in the first year; ‘‘(2) 60 percent in the second year; and

‘‘(3) 50 percent in the third year, and in all subsequent years. Consultation. ‘‘(j) AUTHORIZATION OF FUNDING; FULLY OFFSET.—For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, United States Code, for each of fiscal years 2016 through 2020. ‘‘(k) DEFINITIONS.—In this section— ‘‘(1) the term ‘child’ means a person under the age of 18; ‘‘(2) the term ‘child advocacy center’ means a center created under subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);

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‘‘(3) the term ‘child human trafficking’ means 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving a victim who is a child; and ‘‘(4) the term ‘eligible entity’ means a State or unit of local government that— ‘‘(A) has significant criminal activity involving child human trafficking; ‘‘(B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking; ‘‘(C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including— ‘‘(i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities; ‘‘(ii) the provision of trauma-informed, gender- responsive rehabilitative care to victims of child human trafficking; ‘‘(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking; ‘‘(iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children; ‘‘(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; ‘‘(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and ‘‘(vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; and ‘‘(D) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section. ‘‘(l) GRANT ACCOUNTABILITY; SPECIALIZED VICTIMS’ SERVICE REQUIREMENT.—No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims.’’. (b) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Trafficking Victims Protection Reauthorization Act of 2005

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(22 U.S.C. 7101 note) is amended by striking the item relating to section 203 and inserting the following:

‘‘Sec. 203. Victim-centered child human trafficking deterrence block grant program.’’.

SEC. 104. DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.

The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended—

(1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting ‘‘, including human trafficking and the production of child pornography’’ before the semicolon at the end; and (2) in section 214 (42 U.S.C. 13002)—

(A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (B) by inserting after subsection (a) the following: ‘‘(b) DIRECT SERVICES FOR VICTIMS OF CHILD PORNOGRAPHY.— Coordination. The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography.’’.

SEC. 105. INCREASING COMPENSATION AND RESTITUTION FOR TRAF- FICKING VICTIMS. (a) AMENDMENTS TO TITLE 18.—Section 1594 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) by striking ‘‘that was used or’’ and inserting ‘‘that was involved in, used, or’’; and (ii) by inserting ‘‘, and any property traceable to such property’’ after ‘‘such violation’’; and (B) in paragraph (2), by inserting ‘‘, or any property traceable to such property’’ after ‘‘such violation’’; (2) in subsection (e)(1)(A)— (A) by striking ‘‘used or’’ and inserting ‘‘involved in, used, or’’; and (B) by inserting ‘‘, and any property traceable to such property’’ after ‘‘any violation of this chapter’’; (3) by redesignating subsection (f) as subsection (g); and (4) by inserting after subsection (e) the following: ‘‘(f) TRANSFER OF FORFEITED ASSETS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter. ‘‘(2) PRIORITY.—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds. ‘‘(3) USE OF NONFORFEITED ASSETS.—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.’’.

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(b) AMENDMENT TO TITLE 28.—Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting ‘‘chapter 77 of title 18,’’ after ‘‘criminal drug laws of the United States or of’’. (c) AMENDMENTS TO TITLE 31.— (1) IN GENERAL.—Chapter 97 of title 31, United States Code, is amended— (A) by redesignating section 9703 (as added by section 638(b)(1) of the Treasury, Postal Service, and General Government Appropriations Act, 1993 (Public Law 102– 393; 106 Stat. 1779)) as section 9705; and (B) in section 9705(a), as redesignated— (i) in paragraph (1)— (I) in subparagraph (I)— (aa) by striking ‘‘payment’’ and inserting ‘‘Payment’’; and (bb) by striking the semicolon at the end and inserting a period; and (II) in subparagraph (J), by striking ‘‘payment’’ and inserting ‘‘Payment’’; and (ii) in paragraph (2)— (I) in subparagraph (B)— (aa) in clause (iii)— (AA) in subclause (I), by striking ‘‘or’’ and inserting ‘‘of’’; and (BB) in subclause (III), by striking ‘‘and’’ at the end; (bb) in clause (iv), by striking the period at the end and inserting ‘‘; and’’; and (cc) by inserting after clause (iv) the following: ‘‘(v) United States Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking);’’; (II) in subparagraph (G), by adding ‘‘and’’ at the end; and (III) in subparagraph (H), by striking ‘‘; and’’ and inserting a period. (2) TECHNICAL AND CONFORMING AMENDMENTS.— (A) CROSS REFERENCES.— (i) TITLE 28.—Section 524(c) of title 28, United States Code, is amended— (I) in paragraph (4)(C), by striking ‘‘section 9703(g)(4)(A)(ii)’’ and inserting ‘‘section 9705(g)(4)(A)’’; (II) in paragraph (10), by striking ‘‘section 9703(p)’’ and inserting ‘‘section 9705(o)’’; and (III) in paragraph (11), by striking ‘‘section 9703’’ and inserting ‘‘section 9705’’. (ii) TITLE 31.—Title 31, United States Code, is amended— (I) in section 312(d), by striking ‘‘section 9703’’ and inserting ‘‘section 9705’’; and (II) in section 5340(1), by striking ‘‘section 9703(p)(1)’’ and inserting ‘‘section 9705(o)’’. (iii) TITLE 39.—Section 2003(e)(1) of title 39, United States Code, is amended by striking ‘‘section 9703(p)’’ and inserting ‘‘section 9705(o)’’.

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(B) TABLE OF SECTIONS.—The table of sections for 31 USC chapter 97 of title 31, United States Code, is amended prec. 9701. to read as follows:

‘‘9701. Fees and charges for Government services and things of value. ‘‘9702. Investment of trust funds. ‘‘9703. Managerial accountability and flexibility. ‘‘9704. Pilot projects for managerial accountability and flexibility. ‘‘9705. Department of the Treasury Forfeiture Fund.’’. SEC. 106. STREAMLINING HUMAN TRAFFICKING INVESTIGATIONS. Section 2516 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (a), by inserting a comma after ‘‘weapons)’’; (B) in subparagraph (c)— (i) by inserting ‘‘section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),’’ before ‘‘section 1591’’; (ii) by inserting ‘‘section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),’’ before ‘‘section 1751’’; (iii) by inserting a comma after ‘‘virus)’’; (iv) by striking ‘‘,, section’’ and inserting a comma; (v) by striking ‘‘or’’ after ‘‘misuse of passports),’’; and (vi) by inserting ‘‘or’’ before ‘‘section 555’’; (C) in subparagraph (j), by striking ‘‘pipeline,)’’ and inserting ‘‘pipeline),’’; and (D) in subparagraph (p), by striking ‘‘documents, section 1028A (relating to aggravated identity theft))’’ and inserting ‘‘documents), section 1028A (relating to aggravated identity theft)’’; and (2) in paragraph (2), by inserting ‘‘human trafficking, child sexual exploitation, child pornography production,’’ after ‘‘kidnapping’’. SEC. 107. ENHANCING HUMAN TRAFFICKING REPORTING. Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following: ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN TRAF- FICKING.—For purposes of this section, the term ‘part 1 violent crimes’ shall include severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).’’. SEC. 108. REDUCING DEMAND FOR SEX TRAFFICKING. (a) IN GENERAL.—Section 1591 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking ‘‘or maintains’’ and inserting ‘‘maintains, patronizes, or solicits’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘or obtained’’ and inserting ‘‘obtained, patronized, or solicited’’; and

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(B) in paragraph (2), by striking ‘‘or obtained’’ and inserting ‘‘obtained, patronized, or solicited’’; and (3) in subsection (c)—

(A) by striking ‘‘or maintained’’ and inserting ‘‘, maintained, patronized, or solicited’’; and (B) by striking ‘‘knew that the person’’ and inserting ‘‘knew, or recklessly disregarded the fact, that the person’’.

(b) DEFINITION AMENDED.—Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ‘‘or obtaining’’ and inserting ‘‘obtaining, patronizing, or soliciting’’. (c) PURPOSE.—The purpose of the amendments made by this 18 USC 1591 section is to clarify the range of conduct punished as sex trafficking. note. SEC. 109. SENSE OF CONGRESS. 18 USC 1591 note. It is the sense of Congress that— (1) section 1591 of title 18, United States Code, defines a sex trafficker as a person who ‘‘knowingly. . .recruits, entices,

harbors, transports, provides, obtains, or maintains by any means a person. . .knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion. . .or any combination of such means will be used to cause the

person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act’’; (2) while use of the word ‘‘obtains’’ in section 1591, United

States Code, has been interpreted, prior to the date of enactment of this Act, to encompass those who purchase illicit sexual acts from trafficking victims, some confusion persists; (3) in United States vs. Jungers, 702 F.3d 1066 (8th Cir.

2013), the United States Court of Appeals for the Eighth Circuit ruled that section 1591 of title 18, United States Code, applied to persons who purchase illicit sexual acts with trafficking victims after the United States District Court for the District of South Dakota erroneously granted motions to acquit these

buyers in two separate cases; and (4) section 108 of this title amends section 1591 of title 18, United States Code, to add the words ‘‘solicits or patronizes’’ to the sex trafficking statute making absolutely clear for judges,

juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular

case. SEC. 110. USING EXISTING TASK FORCES AND COMPONENTS TO TAR- 42 USC 14044g GET OFFENDERS WHO EXPLOIT CHILDREN. note. Not later than 180 days after the date of enactment of this Deadline. Act, the Attorney General shall ensure that— (1) all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex; and (2) all components and task forces with jurisdiction to detect, investigate, and prosecute cases of child labor trafficking engage in activities, programs, or operations to increase the

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capacity of such components to deter and punish child labor trafficking.

SEC. 111. TARGETING CHILD PREDATORS. LARIFYING HAT HILD ORNOGRAPHY RODUCERS RE (a) C T C P P A HUMAN TRAFFICKERS.—Section 2423(f) of title 18, United States Code, is amended— (1) by striking ‘‘means (1) a’’ and inserting the following: ‘‘means—

‘‘(1) a’’; (2) by striking ‘‘United States; or (2) any’’ and inserting the following: ‘‘United States; ‘‘(2) any’’; and

(3) by striking the period at the end and inserting the following: ‘‘; or ‘‘(3) production of child pornography (as defined in section 2256(8)).’’.

(b) HOLDING SEX TRAFFICKERS ACCOUNTABLE.—Section 2423(g) of title 18, United States Code, is amended by striking ‘‘a preponder- ance of the evidence’’ and inserting ‘‘clear and convincing evidence’’.

SEC. 112. MONITORING ALL HUMAN TRAFFICKERS AS VIOLENT CRIMI- NALS.

Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting ‘‘77,’’ after ‘‘chapter’’.

SEC. 113. CRIME VICTIMS’ RIGHTS. (a) IN GENERAL.—Section 3771 of title 18, United States Code,

is amended— (1) in subsection (a), by adding at the end the following: ‘‘(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

‘‘(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Vic- tims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims’

Rights Ombudsman of the Department of Justice.’’; (2) in subsection (d)(3), in the fifth sentence, by inserting ‘‘, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration’’ before

the period; and (3) in subsection (e)— (A) by striking ‘‘this chapter, the term’’ and inserting the following: ‘‘this chapter: Definition. ‘‘(1) COURT OF APPEALS.—The term ‘court of appeals’ means— ‘‘(A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or r‘‘(B) fo a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. ‘‘(2) CRIME VICTIM.— ‘‘(A) IN GENERAL.—The term’’; (B) by striking ‘‘In the case’’ and inserting the following: ‘‘(B) MINORS AND CERTAIN OTHER VICTIMS.—In the case’’; and (C) by adding at the end the following:

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‘‘(3) DISTRICT COURT; COURT.—The terms ‘district court’ and ‘court’ include the Superior Court of the District of Columbia.’’.

(b) CRIME VICTIMS FUND.—Section 1402(d)(3)(A)(i) of the Vic- tims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(A)(i)) is amended by inserting ‘‘section’’ before ‘‘3771’’. (c) APPELLATE REVIEW OF PETITIONS RELATING TO CRIME VIC-

TIMS’ RIGHTS.— (1) IN GENERAL.—Section 3771(d)(3) of title 18, United States Code, as amended by subsection (a)(2) of this section, is amended by inserting after the fifth sentence the following: ‘‘In deciding such application, the court of appeals shall apply Applicability. ordinary standards of appellate review.’’. (2) APPLICATION.—The amendment made by paragraph (1) 18 USC 3771 shall apply with respect to any petition for a writ of mandamus note.

filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

SEC. 114. COMBAT HUMAN TRAFFICKING ACT. Combat Human Trafficking Act (a) SHORT TITLE.—This section may be cited as the ‘‘Combat of 2015. Human Trafficking Act of 2015’’. 42 USC 14044g. (b) DEFINITIONS.—In this section: (1) COMMERCIAL SEX ACT; SEVERE FORMS OF TRAFFICKING IN PERSONS; STATE; TASK FORCE.—The terms ‘‘commercial sex act’’, ‘‘severe forms of trafficking in persons’’, ‘‘State’’, and ‘‘Task Force’’ have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (2) COVERED OFFENDER.—The term ‘‘covered offender’’ means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons. (3) COVERED OFFENSE.—The term ‘‘covered offense’’ means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons. (4) FEDERAL LAW ENFORCEMENT OFFICER.—The term ‘‘Fed- eral law enforcement officer’’ has the meaning given the term in section 115 of title 18, United States Code. (5) LOCAL LAW ENFORCEMENT OFFICER.—The term ‘‘local law enforcement officer’’ means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (6) STATE LAW ENFORCEMENT OFFICER.—The term ‘‘State law enforcement officer’’ means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (c) DEPARTMENT OF JUSTICE TRAINING AND POLICY FOR LAW ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES.— (1) TRAINING.— (A) LAW ENFORCEMENT OFFICERS.—The Attorney Gen- eral shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti- human trafficking training program for Federal, State, or

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local law enforcement officers, includes technical training on— (i) effective methods for investigating and prosecuting covered offenders; and (ii) facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons. (B) FEDERAL PROSECUTORS.—The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution. (C) JUDGES.—The Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title. (2) POLICY FOR FEDERAL LAW ENFORCEMENT OFFICERS.— The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders. (d) MINIMUM PERIOD OF SUPERVISED RELEASE FOR CONSPIRACY TO COMMIT COMMERCIAL CHILD SEX TRAFFICKING.—Section 3583(k) of title 18, United States Code, is amended by inserting ‘‘1594(c),’’ after ‘‘1591,’’. (e) BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCE- MENT OF HUMAN TRAFFICKING PROHIBITIONS.—The Director of the Bureau of Justice Statistics shall— (1) prepare an annual report on— (A) the rates of— (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to— (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and (E) the Attorney General.

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SEC. 115. SURVIVORS OF HUMAN TRAFFICKING EMPOWERMENT ACT. Survivors of Human (a) SHORT TITLE.—This section may be cited as the ‘‘Survivors Trafficking of Human Trafficking Empowerment Act’’. Empowerment (b) ESTABLISHMENT.—There is established the United States Act.

Advisory Council on Human Trafficking (referred to in this section as the ‘‘Council’’), which shall provide advice and recommendations to the Senior Policy Operating Group established under section

105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)) (referred to in this section as the ‘‘Group’’) and the Presi- dent’s Interagency Task Force to Monitor and Combat Trafficking established under section 105(a) of such Act (referred to in this section as the ‘‘Task Force’’). (c) MEMBERSHIP.— (1) COMPOSITION.—The Council shall be composed of not

less than 8 and not more than 14 individuals who are survivors of human trafficking. (2) REPRESENTATION OF SURVIVORS.—To the extent prac-

ticable, members of the Council shall be survivors of trafficking, who shall accurately reflect the diverse backgrounds of survivors of trafficking, including— (A) survivors of sex trafficking and survivors of labor

trafficking; and (B) survivors who are United States citizens and survivors who are aliens lawfully present in the United States. (3) APPOINTMENT.—Not later than 180 days after the date Deadline. of enactment of this Act, the President shall appoint the mem- President. bers of the Council. (4) TERM; REAPPOINTMENT.—Each member of the Council shall serve for a term of 2 years and may be reappointed by the President to serve 1 additional 2-year term. (d) FUNCTIONS.—The Council shall— (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion or at the request of the Group, not less frequently than annually to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims and serve as a point of contact for Federal agencies reaching out to human trafficking survivors for input on programming and policies relating to human trafficking in the United States; (3) formulate assessments and recommendations to ensure that policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and (4) meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council. (e) REPORTS.—Not later than 1 year after the date of enactment of this Act and each year thereafter until the date described in subsection (h), the Council shall submit a report that contains the findings derived from the reviews conducted pursuant to subsection (d)(2) to— (1) the chair of the Task Force; (2) the members of the Group;

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(3) the Committees on Foreign Affairs, Homeland Security, Appropriations, and the Judiciary of the House of Representa-

tives; and (4) the Committees on Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, and the Judiciary of the Senate. MPLOYEE TATUS (f) E S .—Members of the Council— (1) shall not be considered employees of the Federal Govern- ment for any purpose; and (2) shall not receive compensation other than reimburse-

ment of travel expenses and per diem allowance in accordance with section 5703 of title 5, United States Code. (g) NONAPPLICABILITY OF FACA.—The Council shall not be subject to the requirements under the Federal Advisory Committee

Act (5 U.S.C. App.). (h) SUNSET.—The Council shall terminate on September 30, 2020.

Bringing Missing SEC. 116. BRINGING MISSING CHILDREN HOME ACT. Children Home Act. (a) SHORT TITLE.—This section may be cited as the ‘‘Bringing 42 USC 5601 Missing Children Home Act’’. note. (b) CRIME CONTROL ACT AMENDMENTS.—Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended— (1) in paragraph (2), by striking ‘‘and’’ at the end; (2) in paragraph (3)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: ‘‘(B) a recent photograph of the child, if available;’’; and (3) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’; (B) in subparagraph (A)— (i) by striking ‘‘60 days’’ and inserting ‘‘30 days’’; and (ii) by inserting ‘‘and a photograph taken during the previous 180 days’’ after ‘‘dental records’’; (C) in subparagraph (B), by striking ‘‘and’’ at the end;

(D) by redesignating subparagraph (C) as subparagraph (D); (E) by inserting after subparagraph (B) the following: Notification. ‘‘(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;’’; (F) in subparagraph (D), as redesignated— (i) by inserting ‘‘State and local child welfare systems and’’ before ‘‘the National Center for Missing and Exploited Children’’; and (ii) by striking the period at the end and inserting ‘‘; and’’; and (G) by adding at the end the following: ‘‘(E) grant permission to the National Crime Informa- tion Center Terminal Contractor for the State to update the missing person record in the National Crime Informa- tion Center computer networks with additional information

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learned during the investigation relating to the missing person.’’.

SEC. 117. GRANT ACCOUNTABILITY. 42 USC 14044b–1. (a) DEFINITION.—In this section, the term ‘‘covered grant’’ means a grant awarded by the Attorney General under section 203 of the Trafficking Victims Protection Reauthorization Act of

2005 (42 U.S.C. 14044b), as amended by section 103. (b) ACCOUNTABILITY.—All covered grants shall be subject to the following accountability provisions: (1) AUDIT REQUIREMENT.— Time periods. (A) IN GENERAL.—Beginning in the first fiscal year Effective date. beginning after the date of enactment of this Act, and

in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine Determination. the appropriate number of grantees to be audited each year. (B) DEFINITION.—In this paragraph, the term ‘‘unresolved audit finding’’ means a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (C) MANDATORY EXCLUSION.—A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the following 2 fiscal years. (D) PRIORITY.—In awarding covered grants the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a covered grant. (E) REIMBURSEMENT.—If an entity is awarded a covered grant during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) NONPROFIT ORGANIZATION REQUIREMENTS.— (A) DEFINITION.—For purposes of this paragraph and covered grants, the term ‘‘nonprofit organization’’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) PROHIBITION.—The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.

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(C) DISCLOSURE.—Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption

of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the

independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and Public decision. Upon request, the Attorney General shall make information. the information disclosed under this subsection available

for public inspection. (3) CONFERENCE EXPENDITURES.— (A) LIMITATION.—No amounts transferred to the

Department of Justice under this title, or the amendments made by this title, may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this title,

or the amendments made by this title, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors,

or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. Cost estimate. (B) WRITTEN APPROVAL.—Written approval under subparagraph (A) shall include a written estimate of all

costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. (C) REPORT.—The Deputy Attorney General shall

submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph. Effective date. (D) ANNUAL CERTIFICATION.—Beginning in the first fiscal year beginning after the date of enactment of this title, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Rep- resentatives, an annual certification that— (i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney Gen- eral or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; (iii) all reimbursements required under paragraph (1)(E) have been made; and (iv) includes a list of any grant recipients excluded under paragraph (1) from the previous year. (4) PROHIBITION ON LOBBYING ACTIVITY.— (A) IN GENERAL.—Amounts awarded under this title, or any amendments made by this title, may not be utilized by any grant recipient to—

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(i) lobby any representative of the Department of Justice regarding the award of grant funding; or

(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (B) PENALTY.—If the Attorney General determines that Determination.

any recipient of a covered grant has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant Repayment. in full; and (ii) prohibit the grant recipient from receiving Time period. another covered grant for not less than 5 years.

SEC. 118. SAVE ACT. Stop Advertising Victims of (a) SHORT TITLE.—This section may be cited as the ‘‘Stop Adver- Exploitation Act tising Victims of Exploitation Act of 2015’’ or the ‘‘SAVE Act of of 2015. 2015’’. 18 USC 1 note. (b) ADVERTISING THAT OFFERS CERTAIN COMMERCIAL ACTS.—

(1) IN GENERAL.—Section 1591(a)(1) of title 18, United States Code, as amended by this Act, is further amended by inserting ‘‘advertises,’’ after ‘‘obtains,’’. ENS REA REQUIREMENT (2) M .—Section 1591(a) of title 18, United States Code, is amended in the undesignated matter following paragraph (2), by inserting ‘‘, except where the act constituting the violation of paragraph (1) is advertising,’’ after

‘‘knowing, or’’. (3) CONFORMING AMENDMENTS.—Section 1591(b) of title 18, United States Code, as amended by this Act, is further amended—

(A) in paragraph (1), by inserting ‘‘advertised,’’ after ‘‘obtained,’’; and (B) in paragraph (2), by inserting ‘‘advertised,’’ after ‘‘obtained,’’.

SEC. 119. EDUCATION AND OUTREACH TO TRAFFICKING SURVIVORS. Web posting. 42 USC 5611 The Attorney General shall make available, on the website note. of the Office of Juvenile Justice and Delinquency Prevention, a database for trafficking victim advocates, crisis hotline personnel, foster parents, law enforcement personnel, and crime survivors that contains information on— (1) counseling and hotline resources; (2) housing resources; (3) legal assistance; and (4) other services for trafficking survivors. SEC. 120. EXPANDED STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BY CHILD TRAFFICKING SURVIVORS. Section 1595(c) of title 18, United States Code, is amended by striking ‘‘not later than 10 years after the cause of action arose.’’ and inserting ‘‘not later than the later of— ‘‘(1) 10 years after the cause of action arose; or ‘‘(2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.’’. SEC. 121. GAO STUDY AND REPORT. (a) STUDY.—The Comptroller General of the United States shall conduct a study on each program or initiative authorized under

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this Act and the following statutes and evaluate whether any program or initiative is duplicative:

(1) Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164; 119 Stat. 3558). (2) Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).

(3) Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.). (4) Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.).

(5) Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.). (b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States

shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study conducted under subsection (a), which shall include—

(1) a description of the cost of any duplicative program or initiative studied under subsection (a); and Recommenda- (2) recommendations on how to achieve cost savings with tions. respect to each duplicative program or initiative studied under subsection (a). TITLE II—COMBATING HUMAN TRAFFICKING Subtitle A—Enhancing Services for Run- away and Homeless Victims of Youth Trafficking

SEC. 201. AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT. The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended— (1) in section 343(b)(5) (42 U.S.C. 5714–23(b)(5))— (A) in subparagraph (A) by inserting ‘‘, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), and sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))’’ before the semicolon at the end; (B) in subparagraph (B) by inserting ‘‘, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))’’ after ‘‘assault’’; and (C) in subparagraph (C) by inserting ‘‘, including such youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)))’’ before the semicolon at the end; and (2) in section 351(a) (42 U.S.C. 5714–41(a)) by striking ‘‘or sexual exploitation’’ and inserting ‘‘sexual exploitation,

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severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))’’.

Subtitle B—Improving the Response to Victims of Child Sex Trafficking

SEC. 211. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING. Section 404(b)(1)(P)(iii) of the Missing Children’s Assistance Act (42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking ‘‘child prostitution’’ and inserting ‘‘child sex trafficking, including child prostitution’’.

Subtitle C—Interagency Task Force to Monitor and Combat Trafficking

SEC. 221. VICTIM OF TRAFFICKING DEFINED. In this subtitle, the term ‘‘victim of trafficking’’ has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). SEC. 222. INTERAGENCY TASK FORCE REPORT ON CHILD TRAFFICKING PRIMARY PREVENTION. (a) REVIEW.—The Interagency Task Force to Monitor and Com- bat Trafficking, established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103), shall conduct a review that, with regard to trafficking in persons in the United States— (1) in consultation with nongovernmental organizations Consultation. that the Task Force determines appropriate, surveys and cata- logs the activities of the Federal Government and State governments— (A) to deter individuals from committing trafficking offenses; and (B) to prevent children from becoming victims of trafficking; (2) surveys academic literature on— (A) deterring individuals from committing trafficking offenses; (B) preventing children from becoming victims of trafficking; (C) the commercial sexual exploitation of children; and (D) other similar topics that the Task Force determines to be appropriate; (3) identifies best practices and effective strategies— (A) to deter individuals from committing trafficking offenses; and (B) to prevent children from becoming victims of trafficking; and (4) identifies current gaps in research and data that would be helpful in formulating effective strategies— (A) to deter individuals from committing trafficking offenses; and

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(B) to prevent children from becoming victims of trafficking. Public (b) REPORT.—Not later than 1 year after the date of the enact- information. ment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall provide to Congress, and make publicly available in electronic format, a report on the review conducted pursuant to subparagraph (a). SEC. 223. GAO REPORT ON INTERVENTION. On the date that is 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes information on— (1) the efforts of Federal and select State law enforcement agencies to combat human trafficking in the United States; and (2) each Federal grant program, a purpose of which is to combat human trafficking or assist victims of trafficking, as specified in an authorizing statute or in a guidance document issued by the agency carrying out the grant program. SEC. 224. PROVISION OF HOUSING PERMITTED TO PROTECT AND ASSIST IN THE RECOVERY OF VICTIMS OF TRAFFICKING. Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting ‘‘, including programs that provide housing to victims of trafficking’’ before the period at the end.

Subtitle D—Expanded Training

SEC. 231. EXPANDED TRAINING RELATING TO TRAFFICKING IN PER- SONS. Section 105(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended— (1) by striking ‘‘Appropriate personnel’’ and inserting the following: ‘‘(A) IN GENERAL.—Appropriate personnel’’; (2) in subparagraph (A), as redesignated, by inserting ‘‘, including members of the Service (as such term is defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903))’’ after ‘‘Department of State’’; and (3) by adding at the end the following: ‘‘(B) TRAINING COMPONENTS.—Training under this paragraph shall include— ‘‘(i) a distance learning course on trafficking-in- persons issues and the Department of State’s obligations under this Act, which shall be designed for embassy reporting officers, regional bureaus’ trafficking-in-persons coordinators, and their superiors; ‘‘(ii) specific trafficking-in-persons briefings for all ambassadors and deputy chiefs of mission before such individuals depart for their posts; and ‘‘(iii) at least annual reminders to all personnel referred to in clauses (i) and (ii), including appropriate personnel from other Federal departments and agencies, at each diplomatic or consular post of the Depart- ment of State located outside the United States of—

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‘‘(I) key problems, threats, methods, and warning signs of trafficking in persons specific to the country or jurisdiction in which each such post

is located; and ‘‘(II) appropriate procedures to report information that any such personnel may acquire about possible cases of trafficking in persons.’’.

TITLE III—HERO ACT Human Exploitation Rescue SEC. 301. SHORT TITLE. Operations Act of 2015. This title may be cited as the ‘‘Human Exploitation Rescue 6 USC 101 note. Operations Act of 2015’’ or the ‘‘HERO Act of 2015’’.

SEC. 302. HERO ACT. 6 USC 473 note.

(a) FINDINGS.—Congress finds the following: (1) The illegal market for the production and distribution of child abuse imagery is a growing threat to children in the

United States. International demand for this material creates a powerful incentive for the rape, abuse, and torture of children within the United States. (2) The targeting of United States children by international

criminal networks is a threat to the homeland security of the United States. This threat must be fought with trained personnel and highly specialized counter-child-exploitation strategies and technologies.

(3) The United States Immigration and Customs Enforce- ment of the Department of Homeland Security serves a critical national security role in protecting the United States from the growing international threat of child exploitation and

human trafficking. (4)e Th Cyber Crimes Center of the United States Immigra- tion and Customs Enforcement is a vital national resource in the effort to combat international child exploitation, pro-

viding advanced expertise and assistance in investigations, computer forensics, and victim identification. (5) The returning military heroes of the United States possess unique and valuable skills that can assist law enforce-

ment in combating global sexual and child exploitation, and the Department of Homeland Security should use this national resource to the maximum extent possible. (6) Through the Human Exploitation Rescue Operative

(HERO) Child Rescue Corps program, the returning military heroes of the United States are trained and hired to investigate crimes of child exploitation in order to target predators and rescue children from sexual abuse and slavery. (b) CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGA-

TIONS UNIT, AND COMPUTER FORENSICS UNIT.— (1) IN GENERAL.—Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following:

‘‘SEC. 890A. CYBER CRIMES CENTER, CHILD EXPLOITATION INVESTIGA- 6 USC 473. TIONS UNIT, COMPUTER FORENSICS UNIT, AND CYBER CRIMES UNIT. ‘‘(a) CYBER CRIMES CENTER.—

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‘‘(1) IN GENERAL.—The Secretary shall operate, within United States Immigration and Customs Enforcement, a Cyber Crimes Center (referred to in this section as the ‘Center’). ‘‘(2) PURPOSE.—The purpose of the Center shall be to provide investigative assistance, training, and equipment to support United States Immigration and Customs Enforcement’s domestic and international investigations of cyber-related crimes. ‘‘(b) CHILD EXPLOITATION INVESTIGATIONS UNIT.— ‘‘(1) IN GENERAL.—The Secretary shall operate, within the Center, a Child Exploitation Investigations Unit (referred to in this subsection as the ‘CEIU’). ‘‘(2) FUNCTIONS.—The CEIU— ‘‘(A) shall coordinate all United States Immigration and Customs Enforcement child exploitation initiatives, including investigations into— ‘‘(i) child exploitation; ‘‘(ii) child pornography; ‘‘(iii) child victim identification; ‘‘(iv) traveling child sex offenders; and ‘‘(v) forced child labor, including the sexual exploitation of minors; ‘‘(B) shall, among other things, focus on— ‘‘(i) child exploitation prevention; ‘‘(ii) investigative capacity building; ‘‘(iii) enforcement operations; and ‘‘(iv) training for Federal, State, local, tribal, and foreign law enforcement agency personnel, upon request; ‘‘(C) shall provide training, technical expertise, support, or coordination of child exploitation investigations, as needed, to cooperating law enforcement agencies and personnel; ‘‘(D) shall provide psychological support and counseling services for United States Immigration and Customs Enforcement personnel engaged in child exploitation prevention initiatives, including making available other existing services to assist employees who are exposed to child exploitation material during investigations; ‘‘(E) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of the recruiting, training, equipping and hiring of wounded, ill, and injured veterans and transitioning service members, through the Human Exploi- tation Rescue Operative (HERO) Child Rescue Corps program; and ‘‘(F) shall collaborate with other governmental, nongovernmental, and nonprofit entities approved by the Sec- retary for the sponsorship of, and participation in, outreach and training activities. ‘‘(3) DATA COLLECTION.—The CEIU shall collect and maintain data concerning— ‘‘(A) the total number of suspects identified by United States Immigration and Customs Enforcement; ‘‘(B) the number of arrests by United States Immigra- tion and Customs Enforcement, disaggregated by type, including—

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‘‘(i) the number of victims identified through investigations carried out by United States Immigration and Customs Enforcement; and

‘‘(ii) the number of suspects arrested who were in positions of trust or authority over children; ‘‘(C) the number of cases opened for investigation by United States Immigration and Customs Enforcement; and

‘‘(D) the number of cases resulting in a Federal, State, foreign, or military prosecution. ‘‘(4) AVAILABILITY OF DATA TO CONGRESS.—In addition to submitting the reports required under paragraph (7), the CEIU shall make the data collected and maintained under paragraph (3) available to the committees of Congress described in paragraph (7). ‘‘(5) COOPERATIVE AGREEMENTS.—The CEIU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraphs (2) and (3). ‘‘(6) ACCEPTANCE OF GIFTS.— ‘‘(A) IN GENERAL.—The Secretary is authorized to

accept monies and in-kind donations from the Virtual Global Taskforce, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support

of the functions of the CEIU. ‘‘(B) EXEMPTION FROM FEDERAL ACQUISITION REGULA- TION.—Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for com-

petition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ‘‘(7) REPORTS.—Not later than 1 year after the date of the enactment of the HERO Act of 2015, and annually for the following 4 years, the CEIU shall— ‘‘(A) submit a report containing a summary of the data collected pursuant to paragraph (3) during the pre-

vious year to— ‘‘(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ‘‘(ii) the Committee on the Judiciary of the Senate;

‘‘(iii) the Committee on Appropriations of the Senate; ‘‘(iv) the Committee on Homeland Security of the House of Representatives;

‘‘(v) the Committee on the Judiciary of the House of Representatives; and ‘‘(vi) the Committee on Appropriations of the House of Representatives; and ‘‘(B) make a copy of each report submitted under Records. subparagraph (A) publicly available on the website of the Department. ‘‘(c) COMPUTER FORENSICS UNIT.— ‘‘(1) IN GENERAL.—The Secretary shall operate, within the Center, a Computer Forensics Unit (referred to in this subsection as the ‘CFU’). ‘‘(2) FUNCTIONS.—The CFU— ‘‘(A) shall provide training and technical support in digital forensics to—

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‘‘(i) United States Immigration and Customs Enforcement personnel; and ‘‘(ii) Federal, State, local, tribal, military, and foreign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds; ‘‘(B) shall provide computer hardware, software, and forensic licenses for all computer forensics personnel within United States Immigration and Customs Enforcement; ‘‘(C) shall participate in research and development in the area of digital forensics, in coordination with appropriate components of the Department; and ‘‘(D) is authorized to collaborate with the Department of Defense and the National Association to Protect Children for the purpose of recruiting, training, equipping, and hiring wounded, ill, and injured veterans and transitioning service members, through the Human Exploitation Rescue Operative (HERO) Child Rescue Corps program. ‘‘(3) COOPERATIVE AGREEMENTS.—The CFU is authorized to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ‘‘(4) ACCEPTANCE OF GIFTS.— ‘‘(A) IN GENERAL.—The Secretary is authorized to accept monies and in-kind donations from the Virtual Global Task Force, national laboratories, Federal agencies, not-for-profit organizations, and educational institutions to create and expand public awareness campaigns in support of the functions of the CFU. ‘‘(B) EXEMPTION FROM FEDERAL ACQUISITION REGULA- TION.—Gifts authorized under subparagraph (A) shall not be subject to the Federal Acquisition Regulation for com- petition when the services provided by the entities referred to in such subparagraph are donated or of minimal cost to the Department. ‘‘(d) CYBER CRIMES UNIT.— ‘‘(1) IN GENERAL.—The Secretary shall operate, within the Center, a Cyber Crimes Unit (referred to in this subsection as the ‘CCU’). ‘‘(2) FUNCTIONS.—The CCU— ‘‘(A) shall oversee the cyber security strategy and cyber- related operations and programs for United States Immigration and Customs Enforcement; ‘‘(B) shall enhance United States Immigration and Cus- toms Enforcement’s ability to combat criminal enterprises operating on or through the Internet, with specific focus in the areas of— ‘‘(i) cyber economic crime; ‘‘(ii) digital theft of intellectual property; ‘‘(iii) illicit e-commerce (including hidden market- places); ‘‘(iv) Internet-facilitated proliferation of arms and strategic technology; and ‘‘(v) cyber-enabled smuggling and money laundering; ‘‘(C) shall provide training and technical support in cyber investigations to—

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‘‘(i) United States Immigration and Customs Enforcement personnel; and ‘‘(ii) Federal, State, local, tribal, military, and for-

eign law enforcement agency personnel engaged in the investigation of crimes within their respective jurisdictions, upon request and subject to the availability of funds;

‘‘(D) shall participate in research and development in the area of cyber investigations, in coordination with appropriate components of the Department; and ‘‘(E) is authorized to recruit participants of the Human

Exploitation Rescue Operative (HERO) Child Rescue Corps program for investigative and forensic positions in support of the functions of the CCU. ‘‘(3) COOPERATIVE AGREEMENTS.—The CCU is authorized

to enter into cooperative agreements to accomplish the functions set forth in paragraph (2). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.’’. (2) TABLE OF CONTENTS AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the item relating to section 890 the following:

‘‘Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit.’’.

(c) HERO CORPS HIRING.—It is the sense of Congress that Homeland Security Investigations of the United States Immigration and Customs Enforcement should hire, recruit, train, and equip wounded, ill, or injured military veterans (as defined in section 101, title 38, United States Code) who are affiliated with the HERO Child Rescue Corps program for investigative, intelligence, analyst, and forensic positions. (d) INVESTIGATING CHILD EXPLOITATION.—Section 307(b)(3) of the Homeland Security Act of 2002 (6 U.S.C. 187(b)(3)) is amended— (1) in subparagraph (B), by striking ‘‘and’’ at the end;

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(D) conduct research and development for the purpose

of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.’’.

SEC. 303. TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.

Chapter 117 of title 18, United States Code, is amended by striking section 2421 and inserting the following:

‘‘§ 2421. Transportation generally 18 USC 2421. ‘‘(a) IN GENERAL.—Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to

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do so, shall be fined under this title or imprisoned not more than 10 years, or both. ‘‘(b) REQUESTS TO PROSECUTE VIOLATIONS BY STATE ATTORNEYS

GENERAL.— ‘‘(1) IN GENERAL.—The Attorney General shall grant a request by a State attorney general that a State or local

attorney be cross designated to prosecute a violation of this section unless the Attorney General determines that granting the request would undermine the administration of justice. Deadline. ‘‘(2) REASON FOR DENIAL.—If the Attorney General denies a request under paragraph (1), the Attorney General shall

submit to the State attorney general a detailed reason for the denial not later than 60 days after the date on which a request is received.’’.

Rape Survivor TITLE IV—RAPE SURVIVOR CHILD Child Custody Act. CUSTODY

42 USC 13701 SEC. 401. SHORT TITLE. note. This title may be cited as the ‘‘Rape Survivor Child Custody Act’’.

42 USC 14043h. SEC. 402. DEFINITIONS.

In this title: (1) COVERED FORMULA GRANT.—The term ‘‘covered formula grant’’ means a grant under—

(A) part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the ‘‘STOP Violence Against Women Formula Grant Program’’); or

(B) section 41601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) (commonly referred to as the ‘‘Sexual Assault Services Program’’). (2) TERMINATION.—

(A) IN GENERAL.—The term ‘‘termination’’ means, when used with respect to parental rights, a complete and final termination of the parent’s right to custody of, guardianship

of, visitation with, access to, and inheritance from a child. (B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require a State, in order to receive an increase in the amount provided to the State

under the covered formula grants under this title, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child.

42 USC SEC. 403. FINDINGS. 14043h–1. Congress finds the following: (1) Men who father children through rape should be prohibited from visiting or having custody of those children. (2) Thousands of rape-related pregnancies occur annually in the United States. (3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists.

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 257

(4) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes. (5) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia. (6) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (7) Currently only 10 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover. (9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them.

SEC. 404. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED. 42 USC 14043h–2. The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this title if the State has in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court is authorized to grant upon clear and convincing evidence of rape.

SEC. 405. APPLICATION. 42 USC 14043h–3. A State seeking an increase in the amount provided to the State under the covered formula grants shall include in the application of the State for each covered formula grant such information as the Attorney General may reasonably require, including information about the law described in section 404.

SEC. 406. GRANT INCREASE. 42 USC 14043h–4. The amount of the increase provided to a State under the covered formula grants under this title shall be equal to not more than 10 percent of the average of the total amount of funding provided to the State under the covered formula grants under the 3 most recent awards to the State.

SEC. 407. PERIOD OF INCREASE. 42 USC 14043h–5. (a) IN GENERAL.—The Attorney General shall provide an increase in the amount provided to a State under the covered formula grants under this title for a 2-year period. (b) LIMIT.—The Attorney General may not provide an increase in the amount provided to a State under the covered formula grants under this title more than 4 times.

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42 USC SEC. 408. ALLOCATION OF INCREASED FORMULA GRANT FUNDS. 14043h–6. The Attorney General shall allocate an increase in the amount provided to a State under the covered formula grants under this title such that—

(1) 25 percent the amount of the increase is provided under the program described in section 402(1)(A); and (2) 75 percent the amount of the increase is provided under the program described in section 402(1)(B).

42 USC SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 14043h–7. There is authorized to be appropriated to carry out this title $5,000,000 for each of fiscal years 2015 through 2019.

Military Sex TITLE V—MILITARY SEX OFFENDER Offender Reporting Act REPORTING of 2015. 42 USC 16901 SEC. 501. SHORT TITLE. note. This title may be cited as the ‘‘Military Sex Offender Reporting Act of 2015’’.

SEC. 502. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILI- TARY CORRECTIONS FACILITIES OR UPON CONVICTION.

(a) IN GENERAL.—The Sex Offender Registration and Notifica- tion Act is amended by inserting after section 128 (42 U.S.C. 16928) the following:

42 USC 16928a. ‘‘SEC. 128A. REGISTRATION OF SEX OFFENDERS RELEASED FROM MILI- TARY CORRECTIONS FACILITIES OR UPON CONVICTION.

‘‘The Secretary of Defense shall provide to the Attorney General the information described in section 114 to be included in the

National Sex Offender Registry and the Dru Sjodin National Sex Offender Public Website regarding persons— ‘‘(1)(A) released from military corrections facilities; or ‘‘(B) convicted if the sentences adjudged by courts-martial

under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), do not include confinement; and ‘‘(2) required to register under this title.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—The table of

contents of the Adam Walsh Child Protection and Safety Act is amended by inserting after the item relating to section 128 the following:

‘‘Sec. 128A. Registration of sex offenders released from military corrections facilities or upon conviction.’’.

TITLE VI—STOPPING EXPLOITATION

THROUGH TRAFFICKING

SEC. 601. SAFE HARBOR INCENTIVES.

Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended— 42 USC 3796dd. (1) in section 1701(c), by striking ‘‘where feasible’’ and all that follows, and inserting the following: ‘‘where feasible, to an application—

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 259

‘‘(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding

the 25 percent minimum under subsection (g); or ‘‘(2) from an applicant in a State that has in effect a law that— ‘‘(A) treats a minor who has engaged in, or has

attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; ‘‘(B) discourages or prohibits the charging or prosecution of an individual described in subparagraph (A) for

a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); and ‘‘(C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers,

including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services.’’; and (2) in section 1709, by inserting at the end the following: 42 USC ‘‘(5) ‘commercial sex act’ has the meaning given the term 3796dd–8. Definitions. in section 103 of the Victims of Trafficking and Violence Protec- tion Act of 2000 (22 U.S.C. 7102). ‘‘(6) ‘minor’ means an individual who has not attained

the age of 18 years. ‘‘(7) ‘severe form of trafficking in persons’ has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).’’.

SEC. 602. REPORT ON RESTITUTION PAID IN CONNECTION WITH CER- TAIN TRAFFICKING OFFENSES.

Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended— (1) by inserting after ‘‘1590,’’ the following: ‘‘1591,’’;

(2) by striking ‘‘and 1594’’ and inserting ‘‘1594, 2251, 2251A, 2421, 2422, and 2423’’; (3) in clause (iv), by striking ‘‘and’’ at the end; (4) in clause (v), by striking ‘‘and’’ at the end; and (5) by inserting after clause (v) the following:

‘‘(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under

each such order, and the amount of restitution actually paid pursuant to each such order; and ‘‘(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in

the offense of individuals convicted under each offense; and’’. SEC. 603. NATIONAL HUMAN TRAFFICKING HOTLINE.

Section 107(b)(1)(B) of the Victims of Crime Trafficking and

Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)) is amended— (1) by striking ‘‘Subject’’ and inserting the following: ‘‘(i) IN GENERAL.—Subject’’; and (2) by adding at the end the following:

‘‘(ii) NATIONAL HUMAN TRAFFICKING HOTLINE.— Beginning in fiscal year 2017, and in each fiscal year Effective date. thereafter, of amounts made available for grants under Grants.

129 STAT. 260 PUBLIC LAW 114–22—MAY 29, 2015

paragraph (2), the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.’’. SEC. 604. JOB CORPS ELIGIBILITY. Section 144(a)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194(a)(3)) is amended by adding at the end the following: ‘‘(F) A victim of a severe form of trafficking in persons

(as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.’’.

SEC. 605. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS SERVICE.

Section 566(e)(1) of title 28, United States Code, is amended— (1) in subparagraph (B), by striking ‘‘and’’ at the end;

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting after subparagraph (C) the following: ‘‘(D) assist State, local, and other Federal law enforce-

ment agencies, upon the request of such an agency, in locating and recovering missing children.’’. 42 USC 14044h. SEC. 606. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING. (a) IN GENERAL.—The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the ‘‘National Strategy’’) in accordance with this section. (b) REQUIRED CONTENTS OF NATIONAL STRATEGY.—The National Strategy shall include the following: (1) Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including— (A) the development by each United States attorney, in consultation with State, local, and tribal government agencies, of a district-specific strategic plan to coordinate the identification of victims and the investigation and prosecution of human trafficking crimes; (B) the appointment of not fewer than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy; (C) the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and y(D) an other efforts intended to enhance the level of coordination and cooperation, as determined by the Attorney General. (2) Case coordination within the Department of Justice, including specific integration, coordination, and collaboration,

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 261

as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking

Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation. (3) Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including

resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the

exploitation of adults and children. (4) An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local,

and tribal efforts to combat human trafficking. (5) Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking,

including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved.

TITLE VII—TRAFFICKING AWARENESS Trafficking Awareness TRAINING FOR HEALTH CARE Training for Health Care Act of 2015. SEC. 701. SHORT TITLE. This title may be cited as the ‘‘Trafficking Awareness Training for Health Care Act of 2015’’. SEC. 702. DEVELOPMENT OF BEST PRACTICES. (a) GRANT OR CONTRACT FOR DEVELOPMENT OF BEST PRAC- TICES.— (1) IN GENERAL.—Not later than 1 year after the date Deadline. of enactment of this Act, the Secretary of Health and Human Consultation. Services acting through the Administrator of the Health Resources and Services Administration, and in consultation with the Administration on Children and Families and other agencies with experience in serving victims of human trafficking, shall award, on a competitive basis, a grant or contract to an eligible entity to train health care professionals to recognize and respond to victims of a severe form of trafficking. (2) DEVELOPMENT OF EVIDENCE-BASED BEST PRACTICES.— An entity receiving a grant under paragraph (1) shall develop evidence-based best practices for health care professionals to recognize and respond to victims of a severe form of trafficking, including— (A) consultation with law enforcement officials, social service providers, health professionals, experts in the field of human trafficking, and other experts, as appropriate, to inform the development of such best practices; (B)e th identification of any existing best practices or tools for health professionals to recognize potential victims of a severe form of trafficking; and (C) the development of educational materials to train health care professionals on the best practices developed under this subsection.

129 STAT. 262 PUBLIC LAW 114–22—MAY 29, 2015

(3) REQUIREMENTS.—Best practices developed under this subsection shall address— (A) risk factors and indicators to recognize victims of a severe form of trafficking; (B) patient safety and security; (C) the management of medical records of patients who are victims of a severe form of trafficking; (D) public and private social services available for rescue, food, clothing, and shelter referrals; (E) the hotlines for reporting human trafficking maintained by the National Human Trafficking Resource Center and the Department of Homeland Security; (F) validated assessment tools for the identification of victims of a severe form of trafficking; and (G) referral options and procedures for sharing information on human trafficking with a patient and making referrals for legal and social services as appropriate. (4) PILOT PROGRAM.—An entity receiving a grant under paragraph (1) shall design and implement a pilot program to test the best practices and educational materials identified or developed with respect to the recognition of victims of human trafficking by health professionals at health care sites located near an established anti-human trafficking task force initiative in each of the 10 administrative regions of the Department of Health and Human Services. (5) ANALYSIS AND REPORT.—Not later than 24 months after the date on which an entity implements a pilot program under paragraph (4), the entity shall— (A) analyze the results of the pilot programs, including through an assessment of— (i) changes in the skills, knowledge, and attitude of health care professionals resulting from the implementation of the program; (ii) the number of victims of a severe form of trafficking who were identified under the program; (iii) of those victims identified, the number who received information or referrals for services offered; and (iv) of those victims who received such information

or referrals— (I) the number who participated in follow up services; and (II) the type of follow up services received; Determination. (B) determine, using the results of the analysis conducted under subparagraph (A), the extent to which the

best practices developed under this subsection are evidence- based; and Reports. (C) submit to the Secretary of Health and Human Services a report concerning the pilot program and the

analysis of the pilot program under subparagraph (A), including an identification of the best practices that were identified as effective and those that require further review. Deadline. (b) DISSEMINATION.—Not later than 30 months after date on which a grant is awarded to an eligible entity under subsection (a), the Secretary of Health and Human Services shall—

PUBLIC LAW 114–22—MAY 29, 2015 129 STAT. 263

(1) collaborate with appropriate professional associations Collaboration. and health care professional schools to disseminate best practices identified or developed under subsection (a) for purposes of recognizing potential victims of a severe form of trafficking; and (2) post on the public website of the Department of Health Web posting. and Human Services the best practices that are identified by

the pilot program as effective under subsection (a)(5). SEC. 703. DEFINITIONS.

In this title: (1) The term ‘‘eligible entity’’ means an accredited school

of medicine or nursing with experience in the study or treatment of victims of a severe form of trafficking. (2) The term ‘‘eligible site’’ means a health center that is receiving assistance under section 330, 399Z–1, or 1001 of

the Public Health Service Act (42 U.S.C. 254b, 280h–5, and 300). (3) The term ‘‘health care professional’’ means a person employed by a health care provider who provides to patients

information (including information not related to medical treatment), scheduling, services, or referrals. (4) The term ‘‘HIPAA privacy and security law’’ has the meaning given to such term in section 3009 of the Public

Health Service Act (42 U.S.C. 300jj–19). (5) The term ‘‘victim of a severe form of trafficking’’ has the meaning given to such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 704. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

No additional funds are authorized to be appropriated to carry out this title, and this title shall be carried out using amounts otherwise available for such purpose.

TITLE VIII—BETTER RESPONSE FOR Ensuring a Better Response VICTIMS OF CHILD SEX TRAFFICKING for Victims of Child Sex Trafficking. SEC. 801. SHORT TITLE. 42 USC 5101 note. This title may be cited as the ‘‘Ensuring a Better Response for Victims of Child Sex Trafficking’’. SEC. 802. CAPTA AMENDMENTS. 42 USC 5106a note. (a) IN GENERAL.—The amendments to the Child Abuse Preven- Effective date. tion and Treatment Act (42 U.S.C. 5101 et seq.) made by this section shall take effect 2 years after the date of the enactment of this Act. (b) STATE PLANS.—Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended— (1) in subsection (b)(2)(B)— (A) in clause (xxii), by striking ‘‘and’’ at the end; and (B) by adding at the end the following: ‘‘(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 (10)); and

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‘‘(xxv) provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;’’; and (2) in subsection (d), by adding at the end the following: ‘‘(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).’’. (c) SPECIAL RULE.— (1) IN GENERAL.—Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended— (A) by striking ‘‘For purposes’’ and inserting the following: ‘‘(a) DEFINITIONS.—For purposes’’; and (B) by adding at the end the following: ‘‘(b) SPECIAL RULE.— ‘‘(1) IN GENERAL.—For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protec- tion Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. ‘‘(2) STATE OPTION.—Notwithstanding the definition of ‘child’ in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.’’. (2) CONFORMING AMENDMENT.—Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting ‘‘(including sexual abuse as determined under section 111)’’ after ‘‘sexual abuse or exploitation’’. (3) TECHNICAL CORRECTION.—Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended by striking ‘‘inhumane;’’ and inserting ‘‘inhumane.’’.

TITLE IX—ANTI-TRAFFICKING TRAIN- ING FOR DEPARTMENT OF HOME- LAND SECURITY PERSONNEL

6 USC 641. SEC. 901. DEFINITIONS. In this title: (1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Homeland Security. (2) HUMAN TRAFFICKING.—The term ‘‘human trafficking’’ means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

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(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security.

SEC. 902. TRAINING FOR DEPARTMENT PERSONNEL TO IDENTIFY 6 USC 642. HUMAN TRAFFICKING.

(a) IN GENERAL.—Not later than 180 days after the date of Deadline. the enactment of this Act, the Secretary shall implement a program to— (1) train and periodically retrain relevant Transportation Security Administration, U.S. Customs and Border Protection, and other Department personnel that the Secretary considers appropriate, with respect to how to effectively deter, detect, and disrupt human trafficking, and, where appropriate, inter- dict a suspected perpetrator of human trafficking, during the course of their primary roles and responsibilities; and (2) ensure that the personnel referred to in paragraph (1) regularly receive current information on matters related to the detection of human trafficking, including information that becomes available outside of the Department’s initial or periodic retraining schedule, to the extent relevant to their official duties and consistent with applicable information and privacy laws. (b) TRAINING DESCRIBED.—The training referred to in subsection (a) may be conducted through in-class or virtual learning capabilities, and shall include— (1) methods for identifying suspected victims of human trafficking and, where appropriate, perpetrators of human trafficking; r(2) fo appropriate personnel, methods to approach a suspected victim of human trafficking, where appropriate, in a manner that is sensitive to the suspected victim and is not likely to alert a suspected perpetrator of human trafficking; (3) training that is most appropriate for a particular location or environment in which the personnel receiving such training perform their official duties; (4) other topics determined by the Secretary to be appropriate; and (5) a post-training evaluation for personnel receiving the training. (c) TRAINING CURRICULUM REVIEW.—The Secretary shall annually reassess the training program established under subsection (a) to ensure it is consistent with current techniques, patterns, and trends associated with human trafficking.

SEC. 903. CERTIFICATION AND REPORT TO CONGRESS. 6 USC 643. (a) CERTIFICATION.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall certify to Congress that all personnel referred to in section 402(a) have successfully completed the training required under that section. (b) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall report to Congress with respect to the overall effectiveness of the program required by this title, the number of cases reported by Department personnel in which human trafficking was suspected, and, of those cases, the number of cases that were confirmed cases of human trafficking.

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6 USC 644. SEC. 904. ASSISTANCE TO NON-FEDERAL ENTITIES.

The Secretary may provide training curricula to any State, local, or tribal government or private organization to assist the

government or organization in establishing a program of training to identify human trafficking, upon request from the government or organization.

SEC. 905. EXPANDED USE OF DOMESTIC TRAFFICKING VICTIMS’ FUND.

Section 3014(e)(1) of title 18, United States Code, as added by section 101 of this Act, is amended— (1) in subparagraph (B), by striking ‘‘and’’ at the end;

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following:

‘‘(D) section 106 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17616).’’.

Human TITLE X—HUMAN TRAFFICKING SUR- Trafficking Survivors Relief VIVORS RELIEF AND EMPOWERMENT and Empowerment ACT Act of 2015. 42 USC 3711 SEC. 1001. SHORT TITLE. note. This title may be cited as the ‘‘Human Trafficking Survivors Relief and Empowerment Act of 2015’’. SEC. 1002. PROTECTIONS FOR HUMAN TRAFFICKING SURVIVORS. Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)), as amended by section 601 of this Act, is amended— (1) in paragraph (1), by striking ‘‘or’’ at the end; (2) in paragraph (2)(C), by striking the period at the end and inserting ‘‘; or’’; and (3) by inserting after paragraph (2) the following: ‘‘(3) from an applicant in a State that has in effect a law— ‘‘(A) that— ‘‘(i) provides a process by which an individual who is a human trafficking survivor can move to vacate any arrest or conviction records for a non-violent offense committed as a direct result of human trafficking, including prostitution or lewdness; ‘‘(ii) establishes a rebuttable presumption that any arrest or conviction of an individual for an offense associated with human trafficking is a result of being trafficked, if the individual— ‘‘(I) is a person granted nonimmigrant status pursuant to section 101(a)(15)(T)(i) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)); ‘‘(II) is the subject of a certification by the Secretary of Health and Human Services under section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)); or

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‘‘(III) has other similar documentation of trafficking, which has been issued by a Federal, State, or local agency; and ‘‘(iii) protects the identity of individuals who are human trafficking survivors in public and court records; and ‘‘(B) that does not require an individual who is a human trafficking survivor to provide official documentation as described in subclause (I), (II), or (III) of subparagraph (A)(ii) in order to receive protection under the law.’’.

Approved May 29, 2015.

LEGISLATIVE HISTORY—S. 178: CONGRESSIONAL RECORD, Vol. 161 (2015): Mar. 10–12, 16–19, Apr. 14, 16, 20–22, considered and passed Senate. May 18, 19, considered and passed House. Æ

Table of Contents

2013 State Ratings on Human Trafficking Laws ...... 1

Category Descriptions ...... 4

Sex Trafficking ...... 5

Labor Trafficking ...... 9

Asset Forfeiture for Human Trafficking ...... 14

Investigative Tools for Law Enforcement ...... 18

Training for Law Enforcement ...... 23

Human Trafficking Commission or Task Force ...... 26

Posting a Human Trafficking Hotline ...... 30

Safe Harbor – Protecting Sexually Exploited Minors ...... 33

Lower Burden of Proof for Sex Trafficking of Minors ...... 37

Victim Assistance ...... 39

Access to Civil Damages ...... 46

Vacating Convictions for Sex Trafficking Victims ...... 51

POLARIS PROJECT IS GRATEFUL TO LATHAM & WATKINS FOR SUPPORTING THE CREATION OF THIS REPORT.

www.polarisproject.org 1

August 2013 2

www.polarisproject.org 3

Category Descriptions

SEX TRAFFICKING: A statute that SAFE HARBOR – PROTECTING criminalizes sex trafficking and includes SEXUALLY EXPLOITED MINORS: elements of inducing another through force, A statute that recognizes sexually exploited fraud, or coercion to engage in a commercial individuals under 18 as victims of a crime in sex act. Some states have related laws in the need of protection and services by granting prostitution code and were given credit if they immunity from prosecution or diverting minors had the same criminal elements. from juvenile delinquency proceedings, and instead directing them to child welfare services. LABOR TRAFFICKING: A statute that In order to receive full credit, the state must creates the crime of labor trafficking or have provisions that relate to both immunity or trafficking in persons, in which a person is diversion and services for the child. compelled through force, fraud, or coercion into providing labor or services. LOWER BURDEN OF PROOF FOR SEX TRAFFICKING OF MINORS: A statute ASSET FORFEITURE FOR HUMAN that ensures that the elements of force, fraud, or TRAFFICKING: A statute that provides for coercion are not required for a trafficker to be the forfeiture of assets used in the course of the prosecuted for the sex trafficking of a minor. crime or acquired with proceeds from the crime This statute must be under the sex trafficking of human trafficking. section in order for the state to receive credit.

INVESTIGATIVE TOOLS FOR LAW VICTIM ASSISTANCE: A statute that ENFORCEMENT: A statute that amends provides assistance, mandates the creation of a existing Racketeering (RICO) statutes to include victim services plan, or funds programs to help the crime of human trafficking or authorizes the victims of human trafficking. Victim services use of wiretapping by law enforcement in and protection may include counseling, job human trafficking investigations. assistance, housing, continuing education, legal services, and/or a human trafficking caseworker TRAINING FOR LAW ENFORCEMENT: privilege. A statute that mandates or encourages law enforcement to be trained in human trafficking ACCESS TO CIVIL DAMAGES: A statute issues and the law. that provides victims of human trafficking with the ability to seek civil damages from their HUMAN TRAFFICKING COMMISSION traffickers. OR TASK FORCE: A statute that creates, establishes, or encourages a task force, VACATING CONVICTIONS FOR SEX commission or advisory committee dedicated to TRAFFICKING VICTIMS: A statute that addressing human trafficking. permits victims to have convictions for prostitution that were committed as a result of POSTING A HUMAN TRAFFICKING being trafficked vacated from their criminal HOTLINE: A statute that mandates or records. encourages the public posting of a human trafficking hotline, such as the National Human Trafficking Resource Center hotline or a state human trafficking hotline.

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Sex Trafficking

I. INTRODUCTION

Sex trafficking is one manifestation of modern-day slavery and exists where one person uses force, fraud, or coercion to compel another to engage in commercial sex acts, except where the individual is a minor, in which case force, fraud, or coercion need not be shown. Individuals can be convicted of sex trafficking if they either use force, fraud, or coercion to compel an adult to engage in commercial sex acts or if they benefit or help facilitate sex trafficking by any means. Individuals can also be convicted of sex trafficking by the mere inducement of a minor to engage in a commercial sex act. It is important that every state have laws explicitly criminalizing sex trafficking.

II. SEX TRAFFICKING UNDER FEDERAL LAW

The Trafficking Victims Protection Act of 2000 (TVPA) and its subsequent reauthorizations, is the primary federal trafficking law in the United States. The TVPA makes human trafficking a federal crime. It was enacted in response to global efforts to eradicate human trafficking for sex and labor. The laws strive to provide the three Ps: prevention, protection and prosecution.

Under the TVPA, if a trafficking crime results in death or if the crime includes kidnapping, an attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, the trafficker can be sentenced to life in prison. Traffickers who exploit children (under the age of 14) using force, fraud or coercion, for the purpose of sex trafficking also can be imprisoned for life. If the victim was a child between the age of 14 and 18 and the sex trafficking did not involve force, fraud, or coercion, the trafficker can receive up to 20 years in prison.

The TVPA also provides services and benefits to victims. For example, up to 5,000 victims a year can receive permanent resident status through the T Visa program under the Department of

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Homeland Security. Upon certification of their trafficking status, adult victims may have access to cash, medical assistance and social services. Minors are not required to be certified to receive these benefits. Other federal laws that focus on child exploitation or immigration laws touch on the issue as well; however the TVPA is the primary law in this realm.

III. SEX TRAFFICKING UNDER STATE LAW

Almost every state has criminalized sex trafficking in some form (the exceptions are Colorado and Pennsylvania). Most states define sex trafficking as a distinct crime; however, some states (e.g., Montana and New Hampshire) instead recognize it as another form of “labor” trafficking that ultimately involves the exploitation of “services.” While the specifics of state statutes vary, each such statute defines the nature of the crime—including what constitutes a commercial sex act and force, fraud or coercion; identifies which persons are subject to prosecution for their participation in such activity; and imposes fines and penalties, with varying degrees of severity. In addition, a growing number of states are adding protections for victims who are minors.

A. Commercial Sex Act Requirement

Much like the TVPA, state statutes typically define sex trafficking as the compulsion of a commercial sex act. “Commercial sex act” generally is defined to include prostitution, sexual servitude, or any sex act performed in exchange for something of value. In several states participating in pornography and stripping are considered commercial sexual acts for the purpose of the sex trafficking statute. A few states have broadened the scope of sex trafficking to include personal sexual servitude in the mail-order bride context. The commercial sex act requirement distinguishes sex trafficking from other crimes such as sexual assault or rape within a marriage. The former demands that a person profit from the sexual exploitation of another.

B. Force, Fraud or Coercion

States typically require proof of force, fraud, or coercion on the part of the perpetrator in sex trafficking cases. These terms are vague and subjective. They can be read narrowly—for example, to be limited to physical and objective coercion. Alternatively, they can be interpreted broadly to include the subtle means used by traffickers to manipulate their victims, such as non-physical coercion or forms specific to the gender, age, education level, personal history, disability, or culture of a victim. More specifically, methods of such subtle coercion may include: the confiscation of government identification documents or visas, threats of deportation, threats of harm to family members, withholding of necessities (e.g., food, clothes and shelter), damage to personal property, and threats to expose secrets and other forms of blackmail.

26 states—Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Missouri, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, Rhode Island, Texas, Utah, Virginia, Washington and Wisconsin—and the District of Columbia have enacted statutes that specifically define what constitutes force, threat or coercion in the context of sex trafficking. The relevant definitions typically use a broad approach, encompassing acts or omissions (or threats thereof) that, individually or collectively, could create a context of coercion. Minnesota has taken a different approach, and does not require proof of force, fraud, or coercion at all. Rather, the use by a perpetrator of physical

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force or threat is treated as an aggravating factor that could result in more severe fines or imprisonment.

C. Fines and Sentencing

While much of the language in state statutes is modeled on the TVPA, penalties available under state law often are less severe and potential services less expansive. The penalties specified in state sex trafficking statutes vary widely. For example, California provides for prison sentences of between 3 and 5 years in cases involving the sex trafficking of adults. By contrast, Montana’s statute provides for automatic life imprisonment for sex trafficking offenses. Most states, however, impose maximum sentences in the range of 10 to 20 years.

If the sex trafficking involves a minor or is otherwise aggravated (e.g., by physical injury or death of the victim), punishments are more severe. For example, a perpetrator convicted of the sex trafficking of a minor in Missouri may face life imprisonment, with the possibility of parole only after 25 years have been served. Other states—including Michigan, Montana, New Jersey, Vermont, and Virginia—also permit life imprisonment in such cases.

States generally permit the imposition of monetary fines in addition to, or in lieu of, imprisonment where deemed appropriate. The maximum fines permitted in most states range from $10,000 to $50,000 for the sex trafficking of an adult, with higher fines permitted for aggravated cases of sex trafficking or the sex trafficking of a minor. Vermont’s statute stands out, as it permits maximum fines of $500,000, which may be increased to $600,000 with aggravating factors. By contrast, Maryland imposes a maximum fine of $5,000 for adult sex trafficking, which is increased to $15,000 for sex trafficking of minors.

Another penalty is asset forfeiture, which is discussed in greater detail in Thematic Report 3a.

D. Treatment of Minors

Sex trafficking victims who are minors often have additional protections afforded to them by the state however, the scope of protection varies. The term “minor” is defined differently across states for purposes of sex trafficking. The requirements to convict a perpetrator of the offense vary as well. In some cases, trafficking a minor is considered to be a distinct offense, for example. In others it is simply an aggravating factor that affects sentencing.

To illustrate, compare New Mexico’s statute, which has harsher penalties when victims are younger than 16 or 13 years old, to Illinois, which provides the added protection for all victims under 18. Illinois also has an option for aggravated punishment for trafficking victims 17 and younger. In 2012, Alaska became the first state to not require proof of force, fraud, or coercion in cases where the victim is less than 20 years of age. In that instance, the vulnerabilities of all teenagers, including those that have reached the age of majority, was considered in determining that it was necessary to afford greater protection to this unique population.

E. Other Sex Trafficking Actors

29 states and the District of Columbia have enacted statutes that specifically subject those who facilitate sex trafficking to the same punishment as those who use direct force or coercion to compel commercial sex acts. The term “facilitator” may include those who recruit, harbor, transport, www.polarisproject.org 7

provide, or obtain victims for the purpose of commercial sexual exploitation. It also includes those who benefit (financially or by receiving anything of value) from participating in a venture that has engaged in sex trafficking. The states with strong facilitator laws are Arkansas, Arizona, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont, and Washington.

By contrast, Alabama, Alaska, Hawaii, Kentucky, Nebraska, Nevada, South Dakota, and Virginia impose lesser penalties on facilitators. In Alaska, for example, human trafficking is treated as a Class A felony whereas facilitating human trafficking is treated as a Class B felony. In the Polaris Project Model Law, we distinguish between involuntary servitude which is a Class A felony aimed at those who use force, fraud, or coercion to compel someone to engage in a commercial sex act and human trafficking which is a Class B felony and is aimed at those who facilitate or benefit from the involuntary sexual servitude of another.

IV. CONCLUSION

Sex trafficking represents a serious violation of human rights. It is a form of a modern-day slavery that has yet to be eradicated in the 21st century. While the TVPA is far-reaching and most states have adopted statutes criminalizing the crime, such acts are only a start. The laws could be much more expansive and consistent. Polaris Project will continue to advocate for the adoption and implementation of improvements, and invites all interested parties to join our efforts to eradicate this grave human rights abuse and serious crime.

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Labor Trafficking

I. INTRODUCTION

Labor trafficking is one manifestation of modern-day slavery and exists where one person uses force, fraud, or coercion to compel another to engage in labor or services. Individuals can be convicted of labor trafficking if they either use forceful or coercive means to obtain labor or services or if they benefit or help facilitate labor trafficking by any means. It is important that every state have laws explicitly criminalizing labor trafficking.

II. LABOR TRAFFICKING UNDER FEDERAL LAW

The TVPA was enacted in 2000 in response to global efforts to eradicate human trafficking for labor and sex. The TVPA makes human trafficking a federal crime, and focuses on the prevention of human trafficking, the protection of victims, and the prosecution of traffickers. Prevention measures include the authorization of educational and public awareness programs. Protection and assistance for victims include making housing, educational, healthcare, job training, and other federally-funded social service programs available to victims of human trafficking. The TVPA also establishes the T Visa, which enables victims of human trafficking to become temporary residents of the United States. And, to assist with prosecuting traffickers, the TVPA creates law enforcement tools to strengthen the prosecution and punishment of traffickers by making human trafficking a federal crime with harsh penalties. For example, a trafficker could be sentenced to life in prison if the crime results in death or if the crime includes attempted or completed kidnapping, attempted or completed aggravated sexual abuse, or an attempt to kill.

Other relevant federal legislation includes the Migrant and Seasonal Agricultural Worker Protection Act of 1983 (“MSAWPA”), which was created specifically to protect agricultural workers from exploitation. The MSAWPA requires farm labor contractors and each of their workers who will be performing farm labor contractor activities to obtain certificates of registration from the U.S.

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Department of Labor before work begins. The MSAWPA also requires that information regarding wages, hours, working conditions, and housing be provided in writing, and that, if provided, housing and transportation meet safety and health standards.

The U.S. Government also has ratified 14 of the ILO’s Conventions. These include Convention No. 105 on the Abolition of Forced Labor (ratified in 1991) and No. 182 on the Elimination of the Worst Forms of Child Labor (ratified in 1999).

III. LABOR TRAFFICKING UNDER STATE LAW

Notwithstanding the existence of the statutes discussed above, federal efforts to combat labor trafficking face significant obstacles that limit their effectiveness. While labor trafficking frequently involves the interstate or international recruitment and transportation of victims, once victims have reached their ultimate destination they often are enslaved in a localized area. For this reason, the identification of labor trafficking victims normally is more effectively handled by local law enforcement officers during routine inspections and investigations, as well as through local tips and surveillance of local businesses.

Simply stated, state and local enforcement officers are in a better position to detect instances of labor trafficking, and to assist victims post-adjudication through local non-governmental organizations and follow-up medical and psychological care and education. Consequently, while the criminalization of labor trafficking under federal law is helpful, similar legislation under state law is critical.

Every state has enacted a statute criminalizing labor trafficking in some form. While the specifics vary, each statute: (i) defines the nature of the crime—including what constitutes labor or involuntary servitude, as well as (ii) defines force, fraud or coercion; (iii) identifies which persons are subject to prosecution for their participation in such activity; and (iv) imposes fines and penalties, with varying degrees of severity.

A. “Labor” Requirement

Many states—including Alabama Alaska, Arizona, California, Connecticut, Florida, Indiana, Maine, Nevada, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee and Virginia—have enacted statutes defining labor trafficking as trafficking for the purpose of exploiting a person’s “labor or services” or “work” under threats, violence, or coercion. The term coercion is meant to be kept fairly broad and includes both physical as well as psychological harm to better enable law enforcement and prosecutors to target a broad range of actors who are obtaining forced labor.

While some states have attempted to define terms like “work” or “services,” such definitions do not necessarily serve a limiting function. For example, Oregon defines “services” as “activities performed by one person under the supervision or for the benefit of another person”—a definition that covers a vast array of conduct. That said, other states—including Arkansas, Iowa, Maryland, Michigan, Minnesota, Missouri, New Hampshire, North Carolina, North Dakota, Utah, West Virginia, and Wisconsin, among others—have enacted statutes that define, with greater specificity, conduct that would satisfy the “labor” element—e.g., involuntary servitude, peonage, debt bondage, slavery, marriage, and even adoption.

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Ideally, state laws would recognize that a person may be a victim of labor trafficking despite the fact that he or she is paid for his or her labor. Colorado has explicitly recognized this fact by defining “involuntary servitude” to include servitude in exchange for compensation as long as such servitude is coerced.

B. Force, Fraud or Coercion

States typically have defined labor trafficking to require elements of force, fraud, or coercion. In some state statutes, these terms are vague, and could be read narrowly—for example, so as to exclude non-physical coercion or forms of coercion specific to the gender, age, education level, personal history, or culture of a victim.

For example, in United States v. Kozminski,1 a case decided prior to the enactment of the TVPA, the U.S. Supreme Court found that a federal statute on involuntary servitude, 18 U.S.C. § 1584, should be narrowly read, absent a broader definition provided by Congress. As a result, the statute was interpreted to criminalize servitude brought about only through use or threatened use of physical restraint, physical injury, or legal coercion. Such interpretation excludes other conduct that can have the same purpose and effect, including non-physical forms of coercion such as psychological coercion of vulnerable individuals. In Kozminski, this narrow interpretation resulted in no convictions under the statute for defendants who were found with two mentally challenged men laboring on their farm in poor health, in squalid conditions, and in relative isolation from the rest of society, working seven days a week, often 17 hour days, for little to no pay.

Conversely, in some states, these terms are evolving to fit the subtle means often used by traffickers. Such statutes take the trafficking victim’s particular vulnerability into consideration by viewing the force, fraud and/or coercion not from the perspective of a “reasonable person,” but from the particular subjective experience of a trafficking victim in the same or similar circumstances.

29 states—Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Missouri, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, Rhode Island, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, as well as the District of Columbia, provide additional guidance on what would constitute force, fraud, deception, or coercion in the context of labor trafficking. The relevant definitions typically encompass not only physical restraint or physical harm, but also various acts or omissions (or threats thereof) that, individually or collectively, could create a context of coercion. Such acts or omissions include: the confiscation of government identification documents or visas, threats of deportation, threats of harm to family members, withholding of necessities (e.g., food, clothes, and shelter), damage to personal property, and threats to expose secrets and other forms of blackmail.

The more expansive use of the term “coercion” is in harmony with federal law, which has adopted a broad interpretation of the criminal elements of forced labor. For example, the federal statute making forced labor a crime defines the term “serious harm,” as “any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background

1 United States v. Kozminski,487 U.S. 931 (1988). www.polarisproject.org 11

and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.”2

C. Other Labor Trafficking Actors

The federal TVPA criminalizes not only the acquisition of a person for labor or services, but also the recruitment, transportation, harboring and provision of that person. In other words, those who facilitate labor trafficking and/or financially benefit from such conduct may be just as legally culpable as those who benefit directly from the labor of victims. Most states—including Arkansas, Arizona, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Washington, Wisconsin, and the District of Columbia—have adopted a similar approach in their statutes.

In contrast, some states—including Alabama, Alaska, Hawaii, Kentucky, Nebraska, Nevada, South Dakota, and Virginia—impose weaker penalties on those who financially benefit from human trafficking offenses, as compared to primary perpetrators.

D. Fines and Sentencing

While much of the language in state statutes is modeled on the TVPA, penalties available under state law often are less severe than those available under the TVPA (which permits the imposition of fines and/or maximum prison sentences of 20 years). The penalties specified in state labor trafficking statutes vary widely.

For example, California provides for prison sentences of only between 5 and 12 years in cases involving the labor trafficking of adults. At the other end of the spectrum, New Jersey’s statute provides for life imprisonment for labor trafficking offenses. Most states, though, impose maximum sentences in the range of 10 to 20 years.

States generally permit the imposition of monetary fines in addition to, or in lieu of, imprisonment where deemed appropriate. The maximum fines permitted in most states range from $10,000 to $50,000 for the labor trafficking of an adult, with higher fines permitted for aggravated cases of labor trafficking or the labor trafficking of a minor. Vermont’s statute stands out, as it permits maximum fines of $500,000, which may be increased to $600,000 with aggravating factors, including the sex trafficking of a minor. In contrast, Maryland imposes a maximum fine of $5,000 where the value of lost wages exceeds $500, and $500 if the value of lost wages is less than that amount.

Asset forfeiture also may be available. For more information regarding this topic, please see Polaris Project’s Thematic Report No. 3a on Asset Forfeiture.

IV. CONCLUSION

Slavery was abolished in the United States in 1865 by the 13th Amendment to the U.S. Constitution. However, modern-day slavery has yet to be eradicated in the 21st Century. Labor trafficking

2 18 U.S.C. § 1589(c)(2). For example, the District of Columbia has adopted this definition of “serious harm” with regards to coercion. See D.C. Code Section 22-1831.

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represents a serious violation of human rights. While every state has adopted a statute criminalizing labor trafficking in at least some form, some have done a better job than others. Even a cursory review of state statutes reveals that there is much room for improvement. Polaris Project will continue to advocate for the adoption and implementation of such improvements, and invites all interested parties to join our efforts to eradicate this grave human rights abuse and serious crime.

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Asset Forfeiture for Human Trafficking

I. INTRODUCTION

Asset forfeiture enhances the deterrent value of incarceration by allowing the state to seize the ill gotten gains of traffickers, as well as property they used to facilitate the crime. In addition to deterring perpetrators, asset forfeiture laws also provide an avenue for victims to actually receive court-ordered restitution as a result of their trafficking situation. States should enact asset forfeiture laws to prevent traffickers from profiting from their crime and allow victims to actually recover from their restitution orders.

II. ASSET FORFEITURE UNDER FEDERAL LAW

The federal Trafficking Victims Protection Act (TVPA), enacted in 2000, provides for mandatory asset forfeiture where a person is convicted of a human trafficking offense. The 2008 amendments to the TVPA significantly strengthened its financial provisions to ensure that financial gains from criminal activity are disgorged. The amended TVPA states that the following are subject to forfeiture and no property right shall exist in them for the trafficker:

• Any property, real or personal, used or intended to be used to commit or to facilitate the commission of the trafficking or related crimes; and

• Any property, real or personal, which constitutes or is derived from proceeds traceable to the trafficking or related crimes.

Assets forfeited under the amended TVPA are no longer directed to the U.S. Treasury; instead, the assets are paid to the trafficking victims through a “restoration and remission” process.

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Courts have ordered the forfeiture of assets using these provisions of the TVPA in several dozen human trafficking cases. For example, in United States v. Sabhnani, the Federal District Court for the Eastern District of New York convicted a married couple of two counts each of forced labor and other counts for conspiring to harbor in their home two domestic servants whom they couple brought to the United States illegally from Indonesia.3 The jury found that the defendants conspired to and did hold the two women in peonage, keeping their travel documents, and forcing them to perform household chores while depriving them of sufficient food and proper living quarters. The court sentenced one defendant to 40 months’ imprisonment plus three years of supervised release thereafter, and ordered him to pay a $12,500 fine and a $1,200 special assessment. It sentenced the other defendant to 132 months’ imprisonment plus three years of supervised release thereafter, and ordered a payment of a $25,000 fine and a $1,200 special assessment. The court also required both defendants to pay $936,546 in restitution to the victims, and to forfeit their ownership interests in their home, where they held the victims.

Similarly, in United States v. Kaufman, the District Court for the District of Kansas found that husband and wife defendants violated federal forced labor and involuntary servitude statutes.4 The couple claimed to run a home and farm for the chronically mentally ill, and billed Medicare and the residents’ families for therapy. However, over a period of more than 15 years, the defendants had directed the residents to perform sexually explicit acts and farm labor in the nude, sometimes videotaping them. The husband was sentenced to 360 months and the wife to 84 months in prison. The jury further found that the couple should forfeit $85,188 for their fraud crimes and the houses and the farm used to facilitated the offenses.

Another example of asset forfeiture is seen in United States v. Lewis.5 In that case, a federal grand jury indicted a defendant for sex trafficking of minors by force, fraud, or coercion, and interstate transportation of minors for purposes of prostitution. The defendant pled guilty to four counts of sex trafficking of children, admitting that for more than two years he prostituted four girls beginning when they were each 12, 13, 14, and 16 years old. In his plea agreement, the defendant acknowledged that the court would impose mandatory restitution for the full amount of the victims’ compensable losses (ranging from $680,590 to $1,215,000 per victim), and would impose mandatory forfeiture of any proceeds that he obtained as a result of his offenses, including a money judgment. The prosecution then sought forfeiture of two cars, a pistol, miscellaneous knives, a collection of antique coins, and $462 in currency, for a total value of $949,355. The court also sentenced the defendant to 240 months of incarceration followed by a lifetime of supervised release.

III. ASSET FORFEITURE UNDER STATE LAW

While asset forfeiture is a valuable tool under the TVPA, it is not one that can be used by the federal government to combat human trafficking in all cases. Federal law enforcement officials are limited in their ability to prosecute perpetrators at the state and local level, both for jurisdictional and practical reasons. Moreover, state and local law enforcement officers often are in a better position to combat human trafficking given its localized nature.

3 United States v. Sabhnani, 539 F. Supp. 2d 617, 2008 U.S. Dist. LEXIS 22593 (E.D.N.Y., 2008). See also United States v. Sabhnani, 599 F.3d 215 (2nd Cir. 2010) (affirming forfeiture of property). 4 United States v. Kaufman, 546 F.3d 1242 (10th Cir. 2008). 5 United States v. Lewis, 791 F. Supp. 81 (D.D.C. 2011). www.polarisproject.org 15

36 states and the District of Columbia have enacted statutory provisions allowing courts to seize the assets of those found guilty of human trafficking offenses: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Washington. While the exact language of these statutes varies, the relevant provisions can be grouped into a few broad categories.

A. States Permitting Forfeiture Only of the Proceeds of Human Trafficking

Six states—Alabama, Indiana, Michigan, Minnesota, North Carolina, and Rhode Island—have enacted statutes allowing forfeiture only of the proceeds of human trafficking. These statutes generally also permit the forfeiture of real and personal property purchased using such proceeds. For example, Alabama’s statute provides that a perpetrator “shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking . . . .”

To date, there is no published court opinion applying any of these forfeiture statutes in the human trafficking context. However, where used effectively, these asset forfeiture provisions should limit the ability of human traffickers to profit from their illicit activities. Moreover, these provisions can redirect the substantial profits from human trafficking to victim relief and law enforcement efforts, where they can do significant good. That said, these provisions may be of limited deterrent value, as perpetrators may be willing to risk a mere loss of profits—particularly if they are left in a position to “try again” with existing operational assets.

B. States Permitting Forfeiture Only of Assets Used in the Commission of Human Trafficking Offenses

A handful of states, including Arkansas, Colorado, Florida, Louisiana, Maryland, Mississippi, and New Hampshire, allow forfeiture only of assets used in the commission of human trafficking offenses (e.g., real estate and land used to house and vehicles used to transport human trafficking victims). For example, New Hampshire’s statute permits the forfeiture of all materials, products, equipment, property interests, moneys, coin, currency, negotiable instruments, securities, other investments, books, records, ledgers, research materials, and real property used in the commission of human trafficking offenses.

To date, there is no published court opinion applying any of these forfeiture statutes in the human trafficking context. However, where used effectively, these asset forfeiture provisions should undermine the ongoing operations of human trafficking networks. Moreover, the proceeds from the sale of seized assets can be used to fund victim relief and law enforcement efforts. However, if the profits from the trafficker’s crimes are sufficiently large and left in the hands of the traffickers, they could be used to replace seized assets and/or reconfigure network operations.

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C. States Permitting Forfeiture of the Proceeds of Human Trafficking and Assets Used to Commit Human Trafficking Offenses

21 states and the District of Columbia allow the forfeiture of both the proceeds of human trafficking and the assets used to commit human trafficking offenses. These states are: Alaska, Connecticut, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Massachusetts, Missouri, Nevada, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, and Washington. Where used effectively, these provisions can be used to both: (i) limit the ability of human traffickers to profit from their illicit activities; and (ii) undermine the ongoing operations of human trafficking networks. Notably, the statutes in certain states do not cover all types of human trafficking offenses.

These statutes have rarely been applied to date within the human trafficking context, but have been very effective when applied. For example, in 2010 a Pennsylvania court ordered forfeiture of $134,682 in seized currency, a Toyota Highlander, and the contents of two bank accounts after a defendant pled guilty to forced labor charges relating to two trafficking victims she helped enter the United States from Vietnam in 2000 to work in her nail salon without remuneration.6

D. States that Have Not Enacted Any Provision Permitting Asset Forfeiture in Cases of Human Trafficking

14 states have not enacted any provision permitting asset forfeiture in cases of human trafficking. These states are: Arizona, Delaware, Montana, Nebraska, New Mexico, New York, North Dakota, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

IV. CONCLUSION

Asset forfeiture statutes provide states with a valuable mechanism for combating human trafficking. This is true regardless of the specifics of any given state statute. That said, statutes that permit the seizure of both the proceeds, as well as assets used in the commission of human trafficking offenses, offer the greatest flexibility to courts and law enforcement officials. States are encouraged to examine their asset forfeiture schema and to adopt the most effective form to address the low-risk, high-profit nature of human trafficking. Polaris Project will continue to advocate for the adoption and implementation of such statutes, and invites all interested parties to join these efforts.

6 Phan v. Bureau of Prof'l & Occupational Affairs, 2012 Pa. Commw. Unpub. LEXIS 318 (Pa. Commw. Ct. May 7, 2012) www.polarisproject.org 17

Investigative Tools for Law Enforcement

I. INTRODUCTION

Investigative tools such as the use of wiretapping and including human trafficking within state RICO statutes exponentially increases law enforcements ability to investigate, disrupt, and dismantle sophisticated trafficking networks. Traffickers have become adept at working in secrecy and sometimes have multiple actors performing different tasks that help keep victims in their trafficking situation. Whether it is taking down an individual trafficker or organized crime, gangs, and criminal syndicates that have increasingly turned to human trafficking to make a profit, states must enact legislation that gives law enforcement investigative tools that will make it easier for them to successfully investigate traffickers.

II. RICO STATUTES

Human trafficking networks often extend beyond the specific group of individuals targeted by human trafficking laws, and can include accountants, investors, financiers, security guards, drivers, and customers who know that illegal activity is happening but who do not engage in the activities covered by state human trafficking laws. In such cases, law enforcement must use alternative methods to ensure their ability to bring down the entire network or gang.

One particularly powerful tool for accomplishing this objective is a statute that targets so-called “racketeer influenced corrupt organizations,” commonly referred to as a RICO statute.7 RICO

7 States may also employ criminal gang offenses statutes, rather than RICO statutes, to target human trafficking networks. For example, an Idaho statute includes human trafficking as a definition of “pattern of criminal gang activity.”

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statutes typically provide harsher penalties and asset forfeiture for crimes that qualify as “racketeering activity” and are committed as part of a larger criminal enterprise. Racketeering activities may include committing, attempting to commit, conspiring to commit, soliciting, coercing, or intimidating another person to commit a specified crime.

Statutes that establish human trafficking offenses as predicate “racketeering” activities for RICO purposes allow law enforcement officials to use the flexibility and broad powers conferred by the RICO statute to pursue perpetrators. For example, RICO conspiracy provisions allow prosecutors to charge an individual who knew about or participated in the trafficking enterprise even if he or she did not commit acts sufficient to trigger the direct application of the human trafficking law. Moreover, the increased penalties available under the RICO statute allow:

• Courts to impose additional jail time for racketeering crimes;

• Prosecutors to seek the forfeiture of assets resulting from the racketeering activity as well as from the criminal enterprise itself; and

• Victims to bring civil actions against the criminal enterprise for the injuries suffered.

The penalties available under RICO statutes make engaging in human trafficking a riskier endeavor than it would be under human trafficking laws alone.

A. The Federal RICO Statute as an Investigative Tool

The federal Racketeer Influenced and Corrupt Organizations Act (commonly referred to as the “RICO Act”) provides for enhanced penalties for human trafficking and other criminal acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and, among other things, allows the prosecution of the leaders of a syndicate for the crimes of their subordinates.

The RICO Act has been used effectively to prosecute human traffickers and to impose significant prison time and high restitution orders. In the first federal case in which labor trafficking was charged as part of a RICO Act conspiracy, Abrorkhodja Askarkhodjaev, a Uzbek national, was sentenced in May 2011 to 12 years in prison, three years of supervised released, and payment of restitution of $172,000 in addition to restitution for harm caused by other aspects of his criminal enterprise.8 Askarkhodjaev led a multinational criminal enterprise that arranged for the recruitment and exploitation of at least dozens of workers from Jamaica, the Dominican Republic, the Philippines, and elsewhere. These workers were held in overcrowded apartments and forced to work in service and hospitality jobs in more than a dozen states. The members of the criminal enterprise withheld much of the workers’ earnings, and threatened them with deportation and financial penalties if they did not comply with demands. Co-defendants were convicted of various activities, including racketeering, racketeering conspiracy, wire fraud, and fraud in foreign labor contracting. They were sentenced to between 21 months and 60 months in prison.

8 See Department of Justice, Justice News: Uzbek Man Sentenced for Role in Multi-National Racketeering and Forced Labor Enterprise, May 9, 2011, available at http://www.justice.gov/opa/pr/2011/May/11-crt-589.html. www.polarisproject.org 19

In United States v. Pipkins, the RICO Act was used to prosecute 15 pimps in Atlanta, Georgia, for engaging in the sex trafficking of minors.9 One defendant, Pipkins, was found guilty of conspiring to participate in a juvenile prostitution enterprise affecting interstate commerce through a pattern of racketeering activity. He also was found guilty of enticing juveniles to engage in prostitution, using interstate facilities to carry on prostitution, extortion, involuntary servitude, transfer of false identification documents, and distributing marijuana and cocaine to minors. Pipkins was sentenced to a total of 30 years of imprisonment.

In United States v. Ibrahim, a married couple was prosecuted under the RICO Act for holding a girl in a state of domestic servitude for twenty months, beginning when she was only ten years old. The couple was found to have fraudulently obtained a visa for the Egyptian girl to come to the United States, where they held her in a section of their garage from 2000 to 2002 and forced her to work 16 hour days as a domestic servant while threatening and physically abusing her. When the girl was discovered and the couple was questioned by the FBI and Immigration and Customs Enforcement, the husband defendant attempted to justify the arrangement by showing the agents the handwritten, notarized contract he and the girl’s parents had signed stating that she would work for the defendants for ten years for a stipend to her parents of $30 a month. The defendants were charged with conspiracy, compelling involuntary servitude, obtaining labor of another person unlawfully, and harboring an alien. Under the terms of a plea deal with federal prosecutors, the husband and wife were sentenced to three years and 22 months in prison, respectively. The couple also was ordered to pay the girl $76,137, and both were deported to Egypt upon release.

B. State RICO Statutes as Investigative Tools

More than half of states have enacted RICO statutes that treat human trafficking as a predicate “racketeering” activity or criminal offense sufficient to sustain a conviction under such statutes. These states include: Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Wisconsin.

Some state RICO statutes include human trafficking, but only to a limited extent. For example, Minnesota’s RICO statute treats sex trafficking—but not other types of human trafficking—as sufficient to sustain a conviction under the statute. Similarly, Rhode Island’s RICO statute is implicated only in cases of “child exploitation for commercial or immoral purposes”—a category that certainly could encompass sex trafficking of minors.

To date, there is no published court opinion discussing the application of a state RICO statute in the human trafficking context.

The remaining 17 states and the District of Columbia do not treat human trafficking of any kind as predicate “racketeering” activity under the state RICO statute. These states include: Alabama, Alaska, Arizona, the District of Columbia, Iowa, Kansas, Maine, Missouri, Montana, New Hampshire, New Mexico, South Carolina, South Dakota, Texas, Vermont, Washington, West Virginia, and Wyoming.

9 U.S. v. Pipkins, D.C. Docket No. 01-00074 CR-1-1 (11th Cir. Aug. 2, 2004).

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III. WIRETAPPING AUTHORITY

Telecommunications networks are increasingly ubiquitous, and have dramatically lowered the costs of conducting business both within a given organization and with external parties. Unfortunately, not all uses of these networks are benevolent; often, they facilitate the ability of criminals such as human traffickers to operate effectively, even across great distances. Moreover, these telecommunications networks permit criminals to complete transactions without ever meeting in the open, making it more difficult for law enforcement officials to detect and gather evidence with respect to criminal activity.

Statutes that authorize law enforcement officials to utilize wiretapping, or other forms of electronic interception, can transform such telecommunications networks from assets into liabilities for the perpetrators of human trafficking offenses. Using such interceptions, law enforcement officers can gather evidence without being in direct contact with the perpetrators and, many times, without the perpetrators knowing that they are under surveillance. Among other benefits, this reduces the risk of harm to law enforcement officers.

A. Wiretapping as an Investigative Tool under Federal Law

The Federal Wiretap Act was enacted in 1968 and expanded in 1986. The Act establishes procedures through which courts can authorize the real-time surveillance of electronic communications (including telephone calls and data transmissions) during criminal investigations. Federal law enforcement officers may request authorization to conduct such surveillance only when investigating specific categories of crime enumerated in the Act. The Act does not explicitly cover labor trafficking offenses, but does cover sex trafficking and related crimes involving children, conspiracy to harm persons or property overseas, passport fraud, and interstate and foreign travel or transportation in aid of racketeering enterprises.

The Federal Wiretap Act has been employed to help investigate, prosecute, and convict traffickers. For example, the FBI and the Vice Division of the Houston Police Department began investigating several individuals in 2005, resulting in charges of conspiracy; sex trafficking by force, fraud, or coercion; transportation; sex trafficking of children, transportation of minors; and coercion and enticement.10 The Houston Vice Division police officers obtained wiretap evidence when one victim made numerous telephone calls to one of the defendants during a sting operation where an undercover officer arranged a “sex date” with the victim.

Similarly, in United States v. Williams, wiretap evidence was used to convict a defendant of taking part in a prostitution ring involving adolescent girls and young women.11 Specifically, the defendant was convicted of conspiracy to transport, coerce and entice women to travel interstate for prostitution, and to engage in interstate travel in aid of racketeering; interstate travel in aid of racketeering; sex trafficking; and transport of a minor for prostitution. The wiretap provided evidence of the defendant providing counseling to, and planning with, multiple co-conspirators.

10 United States v. Butler, 477 Fed. Appx. 217 (5th Cir. 2012). 11 United States v. Williams, 428 Fed. Appx. 134 (3rd Cir. 2011). www.polarisproject.org 21

B. Wiretapping as an Investigative Tool under State Law

At least 14 states have enacted statutes authorizing law enforcement personnel to intercept electronic communications in the course of investigating human trafficking offenses, with a duly authorized court order. These states include: Arizona, Arkansas, Connecticut, Florida, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maryland, New York, Texas, Washington, and Wisconsin. Generally, these states have enacted statutes that enumerate a list of offenses, including human trafficking offenses, for which interceptions may be authorized. Florida, Illinois, and Indiana permit the use of interceptions in cases of human trafficking broadly defined, including both sex and labor trafficking. Hawaii and New York restrict the use of interceptions to cases of labor trafficking— although the underlying labor trafficking statutes could be read to encompass some forms of sex trafficking as well. In contrast, Washington restricts the use of interceptions to cases involving the commercial sexual abuse of a minor.

Arizona has enacted a statute authorizing the use of wiretapping and similar techniques in investigating any type of criminal activity.

To date, there is no published court opinion discussing the application of a state statute permitting wiretapping in the human trafficking context.

IV. CONCLUSION

RICO statutes and wiretapping authority are valuable tools that can assist law enforcement officers in overcoming the special challenges inherent in the investigation of human trafficking offenses. While many states have now leveraged their RICO statutes to facilitate the prosecution of human trafficking offenses, a large number of states have not yet taken this step. Moreover, only a handful of states have authorized the use of wiretaps and other forms of electronic interception to assist the investigation of human trafficking offenses. Thus, there is much room for reform and improvement. Polaris Project stands ready to assist policymakers in passing and implementing these investigative tools at the state level.

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Training for Law Enforcement

V. INTRODUCTION

It is of critical importance that law enforcement officers receive training on how to identify victims of human trafficking and investigate trafficking cases. In order to effectively implement human trafficking laws passed by the state legislature, law enforcement officers must be trained on how to use them.

VI. TRAINING UNDER FEDERAL LAW

The federal Trafficking Victims Protection Act (TVPA) includes provisions related to training. Specifically, the TVPA directs the Department of Justice (DOJ) and Department of State (DOS) to develop internal programs to train appropriate personnel in identifying victims of severe forms of trafficking and providing for the protection of such victims. The DOJ (through the Bureau of Justice Assistance) has developed programs for federal, state, and local law enforcement, courts, health service providers, and crime prevention personnel. Similar programs have been developed by the Department of Homeland Security and the DOS.

VII. TRAINING UNDER STATE LAW

A little more than half of all states have enacted statutes requiring or encouraging law enforcement personnel to receive training regarding human trafficking-related matters. While the specifics vary, the approaches taken by these states can be grouped into the following: (i) states that require human trafficking awareness training and define specific curricula by statute, (ii) states that require training without defining specific curricula by statute, (iii) states that permit but do not require human

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trafficking awareness training and (iv) states that have failed to enact any statutory provision with respect to human trafficking awareness training.

A. States that Require Human Trafficking Awareness Training and Define Specific Training Curricula by Statute

Twelve states—Arkansas, California, Georgia, Indiana, Kentucky, Minnesota, Nebraska, Nevada, New Jersey, New York, Ohio, and Wyoming—have enacted statutes: (i) requiring that a state agency or task force train law enforcement personnel with respect to human trafficking-related matters and (ii) specifying topics to be covered in the course of such training.

Typical of this approach is Indiana’s statute, which requires that law enforcement personnel receive training with respect to: (i) human and sexual trafficking laws; (ii) identification of human and sexual trafficking (iii) communicating with traumatized persons; (iv) therapeutically appropriate investigative techniques; (v) collaboration with federal law enforcement officials; rights of and protections afforded to victims; (vi) the provision of documentation satisfying federal legal requirements; and (vii) community resources available to assist human and sexual trafficking victims. Arkansas, California, Georgia, Nebraska, and Ohio have adopted similar approaches.

Minnesota also has established a detailed curriculum for training about trafficking-related matters, but goes further in two important respects. First, Minnesota requires state officials to develop training curricula in light of human trafficking data collected in the state. Second, such data must be used to inform not only law enforcement training, but also a public awareness campaign (i.e., “training” for the general public).

New Jersey and Kentucky are slightly less inclusive as their statutes limit training requirements to police and attorneys, respectively. However, New Jersey does define the topics to be covered to include items such as response procedures and best practices when conducting investigations. Similarly, Kentucky encourages training on topics related to services, referrals and protocol for dealing with child trafficking victims.

B. States that Require Human Trafficking Awareness Training, Without Defining Specific Training Curricula by Statute

Nine states—Connecticut, Florida, Iowa, Missouri, New Mexico, Texas, Washington, Alaska, and Mississippi —have enacted statutes that require a state agency or task force to train law enforcement personnel with respect to human trafficking-related matters, but that do not identify specific topics to be covered in the course of such training. Instead, the relevant state agency or task force is afforded discretion to develop a program that it deems appropriate. Mississippi, for example, allocates money from the Relief of Victims of Human Trafficking Fund specifically to training purposes.

The approach of these states provides greater flexibility in crafting their training curricula— particularly as new issues arise or new approaches become available. However, it is unclear whether such flexibility would be precluded by the more specific statutes enacted in states like Indiana. Such statutes tend to identify general topics to be covered, but do not provide an exhaustive list of subtopics to be covered, nor do they exclude coverage of additional topics or mandate how time and training resources must be allocated between them.

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C. States that Permit But Do Not Require Human Trafficking Awareness Training

Eight states—Idaho, Kansas, Massachusetts, North Carolina, Oregon, South Carolina, Virginia, and West Virginia—have enacted laws permitting, but not requiring, a state agency or task force to train law enforcement personnel with respect to human trafficking-related matters. For example, Massachusetts’ statute provides that the relevant state agency “may, subject to appropriation, contract with non-governmental organizations or entities with experience working with sexually exploited children to train law enforcement officials likely to encounter sexually exploited children in the course of their law enforcement duties.” Many states are sensitive to creating unfunded mandates by requiring training, which may be one reason for their more permissive laws. New York requires an interagency task force to evaluate the effectiveness of training programs on human trafficking and make recommendations for improving the quality and effectiveness of such programs without guaranteeing that these recommendations will be implemented.

These states acknowledge the potential value of human trafficking training. However, they should be closely monitored to determine whether they are implementing these laws. Indeed, officials in these states could choose to forego training in favor of competing priorities without running afoul of any state legal requirement. Where that decision is made, law enforcement is in no better position than their counterparts in states that have failed to enact any statutory provision at all with respect to training.

D. States that Have Failed to Enact Any Statutory Provision with Respect to Human Trafficking Awareness Training

Many states and the District of Columbia have failed to enact any statutory provision with respect to human trafficking awareness training. These states are: Alabama, Arizona, Colorado, Delaware, Hawaii, Illinois, Louisiana, Maine, Maryland, Michigan, Montana, New Hampshire, New Jersey, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, and Wisconsin. This does not necessarily mean that training is unavailable in these states, however. Indeed, training programs may have been implemented by agencies on their own initiative (without explicit statutory direction), or through non-profit organizations. That said there is no substitute for the official imprimatur of state law, which not only signals a state’s lasting commitment to training initiatives, but also provides a measure of protection against the vicissitudes of the political and budgetary process.

VIII. CONCLUSION

Training has the potential to play an important role in state efforts to combat human trafficking. Polaris Project, though its National Training and Technical Assistance Program (NTTAP), stands ready to assist states in implementing and institutionalizing their anti-trafficking efforts.

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Human Trafficking

Commission or Task Force

I. INTRODUCTION

Human trafficking commissions or task forces are indispensable tools for states seeking to end human trafficking. Commissions and task forces create the space for a coordinated, multi-agency response to trafficking, and usually include members representing law enforcement, prosecutors, victim service providers, survivors, and relevant state agencies like Social Services, Education, Agriculture, Labor and Industry, and Public Safety. Coordinated efforts through human trafficking task forces has resulted in better victim service responses, coordinated law enforcement strategies, and greater public awareness to prevent human trafficking.

II. THE TASK FORCE CONCEPT UNDER FEDERAL LAW

The seminal federal law on human trafficking, the Trafficking Victims Protection Act of 2000 (TVPA), established the President’s Interagency Task Force to Monitor and Combat Trafficking (PITF)—a cabinet-level entity that coordinates federal anti-trafficking efforts. It is chaired by the Secretary of State and includes representatives from a number of other executive agencies. The task force meets annually.

The TVPA charges the PITF with: (i) coordinating the implementation of the TVPA; (ii) evaluating progress in the U.S. and abroad in combating human trafficking and assisting victims; (iii) expanding interagency procedures to collect and organize data; (iv) engaging in efforts to facilitate international cooperation in combating human trafficking; (v) examining 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; (vi) engaging in consultation and advocacy with governmental and NGOs, among

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other entities, to advance the purposes of the TVPA; and (vii) reporting to Congress on progress in such efforts.

In addition, the Bureau of Justice Assistance (BJA) and Office for Victims of Crime (OVC)— divisions of the Department of Justice—have created a joint program that provides funding for task forces in 25 states and American territories. Recently, the BJA and OVC revised the funding model to the Enhanced Collaborative Model to Combat Human Trafficking. The goals of the new model are to: (i) conduct proactive investigations of sex trafficking and labor trafficking crimes within each task force location in coordination and collaboration with local, state, tribal, regional, and federal law enforcement and regulatory agencies; (ii) identify victims of all forms of human trafficking within each task force site and offer a comprehensive array of restorative services to meet each victim’s individualized needs; and (iii) enhance community capacity to identify and report trafficking crimes by conducting training, public awareness, and outreach activities. Similarly, the Department of Health and Human Services, though the Administration for Children and Families, has implemented the Campaign to Rescue & Restore Victims of Human Trafficking, which funds coalitions against human trafficking in 32 states and Puerto Rico.

III. THE TASK FORCE CONCEPT UNDER STATE LAW

Only 20 states—Arkansas, Colorado, Connecticut, Kansas, Louisiana, Massachusetts, Mississippi, Nebraska, New Mexico, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, and Washington—have enacted statutes that create or provide for state task forces (or similar bodies) to address human trafficking-related issues. These statutes typically prescribe the mandatory and voluntary duties of the task force, as well as its membership. The substantive mandates of these state task forces vary, but tend to fall into the following categories: (i) evaluation and formulation of recommendations with respect to human trafficking issues; (ii) coordination of law enforcement efforts; (iii) coordination of social services and outreach; (iv) coordination of data collection and analysis; and (v) non-statutory task forces. Still, some states merely appoint a person or body to coordinate efforts without providing additional guidance. For example, Mississippi’s short provision creates a human trafficking coordinator position in the Attorney General’s office, but provides no further direction.

A. Evaluation and Formulation of Recommendations With Respect to Human Trafficking Issues

Several states have created task forces designed to evaluate human trafficking-related issues and formulate state-specific recommendations to better address them. For example, Louisiana’s statute creates the “Human Trafficking of Minors Study Group” in order to study and make recommendations to the legislature on how to eliminate trafficking of minors in Louisiana. Similarly, New York has directed its task force to consult with government organizations and NGOs to discover ways to strengthen state and local efforts to prevent trafficking, protect and assist victims and prosecute traffickers. Other states that focused on developing policy recommendations through their task forces include Arkansas, Connecticut, Massachusetts, Nebraska, New Jersey, North Carolina, Pennsylvania, Tennessee, and Washington.

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B. Coordination of Law Enforcement Efforts

The coordination of law enforcement efforts is one of the most important responsibilities of state task forces. Utah’s law creates a “strike force,” which is directed by statute to focus its efforts on detecting, investigating, deterring, and eradicating violent and other major felony criminal activity related to illegal immigration and human trafficking. New York’s task force has a broader mandate, with responsibilities that include: (i) coordinating with other bodies to strengthen state and local efforts to prevent trafficking; (ii) establishing interagency protocols and collaboration between federal, state, and local law enforcement; and (iii) evaluating the effectiveness of training programs on human trafficking that have been designed for law enforcement personnel. Similarly, the Texas legislature has directed its task force to work with U.S. attorneys and agents from the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Immigration and Customs Enforcement Agency, and the Department of Homeland Security. Kansas recently established an advisory board with representatives from 16 different agencies, bodies or organizations to take charge the state’s human trafficking efforts. New Mexico, North Carolina, and several other states have task forces focusing on law enforcement as well.

C. Coordination of Social Services and Outreach

Many states direct their task forces to work to improve the provision of social services to human trafficking victims. For example, Vermont’s statute authorizes the creation of a task force to assist social service providers, victim service providers, and several other agencies and NGOs to develop a statewide protocol for providing services to Vermont trafficking victims. The task force may contract with third parties for the provision of victim services such as: (i) case management; (ii) emergency temporary housing; (iii) health care; (iv) mental health counseling; (v) drug addiction screening and treatment; (vi) language interpretation and translation services; (vii) English language instruction; (viii) job training and placement assistance; (ix) post-employment services for job retention; and (x) immigration services. Massachusetts charges its task force with evaluating whether existing health, education, job training and legal services and facilities meet the needs of victims of human trafficking. The task force also must review approaches to increase public awareness about human trafficking. New Jersey has established a Human Trafficking Survivor’s Fund and directs the Attorney General to consult with the state’s task force before deciding which service providers to allocate the funds. Other states calling for social service coordination include Connecticut, Louisiana, and Texas.

D. Coordination of Data Collection and Analysis

The collection, analysis, and dissemination of data regarding human trafficking are also vital responsibilities of state task forces. In New York, for example, a task force collects and organizes data on the nature and extent of trafficking to evaluate progress in meeting the state’s anti-trafficking goals. Similarly, Texas has directed its task force to collect and periodically publish statistical data on the nature and extent of human trafficking in the state. Massachusetts’ task force must coordinate the collection and sharing of human trafficking data among government agencies. South Carolina also has formed a task force dedicated to the collection and dissemination of information on human trafficking. Colorado requires a commission to submit a report of its findings on human trafficking prosecutions and convictions to the House and Senate Judiciary Committees by January 1, 2014.

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E. Non-Statutory Task Forces

In addition to the statutory task forces discussed in previous sections, many states have established “ad hoc” task forces to address human trafficking-related issues. Typically, these groups are formed at the instigation of one or more state agencies, as opposed to the legislature. They may lack the same level of permanence and resource commitment enjoyed by statutorily authorized task forces; however, this is not always the case—particularly for those task forces that have acquired an independent funding stream. Still, a task force statute still holds value in states where legislative direction, not the availability of funding, dictates the work of the task force.

IV. CONCLUSION

Task forces are valuable tools that can be used to coordinate and mobilize statewide efforts to combat human trafficking and assist its many victims. While non-statutory, “ad hoc” task forces also play a valuable role, they lack the official imprimatur conferred by legislation, and are more vulnerable to the vicissitudes of state politics and budgetary cycles. By contrast, the creation of a task force by statute can serve to underscore and safeguard a state’s long-term commitment to improving the formulation and implementation of human trafficking-related policies and procedures. Polaris Project stands ready to assist policymakers in establishing or enhancing the operation of task forces at the state level.

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Posting a Human Trafficking Hotline

I. INTRODUCTION

Hotlines such as the National Human Trafficking Resource Center hotline (NHTRC) are valuable tools for providing law enforcement with critical information related to trafficking cases and assisting victims escape from their traffickers. Since 2007, the NHTRC hotline has fielded over 80,000 calls, identified over 9,000 potential victims of trafficking, and sent over 3,500 tips to local, state, and federal law enforcement agencies which have resulted in the successful arrest and prosecution of traffickers. States that have enacted NHTRC hotline posting laws have given victims a lifeline to help and increased the chances that traffickers will be apprehended by law enforcement officials.

II. THE HOTLINE CONCEPT AT THE FEDERAL LEVEL

The NHTRC hotline is supported and copyrighted by the U.S. Department of Health and Human Services (HHS). Polaris Project receives funding from HHS to operate the hotline for the U.S. government and to provide vital resources to law enforcement, service providers, community members, and human trafficking victims across the country. The hotline is maintained and operated 24 hours a day, 7 days a week, 365 days a year and is accessible in over 170 languages.

The NHTRC hotline has connected thousands of human trafficking victims to crucial support services. Its call volume has increased steadily each year from a couple hundred calls in 2007 to over 20,000 in 2012. This dramatic success is due, in part, to state legislation incentivizing or mandating the display of posters and other materials relating to the hotline at locations where victims are likely

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to see them. The NHTRC hotline posters lead to higher call volumes and greater access to services for victims. They also serve as an investigative and prosecutorial resource for law enforcement.

The U.S. Congress mandated that people entering the United States under valid work visas be provided information on their legal rights, including information relating to the NHTRC hotline. More specifically, the U.S. Department of State (DOS) published a pamphlet entitled “Are You Coming to the United States Temporarily to Work or Study?” This pamphlet advises new entrants as follows:

“If you believe your rights are being violated, the hotlines listed in this pamphlet can help you reach local organizations that can provide further assistance. Do not be afraid to contact these organizations! They are here to help you.”

Federal agencies, including DOS and HHS, also publicize the existence of the hotline through a variety of publications and on their respective websites. Specifically, the HHS Rescue and Restore campaign and the Department of Homeland Security (DHS) Blue Campaign—both designed to combat human trafficking—reference the NHTRC hotline. The White House also publicizes the NHTRC hotline number on its website in order to help raise awareness and fight human trafficking.

III. THE HOTLINE CONCEPT AT THE STATE LEVEL

A. State Requirements to Post Information about the NHTRC Hotline

22 states have enacted legislation providing for the posting of information about state or national hotlines, including the NHTRC hotline. Evidence suggests that mandatory posting of the NHTRC hotline increases call volume, which in turn leads to more tips. In 2007, Texas became the first state to mandate posting of the NHTRC hotline in outfits with liquor licenses and lodging establishments cited for nuisance violations. Today, more than 35,000 establishments in Texas post materials relating to the hotline and it is now one of the states from which the NHTRC hotline receives the most calls.

Notably, in most states the majority of callers learn about the NHTRC hotline online. In contrast, in Texas callers most often report learning about the hotline by seeing posters. This suggests that the NHTRC hotline posting laws work and can have a tangible impact in helping to successfully identify victims of trafficking and facilitate their escape from their trafficking situations.

Since 2007, the following states have followed Texas’ lead: Alabama, Arkansas, California, Connecticut, Georgia, Hawaii, Kansas, Mississippi, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Jersey, Ohio, Oklahoma, Pennsylvania, Vermont, Virginia, and Washington. The majority of these states require the creation of a poster containing specific information about the NHTRC hotline—including its toll-free telephone number, 24/7 operating schedule, confidential nature, and the availability of translators. Indeed, the statutes enacted by Alabama, Arkansas, California, Georgia, Hawaii, Kansas, Louisiana, Maryland, Montana, Ohio, Pennsylvania, and Vermont include detailed descriptive language that must be posted. Nebraska and Virginia have delegated to state officials the task of developing such language, while Washington’s weaker statute provides only that state officials may work with victim advocates to develop language to be included in a hotline poster.

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Only Alabama, Arkansas, California, Connecticut, Georgia, Hawaii, Louisiana, Maryland, Pennsylvania, Texas, and Virginia require that certain establishments post hotline information. Typically, such a law extends to establishments likely to be frequented by victims of human trafficking or those with whom they have contact (e.g., bars, hotels found to be prostitution and drug nuisances, strip clubs, rest stops, bus depots and train stations). Maryland, for example, requires postings in all truck and rest stops as well as lodging establishments where arrests led to convictions for prostitution, solicitation of a minor, or human trafficking. Similarly, Alabama, Georgia, and Pennsylvania require all strip clubs, truck and rest stops, airports, train stations, bus stations, hotels and personal service establishments cited as nuisances for prostitution, and some with a wine, beer, or liquor licenses, to display NHTRC information in English and Spanish. Other states rely on the willingness of business owners to post information about the NHTRC hotline voluntarily—an approach that may be of limited value where a business owner himself or herself is engaged in human trafficking activity.

B. States That Do Not Have Posting Requirements Yet Do Have Legislation About Hotlines

Three states—Minnesota, Tennessee, and Oklahoma—have not established any requirement with respect to the posting of hotline information. However, these states have enacted legislation addressing the creation of state human trafficking hotlines. Minnesota’s statute requires the state to contract with a non-profit entity to ensure the provision of hotline services, and demands that the hotline offer language interpreters, screen trafficking victims and provide appropriate referrals to attorneys and victims’ services organizations. Similarly, Tennessee’s law requires the state bureau of investigation to establish a law enforcement-run hotline and encourages certain establishments to post the hotline. Oklahoma’s statute merely provides that the state may create such a hotline if it wishes to do so. Mississippi simply creates a human trafficking coordinator who is responsible for promoting public awareness about services, including national hotline information. It does not specifically require any posting of information about NHTRC.

IV. CONCLUSION

Statutes mandating or incentivizing the display of posters and other informational material relating to the NHTRC hotline is extremely effective in increasing visibility and awareness of the hotline. Despite the success of NHTRC posting statutes and their indispensability to prosecutors and law enforcement, the vast majority of states still have not enacted NHTRC posting statutes. Expanding the implementation of the NHTRC hotline posting laws to these states is a critical component in providing vital services to victims and an invaluable resource for law enforcement in the fight against human trafficking. Polaris Project stands ready to continue its analysis of hotline data from NHTRC and around the world and to assist policymakers in drafting and implementing hotline legislation at the state level.

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Safe Harbor – Protecting Sexually Exploited Minors

I. INTRODUCTION

Children that have been induced or forced to engage in commercial sex are the victims of abuse, but because prostitution generally is illegal these victims are at risk of being prosecuted. When their activities are discovered they often face incarceration or detention, and are left without access to child services or victim assistance programs. Lawmakers can alleviate the harm caused to child victims who are criminalized by adopting “safe harbor” laws for minors who have been exploited through prostitution. Such legal protections should: (i) define trafficked and commercially sexually exploited children as victims of abuse and neglect, triggering a child protective response; and (ii) grant immunity from prosecution for prostitution-related offenses for any person under 18 and establish the use of safe houses as an alternative means to house these children, rather than juvenile detention; or (iii) divert arrested children from juvenile delinquency proceedings to child protection proceedings where they will have access to specialized services.

II. “SAFE HARBOR” PROVISIONS UNDER FEDERAL LAW

The federal Trafficking Victims Protection Act (TVPA)—the principal federal statute addressing human trafficking-related issues—treats those coerced into participating in commercial sex activities as victims, even if they have engaged in criminal activity. Notably, the TVPA affords these victims access to social and protective services, including medical care and safe housing.

The federal government more generally has recognized sexually exploited children—those that have third-party pimps or controllers, as well as those who do not–—as victims of a crime. Chris www.polarisproject.org 33

Swecker, Assistant Director in the Criminal Investigation Division of the FBI, described the federal law enforcement position on children exploited through prostitution as follows:

“Children can never consent to prostitution. It is always exploitation.”

It is critical that state laws are in parity with federal laws and the federal government’s view that children who are engaged in prostitution are victims of exploitation.

III. “SAFE HARBOR” PROVISIONS UNDER STATE LAW

Only 18 states—Arkansas, Connecticut, Florida, Illinois, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New York, North Carolina, Ohio, Tennessee, Vermont, and Washington—have enacted statutes providing some measure of safe harbor protection to minor victims of human trafficking and commercial sexual exploitation. These statutes vary in scope as described in detail below.

A. Age-Based Immunization from Prosecution

Most state safe harbor laws define what a “minor” is by specifying a maximum age under which a victim will be treated differently. Such provisions reflect the presumption that minors who have participated in criminal activity have been exploited and sexually abused.

Illinois, Nebraska, and Tennessee have enacted the most protective statutes in this regard. All state statutes provide prosecutorial immunity to anyone under the age of 18 who has engaged in prostitution-related offenses. In Illinois, an officer must refer any such case to the Illinois Department of Children and Family Services as soon as he realizes that a person charged with prostitution is a minor. In Tennessee, the officer must provide the minor with the telephone number for the National Human Trafficking Resource Center hotline and then release the victim into the custody of his or her parent or legal guardian.

Connecticut prohibits the prosecution of minors under the age of 15 engaged in prostitution- related offenses, a less protective approach than that described above. With respect to 16- and 17-year-olds, Connecticut has adopted a rebuttable presumption that such minors were coerced into prostitution—and thus lack the mens rea necessary to support a finding of criminal culpability.

Other states treat age as an important factor in evaluating prostitution-related activity or creating certain presumptions, but do not provide complete immunity to minors. For example, in Minnesota and New York children under the age of 16 who are engaged in or have engaged in commercial sex acts are eligible to participate in conditional diversion programs (discussed in section II.B) rather than automatic immunity. In Kansas, when a law enforcement officer reasonably believes a person under 18 is a victim of human trafficking or otherwise being exploited sexually, he must take him or her into protective custody and deliver the child to a staff secure facility—the minor will not be placed in a juvenile detention facility in such cases. Louisiana presumes that a child under the age of 18 who has engage in commercial sex acts is a victim in need of appropriate care and services. Arkansas’ law simply recognizes that the criminal justice system is inappropriate for sexually exploited children—defined as persons

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under the age of 18—and states that they should be diverted toward welfare, crisis and housing services whenever possible. Michigan’s law reflects the bare minimum—rather than create a safe harbor law, it simply states that a person who solicits prostitution must be 16 years of age or older to be guilty of a crime.

While Texas has not enacted a statute providing a safe harbor to exploited children that have engaged in prostitution, one has been established by case law. The Texas Supreme Court has held that a child under the age of 14 may not be charged with prostitution because, under statutory rape laws, children may not legally consent to sex. This ruling represents a victory for child trafficking victim advocates. That said, children aged 14 and older remain completely vulnerable in Texas to prosecution for prostitution-related offenses.

B. Conditional Diversion

The ideal safe harbor law would completely protect any minor who is engaged in prostitution; however, most state statutes that provide some measure of protection to minors seek to divert them from prosecution if certain conditions are satisfied. For example, in Ohio, diversion is available if the minor first completes “diversion actions” (e.g., treatment) established by a court. In such a case, the court will dismiss and expunge the underlying criminal charge. In Massachusetts, a child who engages in prostitution-related acts is recognized under the law as a “sexually exploited child” eligible to participate in certain diversion programs and entitled to access to an advocate. Once the minor completes certain court-ordered programs, the criminal charges will be dismissed. In Kansas, the court may direct a child to be held in protective custody upon verified application that the child has been subjected to human trafficking or commercial sexual exploitation.

In other states, diversion programs may be unavailable to a minor that is a prior offender. New York’s statute allows diversion in such cases—at the discretion of the sitting judge—but does not require such diversion. Similarly, Washington permits the prosecutor to determine whether diversion is appropriate in a given case. In Louisiana, a child may be diverted to specialized services upon petition if the commercial sex act charge is his or her first offense. If it’s not a first offense, however, whether or not to continue with a delinquency proceeding with be within the discretion of the district attorney. Vermont’s statute provides even greater discretion to the state, establishing that it may divert any minor defendant into a Child In Need of Supervision program, despite the fact that children are granted immunity from prosecution under the state’s criminal statutes.

C. Funding

Several states with safe harbor laws do not provide for funding for services for child trafficking victims. Arkansas, Florida, Illinois, Kansas, Kentucky, Louisiana, and Washington, however, do include such provisions, which could serve as models for other states. Illinois and Washington create steep fees for impounding the cars of “Johns” who have been arrested for solicitation. In Illinois, the John will be charged $1,000 to reclaim his car, $500 of which will be deposited into the Violent Crime Victims Assistance Fund and used to provide services to victims. In Washington, the safe harbor statute creates a $2,500 fine for impounding vehicles (a recent jump from $500) to provide funds for a prostitution prevention and intervention account. All those

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convicted of trafficking children for sexual purposes in Louisiana will be required to pay $2,000 in addition to any other fines or penalties. Florida takes a broader approach, fining all Johns $5,000 for violating prostitution laws, whether their cars were impounded or not. Approximately $4,500 of that fee will be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Family Services for the sole purpose of funding safe houses and services. Arkansas provides that any person who pays for sexual activity or engages in sexual solicitation must—in addition to his or her sentence—pay $250 that will be deposited into the Safe Harbor Fund for Sexually Exploited Children.

IV. CONCLUSION

The reality is that most of the country has failed to recognize that children who are engaged in acts of prostitution and related activities are victims, and not criminals. As a result, many minors are left at the mercy of the criminal justice system, without access to critical social services. Polaris Project stands ready to assist policymakers to develop and implement fulsome “safe harbor” laws to ensure that children receive the protection and assistance that they need and deserve.

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Lower Burden of Proof for Sex Trafficking of Minors

I. INTRODUCTION

Requiring prosecutors to show that force, fraud, or coercion has been used to compel a child to perform a commercial sex act makes it more difficult for the state to obtain a conviction against the trafficker and is incongruent with the notion that children are unable to consent to commercial sexual activity. By eliminating the need to prove force, fraud, or coercion in cases involving the sex trafficking of minors, it will be easier for states to successfully prosecute traffickers and protect children within their borders.

II. THE BURDEN OF PROOF UNDER FEDERAL LAW

The Trafficking Victims Protection Act (TVPA), enacted in 2000 and amended in 2003, 2005, 2008, and 2013, defines the sex trafficking of a victim aged 18 years or younger as a “severe form of trafficking,” and provides that in such cases the prosecution need not establish that a perpetrator compelled the victim’s participation through force, fraud or coercion. The TVPA reasons that because minors lack the capacity to consent to sexual activity, any commercial sex act involving a minor is per se coerced. The TVPA does not adopt the same approach with respect to minors who are victims of labor trafficking. In such cases, the prosecution must prove that the child was forced to work under threat of serious harm or physical restraint, or threatened with as much.

III. THE BURDEN OF PROOF UNDER STATE LAW

42 states and the District of Columbia have enacted statutes providing for a lower burden of proof in cases of sex trafficking involving minors. These states include: Alabama, Alaska, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, www.polarisproject.org 37

Montana, Nevada, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. The statutes in each of these states criminalize the trafficking of a minor with the intent to cause the minor to engage in a commercial sex act—regardless of whether the child was forced, defrauded, or coerced into performing that act. Other states may have statutes with lower burdens that are found within their prostitution or promoting prostitution statutes— especially those that deal with the exploitation of minors.

In 2012, Indiana amended their sex trafficking statute to eliminate the criminal elements of force, fraud, or coercion for minors ahead of the 2011 Super bowl, which subsequently resulted in the prosecution of a pimp who was exploiting a 15 year old girl. Prosecutors noted that had it not been for this law, they would not have been able to successfully prosecute the trafficker.

Some states—including Alabama, Alaska, Florida, Louisiana, Minnesota, Missouri, North Dakota, Rhode Island and Texas—also have enacted statutes explicitly providing that the prosecution need not establish that a perpetrator had actual knowledge of a minor’s age in order to be convicted of the sex trafficking of a minor. In Alabama, for example, actual knowledge of the minor victim’s age is not required and a reasonable mistake in estimating the age of a victim is not a defense. Similarly, Missouri’s statute provides that a perpetrator’s lack of actual knowledge of a victim’s age is not an affirmative defense.

IV. CONCLUSION

Statutes establishing a lower burden of proof in cases involving the sex trafficking of minors protect these victims from further trauma, while also harmonizing human trafficking statutes with statutory rape laws and the underlying diminished capacity of minors. These laws also make it easier for law enforcement and prosecutors to target those who engage in the sex trafficking of minors. Polaris Project stands ready to assist other policymakers in enhancing and implementing such statutes at the state level.

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Victim Assistance

I. INTRODUCTION

In order to have a comprehensive and effective legal framework to combat human trafficking, state legislature’s need to enact legislation that assists victims in recovery and provides them with services such as counseling, housing, educational and vocational training, and medical and legal assistance. By providing such services, states are giving victims the best possible chance of recovering from their trafficking situation. Both the federal government and states can help to ensure the availability of funding for victim assistance programs, as well as coordinate the delivery of services through the creation of victim assistance plans.

II. VICTIM ASSISTANCE UNDER FEDERAL LAW

The United States federal government provides assistance to victims both directly and indirectly by funding state, local, and tribal programs.

A. The Trafficking Victims Protection Act

Under the federal Trafficking Victims Protection Act (“TVPA”), enacted in 2000 and amended on several subsequent occasions, the U.S. Department of Health and Human Services (“HHS”) is authorized to grant federal and state benefits to foreign victims of human trafficking. The HHS may grant such benefits to foreign victims to the same extent that such benefits are available to refugees admitted to the United States. Certification and Eligibility Letters—which facilitate access to the benefits—are issued to victims of trafficking by the HHS Office of Refugee Resettlement (“ORR”). ORR also provides funding for services to foreign victims of trafficking and potential victims in the United States. The ORR National Human Trafficking Victim Assistance Program funds comprehensive case management for foreign victims of trafficking and potential victims in the United States seeking HHS/ORR certification throughout the country.

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In 2008, the TVPA was amended to correct a “service gap” between domestic trafficking victims (U.S. citizens and Lawful Permanent Residents “LPRs”) and foreign national trafficking victims. Under prior versions of the TVPA, domestic victims were not provided specialized services that were offered to foreign national victims, even when the victims were subject to the same human rights violations. The 2008 reauthorization of the TVPA directed HHS to, within one year of the reauthorization’s being signed into law, submit a report to Congress regarding the service gap, with the aim of identifying and ending the gap and providing justification for appropriations to fund all TVPA-authorized programs for domestic and foreign national victims. While there is authorization for funding for U.S. citizens and LPRs, as of the release of this report, no money has been appropriated for this program. Thus, the gap in services remains.

B. The Crimes Victims Fund

The federal government also assists victims of human trafficking through the Office of Victims of Crime (“OVC”), which is part of the U.S. Department of Justice. The OVC was established in 1988 through an amendment to the Victims of Crime Act of 1984 (“VOCA”), and is charged with administering the Crime Victims Fund (the “Fund”). The Fund, which is financed by fines and penalties paid by convicted federal offenders, reached a balance of more than $8 billion as of September 30, 2012. The OVC provides grants and set-asides to federal, state, and tribal assistance programs to support a wide variety of services and programs that help victims deal with the immediate aftermath of crimes against them and with rebuilding their lives in the longer term.

C. The Justice Assistance Grant Program

The Edward Byrne Memorial12 Justice Assistance Grant (“JAG”) Program is administered by the Bureau of Justice Assistance (another part of the U.S. Department of Justice) and is the leading source of federal justice funding to state and local governments. The JAG Program provides state, local, and tribal governments with funding to support programs for crime victim and witness initiatives, law enforcement, prosecution, courts, crime prevention and education, corrections, drug treatment and enforcement, planning, evaluation, and technology improvement.

Crime victim and witness protection programs receiving grants from the JAG Program provide activities including legal, medical, counseling, advocacy, or educational services to crime victims. The programs also offer training through instruction and distribution of training materials appropriate for crime victims and/or witnesses.

III. VICTIM ASSISTANCE UNDER STATE LAW

More than half of all states, as well as the District of Columbia, have enacted statutes that target assistance to victims of human trafficking. These states include Arkansas, California, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, and Wyoming. Each of these states has enacted a statute that addresses one

12 The JAG Program is named after Police Officer Byrne, who was killed at the age of 22 by a violent drug gang in New York City while guarding the home of a witness who had agreed to testify in court against local drug dealers.

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or more of the following topics, which are critical to a victim’s ability to adjust to life after trafficking: (i) living assistance; (ii) educational and employment services; (iii) immigration and citizenship services; (iv) certification and documentation; (v) funding; and (vi) caseworker privilege. Furthermore, some states have enacted statutes that implement plans for future assistance.

Additionally, several states—including Alabama, Arizona, Hawaii, Idaho, Illinois, Indiana, Iowa, Missouri, New Hampshire, Pennsylvania, Tennessee, and Wyoming—have enacted statutes that facilitate restitution for victims of human trafficking. While these statutes may not provide specific services or funds to victims, they still provide valuable assistance by allowing courts to order offenders to pay restitution to victims.

A. Living Assistance

Most states that provide assistance to victims of human trafficking provide at least some form of living assistance. These state statutes provide a diverse range of benefits, with varying levels of financial and administrative support from the state. Some of these benefits include:

Financial assistance. Several states—including California, Florida, Georgia, Illinois, Iowa, Minnesota, New Mexico, South Carolina, Texas, and Virginia— provide direct financial assistance to trafficking victims. New Jersey’s statute limits financial assistance to victims who have suffered personal injury. Other states, such as Massachusetts, Missouri, North Carolina, and New York, provide financial assistance indirectly by giving funds to local non-profit organizations and/or community-based programs, which then provide funds to victims.

Medical services. A number of states have enacted statutes that facilitate the provision of physical and/or psychological medical services to victims of human trafficking. These states include: Florida, Minnesota, New Jersey, North Carolina, Oklahoma, Virginia, and Washington. It is worth noting that California recently expanded its statute to provide voluntary tattoo removal services to victims who were tattooed for identification purposes in trafficking or prostitution. State statutes vary with regard to when and how medical services are provided. For example, New Mexico provides medical services including mental health counseling. Missouri provides medical benefits, but only indirectly by funding local non-profit and community-based centers, which then provide such services to trafficking victims.

Assistance securing housing and/or food. Several states, including Florida, Ohio, Oklahoma, South Carolina, Virginia, and Washington, help victims to secure food and/or housing, sometimes through shelters. Missouri and Texas provide such benefits indirectly by providing funds to local non-profit and community-based centers, while New Mexico provides such benefits only until federal assistance is made available to victims.

Legal services. Some states provide for or coordinate the delivery of various legal services to trafficking victims. For example, Minnesota has enacted a statute instructing state officials to recommend a plan that would coordinate legal and other services. Oklahoma’s statute expressly states that human trafficking victims should be given access to legal assistance, information about their rights, and translation services, as necessary. And the New Mexico statute entitles victims to case management and legal assistance services.

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Protection from traffickers. A number of states have enacted laws that are meant to provide additional protections to trafficking victims. For example, Indiana passed a statute that aims to ensure that the names and identifying information of victims and victims’ families are not disclosed to the public. Similarly, South Carolina’s statute punishes, by fine and/or imprisonment, persons who publish, disseminate, or otherwise disclose the location of a trafficking victim or trafficking shelter without authorization. Furthermore, South Carolina requires that trafficking shelters post signs stating that trespass is forbidden. A Vermont statute also allows victims to enter into an address confidentiality program run by the Secretary of State. And a Wyoming statute provides that, in the prosecution of a human trafficking offense, the police and prosecuting agencies must keep the identity of the victim and the victim’s family confidential, and the prosecutor must take reasonable steps to protect the victim and his or her family from being revictimized.

Family reunification. An important but rarely-supplied service is assistance locating and reuniting with family members. Tennessee’s statute offers such assistance.

In addition to enumerating the availability of the benefits described above, some state statutes discuss the logistics of how such assistance is provided and accessed. A number of states—such as Connecticut, Georgia, Missouri, North Carolina, Ohio, Tennessee, Texas, Virginia, and Washington—have enacted statutes providing for coordination among various state departments to improve the success of victim assistance programs. For example, Connecticut’s statute provides for a “coordinated response system” to assist victims. Similarly, Georgia has tasked its Criminal Justice Coordinating Council with coordinating the activities of “various law enforcement agencies, the courts, and social service delivery agencies.”

Furthermore, Nebraska enacted a statute establishing a task force within the Nebraska Commission on Law Enforcement and Criminal Justice to investigate and study human trafficking, the methods for advertising human trafficking services, and the victimization of individuals coerced to participate in human trafficking. Part of the tasks force’s mission is to research and recommend a model of rehabilitative services for victims of human trafficking that includes input from the areas of law enforcement, social services, the legal profession, the judiciary, mental health, and immigration.

B. Educational and Employment Services

Many states offer various educational and employment services to victims of human trafficking, including the following:

Employment and/or educational services for victims. Several states provide job placement, job training, job retention, and/or educational services to trafficking victims to help them achieve stable and independent lives. These states include: California, Florida, Minnesota, New Mexico, Ohio, and Washington.

Access to Information about traffickers. Many victims of human trafficking fear for their safety or that of their family members, even after their traffickers have been arrested. As a result, several states have enacted laws that facilitate the provision to victims of information about the status of legal proceedings against their traffickers. For example, Georgia, New Jersey, and North Carolina have enacted statutes that provide victims with access to information about a trafficker’s possible pretrial release, and/or educate victims about their rights and roles in the state criminal justice process. Such provisions help to empower victims of human trafficking offenses.

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Education about rights and benefits. A number of states—including New Jersey, North Carolina, Oregon, Tennessee, Texas, and Virginia—have enacted statutes providing for victims of human trafficking to be informed about benefits available through the state or through community-based centers, and/or their rights under the state legal system. For example, a Texas statute provides for the creation of a searchable database to include assistance and grant programs.

Public awareness. Several states—including Connecticut, Missouri, Ohio, Tennessee, and Texas— disseminate information to various state agencies and/or their state legal systems regarding the rights of, and ways to assist, victims of human trafficking. Some states also focus on disseminating information to local centers and organizations to improve their public services. Other states, such as Florida, Virginia, and Washington, work to educate the general public to raise awareness about human trafficking with the hope of protecting potential victims, identifying current victims, and providing assistance to freed victims. Interestingly, Mississippi law creates a specific position of a statewide human trafficking coordinator within the Attorney General’s office, whose duties include collecting data on human trafficking and promoting public awareness about human trafficking, among other duties.

C. Immigration and Citizenship Services

A number of state statutes provide services related to the immigration and/or citizenship status of victims of human trafficking. Many victims enter the United States without identifying legal documentation, which may prevent them from being eligible for federal or state benefits and protections. Approximately a dozen states have enacted statutes to address this issue.

For example, California, Florida, and Missouri have enacted statutes establishing that non-citizen victims of human trafficking are entitled to receive the same benefits and services as refugees. Similarly, Iowa, New Mexico, and North Carolina have enacted statutes providing victims of human trafficking with the same rights as other victims of a crime, regardless of their immigration status.

Other states, such as Louisiana, Minnesota, New Jersey, New York, and Vermont, have enacted statutes providing immigration and/or translation services to victims. Immigration services may include assistance with the U.S. Citizenship and Immigration Service (“USCIS”) Form I-914 Supplement B Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, or assistance with obtaining the certifications or endorsements necessary to receive federal benefits or services. Finally, Virginia’s statute offers victims assistance in returning to their places of origin if they so desire.

D. Certification and Documentation

Certain federal and state benefits and legal protections may be available to victims only after their status is certified, documented, or otherwise established. Several states have enacted statutes intended to facilitate this process.

For example, California’s statute requires law enforcement agencies to document the basis for a victim’s status as such, using a specified form, within 15 business days of encountering that victim. Similarly, North Carolina’s statute states that the Attorney General must issue to the victim a letter of certification of eligibility or other relevant documentation for benefits and services within 96 hours of receiving notification. Missouri’s statute is less detailed, and simply requires law

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enforcement officials to “notify” relevant state agencies about a victim’s status “as soon as possible” so that those agencies can determine whether the person may be eligible for state and/or federal services, programs, or other assistance. Indiana, Kansas, New York, and Vermont also have adopted notification and assessment requirements.

An Illinois statute requires that a prosecutor or law enforcement official certify in writing to the U.S. Department of Justice or other federal agency circumstances in which a trafficking victim is willing to cooperate with an ongoing investigation. This enables the victim to qualify for an appropriate special immigrant visa and access available federal benefits if otherwise eligible.

E. Funding

As discussed above, many states provide medical services, housing assistance, job training, and direct financial assistance to victims and to organizations that assist victims of human trafficking. Such benefits require funding. Several states have enacted statutes that explicitly provide funding for these purposes.

A number of these statutes specify that state funds will be used to support such services to the extent that federal funding is not available. For example, California’s statute instructs agencies to rely on federal funding in the first instance, but explains that state funding shall support the provision of victim assistance and services to the extent needed. Florida’s statute requires the Florida Department of Children and Family Services to create state-funded social services programs to provide victim services during the period before federal processing is complete. Similarly, a New Mexico statute explains that victims will be eligible for benefits and services from the state until they qualify for benefits and services authorized by federal statute.

The Massachusetts statute is more expansive, and provides for the establishment of a Victims of Human Trafficking Trust Fund. The fund is supported by fines and proceeds from the sale of assets seized and forfeited from violators of trafficking laws. Mississippi, Nevada, Ohio, Tennessee, and Texas have established similar funds by statute.

F. Caseworker Privilege

Victims must disclose certain information to their caseworkers in order to receive assistance. But communicating this information is often painful, embarrassing, or frightening for victims of human trafficking. Moreover, such information may expose victims to potential criminal liability for crimes they were forced or coerced to commit (such as violation of prostitution, begging, or other such statutes). It therefore is critical for victims to have confidence that their caseworkers are on their side and will keep such information confidential.

Some states have adopted laws providing for a “caseworker privilege” similar to the attorney-client or doctor-patient privilege. For example, the District of Columbia’s statute provides that a human trafficking counselor may not disclose a confidential communication from a victim except where specifically required by statute or court of law, where authorized in writing by the victim, where necessary to protect the victim or others from a substantial risk of imminent and serious physical injury or kidnapping, where aggregated for statistical purposes and stripped of personal identifying information, or where necessary to defend against a lawsuit filed by the victim. Similarly, Kentucky’s statute provides that a human trafficking victim may refuse to disclose, and may prevent any other

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person from disclosing, confidential communications made to a counselor, psychotherapist, or person employed to render services to trafficking victims.

G. Plan for Assistance

Arkansas does not currently provide services specifically intended for victims of human trafficking. However, the state recently enacted a statute directing the state Department of Human Services to develop a state protocol for assisting victims of human trafficking with applying for federal and state benefits and services to which the victims may be entitled.

Similarly, Louisiana enacted a statute directing the state Department of Children and Family Services, in conjunction with the state Department of Health and Hospitals, to develop a plan for the delivery of services to child victims of human trafficking. That plan will include provisions for identifying victims; assisting with applying for federal and state benefits and services; coordinating the delivery of health, housing, education, job training, child care, legal, and other services; preparing and disseminating educational materials; and other victim assistance.

Pennsylvania also enacted a statute requiring the development of a plan for a coordinated response system to the extent federal or state funds are available. The statute explains that the plan should address services such as housing, psychological counseling, medical assistance, substance abuse counseling, child care, access to employment and educational opportunities, legal assistance, and social case management.

IV. CONCLUSION

Although there is no “one-size-fits-all” solution when it comes to assisting victims of human trafficking, all states would be well-served by a statutory framework that provides services and assistance to such victims. The ideal statute would ensure that state agencies develop and implement a comprehensive and cohesive plan to provide victims with assistance securing critical services— including but not limited to housing, food, and medical, psychological, legal, employment, educational, and immigration services. The ideal statute also would ensure the effectiveness of these programs by establishing a “caseworker privilege” and guaranteeing necessary funding. Polaris Project stands ready to assist policymakers in developing and implementing such statutes and programs at the state level.

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Access to Civil Damages

I. INTRODUCTION

Civil litigation is an enormously powerful tool for victims of human trafficking seeking redress from those who have harmed them. Through the use of civil remedies victims can recover actual damages, compensatory damages, punitive damages, injunctive relief, and attorney’s fees and costs. Since victims drive the decision-making process in civil courts, the ability to file a law suit against one’s trafficker can be a very empowering tool for survivors. States should make these legal mechanisms available to all victims of human trafficking.

II. ACCESS TO CIVIL DAMAGES UNDER FEDERAL LAW

The federal Trafficking Victims Protection Reauthorization Act of 2003 (“TVPRA”) provides a specific mechanism allowing many trafficking victims to file civil law suits in an appropriate federal district court and recover damages (actual and punitive) and reasonable attorney fees and costs. Under the TVPRA, the claim must allege one of three kinds of harm: (i) forced labor; (ii) trafficking into servitude; or (iii) sex trafficking by force, fraud, or coercion, or of a child under the age of 18. Punitive damages in such cases can be extensive, so the ability to file such a claim can provide a victim with a valuable opportunity to receive compensation. High punitive awards also may deter other current or would-be traffickers. The TVPRA does not indicate a statute of limitations for filing human trafficking civil suits, permitting victims to bring actions for civil damages years later.

For example, in Gurung v. Malhotra, a recent case in the Southern District of New York, the plaintiff employed Section 1595 of the TVPRA to obtain civil damages.13 The plaintiff in that case moved from India to the United States to work for the defendants, a married couple, after they promised to pay her approximately $108 per month for three years in exchange for light cooking and cleaning

13 851 F. Supp. 2d 583 (S.D.N.Y. Feb. 22, 2012).

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and occasional assistance with house parties. However, over the course of approximately 40 months, the defendants forced the plaintiff to work 16 hour days completing more difficult and humiliating tasks, withheld food to the point that the plaintiff lost more than 60 lbs and became severely underweight, and seized her passport and visa. During this time, the defendants only paid the plaintiff a single payment of less than $120. The plaintiff managed to escape her captors, but became very sick, which she attributed to the stress, abuse, and malnutrition she experienced at the hands of the defendants.

The plaintiff brought a total of twenty claims under various federal and state human rights and labor statutes, as well as under common law. She sought damages for emotional distress under the TVPRA, for which the court awarded $500,000. Furthermore, the court recommended punitive damages of $300,000. After considering other claims for damages, the court recommended that the plaintiff be awarded a total of $1,228,797, plus $220,898 and $8,640 in legal fees and costs, respectively.

Also in 2012, a district court in the Eastern District of Virginia awarded large civil damages under the TVPRA. In Doe v. Howard, the court found that the defendants, another married couple, violated the TVPRA by inducing the plaintiff to travel from Yemen to Japan and forcing her to provide involuntary labor and sexual services.14 The court further noted that the husband used physical force to restrain the plaintiff, and that both defendants psychologically manipulated the plaintiff to compel her labor and services, limited her contact with the outside world, and verbally, physically, and mentally abused her. The court determined that the plaintiff was entitled to $1,250,000 in compensatory emotional distress damages for the forced sexual servitude, $44,500 in compensatory damages for forced labor and trafficking, and $2 million in punitive damages for the defendants’ “intentional egregious and outrageous conduct.” After considering wage restitution and unjust enrichment damages, the court awarded a judgment in the plaintiff’s favor for a total of more than $3.3 million.

Another federal court in the Southern District of Florida awarded more than $13.5 million in damages to 18 plaintiffs for violations of the TVPRA. In Magnifico v. Villanueva, the court found that the two defendants fraudulently recruited the plaintiffs from the Philippines and the United States to work in country clubs and hotels.15 The defendants forced the plaintiffs to live in severely overcrowded housing, work overtime without compensation, and accept high deductions from their paychecks for food, housing, and transportation. The defendants threatened the plaintiffs such that they believed they had no other choice but to continue working and living in these conditions. Based on these facts, the court awarded each of the 18 plaintiffs between $342,208 and $1,283,018.

III. ACCESS TO CIVIL DAMAGES UNDER STATE LAW

Twenty-nine states and the District of Columbia have enacted statutes allowing trafficking victims to pursue civil remedies against their traffickers. These states are: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New Mexico, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Vermont, Washington, West Virginia, and Wisconsin.

14 2012 U.S. Dist. LEXIS 125414 (E.D.VA Sept. 4, 2012). 15 2012 U.S. Dist. LEXIS 158544 (S.D. FL Nov. 2, 2012). www.polarisproject.org 47

Although Kentucky and Mississippi allow for civil damages, they do so only in the event of a criminal conviction of the defendant. Conversely, a New Jersey statute explicitly states that the fact that a prosecution for human trafficking against the defendant has not been instituted or, whenever instituted, terminated without a conviction, does not preclude a civil action.

Two critical issues discussed by these statutes are: (A) the types and amounts of damages available; and (B) the periods within which a civil action must be brought so as not to be time-barred.16

A. Types and Amounts of Civil Damages

Nearly all of the states that have enacted statutes enabling victims to pursue civil remedies allow for the award of actual damages. Yet only approximately one-third of these states allow victims to pursue compensatory damages, and only approximately half have enacted statutes allowing victims to pursue injunctive relief, punitive damages, attorney’s fees, or costs. Alabama, Arkansas, California, Florida, Louisiana Massachusetts, Mississippi, Nevada, New Mexico, South Carolina, Washington, West Virginia, and Wisconsin have each enacted statutes permitting a court to award treble damages where the defendant’s acts were demonstrably willful and malicious. Texas’ statute is unique in that it explicitly permits an award of damages based on a victim’s mental anguish, even in the absence of other injury.

Minnesota’s statute permits damages to be assessed against business entities, in addition to individual defendants. More specifically, the statute allows victims to seek civil damages from business entities, and provides that a court may order, when appropriate: (i) the dissolution or reorganization of a business entity; (ii) the suspension or revocation of any license, permit, or prior approval granted to the business entity by a state agency; or (iii) the surrender of the business entity’s charter (if it is organized under Minnesota law) or the revocation of the business entity’s certificate to conduct business in Minnesota (if it is not). Washington’s statute similarly permits victims to seek civil damages from business entities involved in human trafficking, while Illinois’ statute permits the same with respect to entities that have recruited, harmed, profited from, or maintained a victim in the sex trade.

In contrast, a number of states have enacted statutes that explicitly limit the damages that may be awarded to trafficking victims. For example, Connecticut, Missouri, and Washington have statutes that explicitly cap the amount of civil damages that may be awarded to a victim; Connecticut’s statute limits damages to $1,000 for each day the victim was held; Missouri’s statute limits damages to $50,000 for each offense; and Washington’s statute limits damages to $250,000 (plus costs and attorney’s fees). Hawaii’s statute restricts the damages that may be awarded to economic damages proximately caused by trafficking activity. Florida’s statute is more restrictive and explicitly bans punitive damages, and further provides that the victim must pay the reasonable attorney’s fees and costs of the defendant if the court finds that the victim raised a claim which lacked substantial factual or legal support.

Some state statutes explicitly address legal fees. For example, Kentucky’s statute states that, if the plaintiff prevails, he or she is entitled to attorney’s fees and all other costs incurred in bringing the

16 State and federal employment law protections—including wage and hour laws, anti-discrimination and anti- harassment statutes, and tort remedies—also may provide victims with much-needed economic resources, in addition to penalizing the trafficker financially.

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action, including but not limited to the services of expert witnesses, testing and counseling, medical and psychological treatment, and other expenses reasonably incurred as a result of the criminal act. Similarly, a Louisiana statute states that a prevailing plaintiff shall be awarded court costs and attorney fees. And a Mississippi statute provides for attorney’s fees in the trial and appellate courts and reasonable costs for investigation and litigation.

B. Time Limits for Filing a Civil Suit

Although most of the states identified above have not explicitly limited the period within which a victim may bring a civil suit against a trafficker, the following states have imposed such limitations periods:

California. A victim must bring a civil suit within five years of the date on which he or she was freed from the trafficking situation, or, if the victim was a minor at such time, within eight years after the date he or she attains the age of majority.

Indiana. A victim must bring a civil suit not more than two years after the date on which the perpetrator was convicted of the underlying human trafficking offense.

Maine. A victim must commence the civil suit within ten years of the date on which he or she was freed from the trafficking situation.

Massachusetts. A victim must commence a civil suit within three years of the date on which he or she was freed from the trafficking situation or, if the victim was a child during the commission of the offense, within three years of the date on which he or she attains the age of eighteen.

Missouri. A victim must bring suit within ten years of the later of: (i) the issuance of a final order in the related criminal case; (ii) the victim's emancipation from the trafficking situation; or (iii) the victim’s eighteenth birthday.

New Mexico. A victim must file the action within ten years from the date on which: (i) the defendant’s human trafficking actions occurred, or (ii) the victim attains eighteen years or age if the victim was a minor when the defendant’s actions occurred.

Washington. A victim (or the state) must commence civil proceedings within three years after discovering that a perpetrator has been engaged in a pattern of criminal profiteering activity, or after such pattern should reasonably have been discovered, or within three years of the final disposition of any criminal charges relating to the underlying human trafficking offense (whichever is later).

Several of these statutes explain that the limitations period may be tolled by a victim’s disability, other circumstances resulting from the trafficking situation (such as psychological trauma or cultural or linguistic isolation), or the victim’s status as a minor.

C. States as Parties to Civil Actions against Perpetrators of Human Trafficking Offenses

Both the District of Columbia and Washington have enacted statutes permitting the state to commence or join a civil suit against a trafficker. The District of Columbia’s statute permits it to sue a trafficker for damages or restitution, or to sue third parties for damages (although any right to www.polarisproject.org 49

receive compensation is subrogated to those of victims). Washington’s statute permits the state attorney general to appear as amicus curiae or to intervene in a victim’s civil suit. Upon such intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.

IV. CONCLUSION

State laws permitting a victim to seek civil damages from the perpetrators of human trafficking serve a number of important objectives. Such laws not only help victims to secure some measure of compensation, but also serve to empower victims while increasing the likelihood that perpetrators are punished and potential traffickers are deterred. Polaris Project stands ready to assist policymakers to develop and implement such laws at the state level.

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Vacating Convictions for Sex Trafficking Victims

I. INTRODUCTION

Sex trafficking victims often are compelled to engage in prostitution and other criminal activity, but are not always identified as victims when they are arrested, detained, prosecuted, convicted, and/or plead guilty to these crimes. The resulting criminal records inhibit the ability of these victims to move forward with their lives because they can no longer obtain certain jobs or loans, or go to school as a result of the stigma that is attached to having to report a conviction for prostitution. States can help victims to rebuild their lives by enacting statutes that permit courts to vacate convictions for prostitution-related offenses and other non-violent crimes that victims of human trafficking were forced to commit.

II. VACATING CONVICTIONS UNDER STATE LAW

Fourteen states have enacted statutes that permit their courts to vacate the convictions of human trafficking victims. These states are: Connecticut, Florida, Hawaii, Illinois, Maryland, Mississippi, Montana, Nevada, New Jersey, New York, North Carolina, Vermont, Washington, and Wyoming.

A. The New York Statute

New York was the first state to enact legislation to provide victims of human trafficking with the ability to seek the vacatur of convictions for related criminal activity. More specifically, New York’s statute, enacted in 2010, permits a victim of sex trafficking to file a motion in state court seeking to vacate his or her conviction for prostitution and related offenses where the victim’s participation in the underlying illicit activity resulted from his or her status as a victim of sex trafficking. Once a judgment is vacated, it is legally null and void as if it had been overruled by a higher court.

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The Criminal Court of the City of New York, Queens County, decided a motion to vacate certain convictions in New York v. G.M., 32 Misc. 3d 274 (Criminal Court of the City of New York, Queens County, Apr. 29, 2011). That case involved a native of the Dominican Republic who had been forced to prostitute herself, carry drugs, and commit other crimes for her abusive husband under threat of further harm or actual violence to herself, her children, or others close to her if she did not comply. In a single five-month span during years of abuse, the woman was arrested on six separate occasions—twice each for prostitution, criminal trespass, and criminal possession of a controlled substance. The woman pled guilty in each of these cases. Years later, after the victim had suffered much physical and emotional abuse her captor abandoned her and the victim was able to seek assistance. She received a T Visa (T-1 Nonimmigrant Classification Status) after proving to the federal government that she was a victim of human trafficking. However, she still was terminated from her job as a home health care attendant after the Department of Health (“DOH”) discovered her criminal convictions during a background check. The woman had to fight for nearly three years, with the help of public legal assistance, to successfully contest the DOH’s decision and be approved to work again.

The woman applied to vacate the convictions to clear her criminal record. The court found that she had provided “a very compelling narrative of the circumstances surrounding all of her arrests, demonstrating that they were the product of years of brutal physical, psychological and sexual violence by her husband, which resulted in having been trafficked by him.” The court therefore vacated the woman’s convictions on all six counts. In doing so, the court explained that although only the two convictions that were for prostitution offenses technically were covered by the New York vacatur statute, that statute “allows the court to ‘take such additional action as is appropriate in the circumstances.’” The court found that, based on the circumstances presented in this case, the woman was entitled to have all of her convictions vacated. This decision exemplifies why it is beneficial to afford judges broad discretion to vacate convictions not just for prostitution but also for other criminal acts committed as a result of human trafficking.

B. Statutes in Other States The thirteen other states identified above have enacted statutes that mirror New York’s in important respects. That said, some of these statutes make it more difficult for victims to obtain relief.

1. Scope of Vacatur

Most of the state statutes regarding vacatur of convictions have not been interpreted by a court. As a result, it is unclear how many of these statutes will be read as broadly as the New York statute discussed above.

Some state statutes explicitly reference prostitution convictions, but not other related crimes, suggesting that they may apply to fewer types of convictions than the New York statute. For example, the Connecticut statute references convictions entered pursuant to Section 53a-82 of the state’s general statutes, which defines prostitution as a Class A misdemeanor. Similarly, Montana’s statute states that a court may vacate a person’s conviction of the offense of prostitution. North Carolina’s statute also specifically references convictions for prostitution, and does not reference other crimes or convictions.

Conversely, the Florida statute is broad, and discusses “any conviction for an offense committed while he or she was a victim of human trafficking.” Wyoming’s statute uses very general terms,

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including “a conviction,” and “vacate the conviction,” suggesting that any conviction that was the result of being a victim of human trafficking may be vacated. And New Jersey’s statute addresses convictions of “prostitution and related offenses,” suggesting it may be read broadly.

2. Time Period For Requesting Vacatur

Some state statutes limit the time period within which a victim may seek to vacate a prior conviction. For example, the Maryland statute provides that a motion to vacate convictions related to human trafficking must be filed “within a reasonable period of time after the conviction[s].” Similarly, the statutes in Hawaii, Montana, and New Jersey require that the motion to vacate be filed within a reasonable period of time after the person ceases to be a victim of trafficking or involved in trafficking. Although these statutes provide that a motion to vacate may be filed at a later time where there are reasonable concerns for the victim’s safety, this exception may not be of much use to victims who may have been living in a safe environment for years without discovering the roadblocks created by their previous convictions.

In contrast, some state statutes allow victims to file motions to vacate a conviction “at any time” after the entry of a judgment. This is the case in Connecticut, Illinois, Mississippi, New York, North Carolina, and Wyoming.

3. Burden and Standard of Proof

State statutes also vary with respect to the burden of proof they impose and other obstacles to relief. Connecticut, Hawaii, and Maryland have enacted statutes that explicitly place the burden of proof on the trafficking victim seeking to vacate a prior conviction. Washington’s statute goes further and does not permit a trafficking victim to have his or her record for conviction for prostitution vacated if: (i) there are any criminal charges currently pending against him or her in any court; (ii) the victim has been convicted of another crime since the date of the conviction at issue; or (iii) the victim has ever had the record of another prostitution conviction vacated.

The evidentiary standard of proof in some states also may represent an insurmountable obstacle for some trafficking victims. The statutes enacted by Vermont and Maryland, for example, require that a victim’s motion to vacate a conviction describe supporting evidence with particularity, and provide documentary evidence showing that the victim is entitled to relief. Some victims will not have access to such information. Moreover, these statutes require victims to disclose sensitive information that may be painful or embarrassing for them.

However, other states have created a rebuttable presumption that should be useful to victims of human trafficking attempting to prove their cases. For example, Mississippi, Montana, New Jersey, and Wyoming provide that official documentation from a federal, state, or local government agency as to the person’s status as a victim at the time of the offense creates a presumption that his or her participation in the offense was a result of being a victim of human trafficking.

4. Affirmative Defenses

Similarly, several states explicitly permit a defendant to assert his or her status as a human trafficking victim as an affirmative defense to prostitution and other criminal charges. For example, a New Jersey statute provides that “it is an affirmative defense to prosecution for [prostitution and related

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offenses] that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking . . . .” However, many of the states that provide this defense do not provide a mechanism for vacating a previous conviction.

C. Vacating Versus Expunging Convictions

Several of these state statutes—including those enacted in Hawaii, Illinois, Maryland, Nevada, New York, Washington, and Wyoming—focus on vacating as opposed to expunging convictions (which would not only render those convictions null and void, but also would seal the records of earlier law enforcement and judicial processes making them unavailable through state and federal repositories).

On the other hand, the statute enacted in Vermont permits judges to vacate convictions of human trafficking victims and expunge the records related to such convictions. That statute explains that, if the victim’s motion is granted:

[T]he court shall vacate the conviction, strike the adjudication of guilt, and expunge the record of the criminal proceedings. The court shall issue an order to expunge, or redact the moving party's name from, all records and files related to the moving party's arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation for the offense.

This statute is particularly beneficial to trafficking victims because it not only allows their personal records to be cleared of trafficking-related convictions, but also allows the removal or redaction of their names and personal information from other legal records. The New Jersey statute similarly addresses both vacatur and expunging convictions. It provides that a person may apply to have a conviction vacated, and also in the same application seek an order for the expungement of any reference to the person’s arrest, conviction, and any proceedings for prostitution in any records.

Statutes in California, Florida, and Ohio similarly permit courts to expunge records to protect victims of human trafficking. The California statute requires that courts grant petitions to seal records where a petitioner has shown that her violations were the results of human trafficking. Similarly, the Ohio statute allows a victim of human trafficking to petition the adjudicating court to expunge her record of adjudication. And the Florida statute permits courts to expunge convictions, and explains that a conviction expunged under the statute is deemed to have been vacated due to a substantial defect in the underlying criminal proceedings.

III. CONCLUSION

State statutes that allow victims to seek the vacatur of criminal convictions for trafficking-related activity recognize that these individuals are not responsible for the illicit activities in which they have been forced to engage. Polaris Project stands ready to assist policymakers in developing and implementing such statutes at the state level.

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UNDERSTANDING HUMAN TRAFFICKING CASES

Honorable Virginia M. Kendall United States District Court for the Northern District of Illinois [email protected] THE SCOPE OF THE INTERNATIONAL PROBLEM

• 20 -30 million victims of human trafficking world wide according to 2014 TIP reports • $32 billion in profits to the traffickers • Frequently linked to organized crime – complex organizations with specific roles along the route • Challenge of working internationally across borders to share information and evidence • Big money: money laundering; false identification, bribery • Public corruption inherent in its success

TYPES OF TRAFFICKING

• Forced prostitution of foreign born women and children • Forced labor • Debt bondage • Domestic servitude • Domestic sex trafficking • No need to cross international borders for trafficking • Crime of control and coercion

DIFFERENCE BETWEEN TRAFFICKING AND SMUGGLING

• SMUGGLING • TRAFFICKING • Offense against the • Offense against a person integrity of borders • Coerced or compelled • Business relationship labor or service consummated once alien • Smuggling debt has reached border • Traffickers maintain • Requires illegal border control over their crossing victims after the border is crossed THE INTERNATIONAL COMMUNITY’S RESPONSE

• 1989 UN Convention on the Rights of the child • 1996 Hague Convention on the Protection of Children • 1998 Rome Statute of the International Criminal Court • 1999 International Labor Organization Concerning the Prohibition of Child Labor • 2000 United Nations Convention on Organized Crime • 2000 TVPA – UN Protocol (revised and updated three times) UN PROTOCOL OF 2000 • (a ) To prevent and combat trafficking in persons, paying particular attention to women and children;

• (b) To protect and assist the victims of such trafficking, with full respect for their human rights; and

• (c) To promote cooperation among States Parties in order to meet those objectives.

DEFINITION OF TRAFFICKING IN PERSONS

• recruitment, transportation, transfer, harboring or receipt of person • by means of threat, force, coercion, fraud, deception, or abuse of power or of position of vulnerability • or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. • Includes prostitution, sexual exploitation, forced labor, slavery or the removal of organs; KEY PROVISIONS OF PROTOCOL • The consent of a victim to the intended exploitation is irrelevant where any of the means set forth have been used; • Child is a person under the age of 18 • No force, threats or coercion necessary if pertains to child • Each member state to enact legislation criminalizing TIP • Each member state to enact legislation to protect victims KEY VICTIM PROVISIONS

• Protect the privacy and identity of victims in court proceedings • Coordinate with NGOs to provide physical, psychological and social recovery, e.g.: housing medical tests and treatments psychological treatment education protection within the state potential for compensation counseling about all of the above

THE NUMBER OF PROSECUTIONS

• Only 9,500+ prosecutions worldwide • Low numbers of prosecutions due to: • Lack of training for law enforcement and judges’ understanding, ability to locate the crime and identify victims • Lack of focus on protecting a class of individuals who have little voice or recognition WHY?

• Victims do not self identify • Victims fear law enforcement • Corruption within the states • Prosecution of the Victims for crimes • Prosecution of the Victims for immigration offenses • Fear of Deportation • Fear of the reality of their situation: loss of ability to control their lives • SHAME

THE VICTIM INTERVIEW –CLUES TO TRAFFICKING

• not free to leave • owes a debt to the person who is in control of her work and residence and care • came from another country and is concerned about siblings abroad • has no income and no ability to purchase anything for herself • does not know exactly where she is – unable to identify places within the community • is isolated from others within the community; resides in one location without access to outsiders and outside activity • is fearful

TRAFFICKING = COERCION

• Victims kept in isolation with no ability to learn their surroundings or moved from location to location • Victims owe a debt for the transportation to the country • Victims do not hold their own money; all basic “needs” are provided by the trafficker • Victims often have their passports held by the traffickers or worse by the police who act in conjunction with traffickers COERCION

• Victims believe that the trafficker will harm them, or their families, or bring other siblings to the country to be trafficked • Victims lose self confidence and shame of who they have become is overwhelming • Victims feel that there is no way to escape – traffickers have convinced them that they will be harmed or deported

COERCION

• Sexual abuse, battery, rape • Isolation, neglect of basic needs • Physical abuse • Observing other victims being raped or abused • Psychological abuse: threats of harm to victims or family • Controlling all aspects of daily life: food, shelter, health care • Threats of reporting their criminality to the authorities • Debt bondage

NEED TO UNDERSTAND THE VICTIMIZATION

• Malleable victims often seeking “better life” • Some leaving war torn area, poverty, natural disaster • Some duped into coming and do not understand they will be prostituted • Others understand they will be prostituted but soon learn that they are no longer free to leave • All become controlled and manipulated through a variety of psychological and physical means

COMMON MISUNDERSTANDINGS

• Victim chose this way of life • Victim could seek help if she really wanted it • Victim can return to her home country if she wants • Victim is being paid and is working normal hours under normal conditions • Victim cares for, admires, her pimp • Victim is residing in healthy conditions

REALITY OF THE SITUATION

• Victim is housed in neglectful, often unsanitary, and unhealthy conditions • Victim is not free to leave • Trafficker enforces rules that result in sanctions if broken • Sanctions include violence, sex, rape, and degradation • Traffickers instill fear of law enforcement and deportation • Traffickers hold on to passports and issue false identification documents TRAFFICKER’S CONTROL LEADS TO PSYCHOLOGICAL TRAUMA

• Victim believes there is no way out of the situation • Even if victim were to leave, despair over what she has become prevents her from seeking help from family • Victim often has no identification documents to prove who she is • Victim is completely reliant on trafficker for food, shelter, knowledge of the outside world and medical care • Victim is broken psychologically and incapable of asserting independence SIGNIFICANCE OF TRAUMA: INCONSISTENT STATEMENTS

• Psychological trauma: • efforts to avoid thoughts on the traumatic experience; • to avoid anything that reminds the victim of the traumatic experience; • inability to recall specific details or strange focus on one detail; • inability to remain focused on the discussion; exhaustion SIGNIFICANCE OF COERCION: INCONSISTENT STATEMENTS

• Likelihood of • inconsistent statements • inconsistencies amongst victims due to different levels of psychological ability to address the victimization • first statement being less detailed than later statements • victim going through phases of refusing to cooperate • having to work long hours with victim more than other types of cases

UNDERSTAND THE PROGRESSION OF INTERVIEWING

• Law enforcement interview differs from social worker interview • Law enforcement seeks the who, what, when and how • Law enforcement seeks immediate response from fearful interviewee • Once victim is provided safe harbor, food, clothing, the interview will expand • Once given the time and patience with the victim, the details will expand and victim may recant her earlier denial of harm WHAT DOES A JUDGE WANT TO SEE?

• Credible testimony • Testimony supported by other evidence • Testimony that does not sound forced, created, or cut from a mold • Testimony that describes the elements of the crime • Testimony that makes sense to her in light of her knowledge of the crime

HOW DO YOU KNOW THE TRUTH? CORROBORATION OF WITNESS

• Surveillance: photos and videos of the comings and goings • Bank records: show the cash deposits on the days she said she paid him • Phone records: show the links to his control through the phone calls before and after the “work” • Site photos: show the barren rooms, locks on the doors, one dress in the closet, fence around the perimeter • Immigration records: show the entry into the country together ADVANCED CORROBORATION

• Cooperator testimony of someone on the inside • Recorded phone calls between the victim and the trafficker • Chats, text messages, emails • Undercover operation – entry into the world of the trafficker • Undercover operation – money laundering opportunity • GPS tracker on vehicle or phone ADVANCED CORROBORATION

• Lack of payroll records, tax records, business records • Tracing funds – (wire transfers, purchases of large ticket items like cars) • Rental records, and other real estate documents – who is on the lease? • Who contacts the utilities to set up/change service • ISP connection to location? • Basic neighbor interviews OTHER CRIMES MAY BE INVOLVED

• Identification document fraud • Tax evasion • Kidnapping • Wire fraud • Computer luring • Violent crimes: rape, battery

RECOGNIZE THE UNIQUE VICTIMIZATION OF THE CRIME

• Fear, physical illness, lack of basic needs (food, shelter, clothing), potential criminal exposure – all work against the ability to present your case • A victim needs to know and have access to services • Physical health (medicine, IV testing, STD testing) • Mental health (counseling, support, time) • Shelter and Basics (food, safe haven, clothing) • Communication about the next step WORKING WITH NGO’S

• NGOs provide access to the services needed to stabilize the victim • NGO’s can provide insights into the trafficker based on their experiences with the locale and/or the cultural group of victims • NGO’s can provide leads to law enforcement based on their interaction with the victims • NGO’s can provide the emotional and health support needed for the victim while law enforcement investigates

USE OF TASK FORCE APPROACH

• Building partnerships with local and federal law enforcement, medical personnel, grass roots organizations, immigration organizations • Tap into community networks -- foreign language papers and ethnic community groups • Identifying victims through non-traditional means: church groups, shelters, hospitals, food pantries, building inspectors, utility companies EDUCATE THE JUDGE

• Understand that trafficking is not easily understood • Understand that victims do not even identify themselves as victims of trafficking • How can a judge rule that a crime has been committed if she does not understand the crime? USE AN EXPERT BENEFITS OF EXPERT TESTIMONY

• Describes a crime that is not easily identifiable and occurs under our noses each day • Explains the climate of fear that would cause a victim to have inconsistencies in her telling of her victimization • Explains the level of trauma that coercion causes which often keeps a victim from escaping or reporting to the authorities • Explains psychological coercion and fear • Explains cultural and gender differences that can impact a victim’s credibility

QUALIFICATIONS OF AN EXPERT

• Can be someone with psychological or psychiatric expertise who has dealt with victims of trauma • Can be someone with hands-on experience interviewing and dealing with victims of human trafficking • Can be someone who has studied a particular culture and has interviewed victims from that particular culture • Can be someone in law enforcement, medical field, mental health field, non-profit field, education EXPERTS NOT ONLY EDUCATE; THEY CORROBORATE

• Experts can opine on evidence and why it is significant to coercion • Experts can opine on behavior of the victims and why that behavior is consistent with coercion • Experts can opine on the symptoms and injuries suffered by your victims and explain why they are common to human trafficking victims • Experts offer a badge of credibility to your victims WHAT CAN A JUDGE DO? • Be aware of the services that are mandated under the laws of your jurisdiction: shelter, medical care, mental health care, child care, HIV testing, education, immigration help • Learn about the crime and understand it to be coercion and control over weaker individuals – this will aid you in evidentiary rulings • Understand expert testimony as a tool to educate the jury (and you) about the crime when reviewing Daubert motions • Understand the psychology of the victimization and the resultant trauma that impacts witness testimony

WHAT CAN A JUDGE DO AT SENTENCING?

• Make the victim services part of the judgment order • Consider unique restitution awards • Therapy; counseling; medical treatments • Support future treatments with expert testimony • Use of financial vehicles like trust funds • Forfeiture separate from restitution award • Seek proposals from the parties • Support with evidence and testimony SHARE YOUR KNOWLEDGE WITH YOUR COLLEAGUES

• Recognize that your voice to your colleague is a training tool • Educate the public with your rulings – publish • Educate the jury with your legal instructions • Protect victims with your judgments and orders • Encourage training within your court jurisdiction

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Greasing the Palm: An Argument for an Increased Focus on Public Corruption in the Fight Against International Human Trafficking Virginia M. Kendall†

Introduction ...... 33 R I. Examining the Links Between Public Corruption and Human Trafficking ...... 36 R II. Current Anti-Trafficking Programs and Protocols Focus on Traffickers and Victims, Ignoring the Critical Role Played by Public Corruption ...... 38 R A. International Reporting Mechanisms ...... 38 R B. National Reporting Mechanisms ...... 39 R III. Ideas and Proposals ...... 40 R Conclusion ...... 47 R

Introduction The global problem of international human trafficking1 is a complex, difficult, and multi-faceted one. Although the U.S. government and inter-

† The Honorable Virginia M. Kendall is a federal District Court judge in the Northern District of Illinois. Judge Kendall was appointed to the federal bench in 2006. Prior to coming to the bench, she served for over ten years as a federal prosecutor in the Northern District of Illinois, where as a Deputy Chief she coordinated child exploitation and crimes against women cases and also served in the Public Corruption Unit. During her time as a prosecutor, she tried numerous jury trials involving both public corruption and crimes against children. She served on the Attorney General’s Advisory Committee reviewing federal national and international child exploitation cases impacting multiple jurisdictions and has received numerous awards for her work in protecting victims’ rights. Currently, she teaches at Northwestern University School of Law and Loyola University School of Law in Chicago. She also partners with Lawyers without Borders and the Department of Justice to teach judges in Kenya, Zambia, and Liberia about the unique issues they may face when presiding over cases involving crimes against women and children. Judge Kendall wishes to thank Krista Stone-Manista for her assistance. 1. Definitions of human trafficking vary widely. The present Article adopts the definition of the United States Trafficking Victims Protection Act, describing “severe” trafficking as “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 as “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” and sex trafficking as “the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.” Trafficking Victims Protection Act of 2000 § 103(8)– (9), 22 U.S.C. § 7102(8) & (9). 44 CORNELL INT’L L.J. 33 (2011) \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 2 4-MAR-11 12:19

34 Cornell International Law Journal Vol. 44 national organizations have thus far failed to establish an “effective mechanism for quantifying the number of victims of trafficking on a national, regional, and international basis,”2 the most recent U.S. trafficking report estimates that 12.3 million adults and children are living in conditions of forced labor, bonded labor, or forced prostitution around the world; 1.8 out of every 1000 individuals in the world is a victim of human trafficking; and identified victims represent only about 40% of actual estimated victims.3 Public corruption acts as the grease that permits this mechanism of illegal activity to occur at such an alarming rate.4 In order to secrete humans across international borders, traffickers must rely on a network of public officials willing to accept bribes in return for their official acts.5 Whether the official act involves creating false identification documents, refusing to enforce customs laws, or merely turning one’s back when the obvious incidents of human slavery are present, these official acts facilitate the increasingly evasive actions of the trafficker and ensure his or her financial success in the illegal marketplace.6 In recent years, international organizations, national governments, scholars, and practitioners have approached the human-trafficking crisis from numerous angles in an effort to quantify, understand, and combat the crime.7 These actors have made significant strides in prosecuting the perpetrators and assisting the victims of human trafficking, including advocat-

2. Trafficking Victims Protection Reauthorization Act of 2005 § 104(c)(5), 22 U.S.C. § 7109 (2006); see, e.g., U.S. GOV’T ACCOUNTABILITY OFFICE, REPORT NO. 06-825, HUMAN TRAFFICKING: BETTER DATA, STRATEGY, AND REPORTING NEEDED TO ENHANCE U.S. ANTITRAFFICKING EFFORTS ABROAD 16, 20– 26 (2006), available at http://www.gao.gov/ new.items/d06825.pdf. 3. UNITED STATES DEPARTMENT OF STATE, TRAFFICKING IN PERSONS REPORT 7 (June 2010), available at http://www.state.gov/documents/organization/142979.pdf [hereinafter 2010 TIP Report]. 4. See UNITED NATIONS GLOBAL INITIATIVE TO FIGHT HUMAN TRAFFICKING (UN.GIFT), THE VIENNA FORUM REPORT: A WAY FORWARD TO COMBAT HUMAN TRAFFICKING 10 (2008), available at http://www.ungift.org/docs/ungift/pdf/vf/ebook2.pdf [hereinafter VIENNA FORUM REPORT] (“Corruption ranges from active involvement to passive negligence, and it is often the lubricant that allows victims to be selected, transported and held against their will.”). 5. See Sheldon X. Zhang & Samuel L. Pineda, Corruption as a Causal Factor in Human Trafficking, in ORGANIZED CRIME: CULTURE, MARKETS AND POLICIES 41, 46 (Dina Siegel & Hans Nelson eds., 2008). 6. See Anti-Slavery, Transparency International & United Nations Office on Drugs and Crime, The Role of Corruption in Trafficking in Persons 12– 16 (Nov. 11, 2009) (Background Paper for the Side Event “The Role of Corruption in Trafficking in Persons” at the Third Session of the Conference of State Parties to the United Nations Convention Against Corruption, Doha, Qatar), available at http://www.unodc.org/documents/ human-trafficking/Corruption_and_trafficking_Doha_final.pdf [hereinafter Doha Back- ground Paper] (reporting incidents of traffickers creating illegal passports, bribing officials to obtain visas, and the refusal of local law enforcement officers to intervene in situations where traffickers were open and notoriously holding victims against their will. Some victims have reported that the bribe payment is even deducted from the paltry payments obtained from their employment while being held.). 7. See e.g., Nilanjana Ray, Looking at Trafficking Through a New Lens, 12 CARDOZO J.L. & GENDER 909, 910– 24 (2006) (discussing several distinct perspectives on trafficking based in morality, violence against women, law enforcement, and labor migration). \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 3 4-MAR-11 12:19

2011 Greasing the Palm 35

ing for the expanded protection of trafficking victims,8 constructing compelling arguments that human trafficking is an international human rights crisis on a grand scale,9 and working to implement a “3P” paradigm of prevention, criminal prosecution, and victim protection as the optimal route to solving the human trafficking crisis.10 Yet these efforts often over- look one critical piece:11 the key roles corrupt public officials play in source countries, along trafficking routes, and in their destination countries. Public corruption facilitates the unwilling exits and unlawful entries of trafficking victims,12 enables complex multi-national transit routes,13 and helps traffickers procure falsified passports, visas, and entry documents at each step of the way.14 The damage such pervasive public corruption wreaks upon the organs of democratic society, the reputation of government officials, and the morale of the wider public servant class generally— and of course on the direct and indirect human trafficking victims, specifically— is incalculable. To safeguard both the rule of law, as well as the dignity of those humans who fall into the vicious grip of the organized criminal groups dominating transnational human trafficking, increased focus must therefore be placed on, and resources directed to, the critical fight against public corruption in aid of human trafficking. This Article calls attention to the significant role that public corruption plays in the international human trafficking crisis, and explains how and why existing trafficking protocols and monitoring systems can and should be expanded to reflect this reality. Part I examines the links between public corruption and human trafficking. Part II describes the scope of current anti-trafficking programs and protocols, including international agreements overseen by the United Nations and the United States’ powerful and flexible system developed under the aegis of the Trafficking Victims Protection Act (TVPA).15 Part III applies a critical lens to the back-

8. See 2010 TIP REPORT, supra note 3, at 5; NAT’L ASIAN PAC. AM. WOMEN’S FORUM, RIGHTS TO SURVIVAL & MOBILITY: AN ANTI-TRAFFICKING ACTIVIST’S AGENDA 33 (2008), available at http://www.humantrafficking.org/uploads/publications/napawf_08_rights_ mobility_0708.pdf. 9. See, e.g., Angela D. Giampolo, The Trafficking Victims Protection Reauthorization Act of 2005: The Latest Weapon in the Fight Against Human Trafficking, 16 TEMP. POL. & CIV. RTS. L. REV. 195, 196-97 (2006); Ray, supra note 7, at 909; Mindy M. Willman, Note, R Human Trafficking in Asia: Increasing Individual and State Accountability Through Expanded Victims’ Rights, 22 COLUM. J. ASIAN L. 283, 284– 85 (2009). 10. 2010 TIP REPORT, supra note 3, at 5, 13 (suggesting that “a good anti-trafficking R law” should focus on improved law enforcement and prosecution, on care and immigration relief for victims, and on legal redress for victims). 11. See 2010 TIP REPORT, supra note 3, at 13 (omitting reference to public corruption R in its suggestions for “a good anti-trafficking law”); id. at 28 (noting a correlation between the performance of countries on the TIP Report ranking system and those countries’ rankings on scales of perceived corruption and lack of protection of civil liberties, but failing to examine the ways in which public corruption directly facilitates human trafficking). 12. See VIENNA FORUM REPORT, supra note 4, at 11. R 13. See id. at 11, 25– 26. 14. See Doha Background Paper, supra note 6, at 11. R 15. Trafficking Victims Protection Act of 2000 (TVPA), Pub. L. No. 106-386, div. A, 114 Stat. 1466 (codified as amended in scattered sections of 8, 18, and 22 U.S.C.), \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 4 4-MAR-11 12:19

36 Cornell International Law Journal Vol. 44 ground information elucidated in Parts I and II and proposes modifications to existing programs, as well as new measures that would place an increased focus on public corruption, in order to expand and strengthen current anti-trafficking efforts.

I. Examining the Links Between Public Corruption and Human Trafficking Many agencies and scholars have extensively reported upon and studied the activities of human traffickers16 and the human cost they impose on their victims.17 Less widely examined, however, is the role of public corruption in enabling and facilitating human trafficking.18 Public corruption facilitates trafficking in a number of ways, often as a result of the complicity of law enforcement officials in trafficking.19 Public corruption is implicated not only in the direct activities of human traffickers, but also in the criminal justice system— where corrupt officials may passively or actively impede efforts to bring traffickers to justice— and in the victim protection system, where both public and private corruption may limit efforts to provide victims with services and support.20 Currently available reports, studies, and commentators illuminate anecdotal as well as empirically backed links between public corruption and human trafficking.21 In one study, the researchers relied on the annual Trafficking in Persons (TIP) reports, produced by the United States Department of State under the authority of the TVPA, for data on the extent of trafficking in a particular country.22 These TIP reports are generated for each country from a variety of sources, both reliable and unrelia- ble, and can also vary year-to-year based on which foreign service officer is

amended by Trafficking Victims Protection Reauthorization Act of 2003 (2003 TVPRA), Pub. L. No. 108-193, 117 Stat. 2875 (codified in scattered sections of 8, 18, and 22 U.S.C.), Trafficking Victims Protection Reauthorization Act of 2005 (2005 TVPRA), Pub. L. No. 109-164, 119 Stat. 3558 (2006) (codified in scattered sections of 18, 22, and 42 U.S.C.), and William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (2008 TVPRA), Pub. L. No. 110-457, 122 Stat. 5044 (codified in scattered sections of 6, 8, 18, 22, and 42 U.S.C.). 16. See 2010 TIP REPORT, supra note 3, at 36 (summarizing the findings of several R recent studies). 17. See Doha Background Paper, supra note 6, at 13– 14; U.S. Dep’t Of Health and R Human Services, Admin. For Children and Families, Sex Trafficking Fact Sheet (2010), http://www.acf.hhs.gov/trafficking/about/fact_sex.html (last visited October 18, 2010). Victims of human trafficking suffer from various physical disorders, including drug and alcohol addiction, physical injuries, traumatic brain injury, sexually transmitted diseases, sterility, miscarriages, and menstrual problems. Id. The mental health impacts of trafficking include shame, grief, fear, distrust, hatred of men, self-hatred, suicide, suicidal thoughts, and Posttraumatic Stress Disorder (PTSD). Id. 18. See Doha Background Paper, supra note 6, at 11 (“[T]here is a lack of systematic R research into and official data on the links between trafficking and corruption . . . .”). 19. See 2010 TIP REPORT, supra note 3, at 31. R 20. See Doha Background Paper, supra note 6, at 7– 8, 11. R 21. See, e.g., 2010 TIP REPORT, supra note 3, at 28– 29; See VIENNA FORUM REPORT, supra note 4, at 10– 12. R 22. See Zhang & Pineda, supra note 5, at 47. R \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 5 4-MAR-11 12:19

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tasked with preparing them. According to the three-tier approach set forth in the TVPA, countries are classified as “Tier 1”— those whose governments fully comply with the TVPA’s minimum standards, “Tier 2”— those whose governments do not yet fully comply with the TVPA’s standards, but are making significant efforts to come into compliance, and “Tier 3”— those whose governments do not fully comply and are not making significant efforts to do so.23 Governments of Tier 3 countries may be subject to U.S. government sanctions in the form of the withdrawal of “nonhumanitarian, non-trade-related foreign assistance.”24 Although the TVPA “provides for a waiver of sanctions if necessary to avoid significant adverse effects on vulnerable populations, including women and children,”25 some have criti- cized the sanctions system as being likely to harm the victims of trafficking, rather than the governments who allow it.26 A review of the reports reveals that governments with significant levels of public corruption also have significant human trafficking numbers.27 For example, Cambodia has pervasive corruption28 and has been ranked as either a Tier 2 or Tier 2 Watchlist country in recent TIP reports.29 Although in 2008 Cambodia enacted the Law on the Suppression of Human Trafficking and Commercial Sexual Exploitation, which prohibits and severely penalizes all forms of trafficking,30 the 2010 TIP Report section on Cambodia concludes that “[i]mpunity, corruption, and related rent-seeking behavior continue to impede anti-trafficking efforts.”31 The report notes the direct and indirect involvement of police and judicial officials in trafficking.32 Most notably, Cambodian authorities failed to prosecute the former president of Cambodia’s appeals court, who allegedly accepted $30,000 in exchange for the release of brothel owners who were convicted of trafficking.33

23. See 2010 TIP REPORT, supra note 3, at 22. R 24. 2010 TIP REPORT, supra note 3, at 25. In addition to these direct sanctions, the R TVPA also allows the U.S. government to oppose IMF and World Bank assistance that would otherwise flow to Tier 3 countries. Id. 25. 2010 TIP REPORT, supra note 3, at 28. R 26. See Janie Chuang, The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking, 27 MICH. J. INT’L L. 437, 457– 59 (2006). 27. See, e.g., Zhang & Pineda, supra note 5, at 53. This study concludes that R although most of the examined predictor variables, including poverty, infant mortality, and life expectancy, are significantly correlated with the ranking in the TIP Report, only corruption comes close to statistical significance. Id. at 52. Based on this assessment the authors conclude that “[c]ountries that make the least effort to fight human trafficking also tend to be those with high levels of official corruption.” Id. at 53. 28. See U.S. DEP’TOF STATE, TRAFFICKING IN PERSONS REPORT 96 (2009) available at http://www.state.gov/documents/organization/123357.pdf. 29. See 2010 TIP REPORT, supra note 3, at 48; id. at 50; U.S. DEP’TOF STATE, TRAFFICK- R ING IN PERSONS REPORT 44 (2008) available at http://www.state.gov/documents/organization/105501.pdf. 30. 2010 TIP REPORT, supra note 3, at 101. R 31. Id. at 102. 32. Id. 33. Id. According to the report, the official remains employed with the Cambodian government. Id. \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 6 4-MAR-11 12:19

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Public corruption increases human trafficking not only by facilitating the transport of victims due to the willingness of officials to accept bribes, but also by cultivating a climate fertile for the rapid growth of human trafficking.34 Economic decline due to government mismanagement of public resources impacts women and children by keeping them in a weakened condition through poverty, hunger, and lack of education, thereby making them prime targets of the trafficker.35 Corruption in Nigeria, for example, has been labeled “endemic or systemic” and the corresponding trafficking staggering.36 Commentators caution, however, that an increase in law enforcement activity does not always equate to a reduction in human trafficking.37 Governments focused on criminal measures often fail to provide victims with adequate remedies; this not only deprives victims of their rights, but it also fails to deter trafficking by not holding the traffickers monetarily accountable.38

II. Current Anti-Trafficking Programs and Protocols Focus on Traffickers and Victims, Ignoring the Critical Role Played by Public Corruption A number of extant monitoring and reporting systems contain a mandate to “research, report, review, and recommend” on various aspects of the human-trafficking crisis.39 Focusing on the activities of traffickers and the protection of victims, national and international rapporteurs gather information, interview victims and government representatives, and meet with various NGOs working to combat human trafficking.40

A. International Reporting Mechanisms A number of international reporting mechanisms focus on collecting both qualitative and quantitative data on human trafficking. Many of these reporting mechanisms arise from international protocols and agreements, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),41 the Convention on the Rights of the Child (CRC),42 and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UN Proto- col).43 Both the CEDAW and the CRC require state parties to submit periodic reports documenting their compliance with provisions of the

34. See Osita Agbu, Corruption and Human Trafficking: The Nigerian Case, 4 W. AFR. REV. 1, 4 (2003). 35. Id. at 4– 5. 36. Id. at 3– 5. 37. See, e.g., Willman, supra note 9, at 304. R 38. See id at 304– 07. 39. Mohamed Y. Mattar, Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings, 41 VAND. J. TRANSNAT’L L. 1355, 1409 (2008). 40. Id. 41. G.A. Res. 34/180, art. 17, U.N. Doc. A/RES/34/46 (Dec. 18, 1979). 42. G.A. Res. 44/25, art. 43, U.N. Doc. A/RES/44/49 (Nov. 20, 1989). 43. G.A. Res. 55/25, Annex II, U.N. Doc. A/RES/55/383 (Nov. 15, 2000). \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 7 4-MAR-11 12:19

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conventions, including their anti-trafficking articles.44 The United Nations has appointed a Special Rapporteur on trafficking in persons, especially women and children, who “has the power to investigate the scope of the problem, monitor and report on government actions, receive and inquire into complaints, and make recommendations for policy change.”45 In addition, regional state organizations have encouraged their members to collect internal human-trafficking data. For example, the Organiza- tion for Security and Co-operation in Europe (OSCE), in its 2003 Action Plan, recommended that state parties focus on research “related to victims of trafficking, the character and scale of trafficking in persons, the role of organized criminal groups, identification of the most vulnerable segments of the population, and an analysis of the root causes of trafficking in persons.”46

B. National Reporting Mechanisms In addition to the international research entities and reports, various countries compile their own reports regarding human trafficking. These national reports are usually self-assessments of the government’s response to human trafficking. For example, Sweden has appointed a government ministry, the National Police Board, to serve as the National Rapporteur on Trafficking in Women in Sweden; the national rapporteur assists the police in recording cases of trafficking and proposes measures that the government can take to combat trafficking within Sweden.47 The Netherlands, by contrast, relies on an independent, extra-governmental rapporteur to report annually on trafficking in all persons and other forms of exploitation.48 The United States, like Sweden, assigns responsibility to an agency of the government, the Department of Justice (DOJ), to report on the status of trafficking and the government’s efforts to combat it.49 In addition to the DOJ report, the United States, as discussed supra, publishes TIP reports assessing foreign governments’ efforts in combating trafficking in human beings. These reports categorize foreign governments

44. See CEDAW, supra note 41, art. 18; CRC, supra note 42, art. 44(1); see also Mat- R tar, supra note 39, at 1392– 95. R 45. Mattar, supra note 39, at 1359; Commission on Human Rights, Special Rap- R porteur on Trafficking in Persons, Especially Women and Children, 60th Sess., E/CN.4/ 2004/L62 (Apr. 19, 2004). 46. Mattar, supra note 39, at 1362 (citing Organization for Security and Co-opera- R tion in Europe [OSCE] Action Plan to Combat Trafficking in Human Beings, Annex, 462nd Plenary Meeting, PC.DEC/557 (July 24, 2003)). 47. See Mattar, supra note 39, at 1365– 66; see also Summary of Verbal Submission to R the OSCE by the National Rapporteur on Trafficking in Human Beings, available at http://www.osce.org/what/trafficking/documents/60076 (explaining the purpose of the National Rapporteur and assessing the National Rapporteur’s impact on human trafficking). . 48. See Mattar, supra note 39, at 1368 (citing Press Release, Dutch Ministry of Jus- R tice, Appointment of National Rapporteur on Trafficking in Human Beings (Jan. 27, 2000), available at http://english.justitie.nl/currenttopics/pressreleases/archives2000/- appointment-of-national-rapporteur-on-trafficking-in-human-beings.aspx). 49. See 22 U.S.C. § 7103(d)(7) (2006) (defining the requirements of the Justice Department report). \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 8 4-MAR-11 12:19

40 Cornell International Law Journal Vol. 44 into three tiers according to their current and attempted levels of compliance with the TVPA’s minimum anti-trafficking standards.50 In summary, although many countries, in addition to the three discussed above, require these reports and fund them liberally to send the message that they are supporting anti-trafficking initiatives, such reports routinely fail to mention the link between public corruption and human trafficking, and rarely, if ever, address the role of illegal enterprises in per- petuating that trafficking.

III. Ideas and Proposals First, states should amend their respective national statutes incorpo- rating the 3P paradigm of trafficking prevention, prosecution, and victim prevention to include language specifically recognizing the critical role public corruption plays in facilitating and enabling human trafficking. The 2010 State Department TIP report proposes that the following elements be included in a “good anti-trafficking law”: • A broad definition of the concept of “coercion” that covers its many manifestations in modern forms of slavery, including the threat of physical, financial, or reputational harm sufficiently serious to compel a reasonable person to perform or to continue performing labor or services in order to avoid incurring that harm. • A well-articulated definition of trafficking that facilitates effective law enforcement and prosecutorial responses and allows for the collection of meaningful data. The definition should incorporate all forms of compelled service in addition to forced prostitution. The definition should not simply criminalize the recruitment or transportation of prostituted persons. The definition should not include related but distinct crimes, such as alien smuggling or prostitution. • A mechanism of care provided to all suspected victims of trafficking through which they have the opportunity to access basic services – including shelter, food, medical care, psycho-social counseling, legal aid, and work authorization. • Explicit immigration relief for trafficking victims, regardless of their past legal status, and relief from any legal penalties for unlawful activities committed by victims as a direct result of their trafficking. • Specific protections for child victims of trafficking ensuring a responsible chain of custody and a priority placed on the best interests of the child in all decisions made in providing services to them. • Explicit provisions ensuring identified victims have access to legal redress to obtain financial compensation for the trafficking crimes committed against them. In order to be meaningful, such access must be accompanied by options to obtain immigration relief. Trafficking victims should not be excluded from legal services providers who can assist with these

50. See 22 U.S.C. § 7107(b) (2006) (defining the requirements of the State Depart- ment report). For the first time in 2010, the TIP report included a ranking of U.S. anti- trafficking efforts and “a full, candid narrative on U.S. efforts to combat human trafficking.” 2010 TIP REPORT, supra note 3, at 7. R \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 9 4-MAR-11 12:19

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efforts, whether NGOs or government programs.51 Anti-trafficking statutes should additionally have a specific anti-corruption provision that focuses on the need to research and monitor the role that public corruption plays in a country’s human-trafficking activities52 and allows for a powerful and flexible prosecutorial scheme under which corrupt public officials who benefit from allowing human traffic to flow will be brought to justice. Monitoring the types of public corruption in each prosecution can educate law enforcement regarding the unique method used by a particular trafficker in a particular country, which in turn provides guidance on how to effectively close corrupt loopholes along the trafficker’s route.53 In turn, knowledge of the specific corrupt practice would allow lawmakers to enact legislation targeting those specific practices.54 Some specific recommendations could include the following: • Develop a comprehensive Anti-Corruption Strategy built around the existing public corruption laws, and focused on identifying where the laws could be improved. The Strategy should build on an analysis of the patterns of corruption in the country and be developed in a participatory process. It should propose focused anti-corruption measures or plans for selected institutions. The Strategy must also include effective monitoring and reporting mechanisms. The Strategy should possibly mandate bank suspicious activity reports. • Establish a national multi-stakeholder Anti-Corruption Council to facilitate the development and implementation of the Anti-Corruption Strategy. Stakeholders of the body should include representatives of all branches of government, as well as civil society, as equal partners. • Consider establishing a Special Anti-Corruption Department empowered to detect, investigate, and prosecute corruption offenses. The Department could function as an autonomous Department with a special status integrated in the Prosecutor’s Office with officers seconded from the main law enforcement agencies, and should have investigative, administrative, and analytical specialists, as well as specialized/dedicated prosecutors. The Department would thus not only work on actual corruption cases

51. 2010 TIP REPORT, supra note 3, at 13 (emphasis in original). R 52. See Doha Background Paper, supra note 6, at 32 (“[A] vital step in addressing R trafficking related corruption is the collection of relevant information in order to get a better insight into the problem, which would allow customize[d] knowledge-based responses.”). 53. See Doha Background Paper, supra note 6, at 32 (“States need to start collecting R data on investigations and prosecutions of officials in connection of trafficking (which would also put an obligation on the criminal justice system to collect data and ensure that these types of crime are investigated).”). 54. See Doha Background Paper, supra note 6, at 29 (“In most countries, there are R already anti-corruption measures for public officials in place. Trafficking in persons, however, may require specific prevention measures to address particular risks and vulnerabilities. With regard to special anti-corruption measures for relevant public officials, it would be useful to identify and address the sectors of law enforcement, criminal justice and other public officials whose tasks could be linked to the identification, investigation, prosecution, adjudication and referral, as well as the facilitation of human trafficking cases. Such actors would include but not be limited to border control, customs and immigration authorities, law enforcement and criminal justice actors specialized in trafficking in persons, etc.”). \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 10 4-MAR-11 12:19

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and raise public awareness of the problem but would also facilitate interagency cooperation (including security, law enforcement, and financial/ bank bodies) and would maintain and disseminate statistical findings enabling comparisons among the institutions. • Adopt a protocol for enhanced cooperation, information exchange, and resource sharing between agencies responsible for the fight against organized crime, trans-border trafficking, and smuggling (including drugs, counterfeit items, humans, etc.— these are all part of the same universe of criminality) for the fight against corruption. • Organize corruption-specific joint training for police, prosecutors, judges, and other law enforcement officials; provide adequate resources for the enforcement of anti-corruption legislation; ensure the possibility of effective search and seizure of financial records. • Conduct awareness-raising campaigns and organize training for the public, state officials, and the private sector about the sources and the impact of corruption, about the tools to fight against and prevent corruption, and about the rights of citizens. Second, the extent to which a country’s government is actively working to address and minimize public corruption in general, and particularly the enabling effect of public corruption for human trafficking, should be added to the TVPA’s list of minimum standards for the elimination of trafficking and should be included in the standard reporting produced under the TVPA and under similar national and international protocols.55 The TVPA currently provides for the following minimum standards: (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.56 Although the 2010 TIP Report notes a correlation between levels of public corruption in a given country and its performance under the TVPA’s

55. See, e.g., Doha Background Paper, supra note 6, at 32 (“There is hardly any offi- R cial report that points out how the corruption of public officials has made trafficking from, through or to their country possible. If reference is made to reported cases, such cases are treated as exceptions, but not collected systematically, to examine patterns of corruption in trafficking in persons and to be used as evidence or indicator for the existence or non-existence of systemic corruption of public officials in this context.”). 56. 22 U.S.C. § 7106(a). \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 11 4-MAR-11 12:19

2011 Greasing the Palm 43 tier system,57 the explicit degree of connection between public corruption in a country and the prevalence of human trafficking within that country is not specifically included within the TIP reports58 nor made part of a country’s placement within the TVPA’s three-tier system.59 Third, currently thirty-eight countries are members of the Organiza- tion for Economic Cooperation and Development (OECD) Anti-Bribery Convention60 and have adopted various pieces of legislation to enforce the Convention’s goals of combating bribery.61 The Anti-Bribery Convention became effective on February 15, 1999.62 The member countries agreed to take action to ensure that their national governments pass legislation to ratify and implement the Convention.63 Specifically, the Convention directs its members to adopt domestic legislation criminalizing bribery of foreign public officials.64 In addition, member countries agree to sanction offenders and share information relevant to criminal investigations.65 The OECD has also implemented a peer review system, whereby the OECD

57. See 2010 TIP REPORT, supra note 3, at 28 (“[I]t appears governments ranked Tier R 3 and Tier 2 Watch List more closely track Freedom House’s low-performing civil liberties scale than do those countries ranked Tier 2 and Tier 1. These poor-performing governments, on average, rank significantly “higher” on this scale, reflecting lower freedoms.”). 58. See 2010 TIP REPORT, supra note 3, at 20– 21 (listing the factors reflected by the R tier rankings and country narratives but making no mention of public corruption or government complicity in human trafficking). 59. See id. at 20, 22. Because tier placement is “based on the extent of governments’ efforts to reach compliance with the TVPA’s minimum standards for the elimination of human trafficking” and the standards themselves do not include corruption as a factor, tier placement would not necessarily take into account the impact of corruption on human trafficking. Id. at 20. 60. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Dec. 18, 1997, S. Treaty Doc. No. 105-43, 37 I.L.M. 1, available at http://www.oecd.org/dataoecd/4/18/38028044.pdf [hereinafter OECD Convention]; OECD, RATIFICATION STATUS AS OF MARCH 2009, available at http://www.oecd.org/data oecd/59/13/40272933.pdf. The 38 parties to the OECD Convention are the 34 OECD member countries and the following non-OECD countries: Argentina, Brazil, Bulgaria, and South Africa. OECD, ABOUT THE NEW RECOMMENDATION FOR FURTHER COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS 2, available at http://www.oecd.org/dataoecd/34/15/44281002.pdf [hereinafter RECOMMENDATION EXPLANATION]. 61. OECD, OECD ANTI-BRIBERY CONVENTION: NATIONAL IMPLEMENTING LEGISLATION, http://www.oecd.org/document/30/0,3343,en_2649_34859_2027102_1_1_1_1,00. html. 62. OECD, OECD ANTI-BRIBERY CONVENTION: ENTRY INTO FORCE OF THE CONVENTION, http://www.oecd.org/document/12/0,3343,en_2649_34859_2057484_1_1_1_1,00. html. 63. Id. 64. See OECD Convention, supra note 60, art. 1. Under the OECD Convention, the R offence of “bribery of a foreign public official” is defined as (1) “intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business;” and (2) “complicity in, including incitement, aiding and abetting, or authorisation of an act of bribery of a foreign public official.” Id. 65. Id. art. 3, art. 9. \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 12 4-MAR-11 12:19

44 Cornell International Law Journal Vol. 44 monitors and publishes an assessment of each member nation’s efforts to implement the Convention’s goals.66 This oversight is essential because the Convention’s goal of uniform and aggressive sanctions against bribery of public officials relies upon the continued commitment of each member nation.67 On December 9, 2009, the OECD released the OECD Recommenda- tion for Further Combating Bribery of Foreign Public Officials.68 The Rec- ommendation elucidates how the Convention can more effectively investigate and deter foreign bribery.69 The OECD Working Group on Bribery, comprised of representatives from each member nation, is responsible for implementing the goals set forth in the Recommendation.70 Spe- cifically, the Recommendation calls on the state parties to improve the cooperation and sharing of information between member nations, shield whistle blowers from retaliation, and interact more closely with the private sector to adopt ethics programs.71 For the first time since the Working Group convened, it published data in June 2010 regarding the countries’ enforcement of the provisions of the Convention.72 Although a significant number of prosecutions occurred,73 a more careful review of the individual countries’ enforcement procedures reveals that only eleven of the thirty-eight signatory countries have sanctioned an individual or entity under anti-bribery laws they enacted pursu-

66. Id. art. 12 (“The Parties shall co-operate in carrying out a programme of systematic follow-up to monitor and promote the full implementation of this Convention. Unless otherwise decided by consensus of the Parties, this shall be done in the framework of the OECD Working Group on Bribery in International Business Transactions and according to its terms of reference, or within the framework and terms of reference of any successor to its functions . . . .”); OECD, COUNTRY REPORTS ON THE IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION, http://www.oecd.org/document/24/0,3343,en _2649_34859_1933144_1_1_1_1,00.html. 67. See OECD Convention, supra note 60, Preamble (“Recognising that achieving R progress in this field requires not only efforts on a national level but also multilateral cooperation, monitoring and follow-up.”). 68. OECD, RECOMMENDATION OF THE COUNCIL FOR FURTHER COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS, available at http:// www.oecd.org/dataoecd/11/40/44176910.pdf [hereinafter OECD RECOMMENDATION]; RECOMMENDATION EXPLANATION, supra note 60, at 1. R 69. See, e.g., OECD RECOMMENDATION, supra note 68, ¶ IV. (“Recommends, in order R to ensure the vigorous and comprehensive implementation of the OECD Anti-Bribery Convention, that Member countries should take fully into account the Good Practice Guidance on Implementing Specific Articles of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, set forth in Annex I hereto, which is an integral part of this Recommendation.”); id. ¶ V. (“Recommends that Member countries undertake to periodically review their laws implementing the OECD Anti-Bribery Convention and their approach to enforcement in order to effectively combat international bribery of foreign public officials.”); see also RECOMMENDATION EXPLA- NATION, supra note 60, at 1. R 70. OECD RECOMMENDATION, supra note 68, ¶ XIV. R 71. Id. ¶ XIII, ¶ IX, ¶ X (C); RECOMMENDATION EXPLANATION, supra note 60, at 1. R 72. OECD, WORKING GROUP ON BRIBERY DATA ON ENFORCEMENT OF THE ANTI-BRIBERY CONVENTION, available at http://www.oecd.org/dataoecd/11/15/45450341.pdf. 73. There were 138 total convictions of individuals, 49 total convictions of legal persons, 32 total acquittals of individuals, and 0 acquittals of legal persons. Id. \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 13 4-MAR-11 12:19

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ant to the provisions of the Convention.74 Countries should be encouraged to adopt the 2009 Recommendation out of the recognition that public corruption affects illegal businesses as well as legal ones. By placing human trafficking bribes on the same level as any other corrupt business practice, countries will demonstrate their awareness that public corruption acts as the grease that moves this extremely profitable financial enterprise. Given that human trafficking ties with the illegal arms industry as the second-largest criminal industry behind only drug trafficking,75 it clearly qualifies as a corrupt business whose shareholders reap huge financial benefits. Moreover, human trafficking is the fastest-growing criminal industry, so attention to the public- corruption aspect of the crime cannot occur too quickly.76 The Anti-Bribery Convention has a powerful, yet largely underutilized, role in the human trafficking problem. As an initial matter, the OECD should take proactive steps to increase the number of member nations. This, however, is no easy task, especially for those nations in which corruption has already taken root in the political system. Membership in the Con- vention is important because once a nation joins the Convention, the OECD can use its aggregate power to put pressure on the member nation to comply fully with the Convention’s goals. As of now, under the 2009 Rec- ommendation, a member nation that fails to comply with the Convention is subject to “strong pressure” from the OECD to fix the problem,77 which may take the form of dispatching a high-level mission to the non-compliant country, sending a letter to the country’s officials, or issuing a formal public statement.78 The Convention should explore using more robust methods to hold its members accountable. Further, in order to add teeth to the enforcement provisions so sorely lacking in this first review of the Conven- tion members’ enforcement actions, countries should be encouraged to adopt Mutual Legal Assistance Treaties (MLATs) as part of their anti- human trafficking statutes and protocols. These MLATs would provide for the sharing of evidence across borders in order to effectively prosecute corrupt officials along the entire chain of the trafficking enterprise. MLATs are agreements between countries to facilitate judicial cooperation and the collection and exchange of information.79 The treaties allow enforcement authorities to cooperate in their investigations and prosecutions of individuals and corporations overseas for criminal violations.80 Prior to the proliferation of MLATs, the United States relied on letters rogatory to

74. Id. 75. U.S. Dep’t Of Health and Human Services, Admin. For Children and Families, Human Trafficking Fact Sheet (2010), http://www.acf.hhs.gov/trafficking/about/index. html. 76. Id. 77. RECOMMENDATION EXPLANATION, supra note 60. R 78. Id. 79. S. Comm. On Foreign Rel., Mutual Legal Assistance Treaties with the European Union: Report, S. Exec. Rep. No. 110– 13, at 3 (2008) [hereinafter MLAT Report]. 80. Id. \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 14 4-MAR-11 12:19

46 Cornell International Law Journal Vol. 44 obtain evidence abroad in criminal cases.81 Letters rogatory, however, are often only issued if there is already a related civil or criminal judicial proceeding before a U.S. court and do not obligate the foreign court to assist in the request.82 MLATs, in contrast, are obligations between states that may be invoked earlier in the investigation and can be used to immobilize assets, summon witnesses, or compel the production of documents.83 In February 2010, the United States and the European Union entered into a new MLAT, and the United States and each of the EU Member States either entered into new MLATs or adopted changes to existing MLATs to include certain modern provisions on mutual legal assistance.84 The over- arching MLAT “enhances and modernizes law enforcement and judicial cooperation by, among other things: allowing prompt identification of financial account information in criminal investigations; permitting the acquisition of evidence, including testimony, by means of video conferenc- ing; and authorizing the participation of U.S. criminal investigators and prosecutors in joint investigative teams in the EU.”85 Currently, the United States has bilateral MLATs in force with every EU Member State,86 many of

81. Id at 2 (“A ‘letter rogatory’ is generally used to refer to a formal communication in writing that is sent by a court in which an action is pending to a court in a foreign country, requesting that certain evidence or the testimony of a person within the latter’s jurisdiction be formally obtained for use in the requesting court’s pending action.”); See also Robert J. Currie, Human Rights and International Mutual Legal Assistance: Resolving the Tension, 11 CRIM. L.F. 143, 146 (2000). 82. See RESTATEMENT (THIRD) OF FOREIGN RELATIONS § 474 (2) (1987); id. cmt. h; MLAT Report, supra note 79, at 2– 3 (“The State Department advises that the letter-roga- R tory process can often take a year or more and, unless undertaken pursuant to an international agreement, compliance is a matter of judicial discretion. Furthermore, the scope of foreign judicial assistance might also be limited by domestic information-sharing laws, such as bank and business secrecy laws, or be confined to evidence relating to pending cases rather than preliminary, administrative, or grand jury investigations conducted prior to the filing of formal charges.”). 83. See Treaty on Mutual Legal Assistance in Criminal Matters, U.S.-Japan (Treaty Doc. No. 108-12), Aug. 5, 2003, http://www.gpo.gov/fdsys/pkg/CDOC-108tdoc12/pdf/ CDOC-108tdoc12.pdf, Treaty on Mutual Legal Assistance in Criminal Matters, U.S.- F.R.G. (Treaty Doc. No. 108-27), Oct. 14, 2003, http://www.gpo.gov/fdsys/pkg/CDOC- 108tdoc27/pdf/CDOC-108tdoc27.pdf, Extradition Treaty, U.S.-U.K. (Treaty Doc. No. 108-23), Mar. 31, 2003, http://www.gpo.gov/fdsys/pkg/CDOC-108tdoc23/pdf/CDOC- 108tdoc23.pdf, and Protocol Amending the Convention on Extradition, U.S.-Isr. (Treaty Doc. No. 109-3), July 6, 2005, http://www.gpo.gov/fdsys/pkg/CDOC-109tdoc3/pdf/ CDOC-109tdoc3.pdf. Law Enforcement Treaties: Hearing Before the S. Comm. on Foreign Rel., 109th Cong. 8 (2005) (statement of Mary Ellen Warlow, Director, Office of Interna- tional Affairs, Criminal Division, Department of Justice) (“MLATs . . . confer a binding legal obligation to provide assistance if the requirements of the treaty are met. MLATs are broad in scope, and provide for assistance at the investigatory stage, usually without the requirement of dual criminality.”); Eric S. Rein & Bethany N. Schols, Creative New Mechanisms for Banks to Recover Stolen Collateral, 122 BANKING L. J. 725, 726– 27 (2005). 84. See Treaty on Mutual Legal Assistance, U.S.-E.U., (Treaty Doc. No. 109– 13), June 25, 2003, http://thomas.loc.gov/cgi-bin/trtys2gpo.script/http://www.gpo.gov/fdsys/ pkg/CDOC-109tdoc13/pdf/CDOC-109tdoc13.pdf; MLAT Report, supra note 79, at 3; R Press Release, Dep’t of Justice, U.S./EU Agreements on Mutual Legal Assistance and Extradition Enter into Force (Feb. 1, 2010), http://www.justice.gov/opa/pr/2010/Febru- ary/10-opa-108.html [hereinafter DOJ Press Release]. 85. DOJ Press Release, supra note 84. R 86. MLAT Report, supra note 79, at 3– 4. R \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 15 4-MAR-11 12:19

2011 Greasing the Palm 47 the Organization of American States member states,87 and other countries around the world.88 These MLATs are an innovative and vital resource for U.S. enforcement authorities and prosecutors.

Conclusion The role of public corruption in the creation, facilitation, and continuation of international human trafficking cannot be underestimated. Although academics, world leaders, and NGOs have focused their efforts on the protection of the victim and the prosecution of the offenders, those efforts will be fruitless without also combating official corruption along traffickers’ routes. Awareness of the role that public corruption plays in aiding and abetting this lucrative illegal business will aid law enforcement to investigate and prosecute the offenders more effectively. The collection of data showing the specific methods of trafficking within a particular country will provide lawmakers with the information necessary to combat the crime through effective legislation. Countries should be encouraged to join the Anti-Bribery Convention and to adopt criminal sanctions that target corrupt acts. Finally, to facilitate their investigation and prosecution of corruption, countries should consider entering into MLATs with other countries to allow for the trans-border sharing of information and evidence.

87. See, e.g., Treaty on Mutual Legal Assistance in Criminal Matters, U.S.-Venez., (Treaty Doc. No. 105-38), Oct. 12, 1997, http://www.gpo.gov/fdsys/pkg/CDOC-105 tdoc38/pdf/CDOC-105tdoc38.pdf; Treaty on Mutual Legal Assistance Cooperation U.S.- Mex., (Treaty Doc. No. 100-13), Dec. 9, 1987, http://thomas.loc.gov/cgi-bin/ntquery/D? trtys:10:./temp/~trtysmUe8Fm::; Treaty on Mutual Legal Assistance in Criminal Mat- ters, U.S.-Can., (Treaty Doc. No. 100-14), Mar. 18, 1985, http://thomas.loc.gov/cgi-bin/ ntquery/D?trtys:9:./temp/~trtysHtcHtA::. 88. See, e.g., Treaty on Mutual Legal Assistance in Criminal Matters, U.S.-India, (Treaty Doc. No. 107-3), Oct. 17, 2001, http://www.gpo.gov/fdsys/pkg/CDOC-107tdoc 3/pdf/CDOC-107tdoc3.pdf; Treaty on Mutual Legal Assistance in Criminal Matters, U.S.-S. Afr., (Treaty Doc. No. 106-36), Sep. 16, 1999, http://www.gpo.gov/fdsys/pkg/ CDOC-106tdoc36/pdf/CDOC-106tdoc36.pdf; Treaty on Mutual Legal Assistance in Criminal Matters, U.S.-Isr., (Treaty Doc. No. 105-40), Jan. 26, 1998, http://www.gpo. gov/fdsys/pkg/CDOC-105tdoc40/pdf/CDOC-105tdoc40.pdf. \\jciprod01\productn\C\CIN\44-1\CIN104.txt unknown Seq: 16 4-MAR-11 12:19

NATIONAL HUMAN TRAFFICKING RESOURCE CENTER (NHTRC) DATA BREAKDOWN United States Report 1/1/2015 – 12/31/2015

OVERVIEW OF INCOMING SIGNALS

The following information is based on incoming signals made to the NHTRC from January 1, 2015 – December 31, 2015 about human trafficking cases and issues related to human trafficking in the United States and U.S. territories. Signals refer to incoming communications with the NHTRC and can take the form of phone calls, online tip reports, or emails. Signals regarding topics unrelated to human trafficking are not included in this report. In 2015, the NHTRC received a total of 24,757 signals nationwide.

21,947 Phone Calls 1,275 Emails 1,535 Online Tip Reports

SUBSTANTIVE CALL DATA

The following statistics are based solely on substantive calls about human trafficking and issues related to human trafficking made to the NHTRC between January 1, 2015 and December 31, 2015. Substantive calls exclude hang- ups, missed calls, wrong numbers, and calls in which the caller’s reason for calling is unknown.

CALLER TYPE # OF CALLS % OF CALLS Community Member 5,833 26.6% Victim of Trafficking 3,506 16.0% NGO Representative 2,293 10.4% Other 1,546 7.0% Family of Trafficking Victim 1,383 6.3% Victim of Labor Exploitation 1,305 5.9% Victim of Other Crime 1,303 5.9% Law Enforcement 663 3.0% Government Official 645 2.9% Student 555 2.5% Friend of Trafficking Victim 462 2.1% Medical Professional 415 1.9% Not Specified 392 1.8% Legal Professional 294 1.3% Faith-Based Representative 232 1.1% Trucker 208 0.9% Educator/School Personnel 182 0.8%

This publication was made possible in part through Grant Number 90ZV0102 from the Office on Trafficking in Persons, Administration for Children and Families, U.S. Department of Health and Human Services (HHS). Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Office on Trafficking in Persons, Administration for Children and Families, or HHS.

Mental Health Professional 169 0.8% Business 138 0.6% Press/Media 113 0.5% Acquaintance of Trafficker 98 0.4% Buyer of Commercial Sex 82 0.4% Contact from the NHTRC Database 43 0.2% Visa Holder 29 0.1% Airline/Airport Personnel 23 0.1% Military Personnel 15 0.1% Truck Stop Employee 9 0.04% 211/311 Operator 4 0.02% Foreign Government Official 3 0.01% Potential Trafficker 3 0.01% Caller Types Referenced Fewer than Three Times* 1 0.005% TOTAL # OF SUBSTANTIVE CALLS 21,947 100.0%

*To protect the identity of the people we serve, the NHTRC does not disclose exact statistics related to venues, industries, victim information, or caller information referenced fewer than three times.

HOW DID CALLER FIND NHTRC (WHERE KNOWN) # OF CALLS % OF CALLS Internet-Web Search 878 23.8% Referral 755 20.4% Word of Mouth 461 12.5% Department of State Know Your Rights Pamphlet 286 7.7% Television 271 7.3% Other 169 4.6% Conference/Training/Presentation 165 4.5% Polaris 122 3.3% Pamphlet/Brochure/Leaflet 115 3.1% Poster 98 2.7% Awareness Campaign 70 1.9% Other Media 55 1.5% Newspaper-Magazine 51 1.4% Billboard 45 1.2% Rescue and Restore Campaign 39 1.1% Radio 36 1.0% DHS Blue Campaign 21 0.6% 211/311 18 0.5% Film 15 0.4% Backpage.com 12 0.3% DOJ Trafficking Hotline 3 0.1%

Newsletter 3 0.1% Directory/Phonebook 2 0.1% UNICEF 2 0.1% FBI Website 1 0.0% TOTAL # OF CALLS WHERE HOW CALLER FOUND NHTRC IS KNOWN 3,693 100.0%

CALLS BY CALLER’S LOCATION (STATE) # OF CALLS % OF CALLS California 3,609 18.3% Texas 1,731 8.8% Florida 1,518 7.7% Ohio 1,066 5.4% New York 924 4.7% Michigan 717 3.6% Georgia 641 3.3% Virginia 624 3.2% Illinois 555 2.8% New Jersey 543 2.8% Pennsylvania 514 2.6% North Carolina 463 2.4% Maryland 454 2.3% Washington 410 2.1% Missouri 365 1.9% Arizona 355 1.8% Colorado 310 1.6% District of Columbia 298 1.5% Nevada 277 1.4% Louisiana 276 1.4% Tennessee 262 1.3% Massachusetts 258 1.3% Kentucky 257 1.3% Oregon 252 1.3% Indiana 243 1.2% South Carolina 233 1.2% Wisconsin 227 1.2% Minnesota 224 1.1% Alabama 186 0.9% International Location 164 0.8% Iowa 146 0.7% Oklahoma 146 0.7% Kansas 126 0.6%

Connecticut 120 0.6% Arkansas 109 0.6% Mississippi 107 0.5% Utah 101 0.5% Nebraska 101 0.5% New Mexico 90 0.5% Hawaii 68 0.3% Montana 66 0.3% South Dakota 64 0.3% Maine 59 0.3% Idaho 58 0.3% West Virginia 48 0.2% North Dakota 48 0.2% U.S. Territories 47 0.2% New Hampshire 47 0.2% Rhode Island 40 0.2% Alaska 37 0.2% Wyoming 32 0.2% Delaware 28 0.1% Vermont 28 0.1% TOTAL # OF CALLS WHERE CALLER’S LOCATION IS KNOWN 19,672 100.0%

HUMAN TRAFFICKING CASE DATA

Each request submitted to the hotline is evaluated for evidence of potential human trafficking. In the United States, a total of 5,544 unique cases (incidents) of potential human trafficking were reported to the hotline in 2015.

PRIMARY REASON FOR CONTACTING THE NHTRC # OF CASES % OF CASES Report a Trafficking Tip 3,291 59.4% Access Service Referrals 1,750 31.6% Request Crisis Assistance 368 6.6% Request General Information* 88 1.6% Request T&TA* 47 0.8% TOTAL # OF CASES 5,544 100.0%

*In some instances, an individual who is aware of a specific situation of potential trafficking may contact the NHTRC for general information about human trafficking or to learn more about services available to trafficking victims. In other instances, service providers or law enforcement working with a victim of trafficking may contact the NHTRC for technical assistance.

VENUE/INDUSTRY OF POTENTIAL TRAFFICKING # OF CASES % OF CASES Sex 4,136 74.6% Commercial Front Brothel 426 7.7% Hotel/Motel-Based 413 7.4% Online Ad, Venue Not Specified* 353 6.4% Residential Brothel 233 4.2% Street-Based 204 3.7% Escort/Delivery Service 153 2.8% Other Venue 142 2.6% Pornography 128 2.3% Truck Stop-Based 85 1.5% Hostess/Strip Club 43 0.8% Bar/Club-Based 35 0.6% Legal Brothel 3 0.1% Sex Tourism 3 0.1% Venue Not Specified 1,915 34.5% Labor 721 13.0% Domestic Work 131 2.4% Agriculture/Farms 75 1.4% Traveling Sales Crew 68 1.2% Restaurant/Food Service 54 1.0% Health & Beauty Services 35 0.6% Hospitality 27 0.5% Begging Ring 20 0.4% Retail/Other Small Business 19 0.3% Peddling Ring 19 0.3% Illicit Activity 19 0.3% Arts & Entertainment 16 0.3% Other Industry 15 0.3% Construction 14 0.3% Landscaping Service 13 0.2% Hostess/Strip Club 12 0.2% Housekeeping/Cleaning Service 11 0.2% Factory 9 0.2% Traveling Carnival 7 0.1% Forestry/Reforestation 7 0.1% Education 7 0.1% Professional/Scientific/Tech Services 7 0.1% Transportation 6 0.1%

Health Care 6 0.1% Industries Referenced in Fewer than Three Cases** 6 0.1% Industry Not Specified 118 2.1% Sex & Labor 178 3.2% Trafficking Type Not Specified*** 509 9.2% TOTAL # OF POTENTIAL TRAFFICKING CASES 5,544 100.0%

*These cases typically involve reports of sex trafficking in which an individual is advertised for commercial sex online but the venue of the sex act is unknown or not specified. **To protect the identity of the people we serve, the NHTRC does not disclose exact statistics related to venues, industries, victim information or caller information referenced fewer than three times. ***This typically occurs when a law enforcement agent or service provider contacts the NHTRC for resources and referrals but does not disclose details about the trafficking situation due to confidentiality. This category also includes cases in which the person reporting the information references human trafficking but does not provide further detail regarding the presence of labor or commercial sex. These cases are often submitted to the NHTRC through anonymous online tip reports.

VICTIM DEMOGRAPHICS* (LABOR TRAFFICKING CASES) # OF CASES % OF CASES Adults 581 80.6% Minors 114 15.8% Females 411 57.0% Males 333 46.2% Transgender Females 3 0.4% Transgender Males 3 0.4% Gender Non-Conforming Individuals Fewer than Three** N/A US Citizens/Legal Permanent Residents 107 14.8% Foreign Nationals 453 62.8% NON-CUMULATIVE*

*These statistics are non-cumulative. Cases may involve multiple victims and include female, male, transgender and gender non-conforming individuals, foreign nationals and U.S. citizens, adults and minors. In some cases, demographic information is not reported. This table shows the number of cases referencing each demographic and not the number of individual victims. **To protect the identity of the people we serve, the NHTRC does not disclose exact statistics related to venues, industries, victim information or caller information referenced fewer than three times.

VICTIM DEMOGRAPHICS* (SEX TRAFFICKING CASES) # OF CASES % OF CASES Adults 2,594 62.7% Minors 1,379 33.3% Females 3,780 91.4% Males 168 4.1% Transgender Females 32 0.8% Transgender Males 0 0.0% Gender Non-Conforming Individuals 4 0.1% US Citizens/Legal Permanent Residents 1,435 34.7% Foreign Nationals 399 9.6% NON-CUMULATIVE*

POTENTIAL VICTIM(S) COUNTRY OR COUNTRIES OF ORIGIN # OF CASES % OF CASES United States 1,660 29.9% Mexico 109 2.0% China 75 1.4% Multiple Nationalities Referenced** 67 1.2% Philippines 59 1.1% Nationalities Referenced in Fewer than Three Cases*** 47 0.8% Guatemala 30 0.5% Honduras 28 0.5% South Korea 24 0.4% El Salvador 20 0.4% India 19 0.3% Vietnam 17 0.3% Russia 15 0.3% Thailand 15 0.3% Nigeria 10 0.2% Other 9 0.2% Kenya 8 0.1% Jamaica 8 0.1% Colombia 7 0.1% Peru 6 0.1% South Africa 6 0.1% Brazil 5 0.1% Japan 5 0.1% Ethiopia 5 0.1% Cuba 5 0.1% Ukraine 4 0.1% Venezuela 4 0.1% United Kingdom 4 0.1% Romania 4 0.1% Ghana 4 0.1% Israel 4 0.1% Belize 3 0.1% Rwanda 3 0.1% Turkey 3 0.1%

Tanzania 3 0.1% Singapore 3 0.1% Liberia 3 0.1% Haiti 3 0.1% Spain 3 0.1% Unknown / Not Specified * 3,237 58.4% GRAND TOTAL 5,544 100.0%

*In some cases, demographic information is not reported to the NHTRC. ** Cases may involve victims of multiple nationalities. *** To protect the identity of the potential victims involved, the NHTRC does not disclose specific nationalities referenced in fewer than three cases.

LOCATION OF POTENTIAL TRAFFICKING CASES (WHERE KNOWN)*

*These maps only reflect cases in which the location of the potential trafficking was known. Some cases may involve more than one location and are not reflected in this map.

*****

Important Note: The data displayed in this report was generated based on information communicated to the National Human Trafficking Resource Center hotline via phone, email, and online tip report. The NHTRC cannot verify the accuracy of the information reported. This is not a comprehensive report on the scale or scope of human trafficking within the state. These statistics may be subject to change as new information emerges.

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Federal Register Presidential Documents Vol. 77, No. 191

Tuesday, October 2, 2012

Title 3— Executive Order 13627 of September 25, 2012

The President Strengthening Protections Against Trafficking in Persons in Federal Contracts

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act (40 U.S.C. 101 et seq.) and the Trafficking Victims Protection Act of 2000, as amended (TVPA) (Public Law 106–386, Division A), and in order to strengthen protections against trafficking in persons in Federal contracting, it is hereby ordered as follows: Section 1. Policy. More than 20 million men, women, and children throughout the world are victims of severe forms of trafficking in persons (‘‘trafficking’’ or ‘‘trafficking in persons’’)—defined in section 103 of the TVPA, 22 U.S.C. 7102(8), to include 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 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. The United States has long had a zero-tolerance policy regarding Government employees and contractor personnel engaging in any form of this criminal behavior. As the largest single purchaser of goods and services in the world, the United States Government bears a responsibility to ensure that taxpayer dollars do not contribute to trafficking in persons. By providing our Govern- ment workforce with additional tools and training to apply and enforce existing policy, and by providing additional clarity to Government contractors and subcontractors on the steps necessary to fully comply with that policy, this order will help to protect vulnerable individuals as contractors and subcontractors perform vital services and manufacture the goods procured by the United States. In addition, the improved safeguards provided by this order to strengthen compliance with anti-trafficking laws will promote economy and efficiency in Government procurement. These safeguards, which have been largely modeled on successful practices in the private sector, will increase stability, productivity, and certainty in Federal contracting by avoiding the disruption and disarray caused by the use of trafficked labor and resulting investigative and enforcement actions. Sec. 2. Anti-Trafficking Provisions. (a) Within 180 days of the date of this order, the Federal Acquisition Regulatory (FAR) Council, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive departments and agencies (agencies) as the FAR Council determines to be appropriate, shall take steps necessary to amend the Federal Acquisition Regulation to: (1) strengthen the efficacy of the Government’s zero-tolerance policy on trafficking in persons by Federal contractors and subcontractors in solicitations, contracts, and subcontracts for supplies or services (including construction and commercial items), by: (A) expressly prohibiting Federal contractors, contractor employees, subcontractors, and subcontractor employees from engaging in any of the following types of trafficking-related activities:

60030 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents

(i) using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work; (ii) charging employees recruitment fees; (iii) destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity documents, such as passports or drivers’ licenses; and (iv) for portions of contracts and subcontracts: (I) performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract; (II) not covered by subsection (a)(1)(A)(iv)(I) of this section, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee; provided, however (III) that the requirements of subsections (a)(1)(A)(iv)(I) and (II) shall not apply to: (aa) an employee who is legally permitted to remain in the country of employment and who chooses to do so; or (bb) an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action; (v) other specific activities that the FAR Council identifies as directly supporting or promoting trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract or subcontract; (B) requiring contractors and their subcontractors, by contract clause, to agree to cooperate fully in providing reasonable access to allow contracting agencies and other responsible enforcement agencies to conduct audits, investigations, or other actions to ascertain compliance with the TVPA, this order, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (C) requiring contracting officers to notify, in accordance with agency procedures, the agency’s Inspector General, the agency official responsible for initiating suspension or debarment actions, and law enforcement, if appropriate, if they become aware of any activities that would justify termination under section 106(g) of the TVPA, 22 U.S.C. 7104(g), or are inconsistent with the requirements of this order or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor, and further requiring that the agency official responsible for initiating suspension and debarment actions consider whether suspension or debarment is necessary in order to protect the Government’s interest; (2) except as provided in subsection (a)(3) of this section, ensure that provisions in solicitations and clauses in contracts and subcontracts, where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, include the following

Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents 60031

requirements pertaining to the portion of the contract or subcontract performed outside the United States: (A) that each such contractor and subcontractor maintain a compliance plan during the performance of the contract or subcontract that is appropriate for the size and complexity of the contract or subcontract and the nature and scope of the activities performed, including the risk that the contract or subcontract will involve services or supplies susceptible to trafficking. The compliance plan shall be provided to the contracting officer upon request, and relevant contents of the plan shall be posted no later than the initiation of contract performance at the workplace and on the contractor or subcontractor’s Web site (if one is maintained), and shall, at a minimum, include: (i) an awareness program to inform employees about: (I) the policy of ensuring that employees do not engage in trafficking in persons or related activities, including those specified in subsection (a)(1)(A) of this section, the procurement of commercial sex acts, or the use of forced labor; and (II) the actions that will be taken against employees for violation of such policy; (ii) a process for employees to report, without fear of retaliation, any activity that would justify termination under section 106(g) of the TVPA, or is inconsistent with the requirements of this order, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; (iii) a recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance; (iv) a housing plan, if the contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host country housing and safety standards or explains any variance; and (v) procedures to prevent subcontractors at any tier from engaging in trafficking in persons, including those trafficking-related activities described in subsection (a)(1)(A) of this section, and to monitor, detect, and terminate any subcontractors or subcontractor employees that have engaged in such activities; and (B) that each such contractor and subcontractor shall certify, prior to receiving an award and annually thereafter during the term of the contract or subcontract, that: (i) it has the compliance plan referred to in subsection (a)(2)(A) of this section in place to prevent trafficking-related activities described in section 106(g) of the TVPA and this order; and (ii) either, to the best of its knowledge and belief, neither it nor any of its subcontractors has engaged in any such activities; or, if abuses have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions; (3) specify that the requirements in subsections (a)(2)(A) and (B) of this section shall not apply with respect to contracts or subcontracts for commercially available off-the-shelf items. (b) Not later than 1 year after the date of this order, the member agencies of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF), established pursuant to section 105 of the TVPA, 22 U.S.C. 7103, shall jointly establish a process for evaluating and identifying, for Federal contracts and subcontracts performed substantially within the United States, whether there are industries or sectors with a history (or where there is current evidence) of trafficking-related or forced labor activities described in section 106(g) of the TVPA, in subsection (a)(1)(A) of this section, or any other applicable law or regulation establishing restrictions

60032 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents

on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor. Where the PITF has identified such industries or sectors, it shall notify agencies of these designations, and individual agencies shall, in consultation with the Office of Federal Procurement Policy of the Office of Management and Budget, adopt and publish appropriate safeguards, guidance, and compliance assistance to prevent trafficking and forced labor in Federal contracting in these identified areas. Sec. 3. Guidance and Training. (a) The Administrator for Federal Procure- ment Policy shall: (1) in consultation with appropriate management councils, such as the Chief Acquisition Officers Council, provide guidance to agencies on developing appropriate internal procedures and controls for awarding and administering Federal contracts to improve monitoring of and compliance with actions to prevent trafficking in persons, consistent with section 106 of the TVPA, including the development of methods to track the number of trafficking violations reported and remedies applied; and (2) in consultation with the Federal Acquisition Institute and appropriate management councils, such as the Chief Acquisition Officers Council: (A) develop methods to track the number of Federal employees trained; and (B) implement training requirements to ensure that the Federal acquisition workforce is trained on the policies and responsibilities for combating trafficking, including on: (i) applicable laws, regulations, and policies; and (ii) internal controls and oversight procedures implemented by the agency, including enforcement procedures available to the agency to investigate, manage, and mitigate contractor and subcontractor trafficking violations. (b) The member agencies of PITF shall jointly facilitate the sharing of information that may be used by acquisition, program, and other offices within agencies to evaluate where the risk of trafficking in persons may be height- ened based on the nature of the work to be performed, the place of performance, and any other relevant considerations. Sec. 4. Effective Date. This order shall become effective immediately and shall apply to solicitations issued on or after the effective date for the action taken by the FAR Council under subsection 2(a) of this order. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to an executive department, agency, or the head thereof; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents 60033

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, Washington, September 25, 2012.

[FR Doc. 2012–24374 Filed 10–1–12; 8:45 am] Billing code 3295–F3–P Modern Slavery Act 2015

CHAPTER 30

Explanatory Notes have been produced to assist in the understanding of this Act and are available separately

£14.25

Modern Slavery Act 2015

CHAPTER 30

CONTENTS

PART 1

OFFENCES

Offences 1 Slavery, servitude and forced or compulsory labour 2 Human trafficking 3 Meaning of exploitation 4 Committing offence with intent to commit offence under section 2

Penalties and sentencing 5Penalties 6Sentencing 7 Confiscation of assets 8 Power to make slavery and trafficking reparation orders 9 Effect of slavery and trafficking reparation orders 10 Slavery and trafficking reparation orders: supplementary provision 11 Forfeiture of land vehicle, ship or aircraft

Supplementary 12 Detention of land vehicle, ship or aircraft 13 Interpretation of Part 1

PART 2

PREVENTION ORDERS

Slavery and trafficking prevention orders 14 Slavery and trafficking prevention orders on sentencing ii Modern Slavery Act 2015 (c. 30)

15 Slavery and trafficking prevention orders on application 16 Meaning of “relevant offender” 17 Effect of slavery and trafficking prevention orders 18 Prohibitions on foreign travel 19 Requirement to provide name and address 20 Variation, renewal and discharge 21 Interim slavery and trafficking prevention orders 22 Appeals

Slavery and trafficking risk orders 23 Slavery and trafficking risk orders 24 Effect of slavery and trafficking risk orders 25 Prohibitions on foreign travel 26 Requirement to provide name and address 27 Variation, renewal and discharge 28 Interim slavery and trafficking risk orders 29 Appeals

Offences and supplementary provision 30 Offences 31 Cross-border enforcement 32 Rules of court 33 Guidance to chief officers of police etc 34 Interpretation of Part 2

PART 3

MARITIME ENFORCEMENT

35 Enforcement powers in relation to ships: England and Wales 36 Enforcement powers in relation to ships: Scotland 37 Enforcement powers in relation to ships: Northern Ireland 38 Hot pursuit of ships in United Kingdom waters 39 Interpretation of Part 3

PART 4

THE INDEPENDENT ANTI-SLAVERY COMMISSIONER

40 The Independent Anti-slavery Commissioner 41 General functions of Commissioner 42 Strategic plans and annual reports 43 Duty to co-operate with Commissioner 44 Restriction on exercise of functions

PART 5

PROTECTION OF VICTIMS

45 Defence for slavery or trafficking victims who commit an offence 46 Special measures for witnesses in criminal proceedings 47 Civil legal aid for victims of slavery Modern Slavery Act 2015 (c. 30) iii

48 Independent child trafficking advocates 49 Guidance about identifying and supporting victims 50 Regulations about identifying and supporting victims 51 Presumption about age 52 Duty to notify Secretary of State about suspected victims of slavery or human trafficking 53 Overseas domestic workers

PART 6

TRANSPARENCY IN SUPPLY CHAINS ETC

54 Transparency in supply chains etc

PART 7

MISCELLANEOUS AND GENERAL

Miscellaneous 55 Gangmasters Licensing Authority

General 56 Interpretation 57 Consequential provision 58 Regulations 59 Financial provisions 60 Extent 61 Commencement 62 Short title

Schedule 1 — Slavery and human trafficking offences Schedule 2 — Enforcement powers in relation to ships Part 1 — England and Wales Part 2 — Scotland Part 3 — Northern Ireland Schedule 3— Public authorities under a duty to co-operate with the Commissioner Schedule 4 — Offences to which defence in section 45 does not apply Schedule 5 — Minor and consequential amendments Part 1 — Amendments relating to offences Part 2 — Amendments relating to slavery and trafficking reparation orders

ELIZABETH II c. 30

Modern Slavery Act 2015

2015 CHAPTER 30

An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes. [26th March 2015]

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:—

PART 1

OFFENCES

Offences

1 Slavery, servitude and forced or compulsory labour (1) A person commits an offence if— (a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or (b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour. (2) In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention. (3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances. 2 Modern Slavery Act 2015 (c. 30) Part 1 — Offences

(4) For example, regard may be had— (a) to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons; (b) to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6). (5) The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

2 Human trafficking (1) A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited. (2) It is irrelevant whether V consents to the travel (whether V is an adult or a child). (3) A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V. (4) A person arranges or facilitates V’s travel with a view to V being exploited only if— (a) the person intends to exploit V (in any part of the world) during or after the travel, or (b) the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel. (5) “Travel” means— (a) arriving in, or entering, any country, (b) departing from any country, (c) travelling within any country. (6) A person who is a UK national commits an offence under this section regardless of— (a) where the arranging or facilitating takes place, or (b) where the travel takes place. (7) A person who is not a UK national commits an offence under this section if— (a) any part of the arranging or facilitating takes place in the United Kingdom, or (b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

3 Meaning of exploitation (1) For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person. Modern Slavery Act 2015 (c. 30) 3 Part 1 — Offences

Slavery, servitude and forced or compulsory labour (2) The person is the victim of behaviour— (a) which involves the commission of an offence under section 1, or (b) which would involve the commission of an offence under that section if it took place in England and Wales.

Sexual exploitation (3) Something is done to or in respect of the person— (a) which involves the commission of an offence under— (i) section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or (ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or (b) which would involve the commission of such an offence if it were done in England and Wales.

Removal of organs etc (4) The person is encouraged, required or expected to do anything— (a) which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or (b) which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception (5) The person is subjected to force, threats or deception designed to induce him or her— (a) to provide services of any kind, (b) to provide another person with benefits of any kind, or (c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons (6) Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that— (a) he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and (b) an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

4 Committing offence with intent to commit offence under section 2 A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section). 4 Modern Slavery Act 2015 (c. 30) Part 1 — Offences

Penalties and sentencing

5 Penalties (1) A person guilty of an offence under section 1 or 2 is liable— (a) on conviction on indictment, to imprisonment for life; (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both. (2) A person guilty of an offence under section 4 is liable (unless subsection (3) applies)— (a) on conviction on indictment, to imprisonment for a term not exceeding 10 years; (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both. (3) Where the offence under section 4 is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life. (4) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12 months are to be read as references to 6 months.

6 Sentencing (1) The Criminal Justice Act 2003 is amended as follows. (2) In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12 - violent offences), after paragraph 63F insert— “63G An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). 63H An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.” (3) In Part 2 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12 - sexual offences), after paragraph 152 insert— “152A An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).” (4) In Part 1 of Schedule 15B (offences listed for purposes of sections 224A, 226A and 246A), after paragraph 43 insert— “43A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). 43B An offence under section 2 of that Act (human trafficking).”

7 Confiscation of assets (1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences in England and Wales) is amended as follows. Modern Slavery Act 2015 (c. 30) 5 Part 1 — Offences

(2) After paragraph 3 insert—

“Slavery etc

3A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).” (3) In paragraph 4 (people trafficking)— (a) omit sub-paragraphs (2) and (3); (b) at the end insert— “(4) An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).”

8 Power to make slavery and trafficking reparation orders (1) The court may make a slavery and trafficking reparation order against a person if— (a) the person has been convicted of an offence under section 1, 2 or 4, and (b) a confiscation order is made against the person in respect of the offence. (2) The court may also make a slavery and trafficking reparation order against a person if— (a) by virtue of section 28 of the Proceeds of Crime Act 2002 (defendants who abscond during proceedings) a confiscation order has been made against a person in respect of an offence under section 1, 2 or 4, and (b) the person is later convicted of the offence. (3) The court may make a slavery and trafficking reparation order against the person in addition to dealing with the person in any other way (subject to section 10(1)). (4) In a case within subsection (1) the court may make a slavery and trafficking reparation order against the person even if the person has been sentenced for the offence before the confiscation order is made. (5) In determining whether to make a slavery and trafficking reparation order against the person the court must have regard to the person’s means. (6) If the court considers that— (a) it would be appropriate both to impose a fine and to make a slavery and trafficking reparation order, but (b) the person has insufficient means to pay both an appropriate fine and appropriate compensation under such an order, the court must give preference to compensation (although it may impose a fine as well). (7) In any case in which the court has power to make a slavery and trafficking reparation order it must— (a) consider whether to make such an order (whether or not an application for such an order is made), and (b) if it does not make an order, give reasons. (8) In this section— (a) “the court” means— (i) the Crown Court, or 6 Modern Slavery Act 2015 (c. 30) Part 1 — Offences

(ii) any magistrates’ court that has power to make a confiscation order by virtue of an order under section 97 of the Serious Organised Crime and Police Act 2005 (confiscation orders by magistrates’ courts); (b) “confiscation order” means a confiscation order under section 6 of the Proceeds of Crime Act 2002; (c) a confiscation order is made in respect of an offence if the offence is the offence (or one of the offences) concerned for the purposes of Part 2 of that Act.

9 Effect of slavery and trafficking reparation orders (1) A slavery and trafficking reparation order is an order requiring the person against whom it is made to pay compensation to the victim of a relevant offence for any harm resulting from that offence. (2) “Relevant offence” means— (a) the offence under section 1, 2 or 4 of which the person is convicted; (b) any other offence under section 1, 2 or 4 which is taken into consideration in determining the person’s sentence. (3) The amount of the compensation is to be such amount as the court considers appropriate having regard to any evidence and to any representations made by or on behalf of the person or the prosecutor, but subject to subsection (4). (4) The amount of the compensation payable under the slavery and trafficking reparation order (or if more than one order is made in the same proceedings, the total amount of the compensation payable under those orders) must not exceed the amount the person is required to pay under the confiscation order. (5) In determining the amount to be paid by the person under a slavery and trafficking reparation order the court must have regard to the person’s means. (6) In subsection (4) “the confiscation order” means the confiscation order within section 8(1)(b) or (2)(a) (as the case may be).

10 Slavery and trafficking reparation orders: supplementary provision (1) A slavery and trafficking reparation order and a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 may not both be made in respect of the same offence. (2) Where the court makes a slavery and trafficking reparation order as mentioned in section 8(4), for the purposes of the following provisions the person’s sentence is to be regarded as imposed or made on the day on which the order is made— (a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or application for leave to appeal); (b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act). (3) Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000 (appeals, review etc of compensation orders) apply to slavery and trafficking reparation orders as if— Modern Slavery Act 2015 (c. 30) 7 Part 1 — Offences

(a) references to a compensation order were references to a slavery and trafficking reparation order; (b) references to the court of trial were references to the court (within the meaning of section 8 above); (c) references to injury, loss or damage were references to harm; (d) the reference in section 133(3)(c)(iii) to a slavery and trafficking reparation order under section 8 above were to a compensation order under section 130 of that Act; (e) in section 134 the references to service compensation orders were omitted. (4) If under section 21 or 22 of the Proceeds of Crime Act 2002 the court varies a confiscation order so as to increase the amount required to be paid under that order, it may also vary any slavery and trafficking reparation order made by virtue of the confiscation order so as to increase the amount required to be paid under the slavery and trafficking reparation order. (5) If under section 23 or 29 of that Act the court varies a confiscation order so as to reduce the amount required to be paid under that order, it may also— (a) vary any relevant slavery and trafficking reparation order so as to reduce the amount which remains to be paid under that order; (b) discharge any relevant slavery and trafficking reparation order. (6) If under section 24 of that Act the court discharges a confiscation order, it may also discharge any relevant slavery and trafficking reparation order. (7) For the purposes of subsections (5) and (6) a slavery and trafficking reparation order is relevant if it is made by virtue of the confiscation order and some or all of the amount required to be paid under it has not been paid. (8) If on an appeal under section 31 of the Proceeds of Crime Act 2002 the Court of Appeal— (a) quashes a confiscation order, it must also quash any slavery and trafficking reparation order made by virtue of the confiscation order; (b) varies a confiscation order, it may also vary any slavery and trafficking reparation order made by virtue of the confiscation order; (c) makes a confiscation order, it may make any slavery and trafficking reparation order that could have been made under section 8 above by virtue of the confiscation order. (9) If on an appeal under section 33 of that Act the Supreme Court— (a) quashes a confiscation order, it must also quash any slavery and trafficking reparation order made by virtue of the confiscation order; (b) varies a confiscation order, it may also vary any slavery and trafficking reparation order made by virtue of the confiscation order. (10) For the purposes of this section— (a) a slavery and trafficking reparation order made under section 8(1) is made by virtue of the confiscation order within section 8(1)(b); (b) a slavery and trafficking reparation order made under section 8(2) is made by virtue of the confiscation order within section 8(2)(a). 8 Modern Slavery Act 2015 (c. 30) Part 1 — Offences

11 Forfeiture of land vehicle, ship or aircraft (1) This section applies if a person is convicted on indictment of an offence under section 2. (2) The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person— (a) owned the vehicle at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the vehicle, (c) was at that time in possession of the vehicle under a hire-purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or (e) was driving the vehicle in the course of the commission of the offence. (3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person— (a) owned the ship or aircraft at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the ship or aircraft, (c) was at that time in possession of the ship or aircraft under a hire- purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement, (e) was at that time a charterer of the ship or aircraft, or (f) committed the offence while acting as captain of the ship or aircraft. (4) But where subsection (3)(a) or (b) does not apply to the convicted person, forfeiture of a ship or aircraft may be ordered only if subsection (5) applies or— (a) in the case of a ship other than a hovercraft, its gross tonnage is less than 500 tons; (b) in the case of an aircraft, the maximum weight at which it may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes. (5) This subsection applies where a person who, at the time the offence was committed— (a) owned the ship or aircraft, or (b) was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 2. (6) Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations about its forfeiture, the court may not order its forfeiture without giving the person an opportunity to make representations. Modern Slavery Act 2015 (c. 30) 9 Part 1 — Offences

Supplementary

12 Detention of land vehicle, ship or aircraft (1) If a person (“P”) has been arrested for an offence under section 2, a constable or senior immigration officer may detain a relevant land vehicle, ship or aircraft. (2) A land vehicle, ship or aircraft is relevant if the constable or officer has reasonable grounds to believe that an order for its forfeiture could be made under section 11 if P were convicted of the offence. (3) The land vehicle, ship or aircraft may be detained— (a) until a decision is taken as to whether or not to charge P with the offence, (b) if P has been charged, until P is acquitted, the charge against P is dismissed or the proceedings are discontinued, or (c) if P has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft. (4) A person (other than P) may apply to the court for the release of the land vehicle, ship or aircraft on the grounds that the person— (a) owns the vehicle, ship or aircraft, (b) was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement, or (c) is a charterer of the ship or aircraft. (5) The court to which an application is made under subsection (4) may, if satisfactory security or surety is tendered, release the land vehicle, ship or aircraft on condition that it is made available to the court if— (a) P is convicted, and (b) an order for its forfeiture is made under section 11. (6) In this section, “the court” means— (a) if P has not been charged, or P has been charged but proceedings for the offence have not begun to be heard, a magistrates’ court; (b) if P has been charged and proceedings for the offence have begun to be heard, the court hearing the proceedings. (7) In this section, “senior immigration officer” means an immigration officer not below the rank of chief immigration officer.

13 Interpretation of Part 1 (1) In this Part— “captain” means master (of a ship) or commander (of an aircraft); “confiscation order” has the meaning given by section 8(8); “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950; “land vehicle” means any vehicle other than a ship or aircraft; “ship” includes every description of vessel (including a hovercraft) used in navigation; “slavery and trafficking reparation order” means an order made under section 8; 10 Modern Slavery Act 2015 (c. 30) Part 1 — Offences

“UK national” means— (a) a British citizen, (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom, or (c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. (2) In sections 8 and 10, references to provisions of the Proceeds of Crime Act 2002 include references to those provisions as amended or otherwise modified by virtue of an order (whenever made) under section 97 of the Serious Organised Crime and Police Act 2005 (confiscation orders by magistrates’ courts). (3) In sections 11 and 12, a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.

PART 2

PREVENTION ORDERS

Slavery and trafficking prevention orders

14 Slavery and trafficking prevention orders on sentencing (1) A court may make a slavery and trafficking prevention order against a person (“the defendant”) where it deals with the defendant in respect of— (a) a conviction for a slavery or human trafficking offence, (b) a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or (c) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence. (2) The court may make the order only if it is satisfied that— (a) there is a risk that the defendant may commit a slavery or human trafficking offence, and (b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. (3) A “slavery or human trafficking offence” means an offence listed in Schedule 1. (4) The Secretary of State may by regulations amend Schedule 1. (5) For the purposes of this section, convictions and findings include those taking place before this section comes into force.

15 Slavery and trafficking prevention orders on application (1) A magistrates’ court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by— (a) a chief officer of police, (b) an immigration officer, or Modern Slavery Act 2015 (c. 30) 11 Part 2 — Prevention orders

(c) the Director General of the National Crime Agency (“the Director General”). (2) The court may make the order only if it is satisfied that— (a) the defendant is a relevant offender (see section 16), and (b) since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met. (3) The condition is that— (a) there is a risk that the defendant may commit a slavery or human trafficking offence, and (b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. (4) A chief officer of police may make an application under this section only in respect of a person— (a) who lives in the chief officer’s police area, or (b) who the chief officer believes is in that area or is intending to come to it. (5) An application under this section is to be made by complaint, and may be made to any magistrates’ court acting for a local justice area that includes— (a) any part of a relevant police area, or (b) any place where it is alleged that the defendant acted in a way mentioned in subsection (2)(b). (6) Where the defendant is under 18, a reference in this section to a magistrates’ court is to be taken as referring to a youth court (subject to any rules of court made under section 32). (7) Where an immigration officer or the Director General makes an application under this section, the officer or the Director General must give notice of the application to the chief officer of police for a relevant police area. (8) In this section “relevant police area” means— (a) where the applicant is a chief officer of police, the officer’s police area; (b) where the applicant is an immigration officer or the Director General, the police area where the defendant lives or a police area which the officer or the Director General believes the defendant is in or is intending to come to. (9) The acts of the defendant which may be relied on for the purposes of subsection (2)(b) include acts taking place before this section comes into force.

16 Meaning of “relevant offender” (1) A person is a “relevant offender” for the purposes of section 15 if subsection (2) or (3) applies to the person. (2) This subsection applies to a person if— (a) the person has been convicted of a slavery or human trafficking offence, (b) a court has made a finding that the person is not guilty of a slavery or human trafficking offence by reason of insanity, 12 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(c) a court has made a finding that the person is under a disability and has done the act charged against the person in respect of a slavery or human trafficking offence, or (d) the person has been cautioned in respect of a slavery or human trafficking offence. (3) This subsection applies to a person if, under the law of a country outside the United Kingdom— (a) the person has been convicted of an equivalent offence (whether or not the person has been punished for it), (b) a court has made, in relation to an equivalent offence, a finding equivalent to a finding that the person is not guilty by reason of insanity, (c) a court has made, in relation to an equivalent offence, a finding equivalent to a finding that the person is under a disability and has done the act charged against the person, or (d) the person has been cautioned in respect of an equivalent offence. (4) An “equivalent offence” means an act which— (a) constituted an offence under the law of the country concerned, and (b) would have constituted a slavery or human trafficking offence under the law of England and Wales if it had been done in England and Wales, or by a UK national, or as regards the United Kingdom. (5) For the purposes of subsection (4) an act punishable under the law of a country outside the United Kingdom constitutes an offence under that law, however it is described in that law. (6) On an application under section 15 where subsection (3) is alleged to apply to the defendant, the condition in subsection (4)(b) is to be taken as met unless— (a) not later than provided by rules of court, the defendant serves on the applicant a notice which states that in the defendant’s opinion the condition is not met, shows the grounds for that opinion, and requires the applicant to prove that the condition is met, or (b) the court permits the defendant to require the applicant to prove that the condition is met without service of such a notice. (7) References in this section to convictions, findings and cautions include those taking place before this section comes into force.

17 Effect of slavery and trafficking prevention orders (1) A slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order. (2) The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence. (3) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom. (4) Subject to section 18(1), a prohibition contained in a slavery and trafficking prevention order has effect— Modern Slavery Act 2015 (c. 30) 13 Part 2 — Prevention orders

(a) for a fixed period, specified in the order, of at least 5 years, or (b) until further order. (5) A slavery and trafficking prevention order— (a) may specify that some of its prohibitions have effect until further order and some for a fixed period; (b) may specify different periods for different prohibitions. (6) If a court makes a slavery and trafficking prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

18 Prohibitions on foreign travel (1) A prohibition on foreign travel contained in a slavery and trafficking prevention order must be for a fixed period of not more than 5 years. (2) A “prohibition on foreign travel” means— (a) a prohibition on travelling to any country outside the United Kingdom named or described in the order, (b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or (c) a prohibition on travelling to any country outside the United Kingdom. (3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 20. (4) A slavery and trafficking prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant’s passports at a police station specified in the order— (a) on or before the date when the prohibition takes effect, or (b) within a period specified in the order. (5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a slavery and trafficking prevention order containing a prohibition within subsection (2)(c). (6) Subsection (5) does not apply in relation to— (a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities; (b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

19 Requirement to provide name and address (1) A slavery and trafficking prevention order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6). (2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence. 14 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking prevention order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters. (4) The relevant matters are— (a) the defendant’s name and, where the defendant uses one or more other names, each of those names, and (b) the defendant’s home address. (5) If while the defendant is subject to the order the defendant— (a) uses a name which has not been notified under the order, or (b) changes home address, the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address. (6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address. (7) Where the order requires the defendant to notify the Director General of the National Crime Agency or an immigration officer, the Director General or the officer must give details of any notification to the chief officer of police for each relevant police area. (8) “Relevant police area” means— (a) where the defendant notifies a new name, the police area where the defendant lives; (b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.

20 Variation, renewal and discharge (1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order. (2) The persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant lives; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area; (d) where the order was made on an application under section 15 by a chief officer of police, that officer; (e) where the order was made on an application under section 15 by an immigration officer, an immigration officer; (f) where the order was made on an application under section 15 by the Director General of the National Crime Agency (“the Director General”), the Director General. (3) On the application the court, after hearing— (a) the person making the application, and (b) the other persons mentioned in subsection (2) (if they wish to be heard), may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate. Modern Slavery Act 2015 (c. 30) 15 Part 2 — Prevention orders

(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 19(3) to (6), only if the court is satisfied that— (a) there is a risk that the defendant may commit a slavery or human trafficking offence, and (b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. (5) Any renewed or varied order— (a) may contain only those prohibitions which the court is satisfied are necessary for that purpose, (b) may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose. (6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of— (a) the defendant and the chief officer of police for the area in which the defendant lives, or (b) where the application is made by a chief officer of police, the defendant and that chief officer. (7) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions. (8) An application under this section may be made— (a) where the appropriate court is the Crown Court, in accordance with rules of court; (b) in any other case, by complaint. (9) Where an immigration officer or the Director General makes an application under this section, the officer or the Director General must give notice of the application to the chief officer of police for— (a) the police area where the defendant lives, or (b) a police area which the immigration officer or the Director General believes the defendant is in or is intending to come to. (10) In this section “the appropriate court” means— (a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court; (b) where an adult magistrates’ court made the order— (i) that court, (ii) an adult magistrates’ court for the area in which the defendant lives, or (iii) where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area; (c) where a youth court made the order and the defendant is under 18— (i) that court, (ii) a youth court for the area in which the defendant lives, or (iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; 16 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(d) where a youth court made the order and the defendant is 18 or over— (i) an adult magistrates’ court for the area in which the defendant lives, or (ii) where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.

21 Interim slavery and trafficking prevention orders (1) This section applies where an application under section 15 (“the main application”) has not been determined. (2) An application for an interim slavery and trafficking prevention order— (a) may be made by the complaint by which the main application is made, or (b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made. (3) The court may, if it considers it just to do so, make an interim slavery and trafficking prevention order. (4) An interim slavery and trafficking prevention order is an order which prohibits the defendant from doing anything described in the order. (5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom. (6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 19. If it does, those subsections apply as if references to a slavery and trafficking prevention order were to an interim slavery and trafficking prevention order. (7) The order— (a) has effect only for a fixed period, specified in the order; (b) ceases to have effect, if it has not already done so, on the determination of the main application. (8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking prevention order for the order to be varied, renewed or discharged.

22 Appeals (1) A defendant may appeal against the making of a slavery and trafficking prevention order— (a) where the order was made under section 14(1)(a), as if the order were a sentence passed on the defendant for the offence; (b) where the order was made under section 14(1)(b) or (c), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence; (c) where the order was made on an application under section 15, to the Crown Court. (2) A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking prevention order. Modern Slavery Act 2015 (c. 30) 17 Part 2 — Prevention orders

(3) A defendant may appeal against the making of an order under section 20, or the refusal to make such an order— (a) where the application for such an order was made to the Crown Court, to the Court of Appeal; (b) in any other case, to the Crown Court. (4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just. (5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) is for the purposes of section 20(10) or 21(8) (respectively) to be treated as if it were an order of the court from which the appeal was brought. (6) Subsection (5) does not apply to an order directing that an application be re- heard by a magistrates’ court.

Slavery and trafficking risk orders

23 Slavery and trafficking risk orders (1) A magistrates’ court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by— (a) a chief officer of police, (b) an immigration officer, or (c) the Director General of the National Crime Agency (“the Director General”). (2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that— (a) there is a risk that the defendant will commit a slavery or human trafficking offence, and (b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. (3) A chief officer of police may make an application under this section only in respect of a person— (a) who lives in the chief officer’s police area, or (b) who the chief officer believes is in that area or is intending to come to it. (4) An application under this section is to be made by complaint, and may be made to any magistrates’ court acting for a local justice area that includes— (a) any part of a relevant police area, or (b) any place where it is alleged that the person acted in a way mentioned in subsection (2). (5) Where the defendant is under 18, a reference in this section to a magistrates’ court is to be taken as referring to a youth court (subject to any rules of court made under section 32). 18 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(6) Where an immigration officer or the Director General makes an application under this section, the officer or the Director General must give notice of the application to the chief officer of police for a relevant police area. (7) “Relevant police area” means— (a) where the applicant is a chief officer of police, the officer’s police area; (b) where the applicant is an immigration officer or the Director General, the police area where the defendant lives or a police area which the officer or Director General believes the defendant is in or is intending to come to. (8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.

24 Effect of slavery and trafficking risk orders (1) A slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order. (2) The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence. (3) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom. (4) Subject to section 25(1), a prohibition contained in a slavery and trafficking risk order has effect— (a) for a fixed period, specified in the order, of at least 2 years, or (b) until further order. (5) A slavery and trafficking risk order— (a) may specify that some of its prohibitions have effect until further order and some for a fixed period; (b) may specify different periods for different prohibitions. (6) Where a court makes a slavery and trafficking risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

25 Prohibitions on foreign travel (1) A prohibition on foreign travel contained in a slavery and trafficking risk order must be for a fixed period of not more than 5 years. (2) A “prohibition on foreign travel” means— (a) a prohibition on travelling to any country outside the United Kingdom named or described in the order, (b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or (c) a prohibition on travelling to any country outside the United Kingdom. Modern Slavery Act 2015 (c. 30) 19 Part 2 — Prevention orders

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 27. (4) A slavery and trafficking risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant’s passports at a police station specified in the order— (a) on or before the date when the prohibition takes effect, or (b) within a period specified in the order. (5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a slavery and trafficking risk order containing a prohibition within subsection (2)(c). (6) Subsection (5) does not apply in relation to— (a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities; (b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

26 Requirement to provide name and address (1) A slavery and trafficking risk order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6). (2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence. (3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters. (4) The relevant matters are— (a) the defendant’s name and, where the defendant uses one or more other names, each of those names, and (b) the defendant’s home address. (5) If while the defendant is subject to the order the defendant— (a) uses a name which has not been notified under the order, or (b) changes home address, the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address. (6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address. (7) Where the order requires the defendant to notify the Director General of the National Crime Agency or an immigration officer, the Director General or the officer must give details of any notification to the chief officer of police for each relevant police area. (8) “Relevant police area” means— 20 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(a) where the defendant notifies a new name, the police area where the defendant lives; (b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.

27 Variation, renewal and discharge (1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order. (2) The persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant lives; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area; (d) where the order was made on an application by a chief officer of police, that officer; (e) where the order was made on an application by an immigration officer, an immigration officer; (f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General. (3) On the application the court, after hearing— (a) the person making the application, and (b) the other persons mentioned in subsection (2) (if they wish to be heard), may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate. (4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that— (a) there is a risk that the defendant may commit a slavery or human trafficking offence, and (b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. (5) Any renewed or varied order— (a) may contain only those prohibitions which the court is satisfied are necessary for that purpose; (b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose. (6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of— (a) the defendant and the chief officer of police for the area in which the defendant lives, or (b) where the application is made by a chief officer of police, the defendant and that chief officer. Modern Slavery Act 2015 (c. 30) 21 Part 2 — Prevention orders

(7) Where an immigration officer or the Director General makes an application under this section, the officer or the Director General must give notice of the application to the chief officer of police for— (a) the police area where the defendant lives, or (b) a police area which the immigration officer or the Director General believes the defendant is in or is intending to come to. (8) In this section “the appropriate court” means— (a) where an adult magistrates’ court made the slavery and trafficking risk order— (i) that court, (ii) any adult magistrates’ court for the area in which the defendant lives, or (iii) where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area; (b) where a youth court made the order and the defendant is under 18— (i) that court, (ii) a youth court for the area in which the defendant lives, or (iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; (c) where a youth court made the order and the defendant is 18 or over— (i) an adult magistrates’ court for the area in which the defendant lives, or (ii) where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.

28 Interim slavery and trafficking risk orders (1) This section applies where an application for a slavery and trafficking risk order (“the main application”) has not been determined. (2) An application for an interim slavery and trafficking risk order— (a) may be made by the complaint by which the main application is made, or (b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made. (3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order. (4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order. (5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom. (6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order. 22 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

(7) The order— (a) has effect only for a fixed period, specified in the order; (b) ceases to have effect, if it has not already done so, on the determination of the main application. (8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.

29 Appeals (1) A defendant may appeal to the Crown Court— (a) against the making of a slavery and trafficking risk order; (b) against the making of an interim slavery and trafficking risk order; (c) against the making of an order under section 27, or the refusal to make such an order. (2) The Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just. (3) An order made by the Crown Court on an appeal against the making of a slavery and trafficking risk order or an interim slavery and trafficking risk order is to be treated for the purposes of section 27(8) or 28(8) (respectively) as if it were an order of the court from which the appeal was brought. (4) Subsection (3) does not apply to an order directing that an application be re- heard by a magistrates’ court.

Offences and supplementary provision

30 Offences (1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by— (a) a slavery and trafficking prevention order, (b) an interim slavery and trafficking prevention order, (c) a slavery and trafficking risk order, (d) an interim slavery and trafficking risk order, (e) a slavery and trafficking prevention order under Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), or (f) an interim slavery and trafficking prevention order under that Schedule to that Act, commits an offence. (2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under— (a) section 18(4) or 25(4) (requirement to surrender passports), or (b) section 19(1), 21(6), 26(1) or 28(6) (requirement to provide name and address). (3) A person guilty of an offence under this section is liable— Modern Slavery Act 2015 (c. 30) 23 Part 2 — Prevention orders

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years; (b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both. (4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.

31 Cross-border enforcement (1) The Secretary of State may by regulations amend section 30(1) so as to add to or remove from the list of orders in that section any relevant UK order. (2) “Relevant UK order” means an order under the law of Scotland or Northern Ireland which appears to the Secretary of State to be equivalent or similar to— (a) a slavery and trafficking prevention order, (b) an interim slavery and trafficking prevention order, (c) a slavery and trafficking risk order, or (d) an interim slavery and trafficking risk order.

32 Rules of court (1) Rules of court may provide for a youth court to give permission for an application under section 15 or 23 against a person aged 18 or over to be made to the youth court if— (a) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and (b) the youth court thinks that it would be in the interests of justice for the applications to be heard together. (2) Rules of court may, in relation to a person reaching the age of 18 after proceedings against that person by virtue of this Part have begun— (a) prescribe circumstances in which the proceedings may or must remain in the youth court; (b) make provision for the transfer of the proceedings from the youth court to an adult magistrates’ court (including provision applying sections 21 and 28 with modifications).

33 Guidance to chief officers of police etc (1) The Secretary of State must issue guidance to chief officers of police, immigration officers and the Director General of the National Crime Agency in relation to the exercise by them of their powers under this Part. (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.

34 Interpretation of Part 2 (1) In this Part— 24 Modern Slavery Act 2015 (c. 30) Part 2 — Prevention orders

“adult magistrates court” means a magistrates’ court that is not a youth court; “cautioned” means cautioned after the person concerned has admitted the offence; “interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f)); “interim slavery and trafficking risk order” means an order made under section 28; “slavery or human trafficking offence” means an offence listed in Schedule 1; “slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e)); “slavery and trafficking risk order” means an order made under section 23. (2) In this Part “passport” means— (a) a United Kingdom passport within the meaning of the Immigration Act 1971; (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation; (c) a document that can be used (in some or all circumstances) instead of a passport. (3) In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite— (a) section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (conviction with conditional discharge deemed not to be a conviction); (b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland). (4) Subsection (3) applies only to convictions after this Part comes into force. (5) In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under— (a) section 37(3) of the Mental Health Act 1983, (b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or (c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), (hospital and guardianship orders). (6) In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995. (7) In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence. (8) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part. Modern Slavery Act 2015 (c. 30) 25 Part 2 — Prevention orders

(9) A person’s age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.

PART 3

MARITIME ENFORCEMENT

35 Enforcement powers in relation to ships: England and Wales (1) An English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 2 (“Part 1 powers”) in relation to— (a) a United Kingdom ship in England and Wales waters, foreign waters or international waters, (b) a ship without nationality in England and Wales waters or international waters, (c) a foreign ship in England and Wales waters, or (d) a ship, registered under the law of a relevant territory, in England and Wales waters. (2) But Part 1 powers may be exercised only— (a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 1 or 2, and (b) in accordance with the rest of this section. (3) The authority of the Secretary of State is required before an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a United Kingdom ship in foreign waters. (4) Authority for the purposes of subsection (3) may be given only if the State or relevant territory in whose waters the powers would be exercised consents to the exercise of the powers. (5) The authority of the Secretary of State is required before an English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (6) Authority for the purposes of subsection (5) may be given in relation to a foreign ship only if— (a) the home state has requested the assistance of the United Kingdom for the purpose mentioned in subsection (2)(a), (b) the home state has authorised the United Kingdom to act for that purpose, or (c) the Convention otherwise permits the exercise of Part 1 powers in relation to the ship. (7) In giving authority for the purposes of subsection (5) in relation to a foreign ship the Secretary of State must give effect to any conditions or limitations that the home state imposes as part of a request or authorisation of the kind mentioned in subsection (6)(a) or (b) (if the authority is given as a result of that request or authorisation). 26 Modern Slavery Act 2015 (c. 30) Part 3 — Maritime enforcement

36 Enforcement powers in relation to ships: Scotland (1) A Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 2 (“Part 2 powers”) in relation to— (a) a United Kingdom ship in Scotland waters, foreign waters or international waters, (b) a ship without nationality in Scotland waters or international waters, (c) a foreign ship in Scotland waters, or (d) a ship, registered under the law of a relevant territory, in Scotland waters. (2) But Part 2 powers may be exercised only— (a) for the purpose of preventing, detecting or investigating a listed offence, and (b) in accordance with the rest of this section. (3) The authority of the Secretary of State is required before a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a United Kingdom ship in foreign waters. (4) Authority for the purposes of subsection (3) may be given only if the State or relevant territory in whose waters the powers would be exercised consents to the exercise of the powers. (5) The authority of the Secretary of State is required before a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (6) Authority for the purposes of subsection (5) may be given in relation to a foreign ship only if— (a) the home state has requested the assistance of the United Kingdom for the purpose mentioned in subsection (2)(a), (b) the home state has authorised the United Kingdom to act for that purpose, or (c) the Convention otherwise permits the exercise of Part 2 powers in relation to the ship. (7) In giving authority for the purposes of subsection (5) in relation to a foreign ship the Secretary of State must give effect to any conditions or limitations that the home state imposes as part of a request or authorisation of the kind mentioned in subsection (6)(a) or (b) (if the authority is given as a result of that request or authorisation). (8) For the purposes of subsection (2)(a), “listed offence” means an offence under— (a) section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc); (b) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation); (c) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (slavery, servitude and forced or compulsory labour). Modern Slavery Act 2015 (c. 30) 27 Part 3 — Maritime enforcement

37 Enforcement powers in relation to ships: Northern Ireland (1) A Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 2 (“Part 3 powers”) in relation to— (a) a United Kingdom ship in Northern Ireland waters, foreign waters or international waters, (b) a ship without nationality in Northern Ireland waters or international waters, (c) a foreign ship in Northern Ireland waters, or (d) a ship, registered under the law of a relevant territory, in Northern Ireland waters. (2) But Part 3 powers may be exercised only— (a) for the purpose of preventing, detecting, investigating or prosecuting a listed offence, and (b) in accordance with the rest of this section. (3) The authority of the Chief Constable of the Police Service of Northern Ireland is required before an enforcement officer may exercise any Part 3 powers. (4) The authority of the Secretary of State is required before a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a United Kingdom ship in foreign waters. (5) Authority for the purposes of subsection (4) may be given only if the State or relevant territory in whose waters the powers would be exercised consents to the exercise of the powers. (6) The authority of the Secretary of State is required before a Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom. (7) Authority for the purposes of subsection (6) may be given in relation to a foreign ship only if— (a) the home state has requested the assistance of the United Kingdom for the purpose mentioned in subsection (2)(a), (b) the home state has authorised the United Kingdom to act for that purpose, or (c) the Convention otherwise permits the exercise of Part 3 powers in relation to the ship. (8) In giving authority for the purposes of subsection (6) in relation to a foreign ship the Secretary of State must give effect to any conditions or limitations that the home state imposes as part of a request or authorisation of the kind mentioned in subsection (7)(a) or (b) (if the authority is given as a result of that request or authorisation). (9) For the purposes of subsection (2)(a), “listed offence” means an offence under— (a) section 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (slavery, servitude and forced or compulsory labour); (b) section 2 of that Act (human trafficking). 28 Modern Slavery Act 2015 (c. 30) Part 3 — Maritime enforcement

38 Hot pursuit of ships in United Kingdom waters (1) An English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in relevant waters, and (c) the condition in subsection (10) is met. (2) Part 1 powers may be exercised under subsection (1) only— (a) for the purpose mentioned in subsection (2)(a) of section 35, and (b) (if relevant) in accordance with subsections (5) to (7) of that section. (3) For the purposes of subsection (1)(b), “relevant waters” are— (a) in the case of a United Kingdom ship or a ship without nationality, England and Wales waters or international waters; (b) in the case of a foreign ship or a ship registered under the law of a relevant territory, England and Wales waters. (4) A Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in relevant waters, and (c) the condition in subsection (10) is met. (5) Part 2 powers may be exercised under subsection (4) only— (a) for the purpose mentioned in subsection (2)(a) of section 36, and (b) (if relevant) in accordance with subsections (5) to (7) of that section. (6) For the purposes of subsection (4)(b), “relevant waters” are— (a) in the case of a United Kingdom ship or a ship without nationality, Scotland waters or international waters; (b) in the case of a foreign ship or a ship registered under the law of a relevant territory, Scotland waters. (7) A Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if— (a) the ship is pursued there, (b) immediately before the pursuit of the ship, the ship was in relevant waters, and (c) the condition in subsection (10) is met. (8) Part 3 powers may be exercised under subsection (7) only— (a) for the purpose mentioned in subsection (2)(a) of section 37, and (b) (if relevant) in accordance with subsections (6) to (8) of that section. (9) For the purposes of subsection (7)(b), “relevant waters” are— (a) in the case of a United Kingdom ship or a ship without nationality, Northern Ireland waters or international waters; (b) in the case of a foreign ship or a ship registered under the law of a relevant territory, Northern Ireland waters. Modern Slavery Act 2015 (c. 30) 29 Part 3 — Maritime enforcement

(10) The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that— (a) before the pursuit of the ship, a signal is given for it to stop, and (b) the pursuit of the ship is not interrupted. (11) The signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship. (12) For the purposes of subsection (10)(b), pursuit is not interrupted by reason only of the fact that— (a) the method of carrying out the pursuit, or (b) the identity of the ship or aircraft carrying out the pursuit, changes during the course of the pursuit. (13) Nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.

39 Interpretation of Part 3 (1) In this Part— “the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom; “enforcement officer” means— (a) a designated customs official, within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act), (b) a person who is a commissioned officer of any of Her Majesty’s ships, or (c) a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force; “England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales; “English and Welsh constable” means only a person who is— (a) a member of a police force in England and Wales, (b) a member of the British Transport Police Force, (c) a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964, or (d) a National Crime Agency officer having the powers and privileges of a constable in England and Wales under the Crime and Courts Act 2013; “foreign ship” means a ship which— (a) is registered in a State other than the United Kingdom, or (b) is not so registered but is entitled to fly the flag of a State other than the United Kingdom; “foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom; “home state”, in relation to a foreign ship, means— (a) the State in which the ship is registered, or 30 Modern Slavery Act 2015 (c. 30) Part 3 — Maritime enforcement

(b) the State whose flag the ship is otherwise entitled to fly; “international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory; “Northern Ireland constable” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; “Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland; “Part 1 powers” means the powers set out in Part 1 of Schedule 2; “Part 2 powers” means the powers set out in Part 2 of that Schedule; “Part 3 powers” means the powers set out in Part 3 of that Schedule; “relevant territory” means— (a) the Isle of Man; (b) any of the Channel Islands; (c) a British overseas territory; “Scottish constable” means only a person who is— (a) a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), or (b) a National Crime Agency officer having the powers and privileges of a constable in Scotland under the Crime and Courts Act 2013; “Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland; “ship” includes every description of vessel (including a hovercraft) used in navigation; “ship without nationality” means a ship which— (a) is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or (b) sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience; “United Kingdom ship” means a ship which— (a) is registered under Part 2 of the Merchant Shipping Act 1995, (b) is a Government ship within the meaning of that Act, (c) is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or (d) is registered under an Order in Council under section 1 of the Hovercraft Act 1968. (2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is— (a) a British citizen, a British overseas territories citizen or a British Overseas citizen, (b) an individual who is habitually resident in the United Kingdom, or (c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom. Modern Slavery Act 2015 (c. 30) 31 Part 4 — The Independent Anti-slavery Commissioner

PART 4

THE INDEPENDENT ANTI-SLAVERY COMMISSIONER

40 The Independent Anti-slavery Commissioner (1) The Secretary of State must, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland, appoint a person as the Independent Anti-slavery Commissioner (in this Part “the Commissioner”). (2) The Commissioner is to hold office in accordance with the terms of the Commissioner’s appointment. (3) The Secretary of State may pay in respect of the Commissioner any expenses, remuneration or allowances that the Secretary of State may determine. (4) The Secretary of State— (a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year, (b) may permit that to be exceeded for a specified purpose, and (c) subject to paragraphs (a) and (b), must defray the Commissioner’s expenditure for each financial year. (5) In this Part, “financial year” means— (a) the period beginning with the day on which the first Commissioner takes office and ending with the following 31 March, and (b) each successive period of 12 months. (6) The Commissioner may appoint staff. (7) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert— “Independent Anti-slavery Commissioner”. (8) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert— “Independent Anti-slavery Commissioner”. (9) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “The Independent Anti-slavery Commissioner”.

41 General functions of Commissioner (1) The Commissioner must encourage good practice in— (a) the prevention, detection, investigation and prosecution of slavery and human trafficking offences; (b) the identification of victims of those offences. (2) For the purposes of this section a slavery and human trafficking offence is an offence under— (a) section 1, 2 or 4 of this Act, 32 Modern Slavery Act 2015 (c. 30) Part 4 — The Independent Anti-slavery Commissioner

(b) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (c) section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc), (d) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation), (e) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (slavery, servitude and forced or compulsory labour). (3) The things that the Commissioner may do in pursuance of subsection (1) include— (a) making reports on any permitted matter to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland; (b) making recommendations to any public authority about the exercise of its functions; (c) undertaking or supporting (financially or otherwise) the carrying out of research; (d) providing information, education or training; (e) consulting public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons; (f) co-operating with or working jointly with public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons, in the United Kingdom or internationally. (4) The matters to which the Commissioner may have regard in pursuance of subsection (1) include the provision of assistance and support to victims of slavery and human trafficking offences. (5) In subsection (3)(a) “permitted matter” means a matter which— (a) the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland have asked the Commissioner to report on, or (b) the current strategic plan, approved by the Secretary of State under section 42(6), states is a matter the Commissioner proposes to report on. (6) The Commissioner must (after ascertaining whether the Secretary of State, the Scottish Ministers, the Lord Advocate or the Department of Justice in Northern Ireland wish to exercise the powers conferred by subsections (7) to (10)) publish each report made under subsection (3)(a). (7) The Secretary of State may direct the Commissioner to omit from any report before publication any material whose publication the Secretary of State thinks— (a) would be against the interests of national security, (b) might jeopardise the safety of any person in England and Wales, or (c) might prejudice the investigation or prosecution of an offence under the law of England and Wales. (8) The Scottish Ministers may direct the Commissioner to omit from any report before publication any material whose publication the Scottish Ministers think— (a) might jeopardise the safety of any person in Scotland, or Modern Slavery Act 2015 (c. 30) 33 Part 4 — The Independent Anti-slavery Commissioner

(b) might prejudice the investigation of an offence under the law of Scotland. (9) The Lord Advocate may direct the Commissioner to omit from any report before publication any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland. (10) The Department of Justice in Northern Ireland may direct the Commissioner to omit from any report before publication any material whose publication the department thinks— (a) might jeopardise the safety of any person in Northern Ireland, or (b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland. (11) If the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland lay before Parliament, the Scottish Parliament or the Northern Ireland Assembly a report made by the Commissioner under subsection (3)(a), they must lay the report as it is published by the Commissioner under subsection (6).

42 Strategic plans and annual reports (1) The Commissioner must, as soon as reasonably practicable after the Commissioner’s appointment, prepare a strategic plan and submit it to the Secretary of State for approval. (2) The Commissioner must, before the end of the period to which a strategic plan relates (“the current period”), prepare a strategic plan for a period immediately following the current period and submit it to the Secretary of State for approval. (3) The Commissioner may at any time prepare a revised strategic plan and submit it to the Secretary of State for approval. (4) A strategic plan is a plan setting out how the Commissioner proposes to exercise the Commissioner’s functions in the period to which the plan relates, which must be not less than one year and not more than three years. (5) A strategic plan must in particular— (a) state the Commissioner’s objectives and priorities for the period to which the plan relates; (b) state any matters on which the Commissioner proposes to report under section 41(3)(a) during that period; (c) state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner’s functions. (6) The Secretary of State may approve a strategic plan either without modifications or with modifications agreed with the Commissioner. (7) The Secretary of State must— (a) before approving a strategic plan, consult the Scottish Ministers and the Department of Justice in Northern Ireland, and (b) after approving a strategic plan, send a copy of the plan to the Scottish Ministers and the Department of Justice in Northern Ireland. (8) As soon as reasonably practicable after the end of each financial year the Commissioner must submit to the Secretary of State, the Scottish Ministers and 34 Modern Slavery Act 2015 (c. 30) Part 4 — The Independent Anti-slavery Commissioner

the Department of Justice in Northern Ireland an annual report on the exercise of the Commissioner’s functions during the year. (9) An annual report must include— (a) an assessment of the extent to which the Commissioner’s objectives and priorities have been met in that year; (b) a statement of the matters on which the Commissioner has reported under section 41(3)(a) during the year; (c) a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner’s functions. (10) The Secretary of State must lay before Parliament— (a) any strategic plan the Secretary of State approves, and (b) any annual report the Secretary of State receives, and must do so as soon as reasonably practicable after approving the plan or receiving the report. (11) The Scottish Ministers must lay before the Scottish Parliament— (a) any strategic plan the Secretary of State approves, and (b) any annual report they receive, and must do so as soon as reasonably practicable after receiving the plan or the report. (12) The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly— (a) any strategic plan the Secretary of State approves, and (b) any annual report it receives, and must do so as soon as reasonably practicable after receiving the plan or the report. (13) An annual report laid under any of subsections (10) to (12) must not contain material removed from the report under any of subsections (14) to (17). (14) The Secretary of State may remove from an annual report any material whose publication the Secretary of State thinks— (a) would be against the interests of national security, (b) might jeopardise the safety of any person in England and Wales, or (c) might prejudice the investigation or prosecution of an offence under the law of England and Wales. (15) The Scottish Ministers may remove from an annual report any material whose publication the Scottish Ministers think— (a) might jeopardise the safety of any person in Scotland, or (b) might prejudice the investigation of an offence under the law of Scotland. (16) The Lord Advocate may remove from an annual report any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland. (17) The Department of Justice in Northern Ireland may remove from an annual report any material whose publication the department thinks— (a) might jeopardise the safety of any person in Northern Ireland, or (b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland. Modern Slavery Act 2015 (c. 30) 35 Part 4 — The Independent Anti-slavery Commissioner

43 Duty to co-operate with Commissioner (1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions. (2) A specified public authority must so far as reasonably practicable comply with a request made to it under this section. (3) A public authority which discloses information to the Commissioner in pursuance of subsection (2) does not breach any obligation of confidence owed by the public authority in relation to that information; but this does not apply in relation to patient information. (4) “Patient information” means information (however recorded) which— (a) relates to the physical or mental health or condition of an individual, to the diagnosis of an individual’s condition or to an individual’s care or treatment, or is to any extent derived directly or indirectly from such information, and (b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information). (5) Except as provided by subsection (3), subsection (2) does not require or authorise any disclosure of information which contravenes a restriction on the disclosure of information (however imposed). (6) In this section “specified public authority” means a public authority listed in Schedule 3. (7) The Scottish Ministers may by regulations amend that Schedule so as to— (a) add or remove a public authority having only functions which are exercisable in or as regards Scotland (a “Scottish public authority”); (b) amend an entry relating to a Scottish public authority. (8) The Department of Justice in Northern Ireland may by regulations amend that Schedule so as to— (a) add or remove a public authority having only functions which are exercisable in or as regards Northern Ireland (a “Northern Irish public authority”); (b) amend an entry relating to a Northern Irish public authority. (9) The Secretary of State may by regulations amend that Schedule so as to— (a) add or remove a public authority which is not a Scottish public authority or a Northern Irish public authority; (b) amend an entry relating to a public authority which is not a Scottish public authority or a Northern Irish public authority. (10) Regulations under subsection (7), (8) or (9) which add a public authority to Schedule 3 may contain provision modifying the application of this section in relation to that authority.

44 Restriction on exercise of functions (1) The Commissioner must not exercise any function in relation to an individual case. 36 Modern Slavery Act 2015 (c. 30) Part 4 — The Independent Anti-slavery Commissioner

(2) Subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.

PART 5

PROTECTION OF VICTIMS

45 Defence for slavery or trafficking victims who commit an offence (1) A person is not guilty of an offence if— (a) the person is aged 18 or over when the person does the act which constitutes the offence, (b) the person does that act because the person is compelled to do it, (c) the compulsion is attributable to slavery or to relevant exploitation, and (d) a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act. (2) A person may be compelled to do something by another person or by the person’s circumstances. (3) Compulsion is attributable to slavery or to relevant exploitation only if— (a) it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or (b) it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation. (4) A person is not guilty of an offence if— (a) the person is under the age of 18 when the person does the act which constitutes the offence, (b) the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and (c) a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act. (5) For the purposes of this section— “relevant characteristics” means age, sex and any physical or mental illness or disability; “relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking. (6) In this section references to an act include an omission. (7) Subsections (1) and (4) do not apply to an offence listed in Schedule 4. (8) The Secretary of State may by regulations amend Schedule 4.

46 Special measures for witnesses in criminal proceedings (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows. (2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress about testifying) for “section 4 of the Asylum and Immigration (Treatment of Modern Slavery Act 2015 (c. 30) 37 Part 5 — Protection of victims

Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”. (3) In section 25(4)(a) (offences where court may direct evidence to be given in private) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”. (4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.

47 Civil legal aid for victims of slavery (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (availability of civil legal services) is amended as follows. (2) In Part 1 (services), after paragraph 32 insert—

“Victims of slavery, servitude or forced or compulsory labour

32A (1) Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where— (a) there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or (b) there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim. (2) Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where— (a) the services are provided to the individual, or (b) the individual has died and the services are provided to the individual’s personal representative. (3) Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where— (a) the services are provided to the individual, or (b) the individual has died and the services are provided to the individual’s personal representative. Exclusions (4) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. (5) Sub-paragraphs (2) and (3) are subject to— (a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and (b) the exclusion in Part 3 of this Schedule. 38 Modern Slavery Act 2015 (c. 30) Part 5 — Protection of victims

Definitions (6) For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of slavery, servitude or forced or compulsory labour if a competent authority has determined that there are such grounds. (7) For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of slavery, servitude or forced or compulsory labour when a competent authority concludes that the individual is or is not such a victim. (8) For the purposes of this paragraph “slavery”, “servitude” and “forced or compulsory labour” have the same meaning as they have for the purposes of article 4 of the Human Rights Convention. (9) The “Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom. (10) The definitions of “competent authority”, “employment”, “employment law” and “personal representative” in paragraph 32(8) also apply for the purposes of this paragraph.” (3) In Part 3 (advocacy: exclusion and exceptions), in paragraph 13 for “or 32(1)” substitute “, 32(1) or 32A(1)”.

48 Independent child trafficking advocates (1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking. (2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supported by someone who is independent of any person who will be responsible for making decisions about the child. (3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. (4) A person appointed as an independent child trafficking advocate for a child must promote the child’s well-being and act in the child’s best interests. (5) The advocate may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child’s behalf. (6) The Secretary of State must make regulations about independent child trafficking advocates, and the regulations must in particular make provision— (a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate; (b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations; Modern Slavery Act 2015 (c. 30) 39 Part 5 — Protection of victims

(c) requiring an independent child trafficking advocate to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking; (d) about the functions of independent child trafficking advocates; (e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to— (i) recognise, and pay due regard to, the advocate’s functions, and (ii) provide the advocate with access to such information relating to the child as will enable the advocate to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information). (7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.

49 Guidance about identifying and supporting victims (1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about— (a) the sorts of things which indicate that a person may be a victim of slavery or human trafficking; (b) arrangements for providing assistance and support to persons who there are reasonable grounds to believe may be victims of slavery or human trafficking; (c) arrangements for determining whether there are reasonable grounds to believe that a person may be a victim of slavery or human trafficking. (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate. (4) If the Secretary of State makes regulations under section 50, the references in subsection (1) to “arrangements” include arrangements under the regulations.

50 Regulations about identifying and supporting victims (1) The Secretary of State may make regulations providing for assistance and support to be provided to persons— (a) who there are reasonable grounds to believe may be victims of slavery or human trafficking; (b) who are victims of slavery or human trafficking. (2) The Secretary of State may make regulations providing for public authorities to determine (for the purposes of regulations under subsection (1) or other purposes specified in the regulations) whether— (a) there are reasonable grounds to believe that a person may be a victim of slavery or human trafficking; (b) a person is a victim of slavery or human trafficking. 40 Modern Slavery Act 2015 (c. 30) Part 5 — Protection of victims

(3) Regulations under subsection (2) may in particular make provision about the public authorities who may make such determinations, and the criteria and procedure for doing so.

51 Presumption about age (1) This section applies where— (a) a public authority with functions under relevant arrangements has reasonable grounds to believe that a person may be a victim of human trafficking, and (b) the authority is not certain of the person’s age but has reasonable grounds to believe that the person may be under 18. (2) Until an assessment of the person’s age is carried out by a local authority or the person’s age is otherwise determined, the public authority must assume for the purposes of its functions under relevant arrangements that the person is under 18. (3) “Relevant arrangements” means arrangements for providing assistance and support to persons who are, or who there are reasonable grounds to believe may be, victims of human trafficking, as set out in— (a) guidance issued under section 49(1)(b); (b) any regulations made under section 50(1). (4) “Local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).

52 Duty to notify Secretary of State about suspected victims of slavery or human trafficking (1) If a public authority to which this section applies has reasonable grounds to believe that a person may be a victim of slavery or human trafficking it must notify— (a) the Secretary of State, or (b) if regulations made by the Secretary of State require it to notify a public authority other than the Secretary of State, that public authority. (2) The Secretary of State may by regulations make provision about the information to be included in a notification. (3) Regulations under subsection (2) must provide that a notification relating to a person aged 18 or over may not include information that— (a) identifies the person, or (b) enables the person to be identified (either by itself or in combination with other information), unless the person consents to the inclusion of the information. (4) Regulations under subsection (2)— (a) may provide that a public authority which includes information in a notification in accordance with the regulations does not breach any obligation of confidence owed by the public authority in relation to that information; (b) may not require or authorise the inclusion of information which contravenes any other restriction on the disclosure of information (however imposed). Modern Slavery Act 2015 (c. 30) 41 Part 5 — Protection of victims

(5) This section applies to— (a) a chief officer of police for a police area, (b) the chief constable of the British Transport Police Force, (c) the National Crime Agency, (d) a county council, (e) a county borough council, (f) a district council, (g) a London borough council, (h) the Greater London Authority, (i) the Common Council of the City of London, (j) the Council of the Isles of Scilly, (k) the Gangmasters Licensing Authority. (6) The Secretary of State may by regulations amend subsection (5) so as to— (a) add or remove a public authority; (b) amend the entry for a public authority.

53 Overseas domestic workers (1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to an overseas domestic worker— (a) who has been determined to be a victim of slavery or human trafficking, and (b) in relation to whom such other requirements are met as may be provided for by the rules. (2) Immigration rules must make provision as to the conditions on which such leave is to be granted, and must in particular provide— (a) that the leave is to be for the purpose of working as a domestic worker in a private household; (b) for a person who has such leave to be able to change employer (subject to paragraph (a)). (3) Immigration rules may specify a maximum period for which a person may have leave to remain in the United Kingdom by virtue of subsection (1). If they do so, the specified maximum period must not be less than 6 months. (4) For the purposes of this section an overseas domestic worker has been determined to be a victim of slavery or human trafficking if a public authority has determined that he or she is such a victim— (a) under regulations made under section 50(2)(b), or (b) where no such regulations apply, under arrangements identified in the immigration rules. (5) The Secretary of State must issue guidance to persons having functions under the Immigration Acts about the exercise of those functions in relation to an overseas domestic worker who may be a victim of slavery or human trafficking. (6) The guidance must provide for a period during which no enforcement action should be taken against such an overseas domestic worker in respect of his or her— 42 Modern Slavery Act 2015 (c. 30) Part 5 — Protection of victims

(a) remaining in the United Kingdom beyond the time limited by his or her leave to enter or remain, or (b) breaching a condition of that leave relating to his or her employment, if he or she did so because of the matters relied on as slavery or human trafficking. (7) In this section— “enforcement action” has the meaning given by section 24A of the Immigration Act 1971; “immigration rules” has the same meaning as in that Act; “overseas domestic worker” means a person who, under the immigration rules, has (or last had) leave to enter or remain in the United Kingdom as— (a) a domestic worker in a private household, or (b) a private servant in a diplomatic household.

PART 6

TRANSPARENCY IN SUPPLY CHAINS ETC

54 Transparency in supply chains etc (1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation. (2) A commercial organisation is within this subsection if it— (a) supplies goods or services, and (b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State. (3) For the purposes of subsection (2)(b), an organisation’s total turnover is to be determined in accordance with regulations made by the Secretary of State. (4) A slavery and human trafficking statement for a financial year is— (a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place— (i) in any of its supply chains, and (ii) in any part of its own business, or (b) a statement that the organisation has taken no such steps. (5) An organisation’s slavery and human trafficking statement may include information about— (a) the organisation’s structure, its business and its supply chains; (b) its policies in relation to slavery and human trafficking; (c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains; (d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk; (e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate; (f) the training about slavery and human trafficking available to its staff. Modern Slavery Act 2015 (c. 30) 43 Part 6 — Transparency in supply chains etc

(6) A slavery and human trafficking statement— (a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent); (b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member; (c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner; (d) if the organisation is any other kind of partnership, must be signed by a partner. (7) If the organisation has a website, it must— (a) publish the slavery and human trafficking statement on that website, and (b) include a link to the slavery and human trafficking statement in a prominent place on that website’s homepage. (8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received. (9) The Secretary of State— (a) may issue guidance about the duties imposed on commercial organisations by this section; (b) must publish any such guidance in a way the Secretary of State considers appropriate. (10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement. (11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988. (12) For the purposes of this section— “commercial organisation” means— (a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or (b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom, and for this purpose “business” includes a trade or profession; “partnership” means— (a) a partnership within the Partnership Act 1890, (b) a limited partnership registered under the Limited Partnerships Act 1907, or (c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom; “slavery and human trafficking” means— (a) conduct which constitutes an offence under any of the following— 44 Modern Slavery Act 2015 (c. 30) Part 6 — Transparency in supply chains etc

(i) section 1, 2 or 4 of this Act, (ii) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc), (iv) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation), (v) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (slavery, servitude and forced or compulsory labour), or (b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.

PART 7

MISCELLANEOUS AND GENERAL

Miscellaneous

55 Gangmasters Licensing Authority The Secretary of State must— (a) before the end of the period of 12 months beginning with the day on which this Act is passed, publish a paper on the role of the Gangmasters Licensing Authority, and (b) consult such representative bodies and other persons as the Secretary of State considers appropriate about the matters dealt with by that paper.

General

56 Interpretation (1) For the purposes of this Act a person is a victim of slavery if he or she is a victim of— (a) conduct which constitutes an offence under section 1, or (b) conduct which would have constituted an offence under that section if that section had been in force when the conduct occurred. (2) For the purposes of this Act a person is a victim of human trafficking if he or she is the victim of— (a) conduct which constitutes an offence under section 2, or would constitute an offence under that section if the person responsible for the conduct were a UK national, or (b) conduct which would have been within paragraph (a) if section 2 had been in force when the conduct occurred. (3) In this Act— “child” means a person under the age of 18; Modern Slavery Act 2015 (c. 30) 45 Part 7 — Miscellaneous and general

“country” includes territory or other part of the world; “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal; “UK national” has the meaning given by section 13.

57 Consequential provision (1) Schedule 5 contains minor and consequential amendments. (2) The Secretary of State may by regulations make whatever provision the Secretary of State thinks appropriate in consequence of this Act. (3) The provision which may be made by regulations under subsection (2) includes provision amending, repealing or revoking any provision of an Act or subordinate legislation (including an Act passed or subordinate legislation made in the same session as this Act).

58 Regulations (1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument. (2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless— (a) it contains only regulations under section 61 (commencement), or (b) it contains regulations to which subsection (4) applies. (3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (4) This section applies to— (a) regulations under section 14(4) (power to amend Schedule 1); (b) regulations under section 31(1) (power to amend section 30); (c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist; (d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43); (e) regulations under section 45(8) (power to amend Schedule 4); (f) regulations under section 48(6) (independent child trafficking advocates); (g) regulations under section 50 (identifying and supporting victims); (h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist; (i) regulations under section 54(2) (minimum turnover for application of section 54); (j) the first regulations under section 54(3) (definition of turnover for purposes of section 54); 46 Modern Slavery Act 2015 (c. 30) Part 7 — Miscellaneous and general

(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act. (5) Regulations made by the Scottish Ministers under section 43(7)— (a) are subject to the affirmative procedure if they contain— (i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or (ii) the provision mentioned in section 43(10) (power to modify section 43); (b) otherwise, are subject to the negative procedure. (6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies. (8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (9) This subsection applies to regulations under section 43(8) which contain— (a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or (b) the provision mentioned in section 43(10) (power to modify section 43). (10) Regulations made under this Act may— (a) make different provision for different purposes; (b) include saving, transitional, transitory, supplementary or consequential provision. (11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.

59 Financial provisions There is to be paid out of money provided by Parliament— (a) any expenditure incurred under or by virtue of this Act by the Secretary of State; (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

60 Extent (1) Parts 1, 2 and 5 (except for section 53) extend to England and Wales only, subject to subsection (4). (2) Part 3 extends as follows— (a) section 35 extends to England and Wales only; (b) section 36 extends to Scotland only; (c) section 37 extends to Northern Ireland only; Modern Slavery Act 2015 (c. 30) 47 Part 7 — Miscellaneous and general

(d) sections 38 and 39, and Schedule 2, extend to England and Wales, Scotland and Northern Ireland. (3) Part 4, section 53 in Part 5 and Parts 6 and 7 extend to England and Wales, Scotland and Northern Ireland, subject to subsections (4) and (5). (4) An amendment or repeal made by this Act has the same extent as the provision amended or repealed. (5) But the amendments and repeals made by the following provisions of Schedule 5 extend to England and Wales only— (a) paragraph 2, (b) paragraph 5(2), (c) paragraph 6, (d) paragraph 8, (e) paragraph 21. (6) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.

61 Commencement (1) This Act comes into force on whatever day or days the Secretary of State appoints by regulations, subject to subsections (2) and (3). (2) Section 48(7) comes into force at the end of the period of 2 months beginning with the day on which this Act is passed. (3) This Part, other than section 57(1) and Schedule 5, comes into force on the day on which this Act is passed. (4) Before making regulations bringing into force any of the provisions of Part 3, the Secretary of State must consult— (a) the Scottish Ministers, so far as the provisions extend to Scotland; (b) the Department of Justice in Northern Ireland, so far as the provisions extend to Northern Ireland. (5) The Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) before the end of the period of 9 months beginning with the day on which this Act is passed. (6) After the end of that period— (a) if a resolution is passed by each House of Parliament that section 48(1) to (6) (or any part of it) should come into force, the Secretary of State must make regulations under subsection (1) bringing into force that section (or that part of it); (b) the Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) unless required to do so by paragraph (a). (7) Regulations made by virtue of subsection (6)(a) must bring into force section 48(1) to (6) (or the part of it specified in the resolutions) before the end of the period of one month beginning with the day on which the resolutions are passed (or, if they are passed on different days, the day on which the later of them is passed). 48 Modern Slavery Act 2015 (c. 30) Part 7 — Miscellaneous and general

(8) The Secretary of State may by regulations make whatever saving, transitory or transitional provision the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act.

62 Short title This Act may be cited as the Modern Slavery Act 2015. Modern Slavery Act 2015 (c. 30) 49 Schedule 1 — Slavery and human trafficking offences

SCHEDULES

SCHEDULE 1 Section 14

SLAVERY AND HUMAN TRAFFICKING OFFENCES

Nationality, Immigration and Asylum Act 2002 (c. 41)

1 An offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (trafficking for prostitution).

Sexual Offences Act 2003 (c. 42)

2 (1) An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act 2003 (trafficking for sexual exploitation). (2) An offence under section 62 of that Act (committing offence with intent to commit relevant sexual offence), where the relevant sexual offence the person in question intended to commit was an offence under section 57, 58, 58A, 59 or 59A of that Act.

Criminal Justice (Scotland) Act 2003 (asp 7)

3 An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

4 An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation).

Coroners and Justice Act 2009 (c. 25)

5 An offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

6 An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

Modern Slavery Act 2015 (c. 30)

7 An offence under section 1, 2 or 4 of this Act. 50 Modern Slavery Act 2015 (c. 30) Schedule 1 — Slavery and human trafficking offences

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

8 An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery, servitude and forced or compulsory labour; human trafficking).

Ancillary offences

9 (1) An offence of attempting or conspiring to commit an offence listed in this Schedule. (2) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence listed in this Schedule. (3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.

SCHEDULE 2 Sections 35, 36 and 37

ENFORCEMENT POWERS IN RELATION TO SHIPS

PART 1

ENGLAND AND WALES

Introductory

1 (1) This Part of this Schedule sets out the powers exercisable by English and Welsh constables and enforcement officers under sections 35 and 38(1). (2) In this Part of this Schedule— “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act); “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

2 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that— (a) an offence under section 1 or 2 is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of an offence under either of those sections. (2) The constable or enforcement officer may— (a) stop the ship; (b) board the ship; Modern Slavery Act 2015 (c. 30) 51 Schedule 2 — Enforcement powers in relation to ships Part 1 — England and Wales

(c) require the ship to be taken to a port (in England and Wales or elsewhere) and detained there. (3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom. (4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship. (5) If the constable or enforcement officer is acting under authority given for the purposes of section 35(5), the constable or enforcement officer may require the ship to be taken to— (a) a port in the home state or relevant territory in question, or (b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship. (6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5). (7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph. (8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

3 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to an offence under section 1 or 2, or (b) to an offence that is connected with an offence under either of those sections. (2) The constable or enforcement officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may— 52 Modern Slavery Act 2015 (c. 30) Schedule 2 — Enforcement powers in relation to ships Part 1 — England and Wales

(a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or enforcement officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the constable or enforcement officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

4 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that an offence under section 1 or 2 has been, or is being, committed on the ship. (2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence. (3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Code of practice

5 (1) The Secretary of State must prepare and issue a code in respect of the practice to be followed by English and Welsh constables and enforcement officers when arresting a person under the power conferred by paragraph 4. (2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters). (3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings. (4) The code— (a) is admissible in evidence in criminal and civil proceedings, and (b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. (5) The Secretary of State may at any time revise the whole or any part of the code. (6) The code, or any revision of the code, does not come into operation until the Secretary of State so provides in regulations. (7) Regulations under this paragraph are to be made by statutory instrument. Modern Slavery Act 2015 (c. 30) 53 Schedule 2 — Enforcement powers in relation to ships Part 1 — England and Wales

(8) An instrument containing regulations under this paragraph that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (9) An instrument containing regulations under this paragraph that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in sub-paragraph (8)). (10) Where an instrument, or a draft of an instrument, is laid, the code or revision of the code to which it relates must also be laid.

Assistants

6 (1) An English and Welsh constable or an enforcement officer may— (a) be accompanied by other persons, and (b) take equipment or materials, to assist the constable or officer in the exercise of powers under this Part of this Schedule. (2) A person accompanying a constable or an enforcement officer under subparagraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.

Reasonable force

7 An English and Welsh constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

8 An English and Welsh constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

9 An English and Welsh constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that— (a) the act was done in good faith, and (b) there were reasonable grounds for doing it.

Offences

10 (1) A person commits an offence under the law of England and Wales if the person— (a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions. 54 Modern Slavery Act 2015 (c. 30) Schedule 2 — Enforcement powers in relation to ships Part 1 — England and Wales

(2) A person who provides information in response to a requirement made by a constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine.

PART 2

SCOTLAND

Introductory

11 (1) This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4). (2) In this Part of this Schedule— “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act); “listed offence” has the meaning given by section 36(8); “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

12 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that— (a) a listed offence is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of a listed offence. (2) The constable or enforcement officer may— (a) stop the ship; (b) board the ship; (c) require the ship to be taken to a port (in Scotland or elsewhere) and detained there. (3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom. (4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship. (5) If the constable or enforcement officer is acting under authority given for the purposes of section 36(5), the constable or officer may require the ship to be taken to— (a) a port in the home state or relevant territory in question, or Modern Slavery Act 2015 (c. 30) 55 Schedule 2 — Enforcement powers in relation to ships Part 2 — Scotland

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship. (6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5). (7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph. (8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

13 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to a listed offence, or (b) to an offence that is connected with a listed offence. (2) The constable or enforcement officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The constable or enforcement officer may require a person on the ship to give information about himself or herself. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may— (a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the constable or officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3). 56 Modern Slavery Act 2015 (c. 30) Schedule 2 — Enforcement powers in relation to ships Part 2 — Scotland

Power of arrest and seizure

14 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship. (2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence. (3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Assistants

15 (1) A Scottish constable or an enforcement officer may— (a) be accompanied by other persons, and (b) take equipment or materials, to assist the constable or officer in the exercise of powers under this Part of this Schedule. (2) A person accompanying a constable or an enforcement officer under subparagraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.

Reasonable force

16 A Scottish constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

17 A Scottish constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.

Offences

18 (1) A person commits an offence under the law of Scotland if the person— (a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions. (2) A person who provides information in response to a requirement made by a Scottish constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A person guilty of an offence under this paragraph is liable— Modern Slavery Act 2015 (c. 30) 57 Schedule 2 — Enforcement powers in relation to ships Part 2 — Scotland

(a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine.

PART 3

NORTHERN IRELAND

Introductory

19 (1) This Part of this Schedule sets out the powers exercisable by Northern Ireland constables and enforcement officers under sections 37 and 38(7). (2) In this Part of this Schedule— “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (1989/1341 (N.I. 12)) (see Article 12 of that Order); “listed offence” has the meaning given by section 37(9); “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

20 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that— (a) a listed offence is being, or has been, committed on the ship, or (b) the ship is otherwise being used in connection with the commission of a listed offence. (2) The constable or enforcement officer may— (a) stop the ship; (b) board the ship; (c) require the ship to be taken to a port (in Northern Ireland or elsewhere) and detained there. (3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom. (4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship. (5) If the constable or enforcement officer is acting under authority given for the purposes of section 37(6), the constable or officer may require the ship to be taken to— (a) a port in the home state or relevant territory in question, or (b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship. (6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5). 58 Modern Slavery Act 2015 (c. 30) Schedule 2 — Enforcement powers in relation to ships Part 3 — Northern Ireland

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph. (8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

21 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— (a) to a listed offence, or (b) to an offence that is connected with a listed offence. (2) The constable or enforcement officer may search— (a) the ship; (b) anyone on the ship; (c) anything on the ship (including cargo). (3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship. (4) The power to search conferred by sub-paragraph (2)— (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and (b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves. (5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may— (a) open any containers; (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege); (c) make photographs or copies of anything the production of which the constable or officer has power to require. (6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away. (7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

22 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship. Modern Slavery Act 2015 (c. 30) 59 Schedule 2 — Enforcement powers in relation to ships Part 3 — Northern Ireland

(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence. (3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Code of practice

23 (1) The Department of Justice in Northern Ireland must prepare and issue a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by paragraph 22. (2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters). (3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings. (4) The code— (a) is admissible in evidence in criminal and civil proceedings, and (b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. (5) The Department of Justice may at any time revise the whole or any part of the code. (6) The code, or any revision of the code, does not come into operation until the Department of Justice— (a) lays a draft of the code, or revised code, before the Northern Ireland Assembly, and (b) provides by order for the code, or revised code, to come into operation. (7) An order bringing the code into operation may contain such transitional provisions or savings as appear to the Department of Justice to be necessary or expedient. (8) An order under this paragraph is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). (9) The power of the Department of Justice to make an order under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Assistants

24 (1) A Northern Ireland constable or an enforcement officer may— (a) be accompanied by other persons, and (b) take equipment or materials, 60 Modern Slavery Act 2015 (c. 30) Schedule 2 — Enforcement powers in relation to ships Part 3 — Northern Ireland

to assist the constable or officer in the exercise of powers under this Part of this Schedule. (2) A person accompanying a constable or an enforcement officer under subparagraph (1) may perform any of the constable’s or officer’s functions under this Part of this Schedule, but only under the constable’s or officer’s supervision.

Reasonable force

25 A Northern Ireland constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

26 A Northern Ireland constable or an enforcement officer must produce evidence of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

27 A Northern Ireland constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that— (a) the act was done in good faith, and (b) there were reasonable grounds for doing it.

Offences

28 (1) A person commits an offence under the law of Northern Ireland if the person— (a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or (b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions. (2) A person who provides information in response to a requirement made by a Northern Ireland constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if— (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or (b) the person intentionally fails to disclose any material particular. (3) A person guilty of an offence under this paragraph is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both. Modern Slavery Act 2015 (c. 30) 61 Schedule 3 — Public authorities under a duty to co-operate with the Commissioner

SCHEDULE 3 Section 43

PUBLIC AUTHORITIES UNDER A DUTY TO CO-OPERATE WITH THE COMMISSIONER

Law enforcement and border security

A chief officer of police for a police area in England and Wales. The chief constable of the British Transport Police Force. The National Crime Agency. An immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum. A designated customs official (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009).

Local government

A county council in England or Wales. A county borough council in Wales. A district council in England. A London borough council. The Greater London Authority. The Common Council of the City of London. The Council of the Isles of Scilly.

Health bodies

A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006. An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006. A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Regulators

The Gangmasters Licensing Authority.

SCHEDULE 4 Section 45

OFFENCES TO WHICH DEFENCE IN SECTION 45 DOES NOT APPLY

Common law offences

1 False imprisonment. 62 Modern Slavery Act 2015 (c. 30) Schedule 4 — Offences to which defence in section 45 does not apply

2 Kidnapping. 3 Manslaughter. 4Murder. 5 Perverting the course of justice. 6Piracy.

Offences against the Person Act 1861 (c. 100)

7 An offence under any of the following provisions of the Offences Against the Person Act 1861— section 4 (soliciting murder) section 16 (threats to kill) section 18 (wounding with intent to cause grievous bodily harm) section 20 (malicious wounding) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence) section 22 (using drugs etc to commit or assist in the committing of an indictable offence) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm) section 27 (abandoning children) section 28 (causing bodily injury by explosives) section 29 (using explosives with intent to do grievous bodily harm) section 30 (placing explosives with intent to do bodily injury) section 31 (setting spring guns etc with intent to do grievous bodily harm) section 32 (endangering safety of railway passengers) section 35 (injuring persons by furious driving) section 37 (assaulting officer preserving wreck) section 38 (assault with intent to resist arrest).

Explosive Substances Act 1883 (c. 3)

8 An offence under any of the following provisions of the Explosive Substances Act 1883— section 2 (causing explosion likely to endanger life or property) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) section 4 (making or possession of explosives under suspicious circumstances).

Infant Life (Preservation) Act 1929 (c. 34)

9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). Modern Slavery Act 2015 (c. 30) 63 Schedule 4 — Offences to which defence in section 45 does not apply

Children and Young Persons Act 1933 (c. 12)

10 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

11 An offence under section 2 of the Public Order Act 1936 (control etc of quasi- military organisation).

Infanticide Act 1938 (c. 36)

12 An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 (c. 27)

13 An offence under any of the following provisions of the Firearms Act 1968— section 5 (possession of prohibited firearms) section 16 (possession of firearm with intent to endanger life) section 16A (possession of firearm with intent to cause fear of violence) section 17(1) (use of firearm to resist arrest) section 17(2) (possession of firearm at time of committing or being arrested for specified offence) section 18 (carrying firearm with criminal intent).

Theft Act 1968 (c. 60)

14 An offence under any of the following provisions of the Theft Act 1968— section 8 (robbery or assault with intent to rob) section 9 (burglary), where the offence is committed with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in it section 10 (aggravated burglary) section 12A (aggravated vehicle-taking), where the offence involves an accident which causes the death of any person section 21 (blackmail).

Criminal Damage Act 1971 (c. 48)

15 The following offences under the Criminal Damage Act 1971— an offence of arson under section 1 an offence under section 1(2) (destroying or damaging property) other than an offence of arson.

Immigration Act 1971 (c. 77)

16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state).

Customs and Excise Management Act 1979 (c. 2)

17 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods 64 Modern Slavery Act 2015 (c. 30) Schedule 4 — Offences to which defence in section 45 does not apply

prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Taking of Hostages Act 1982 (c. 28)

18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage- taking).

Aviation Security Act 1982 (c. 36)

19 An offence under any of the following provisions of the Aviation Security Act 1982— section 1 (hijacking) section 2 (destroying, damaging or endangering safety of aircraft) section 3 (other acts endangering or likely to endanger safety of aircraft) section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983 (c. 20)

20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Child Abduction Act 1984 (c. 37)

21 An offence under any of the following provisions of the Child Abduction Act 1984— section 1 (abduction of child by parent etc) section 2 (abduction of child by other persons).

Public Order Act 1986 (c. 64)

22 An offence under any of the following provisions of the Public Order Act 1986— section 1 (riot) section 2 (violent disorder).

Criminal Justice Act 1988 (c. 33)

23 An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988 (c. 52)

24 An offence under any of the following provisions of the Road Traffic Act 1988— section 1 (causing death by dangerous driving) section 3A (causing death by careless driving when under the influence of drink or drugs).

Aviation and Maritime Security Act 1990 (c. 31)

25 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— section 1 (endangering safety at aerodromes) Modern Slavery Act 2015 (c. 30) 65 Schedule 4 — Offences to which defence in section 45 does not apply

section 9 (hijacking of ships) section 10 (seizing or exercising control of fixed platforms) section 11 (destroying fixed platforms or endangering their safety) section 12 (other acts endangering or likely to endanger safe navigation) section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

26 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Protection from Harassment Act 1997 (c. 40)

27 An offence under any of the following provisions of the Protection from Harassment Act 1997— section 4 (putting people in fear of violence) section 4A (stalking involving fear of violence or serious alarm or distress).

Crime and Disorder Act 1998 (c. 37)

28 An offence under any of the following provisions of the Crime and Disorder Act 1998 — section 29 (racially or religiously aggravated assaults) section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

Terrorism Act 2000 (c. 11)

29 An offence under any of the following provisions of the Terrorism Act 2000— section 54 (weapons training) section 56 (directing terrorist organisation) section 57 (possession of article for terrorist purposes) section 59 (inciting terrorism overseas).

International Criminal Court Act 2001 (c. 17)

30 An offence under any of the following provisions of the International Criminal Court Act 2001— section 51 (genocide, crimes against humanity and war crimes) section 52 (ancillary conduct).

Anti-terrorism, Crime and Security Act 2001 (c. 24)

31 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001— section 47 (use of nuclear weapons) section 50 (assisting or inducing certain weapons-related acts overseas) 66 Modern Slavery Act 2015 (c. 30) Schedule 4 — Offences to which defence in section 45 does not apply

section 113 (use of noxious substance or thing to cause harm or intimidate).

Female Genital Mutilation Act 2003 (c. 31)

32 An offence under any of the following provisions of the Female Genital Mutilation Act 2003— section 1 (female genital mutilation) section 2 (assisting a girl to mutilate her own genitalia) section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

Sexual Offences Act 2003 (c. 42)

33 An offence under any of the following provisions of the Sexual Offences Act 2003— section 1 (rape) section 2 (assault by penetration) section 3 (sexual assault) section 4 (causing person to engage in sexual activity without consent) section 5 (rape of child under 13) section 6 (assault of child under 13 by penetration) section 7 (sexual assault of child under 13) section 8 (causing or inciting child under 13 to engage in sexual activity) section 9 (sexual activity with a child) section 10 (causing or inciting a child to engage in sexual activity) section 13 (child sex offences committed by children or young persons) section 14 (arranging or facilitating commission of child sex offence) section 15 (meeting a child following sexual grooming) section 16 (abuse of position of trust: sexual activity with a child) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity) section 18 (abuse of position of trust: sexual activity in presence of child) section 19 (abuse of position of trust: causing a child to watch a sexual act) section 25 (sexual activity with a child family member) section 26 (inciting a child family member to engage in sexual activity) section 30 (sexual activity with a person with a mental disorder impeding choice) section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice) section 33 (causing a person with a mental disorder impeding choice to watch a sexual act) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) Modern Slavery Act 2015 (c. 30) 67 Schedule 4 — Offences to which defence in section 45 does not apply

section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception) section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder) section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception) section 38 (care workers: sexual activity with a person with a mental disorder) section 39 (care workers: causing or inciting sexual activity) section 40 (care workers: sexual activity in the presence of a person with a mental disorder) section 41 (care workers: causing a person with a mental disorder to watch a sexual act) section 47 (paying for sexual services of a child) section 48 (causing or inciting child prostitution or pornography) section 49 (controlling a child prostitute or a child involved in pornography) section 50 (arranging or facilitating child prostitution or pornography) section 61 (administering a substance with intent) section 62 (committing offence with intent to commit sexual offence) section 63 (trespass with intent to commit sexual offence) section 64 (sex with an adult relative: penetration) section 65 (sex with an adult relative: consenting to penetration) section 66 (exposure) section 67 (voyeurism) section 70 (sexual penetration of a corpse).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

34 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Terrorism Act 2006 (c. 11)

35 An offence under any of the following provisions of the Terrorism Act 2006— section 5 (preparation of terrorist acts) section 6 (training for terrorism) section 9 (making or possession of radioactive device or material) section 10 (use of radioactive device or material for terrorist purposes) section 11 (terrorist threats relating to radioactive devices etc).

Modern Slavery Act 2015 (c. 30)

36 An offence under any of the following provisions of the Modern Slavery Act 2015— section 1 (slavery, servitude and forced or compulsory labour) section 2 (human trafficking). 68 Modern Slavery Act 2015 (c. 30) Schedule 4 — Offences to which defence in section 45 does not apply

Ancillary offences

37 (1) An offence of attempting or conspiring to commit an offence listed in this Schedule. (2) An offence committed by aiding, abetting, counselling or procuring an offence listed in this Schedule. (3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.

SCHEDULE 5 Section 57

MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1

AMENDMENTS RELATING TO OFFENCES

Children and Young Persons Act 1933 (c. 12)

1 (1) Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions of the Act apply) is amended as follows. (2) In the first entry relating to the Sexual Offences Act 2003 omit “59A to”. (3) Omit the entry relating to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. (4) After that entry insert— “ An offence against a child or young person under section 2 of the Modern Slavery Act 2015 (human trafficking), or any attempt to commit such an offence.”

Immigration Act 1971 (c. 77)

2 In section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a passenger” to the end substitute “the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).”

Police and Criminal Evidence Act 1984 (c. 60)

3 In section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”) after paragraph (r) insert— “(s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).” Modern Slavery Act 2015 (c. 30) 69 Schedule 5 — Minor and consequential amendments Part 1 — Amendments relating to offences

Sexual Offences (Amendment) Act 1992 (c. 34)

4 In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under law of England and Wales to which the Act applies)— (a) after paragraph (da) insert— “(db) any offence under section 2 of the Modern Slavery Act 2015 (human trafficking);”; (b) in paragraph (e) for “(da)” substitute “(db)”.

Sexual Offences Act 2003 (c. 42)

5 (1) The Sexual Offences Act 2003 is amended as follows. (2) Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and detention). (3) In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 63A insert— “63B An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).” (4) In Schedule 6, omit paragraphs 31(2)(b) and 46(2).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

6 (1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows. (2) Omit section 4 (trafficking people for exploitation). (3) In section 5 (section 4 - supplementary provision) omit subsections (3) to (7) and (11). (4) In section 14(2) (immigration officers’ power of arrest)— (a) omit paragraphs (n) and (p); (b) after paragraph (q) insert— “(r) an offence under section 2 of the Modern Slavery Act 2015.”

Serious Crime Act 2007 (c. 27)

7 (1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows. (2) After paragraph 1 insert—

“Slavery etc 1A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).” (3) In paragraph 2, at the end insert— “(4) An offence under section 2 of the Modern Slavery Act 70 Modern Slavery Act 2015 (c. 30) Schedule 5 — Minor and consequential amendments Part 1 — Amendments relating to offences

2015.”

Coroners and Justice Act 2009 (c. 25)

8 Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

Protection of Freedoms Act 2012 (c. 9)

9 (1) The Protection of Freedoms Act 2012 is amended as follows. (2) Omit sections 109 and 110. (3) In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

10 In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking victims: definitions), in the definition of “exploitation” for the words from “section” to the end substitute “section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act);”.

PART 2

AMENDMENTS RELATING TO SLAVERY AND TRAFFICKING REPARATION ORDERS

Administration of Justice Act 1970 (c. 31)

11 (1) The Administration of Justice Act 1970 is amended as follows. (2) In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “, 13A or 13B”. (3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph 13A insert— “13B Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.”

Criminal Justice Act 1991 (c. 53)

12 (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows. (2) In subsection (1), for “or unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”. (3) In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”. (4) In subsection (4), after the definition of “prescribed” insert— ““slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;”. Modern Slavery Act 2015 (c. 30) 71 Schedule 5 — Minor and consequential amendments Part 2 — Amendments relating to slavery and trafficking reparation orders

Social Security (Recovery of Benefits) Act 1997 (c. 27)

13 In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), for “2000 or” substitute “2000, section 8 of the Modern Slavery Act 2015,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

14 In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (review of compensation orders), for the words from “a confiscation order” to the end substitute “any or all of the following made against him in the same proceedings— (i) a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002; (ii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (iii) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015; or”.

Proceeds of Crime Act 2002 (c. 29)

15 (1) Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on court’s other powers) is amended as follows. (2) In subsection (3)(a)— (a) for “or an” substitute “, an”; (b) after “(unlawful profit orders)” insert “or an order under section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders)”. (3) In subsection (5)— (a) in paragraph (a) after “makes” insert “a confiscation order and one or more of”; (b) in paragraph (a)(i) omit “both a confiscation order and”; (c) in paragraph (a)(ii) omit “both a confiscation order and”; (d) after paragraph (a)(ii) insert— “(iia) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015,”; (e) omit paragraph (a)(iii); (f) in paragraph (b) omit “both the orders or”. (4) In subsection (6) (priorities of confiscation orders and other orders) for the words from “of the compensation” to “as it specifies” substitute “as it specifies of the amount (or amounts) payable under the order (or orders) listed in subsection (5)(a)(i) to (iia)”. 16 In section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “in relation to it”. 17 In section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “in relation to it”. 72 Modern Slavery Act 2015 (c. 30) Schedule 5 — Minor and consequential amendments Part 2 — Amendments relating to slavery and trafficking reparation orders

18 In section 32(7)(b) of the Proceeds of Crime Act 2002 (court’s powers on appeal) at the end insert “in relation to it”. 19 In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme Court) at the end insert “in relation to it”. 20 In section 55(5) of the Proceeds of Crime Act 2002 (application of sums received under confiscation order to pay compensation), for the words from “of compensation” to “profit order” substitute “payable under an order listed in section 13(5)(a)(i) to (iia)”. 21 In section 308 of the Proceeds of Crime Act 2002 (general exceptions to concept of recoverable property) after subsection (4) insert— “(4A) If— (a) a payment is made to a person in pursuance of a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, and (b) apart from this subsection, the sum received would be recoverable property, the property ceases to be recoverable.” 22 In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).

Courts Act 2003 (c. 39)

23 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows. (2) In paragraph 2(2)— (a) omit the “and” at the end of the definition of “a sum required to be paid by a compensation order”; (b) after the definition of “a sum required to be paid by an unlawful profit order” insert— ““a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.” (3) In paragraph 7A(1) for “or an unlawful profit order” substitute “, an unlawful profit order or a slavery and trafficking reparation order”. (4) In paragraph 13(1)(aa)— (a) for “or a sum” substitute “, a sum”; (b) after “unlawful profit order” insert “or a sum required to be paid by a slavery and trafficking reparation order”; (c) in sub-paragraph (i) for “or the” substitute “, the”; (d) in that sub-paragraph after “unlawful profit order” insert “or the amount required to be paid by the slavery and trafficking reparation order”. Modern Slavery Act 2015 (c. 30) 73 Schedule 5 — Minor and consequential amendments Part 2 — Amendments relating to slavery and trafficking reparation orders

Criminal Justice Act 2003 (c. 44)

24 In section 151(5) of the Criminal Justice Act 2003 (orders for persistent offenders previously fined) after “2013” insert “or a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015”. 25 (1) Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment of surcharge) is amended as follows. (2) In subsection (3)— (a) in paragraph (a) for the words from “a” to “both)” substitute “one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order”; (b) in paragraph (b) for the words from “and appropriate compensation” to the end substitute “and appropriate amounts under such of those orders as it would be appropriate to make,”. (3) In subsection (5) for “this section” substitute “this section — “slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

26 In paragraph 1 of Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges: exempted payments)— (a) omit “or” at the end of sub-paragraph (b); (b) at the end of sub-paragraph (c) insert “or (d) section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).”

Prevention of Social Housing Fraud Act 2013 (c. 3)

27 (1) The Prevention of Social Housing Fraud Act 2013 is amended as follows. (2) In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act 2000 to unlawful profit orders)— (a) for the words from “133(3)(c)” to “confiscation order or” substitute “133(3)(c)(ii) to an unlawful profit order under section 4 were to”; (b) omit the second “(or both)”. (3) In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).

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TSO@Blackwell and other Accredited Agents Human Trafficking and Public Corruption A report by the IBA’s Presidential Task Force Against Human Trafficking Contents

Acknowledgments 3

Preface: IBA President’s message 4

Chapter 1. Introduction 5

Chapter 2. Methodology 8

Chapter 3. What is human trafficking? 9

Chapter 4. What is corruption? 12

4.1 Corruption under UNCAC and UNTOC 12

4.2 OECD Anti-Bribery Convention 14

Chapter 5. An analysis of the role of corruption in human trafficking 15

5.1 The links between corruption and human trafficking 15

5.2 Types of human trafficking-related corruption 19

5.2.1 Public officials as human traffickers 19

5.2.2 Public officials as facilitators of human trafficking 24

5.2.3 Public officials as facilitators of impunity 29

Chapter 6. Recommendations 38

6.1 Raise awareness of the links between corruption and human trafficking 39

6.2 Institute joint anti-corruption and anti-human trafficking legal frameworks 40

6.3 Improve detection, investigative and enforcement capacity to combat corruption in human trafficking 41

6.4 Target resources to high risk areas 42

6.5 Punish corrupt officials 43

6.6 Monitor and review anti-corruption and anti-trafficking strategies 45 6.7 Improve employment practices 45

6.8 Foster a culture of integrity through codes of conduct 47

6.9 Engage stakeholders 48

6.10 Improve data collection and research on the nexus between human trafficking and corruption 50

Key recommendations 52

2 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Acknowledgments

The International Bar Association’s Presidential Task Force Against Human Trafficking would like to thank David W Rivkin, President of the International Bar Association, for his continued support of the Task Force’s work, including this report. Dr Anne Gallagher, Martina E Vandenberg and Gabrielle Williamson co-chair the Presidential Task Force, with Dr Luz Nagle and Gillian Rivers serving as Vice- Chairs.

The Task Force offers special thanks to Sarah Bessell of The Human Trafficking Pro Bono Legal Center and Dr Luz Nagle of the Stetson University College of Law for drafting the report. The report was edited by Martina E Vandenberg, Dr Anne Gallagher and David W Rivkin.

The Task Force thanks the IBA Anti-Corruption Committee for providing a substantive, expert review of the Report. Particular thanks go to Co-Chairs Robert Wyld (Johnson, Winter & Slattery) and Pascale Dubois (World Bank), and Dr Katherine Hall (Australian National University). Additional thanks goes to the following experts for their insightful comments and reviews of the report: Yu Ping Chan (UNODC); Declan Croucher (Verité); David Feingold (Ophidian Research Institute); Tejal Jesrani (UNODC); Simone Monasabien (UNODC); Matteo Pasquali (UNODC); and Jessica Tillipman (The George Washington University Law School).

The Task Force also thanks Jerry Nagle, Law Librarian, US Court of Appeals, 11th Circuit, and Wanita Scroggs, Law Librarian, Stetson University College of Law, for their extensive research contributions. Stetson University College of Law students Stan Abramenko, Anthony Marcantonio, Phyllis Nowlan, Natalia C Reyna Forero, Rachel Swansiger and Branden Tawil provided excellent research support.

The Task Force thanks Orrick, Herrington & Sutcliffe for providing extensive pro bono assistance in researching and substantiating the case studies in the report, specifically Rene A Kathawala and Caroline McIerney, who led the firm’s pro bono efforts. Carrie Barclay and Frances McKeown, senior research specialists, Research/Information Resources at Orrick, provided invaluable research for the report and The Williams Lea Word Processing Center in Orrick’s Global Operations Center provided additional support to the Task Force report team.

The Task Force is also grateful to Pamela Shearing of Debevoise & Plimpton, who has provided valuable support to the work of the Task Force.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 3 Preface

The International Bar Association (IBA) is committed to enhancing the rule of law. Since assuming the IBA presidency in 2015, I have sought to integrate that commitment into all of our work. To this end, among other projects, I launched the Judicial Integrity Initiative and continued the Presidential Task Force on Human Trafficking. In May 2016, the IBA publishedJudicial Systems and Corruption in partnership with the Basel Institution on Governance, and the Judicial Integrity Initiative has since pursued various projects designed to have a practical impact on judicial corruption. With this new report, the IBA’s Presidential Task Force on Human Trafficking has tackled two significant threats to the rule of law: human trafficking and public corruption.

Experts agree that human trafficking could not exist without corruption, but much of what we know about the intersection of corruption and trafficking is anecdotal. The Task Force therefore launched an extensive research project, identifying multiple corruption cases through press reports, case databases and court records. The Task Force analysed these case studies on trafficking and corruption, identifying patterns across the globe.

The Task Force’s methodology restricted the report only to those cases confirmed through criminal investigation or prosecution. However, the case study methodology had one unanticipated consequence: by focusing on cases in which the state prosecuted corrupt public officials, the data skewed towards those countries usually associated with a robust rule of law. In countries without the rule of law, corrupt officials enjoy complete impunity.

Two lessons may be drawn: first,all countries face the corruption–human trafficking nexus. No country is immune. Secondly, if we are to combat human trafficking, we must eliminate the corruption that makes these abuses both possible and profitable.

The case studies in this report make it clear that there is a great deal of work to be done. Corruption only exacerbates human trafficking’s tragic consequences. It is my hope that the recommendations in the report can be adopted to combat these twin scourges.

I would like to thank all of the officers of the Task Force, as well as The Human Trafficking Pro Bono Legal Center and its staff, for their leadership in bringing this report to fruition.

David W Rivkin President, International Bar Association

4 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Chapter 1. Introduction

‘Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organised crime, terrorism and other threats to human security to flourish.’ 1

‘Corruption is the lubricant that allows the wheel of human trafficking to adequately operate, imbedding itself at all levels, from the planning to the aftermath of the actual trade.’ 2

‘Corruption among foreign law enforcement authorities continues to undermine the efforts by governments to investigate, prosecute, and convict traffickers.’ 3

Corruption is an endemic feature of human trafficking. It is common to both sex and labour trafficking. Corruption enables traffickers’ often-successful efforts to evade justice. Examples abound: a police officer demands a bribe to ignore the presence of a child in a brothel; an immigration official receives payment to provide a forged passport; a judge dismisses a trafficking case in exchange for a share of the traffickers’ profits; a law enforcement official deports a trafficking victim to prevent her testimony against a criminal defendant; a government official accepts a bribe to fraudulently provide residency permits for foreign workers.

Such scenarios occur on a daily basis across the globe. But these are merely anecdotes, devoid of identifying details and stripped of evidentiary support. It is at this vague and uncorroborated level that much discussion of the intersection between corruption and human trafficking remains. This must change. Human trafficking involves corrupt public actors at all levels of government. Some are complicit in the trafficking offences of others; others actively engage in trafficking, profiting directly from the trade in human beings. The nexus between public corruption and human trafficking is ‘a systemic predicament that needs to be stopped.’4

Corruption presents significant challenges to efforts to prevent, investigate and prosecute trafficking crimes.5 Combating corruption is essential to any comprehensive strategy to end human trafficking.6

Unfortunately, while the link between trafficking and corruption is widely acknowledged, there is little data available to help explain what is happening, how, and to whom. Only a small handful of

1 UN Secretary-General Kofi Annan, ‘Foreword’, UN Convention against Corruption (adopted 31 October 2003, entered into force 14 December 2005) available at www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf. This and all other URLs herein last accessed 4 September 2016 unless otherwise specified. 2 IACC Workshop Summary, ‘14th International Anti-Corruption Conference 2010, Corruption and Human Trafficking: Unraveling the Undistinguishable for a Better Fight’ 1, hereinafter the ‘IACC Workshop Summary’ available at http://14iacc.org/wp-content/uploads/ ws1.2CamilleKarbassi_LR.pdf. 3 2003 Trafficking Victims Protection Reauthorization Act, Section 2, Congressional Findings, HR 2620, para 5. 4 See note 2, IACC Workshop Summary. 5 UNODC, The Role of Corruption in Trafficking in Persons (2011) 12 6 Ibid at 1.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 5 reliable studies provide confirmed examples linking corruption and trafficking and few case studies are available.7

Information on how governments are responding is similarly scarce.8 A 2004 article in International Migration noted, ‘There have been few reports on investigations into corruption offences relating to labour trafficking, with virtually no cases leading to convictions.’9 Little has changed since 2004: prosecutions for trafficking are still rare,10 and prosecutions for trafficking-related corruption are even rarer. Even when such prosecutions do take place, researchers struggle to secure case reports and judgments. Governments’ reticence to admit to corruption in the ranks renders these cases difficult to find and even more difficult to confirm.11 For their own safety, many non-governmental organisations (NGOs) do not publicly expose corruption allegations. This perfect storm of deception and denial leaves advocates ill-prepared to confront the corruption aspects of trafficking. The lack of corruption data makes it difficult to develop strategies to combat human trafficking.

In recent years, the intersection of trafficking and corruption has garnered attention, albeit piecemeal and of uneven quality. In 2008, the United Nations Office on Drugs and Crime (UNODC) issued a report on the subject.12 NGOs including Transparency International,13 Anti-Slavery International, Verité,14 and Liberty Asia15 (among others) have sought to shine a spotlight on this phenomenon. The United States Congress mandated in 2000 that the Department of State report on official complicity and corruption in its annualTrafficking in Persons country reports (TIP Reports).16

This report from the IBA’s Presidential Task Force on Human Trafficking strives to pull these disparate strands together to address three questions. First, what is the relationship between corruption and trafficking? How and to what extent does corruption facilitate the exploitation of

7 Ibid at 3. Beyond the UNODC’s publication, literature identifying concrete linkages between the two phenomena is sparse. Authors often mention corruption in human trafficking reports, but few analyse case studies to identify trends. Still fewer ‘have explored factors and mechanisms behind this [trafficking and corruption] nexus’. See Atanas Rusev,Human Trafficking, Border Security and Related Corruption in the EU, Migration and the Security Sector Paper Series (DCAF Brussels, 2013) 1. See also Philip Gounev and Tihomir Bezlov, Examining the Links between Organized Crime and Corruption (European Commission, 2010) 131–136; Malinvisa Sakdiyakorn and Sutthana Vichitrananda, ‘Corruption, Human Trafficking and Human Rights: The Case of Forced Labor and Sexual Exploitation in Thailand’, National Anti-Corruption Commission J, (Office of the National Anti-Corruption Commission, 2010) available at www.nacc.go.th/images/journal/malinvisa.pdf; Corbin B Lyday, The Shadow Market in Human Beings: An Anti-Corruption Perspective presented at ‘Mobilising Society Against Corruption: The Role of Women’s Organisations’, 10th International Anti-Corruption Conference, 7–11 October 2001, Prague. 8 Virginia M Kendall, ‘Greasing the Palm: An Argument for an Increased Focus on Public Corruption in the Fight Against International Human Trafficking’ (2011) 44 Cornell Int’l L.J. 33, 40. 9 Kathy Richards, ‘The Trafficking of Migrant Workers: What are the Links Between Labour Trafficking and Corruption?’ (2004) 42(5) Int’l Migration 147. 10 UNODC reports that ‘[o]nly 4 in 10 countries reported having 10 or more yearly convictions, with nearly 15 per cent having no convictions at all’ UNODC, Global Report on Human Trafficking (2015) 12. 11 Jan Van Dijk and Fanny Klerx-Van Mierlo, Indicators of Corruption: Further Explorations of the Link between Corruption and Implementation Failure in Anti-Human Trafficking Policies (University pf Tilburg, 2010) 17 available at www.tilburguniversity.edu/upload/501d3825-24c6-4e36-8a37- bb90b5d6ec3e_apartikelTrafficking.pdf. 12 UN Global Initiative to Fight Human Trafficking, ‘020 Workshop: Corruption: The Grease that Turns the Wheel of Human Trafficking’, Austria Center Vienna Background Paper (2008) UN.GIFT BP: 020 available at www.unodc.org/documents/human-trafficking/2008/ BP020CorruptionandHumanTrafficking.pdf. This report served as a background paper for an expert panel on the topic at the Vienna Forum to Fight Human Trafficking, 13–15 February 2008. 13 Transparency International, ‘Corruption and Human Trafficking’ (2011) Working Paper No 3/2011 available at www.ungift.org/doc/ knowledgehub/resource-centre/CSOs/TI-Working_Paper_Human_Trafficking_28_Jun_2011.pdf. 14 Verité, ‘Corruption & Labor Trafficking in Global Supply Chains’ (2013) White Paper available at https://www.verite.org/sites/default/files/ images/WhitePaperCorruptionLaborTrafficking.pdf. 15 Liberty Asia, ‘Modern Slavery and Corruption’, Briefing Paper (2016a); Liberty Asia,Modern Slavery and Corruption – Legal Analysis of Relevant Laws and Their Application (2016b). 16 The Victims of Trafficking and Violence Protection Act 2000 (US, Public Law 106–386) s 104(a) required the State Department to include official corruption and efforts to combat state officials’ participation in human trafficking in all human rights reporting. According to the State Department’s criteria, an indicia of ‘serious and sustained efforts’ to eliminate human trafficking is the extent to which a government ‘investigates, prosecutes, convicts, and sentences public officials... who participate in or facilitate severe forms of trafficking in persons…’ US Department of State, Trafficking in Persons Report (2015) 50.

6 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 human beings for private profit? Secondly, how can trafficking-related corruption be effectively addressed? And thirdly, how should advocates measure success?

Public corruption and its nexus with human trafficking remain under-reported.17 ‘Corruption is an endemic feature of human trafficking... it may even be fair to say human trafficking could not exist without corruption.’18

The IBA is committed to the rule of law, and its Presidential Task Force on Human Trafficking has elected to tackle corruption’s role in human trafficking to understand precisely how this phenomenon thwarts the rule of law. As Task Force member Judge Virginia Kendall has written, understanding corruption is essential to the investigation and prosecution of trafficking.19 Analysis of corruption’s role can also inform effective prevention strategies. Ultimately, investigation and prosecution, combined with prevention, will move us toward the end game: eradication of human trafficking worldwide.

17 This under-reporting is in contrast to increased reporting on broader human rights issues. See Ann Marie Clark and Kathryn Sikkink, ‘Information Effects and Human Rights Data: Is the Good News about Increased Human Rights Information Bad News for Human Rights Measures?’ (2013) 35 Human Rights Quarterly 539, 540. 18 Statement of IBA President David W Rivkin, Summit on Human Trafficking and Organized Crime Pontifical Academy of Social Sciences, 4 June 2016, The Vatican available at www.ibanet.org/Article/Detail.aspx?ArticleUid=d82cc7d8-b532-4f85-9e31-4cc648d8edc3. 19 See note 8, at 33, 40.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 7 Chapter 2. Methodology

The links between trafficking and corruption have not been extensively documented or analysed, and as such are poorly understood. Research in this area presents significant challenges. To the extent possible, the authors of this report have relied on primary sources, such as court documents and decisions, to identify examples and trends.20 They have also drawn on a wide range of secondary sources including: (1) scholarly articles; (2) reports and studies from governments, intergovernmental organisations and civil society groups; and (3) media reports. Primary sources have also been used, where possible, to verify information contained in secondary sources such as the annual US TIP Reports.

20 To identify cases, the authors drew from case databases such as the UNODC Trafficking Database, the University of Michigan Trafficking Case Database, and The Human Trafficking Pro Bono Legal Center’s Civil and Criminal Trafficking Case Databases.

8 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Chapter 3. What is human trafficking?

In December 2000, the international community adopted the United Nations Protocol to Suppress, Prevent and Punish Trafficking in Persons, Especially Women and Children (the ‘Trafficking Protocol’) as part of a group of treaties dealing with transnational organised crime and its various manifestations. The Trafficking Protocol set out the first-ever international legal definition of trafficking in persons:

‘“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’

The Trafficking Protocol classifies trafficking in children (defined as persons under the age of 18 years) differently. In such cases, it is not necessary to show that force, deception or any other means were used. All that is required is to show (a) an ‘action’ such as recruitment, buying and selling; and (b) that this action was for the specific purpose of exploitation. In other words, trafficking in children will exist as a matter of international law in situations where a child is subject to some act such as recruitment or transportation, for the purpose of his or her exploitation. This simplified definition, which removes the requirement to also show means such as force, fraud or coercion, is intended to make the identification of child victims of traffickingand the identification of their traffickers easier.

Table 1. Elements of the crime of trafficking in persons

UN Trafficking Protocol Children: Two elements must be present for a Adults: Three elements must be present Key element situation of trafficking in children (persons under 18 for a situation of trafficking in adults years old) 1. An action: Recruitment, transportation, transfer, harbouring or receipt of persons What traffickers do Threat or use of force or other forms of (Not required) coercion, abduction, fraud, deception, 2. By means of: abuse of power or position of vulnerability, giving or receiving payments or bene- How they do it fits to achieve consent of a person having control over another

3. For the purpose of: Exploitation (including, at a minimum, the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, Why they do it servitude or the removal of organs)

The key features of the international legal definition can be summarised as follows:

• Internal and cross-border: Trafficking can take place within a country (internal trafficking). Trafficking may also involve the movement of a victim across national borders. Migrants who move safely from one country to another are sometimes subsequently trafficked within their country of destination.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 9 • Purposes and profile of victims: Trafficking can take place for a range of purposes, most often for labour exploitation and sexual exploitation. Women and girls, men and boys can all be victims of trafficking.

• Not only about movement: The concept of trafficking in international law does not only refer to the process by which an individual is moved into a situation of exploitation; it extends to include the maintenance of that person in a situation of exploitation. Accordingly, it is not just the recruiter, broker or transporter who can be identified as a trafficker, but also the individual or entity involved in initiating or sustaining the exploitation.

• The role of ‘consent’: It is sometimes claimed that victims of trafficking consented to their exploitation. However, ‘consent’ in such cases is invariably compromised through force, deception or other means. That is reflected in the legal definition of trafficking, which affirms that the ‘means’ of trafficking in adults, such as fraud or coercion, operate to nullify consent.

The international community has affirmed a distinction between trafficking in persons and the smuggling of migrants. The Smuggling Protocol, a counterpart to the Trafficking Protocol, defines smuggling of migrants as ‘the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.’21 In practice, however, smuggling and trafficking sometimes overlap, as does the broader phenomenon of irregular migration. Figure 1 below illustrates these distinctions and overlaps.22

Figure 1. Distinguishing trafficking from other crimes

TraffickingTr in persons Recruiting,Re transporting, trantransferring,ansferring, harbouring or receivingre a person, througthroughgh deception, force, etc forf exploitation Migrant smugglingsmuggggling Facilitating illegalillegagal cross-border movementmovemement RelatedR crimes for profit Labour exploitation, forcedfo labour, forced marriage, ccommercialommercial sexual exploitation ooff childrenchildren,, unlawunlawfulful removal of organs etc

21 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (2000), UNGA Res 55/25 A(II) UN Doc A/45/49 (2001) GAOR (adopted 15 November 2000, entered into force 28 January 2004), Art 3(a). 22 States often erroneously characterise smuggling as trafficking to portray their efforts to block migrants’ entry into their territory as significant efforts to combat trafficking. This cynical misuse of vocabulary has implications for asylum policy. With few exceptions, the human smugglers who transported hundreds of thousands of migrants to Europe in 2015 and 2016 likely do not qualify as ‘traffickers’: simply delivering a migrant to a foreign country illegally is not trafficking; it is smuggling. To qualify as trafficking, the perpetrator must have the intent to exploit the individual at the point of destination.

10 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 As required by the Trafficking Protocol, the vast majority of countries criminalise most or all forms of human trafficking.23 But criminalisation has not led to eradication.24 Nor has it contributed to the availability of reliable data. Our understanding of trafficking prevalence, patterns and trends remains imperfect and incomplete. Trafficking is a covert activity involving marginalised individuals and ‘hidden populations’. Many of those who have been or are being exploited will never be identified or counted. It is therefore necessary to extrapolate from the very little reliable information and data that are available.

Yet even using available data, the obstacles are considerable. Most particularly, there are still questions around what is being counted when trafficking statistics are produced. For example, while the UNODC relies on the definition of trafficking set out in the Trafficking Protocol when compiling itsGlobal Report on Trafficking in Persons, the information in that report comes directly from Member States.25 However, not all States provide data in strict adherence to that definition.26

The International Labour Organization has undertaken important and ground-breaking work to measure the extent of forced labour, using the international legal definition first set out in the 1930 Forced Labour Convention. Although forced labour and trafficking will often overlap, the two concepts are not identical in law or in practice. The annual US Department of State TIP Report, discussed in the following sections, uses a definition established under US federal law. That definition differs in several important respects from the definition in the Trafficking Protocol. After earlier attempts were criticised, the TIP Report no longer provides global or even country estimates of prevalence.27

23 23 UNODC, Global Report on Human Trafficking (2014) 12 available at www.unodc.org/documents/data-and-analysis/glotip/GLOTIP_2014_ full_report.pdf. The report points out, however, that more than two billion people live without the protections outlined in the Trafficking Protocol, largely because their countries’ legislation fails to criminalise trafficking, or only covers a subset of all trafficking victims. 24 Despite growing criminalisation, the number of prosecutions and convictions of traffickers remains low. Ibid at 13. Criminal laws require implementation – investigation and enforcement – before there can be impact or eradication. 25 The UNODC asks Member States to identify trafficking victims based on court sentences, police records, and Identification and Referral mechanisms. UNODC, Multiple System Estimates for Estimating the Number of Victims of Human Trafficking Across the World (2016) 7 available at www.unodc.org/documents/data-and-analysis/tip/TiPMSE.pdf. 26 Ibid at 27–30. 27 The annual State Department TIP Report now restricts its hard data to numbers of victims identified and number of traffickers prosecuted and convicted. Other efforts from outside government are even more problematic in terms of being able to extrapolate across data sets. For example, the Global Slavery Index, which has been produced three times to date (2013, 2014 and 2016), measures what it calls ‘modern slavery’, a term that does not exist in national law; is defined by the authors of the report; and has been defined differently between one report and the next. The methodology used by the Index to measure the prevalence of modern slavery and the number of slaves as a percentage of the total (national) population has also been questioned. See, eg, Anne Gallagher, ‘The Global Slavery Index is Based on Flawed Data – Why Does No One Say So?’ (The Guardian (UK), 28 November 2014) available at www.theguardian.com/global-development/ poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 11 Chapter 4. What is corruption?

4.1 Corruption under UNCAC and UNTOC

Corruption is often the ‘elephant in the room’ when discussing human trafficking.28 The United Nations Convention against Corruption (UNCAC), adopted by the General Assembly in 2003,29 describes corruption as a force ‘undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law.’30 Transparency International has defined corruption simply as the ‘abuse of entrusted power for private gain.’31

Corruption’s corrosive effects include decreased access to public services, a lack of public trust in government, thwarted investment and market uncertainty.32 And although corruption appears in societies throughout the world, it is within contexts of instability, weak institutions and extreme poverty that corruption is particularly pervasive.33

The UNCAC does not explicitly define corruption, rather requiring States Parties to criminalise a range of conduct that would clearly fall within what is widely understood to constitute corruption. Chapter III of the treaty requires criminalisation of the following acts: national and foreign bribery (Articles 15–16); embezzlement, misappropriation or other diversion of property by a public official (Article 17); trading in influence (Article 18); abuse of functions (Article 19); illicit enrichment (Article 20); laundering of proceeds of crime (Article 23); concealment (Article 24); and obstruction of justice (Article 25).

States Parties to UNCAC are required to establish the acts listed in Chapter III of the UNCAC as criminal, civil or administrative offences within their domestic law. States Parties are further required to take a number of preventive measures against corruption including adoption of policies and legislation: to promote public integrity; to prevent, detect and punish corruption of public officials; to ensure that anti-corruption authorities are provided the independence necessary to deter undue influence; and to establish appropriate systems of public procurement.

28 M Bashir Uddin, ‘Human Trafficking in South Asia: Issues of Corruption and Human Security’ (2014) 2 Int’l J of Soc Work and Human Services Pract 18, 23 available at www.hrpub.org/download/20140305/IJRH3-19201859.pdf (noting that most people involved in combating human trafficking know about corruption but prefer not to discuss it). 29 United Nations Convention Against Corruption (2005) 3249 UNTS 41. The UNCAC was signed by 111 states. On 15 September 2005, it reached the 30 ratifications required for entry into force of the Convention, making the actual entry into force date 14 December 2005. 30 UNGA Res 58/4 (31 October 2003). 31 Transparency International, ‘Anti-Corruption Glossary’ (transparency.org, no date) available at www.transparency.org/glossary/term/ corruption. 32 See UNDP, Corruption and Development: Anti-Corruption Interventions for Poverty Reduction, Realization of the MDGs and Promoting Sustainable Development (2008) 25. 33 See, World Bank, Helping Countries Combat Corruption: The Role of the World Bank (1997) s 2 available at www1.worldbank.org/publicsector/ anticorrupt/corruptn/cor02.htm: ‘The causes of corruption are always contextual, rooted in a country’s policies, bureaucratic traditions, political development, and social history. Still, corruption tends to flourish when institutions are weak and government policies generate economic rents. Some characteristics of developing and transition settings make corruption particularly difficult to control.’ Also, ibid at 10, 16, which identifies: ‘(1) the absence of rules, regulations, policies and legislation; (2) weak systems of enforcement; (3) weak systems of oversight… ; (4) lack of accountability; (5) lack of transparency; (6) lack of checks and balances in the system (eg, institutional weaknesses in the legislative and judicial systems); (7) lack of integrity; (8) monopoly of power; (9) high degree of discretion; (10) low salaries; (11) high rewards compared to risks; and (12) low detection rate[s]’ as commonly cited causes of corruption. The United Nations Development Programme has also observed that ‘[c]ountries afflicted by structural poverty are likely to be suffering from systemic corruption because corruption is among the exacerbating conditions of poverty in countries already struggling with the strains of economic growth and democratic transition’ (ibid at 16).

12 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Fundamental to many of these provisions is the concept of a ‘public official’, defined in UNCAC Article 2 as ‘any person holding a legislative, executive, administrative, or judicial office of a State Party... any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party.’34

The United Nations Convention Against Transnational Organized Crime (UNTOC) also addresses public sector corruption. UNTOC is particularly relevant to the subject of this paper because, as the parent instrument to the Trafficking Protocol, its provisions are directly relevant to trafficking-related corruption and State Party responses to such corruption. UNTOC recognises corruption as an integral component of transnational organised crime.35 Article 8 of UNTOC requires States Parties to ‘consider’ establishing criminal offences for forms of corruption beyond active and passive bribery. 36

Like UNCAC, UNTOC does not define corruption, rather requiring States Parties to criminalise (1) active bribery (the giving of bribes); (2) passive bribery (the acceptance of bribes); and (3) participation as an accomplice to bribery.37 UNTOC does not cover issues relating to corruption in the private sector, unlike UNCAC, which specifically addresses private sector corruption in Article 12. UNTOC also includes mandatory preventive measures against corruption similar to those set out in the UNCAC.38

UNCAC and UNTOC are inter-related. The UNODC, which implements both conventions, has instructed that the obligations under UNCAC are to be taken into account when implementing UNTOC. In guidance to States for implementation of the Transnational Organized Crime Convention, UNODC notes:

‘It is important to take the obligations under the United Nations Convention against Corruption into account as work to implement the Organized Crime Convention is carried out, as more comprehensive requirements are likely to be included in the former, which States parties will be obligated to implement.’39

34 UNCAC Art 2(a). It should be noted that the ‘domestic law of the State party’ may adopt a broader definition of ‘public official’. Some states have expanded the definition of ‘public official’ to capture those who purport to or otherwise act through agencies or instrumentalities of a state. Such laws ensure that a corrupt public official cannot hind behind opaque structures and positions. See UNODC, State of Implementation of the United Nations Convention Against Corruption, UN Doc CAC/COSP/2015/5 (2015) 17. 35 UN Convention Against Transnational Organized Crime, opened for signature 15 November 2000, 2225 UNTS 209. The Convention, along with its supplementary protocols, are available on the UN treaties webpage at www.unodc.org/unodc/en/treaties/CTOC/. ‘If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights and defeat the forces of crime, corruption and trafficking in human beings.’ See UNTOC, ‘Foreword’ at iii. 36 Note that UNTOC uses the term ‘corruption’ interchangeably with ‘bribery’. Other anti-corruption conventions that follow a similar structure and approach to both UNTOC and UNCAC include: Art 2 of the Council of Europe Civil Law Convention on Corruption (adopted 4 November 1999, entered into force 1 November 2003) European Treaty Series, No 174; Convention on the Fight against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union (EU), drawn up on the basis of Article K 3(2c) of the Treaty on European Union, on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union (adopted 26 May 1997) Official Journal C 195, 1–11; Council of the European Union’s Framework Decision on Combating Corruption in the Private Sector (EU Decision on Corruption in the Private Sector), Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (entered into force 31 July 2003) (2003) Official Journal L 192, 54–56; OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which follows the same line, although it is reflected in the title, ‘Convention on Combating Bribery of Foreign Public Officials in International Business Transactions’ (adopted 21 November 1997, entered into force 15 February 1999), DAFFE/IME/BR (97) 20. 37 UNODC, Legislative Guides for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols Thereto (United Nations, 2004) 81–82, 84 available at www.unodc.org/pdf/crime/legislative_guides/Legislative%20guides_Full%20version.pdf. 38 UNTOC, Art 9. 39 See note 37 at 85.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 13 4.2 OECD Anti-Bribery Convention

The Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention creates legally binding standards under which States Parties must criminalise the paying of bribes to foreign public officials:

‘Each Party shall take such measures as may be necessary to establish that it is a criminal offence under its law for any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business.’40

The Convention defines a ‘foreign public official’ as:

‘Any person holding a legislative, administrative or judicial office of a foreign country, whether appointed or elected; any person exercising a public function for a foreign country, including for a public agency or public enterprise; and any official or agent of a public international organization.’41

The 41 signatories to the Anti-Bribery Convention account for approximately 80 per cent of the world’s exports and 90 per cent of total foreign direct investment outflows.42 This makes it a powerful tool in combating global corruption. Signatories also have an obligation to investigate and prosecute instances of suspected bribery of foreign public officials.43

Multiple regional instruments also prohibit public corruption, requiring criminalisation and extensive state action.44 Corruption is universally condemned, but unfortunately, despite international treaty instruments and regional efforts to curb corruption, it remains ubiquitous.

40 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Art 1 (entered into force 17 December 1997), S Treaty Doc No 105–143 (hereinafter the ‘OECD Anti-Bribery Convention’). 41 Ibid Art 1(4)(a). 42 OECD Working Group on Bribery, Annual Report (2014) 9. 43 OECD Anti-Bribery Convention, Art 5. 44 Other regional anti-corruption instruments include: Inter-American Convention Against Corruption (29 March 1996) S Treaty Doc No 105–139, 35 ILM 724; African Union Convention on Preventing and Combating Corruption (11 July 2003) 43 ILM 5; Council of Europe Civil Law Convention on Corruption (4 November 1999) Eur TS No 174; Council of Europe Criminal Law Convention on Corruption (27 January 1999) Eur TS No 173.

14 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Chapter 5. An analysis of the role of corruption in human trafficking

5.1 The links between corruption and human trafficking

Corruption and human trafficking are indisputably linked. One study suggests a strong correlation between the two, concluding that countries with high levels of institutional corruption are more likely to have high levels of human trafficking within their territory.45 Another study notes that trafficking ‘hot spots’ correlate with regions where there is a perception of impunity for public corruption.46

This is further supported by the OECD’s comparison of the US TIP Report 2014 with Transparency International’s 2014 Corruption Perception Index. This comparison showed a marked overlap between countries identified as having a serious human trafficking problem and countries perceived as experiencing serious corruption.47 A comparison of the 2015 reports shows similar results (see Figure 2). These findings are supported by victims’ accounts, which corroborate the thesis that corruption among public officials facilitates the trafficking of persons.48

Figure 2. Comparison of TI CPI 2015 and US TIP 2015

Note: The countries perceived to be least corrupt on the Transparency International Corruption Perception Index tend to fall within the Tier 1 category on the State Department rankings.The countries ranked as most corrupt tend to fall on the Tier 2 Watch List and Tier 3 of the State Department rankings. Source: Transparency International Corruption Perception Index 2015 and US TIP 2015.

45 Sheldon X Zhang and Samuel L Pineda, ‘Corruption as a Causal Factor in Human Trafficking’ in Diana Siegel and Hans Nelen, eds,Organized Crime: Culture, Markets and Policies (2008). 46 World Justice Project, WJP Rule of Law Index (2014) 38 available at http://worldjusticeproject.org/rule-of-law-index. 47 OECD, ‘Developing a Framework for Combatting Corruption Related to Trafficking in Persons’ Background Paper (2014) 10-11 (hereinafter the ‘OECD Background Paper’). 48 See note 5, UNODC (2011), at 4.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 15 Corruption enables human trafficking to flourish.49 As shown in the following case studies, corruption bolsters trafficking in four ways: corruption (1) allows the crime of human trafficking to remain invisible; (2) facilitates impunity even if trafficking is detected; (3) facilitates trafficking circuits in the country; and (4) increases the danger of re-victimisation for trafficking victims.50 Corruption undermines efforts to combat human trafficking, and leaves victims terrified, unable to seek assistance from law enforcement or other state institutions.

Who? – Actors engaged in trafficking-related corruption

Opportunities for corruption stretch across a wide range of official positions and branches of government. The results of a 2009 UNODC survey revealed that law enforcement officials (including police, border control, immigration, and customs officials) are considered to be those most likely to participate in trafficking-related corruption.51 While corruption is more prevalent within this group, a review of available evidence confirms that the reach of corruption is indeed much broader (see Figure 3). The Council of Europe, for example, also adds intelligence/security forces and armed forces to the list.52 Figure 3. Types of actors identified in report case studies

Note: The 72 case studies here represent a unique data set drawn from public reports and criminal cases across the globe. The data set is not comprehensive and represents a bias for cases in which the perpetrators faced criminal investigation and/or prosecution.

49 See note 12. 50 See note 2, IACC Workshop Summary, at 2. 51 UNODC sent questionnaires to 54 practitioners ranging from the criminal justice sector, law enforcement, government bodies, nongovernmental organisations, and academia; eight practitioners completed the survey. See note 5, UNODC (2011), at 9, FN 13. 52 Council of Europe, Trafficking in Human Beings and Corruption (2002) 10.

16 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 How? – Ways in which actors engage in trafficking-related corruption

According to Transparency International:

‘[w]eak institutions offer weak protection. Pay-offs to police, courts and other public sector officials result in state institutions turning a blind eye to trafficking gangs or even participating in them.’53

Public officials may use the power granted to them to engage directly in human trafficking. Their official positions cloak them with de facto impunity: a police officer operating a brothel filled with trafficking victims may appear untouchable to victims and co-conspirators alike. In such a circumstance, justice is often out of reach: the police have become the criminals.

Bribery is another key means by which public officials use their position to facilitate – and to profit from – human trafficking.54 UNCAC defines bribery as:

‘[T]he promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties’ or,

‘The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.’55

In the context of trafficking, the ‘undue advantage’ that officials receive or solicit usually comes in the form of money or sexual services.56

For traffickers, bribery is ‘high reward/low risk.’57 In an industry that trades in human beings as commodities, bribes likely constitute the largest overhead cost.58 In 2003, Moscow’s organised crime groups reportedly spent approximately US$4.5m per month in bribes to public officials and law enforcement.59 A 2010 World Bank study estimated that the total cost of corruption in the foreign employment industry in Nepal exceeded NPR 17.2bn per year (US$194.7m).60 Traffickers establish ties to political elites and state actors, paying them bribes to facilitate trafficking. Such corrupt officials may have no other direct involvement in trafficking, but benefit from the illicit income.

53 Transparency International, ‘Breaking the Chain: Corruption and Human Trafficking’ News Room: In Focus (transparency.org, 1 September 2011) available at http://archive.transparency.org/news_room/in_focus/2011/breaking_the_chain_corruption_and_human_trafficking. 54 See note 5, UNODC (2011), at 10. 55 UNCAC, arts 16–17. 56 See footnotes 125, 129, 130, 133-34, 139, 152-54, 171-81, 188-91, 206-07, 226-28, 230-33, 242 and accompanying text. 57 ‘The mix of profit and impunity through easily “bought” protection from law enforcers and politicians has created a “high reward/low risk” scenario for human traffickers and their accomplices.’ See note 53, Transparency International (2011). 58 See note 5, UNODC (2011), at 8. 59 ECPAT International Project, Review of the Situation Concerning the Commercial Sexual Exploitation of Children (CSEC) in Russia and Institutions Involved in CSEC Prevention (2003). 60 Verité & Freedom Fund, An Exploratory Study on the Role of Corruption in International Labor Migration (2016) 6.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 17 Figure 4. Types of corrupt acts identified in the report

Note: A total of 75 corrupt acts were identified. The report identified 72 case studies, but some cases included multiple corrupt acts. Two cases were coded as ‘unknown’, as there was credible evidence of corruption but reports lacked concrete descriptions of the type of corrupt act.

Outcomes – How corruption facilitates human trafficking

Corruption can help cement close ties between traffickers and those who are charged with bringing criminals to justice.61 But even the appearance of corruption can give traffickers the power to manipulate their victims. Traffickers frequently maintain control by convincing victims that law enforcement is complicit in their exploitation.62 In one case in Austria, for example, a trafficker dressed up as a member of the Austrian police and raped trafficking victims to discourage them from contacting the police.63

Once victims believe that an appeal to public authorities is futile, they may conclude that their only option is to keep quiet and submit.64 Victims trafficked from Eastern Europe to Belgium, for example, reported a significant distrust of police. 65 The victims told investigators that their traffickers had

61 See note 12 at 3. 62 Because traffickers frequently exaggerate their connections and influence over law enforcement to instil fear in their victims, allegations of corruption must be carefully evaluated. In one case, for example, a female trafficker kept four Chinese trafficking victims in servitude by telling them that her boyfriend was a police official.Queen v Rong Chen, Simon Dempsey and Jason Owen Hinton, Belfast Crown Court, Case No [2012] NICC 26, 7 June 2012, UNODC, Human Trafficking Case Database available at www.unodc.org/res/cld/case-law/gbr/2012/queen_v_ rong_chen_simon_dempsey_and_jason_owen_hinton_html/Queen_v_Rong_Chen_Simon_Dempsey_and_Jason_Owen_Hinton.pdf. 63 OSCE, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime (2010) 54. 64 See note 5, UNODC (2011), at 12. 65 See note 63, OSCE (2010), at 56. See also Jane Arsovska and Stef Janssens, ‘Human Trafficking and Policing: Good & Bad Strategies’ in Cornelius Friesendorf, ed, Strategies Against Human Trafficking: The Role of the Security Sector (2009) 182.

18 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 strong ties with state officials and policemen, citing as evidence that their traffickers had arranged sex parties for ‘policemen, magistrates, judges and politicians’.66 A victim from South America reported a similar story, stating that the police were friends of her boyfriend, who had forced her into prostitution. The boyfriend: ‘threatened to kill me if I left him and he reminded me of his contacts within the police…’67

Corruption may be a key factor in explaining the extremely low number of trafficking prosecutions – and the even smaller number of convictions – around the world. With the right connections, traffickers can influence the outcomes of investigations and judicial actions. Corrupt practices may also disrupt enforcement after the identification and ‘rescue’ of a trafficking victim. Traffickers may bribe law enforcement officials to evade arrest or to avoid criminal conviction. Traffickers may be willing to pay multiple officials to obstruct investigations.

5.2 Types of human trafficking-related corruption

The sections below provide concrete examples of three modalities of trafficking-related corruption. These examples illustrate cases in which public officials participated in these crimes as:

• traffickers;

• facilitators of human trafficking; and

• facilitators of impunity.

Each modality is illustrated with case studies drawn from a wide range of sources. This analysis is not comprehensive; the creative opportunities for corruption abound. But the evidence does provide additional data to answer the question of how corruption operates within the human trafficking criminal sphere.

5.2.1 Public officials as human traffickers

Public officials can directly participate in human trafficking – playing an active role in the recruitment, transportation, and exploitation of their victims. Direct involvement of officials in trafficking encompasses both sex and labour trafficking. These officials actively participate in trafficking by owning or operating brothels holding trafficked adults and children; forcing victims into domestic servitude; or owning or operating factories that hold workers in forced labour.

Direct involvement in trafficking for forced prostitution and child commercial sexual exploitation

Across the globe, public officials have been found to participate directly in sex trafficking, recruiting victims and profiting from their exploitation. The officials’ positions often give them a measure of protection from prosecution. In addition, their proximity to vulnerable populations allows them to target victims. Public officials may act alone or in concert with trafficking rings. Corruption may take the form of a police officer trafficking a single victim or owning and operating a commercial sex establishment that uses the services of trafficked persons. For example, a victim of child sex

66 See note 63 at 56. 67 OSCE, Trafficking in Human Beings Amounting to Torture and Other Forms of Ill-Treatment (2013) 68.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 19 trafficking in Burundi alleged that a senior intelligence officer held her in captivity as a sex slave for several months, threatening both her and her parents. Despite receiving summons, the officer failed to appear, and the case stalled.68

Box 1. Sex trafficking in the United States In the US, prosecutors have brought trafficking-related charges against law enforcement officials and military personnel. The following five cases illustrate how public officials in a broad range of positions have been directly involved in sex trafficking: • In March 2016, a jury found a former volunteer California fire captain guilty of trafficking a teenage girl into sexual servitude. The defendant originally paid to have sex with the victim after responding to an advertisement on the classified advertisements website, Craigslist. The victim later moved in with the defendant for approximately one month. During that time, the defendant forced the victim to provide sexual services. The defendant also forced the victim to clean his house and package and sell marijuana.69 • In August 2016, a former judicial marshal in Connecticut reached a plea deal with prosecutors on charges that included sex trafficking. Prosecutors alleged that the state officer picked up a woman in his car, ‘showed her a star-shaped badge, and told her that if she didn’t have sex with him he would arrest her.’70 The defendant also faced allegations that he had advertised additional women on escort websites, coerced three women to commit sex acts by threatening them with arrest, and in one instance, allegedly arranged for a client to pay him, rather than the woman, for commercial sexual services arranged through the escort website.71 • In 2014, the US District Court for the District of Columbia convicted a Washington, DC police officer of two counts of pandering minors out of his apartment.72 The officer admitted to recruiting underage girls from a shopping mall and bus stops with promises of modelling jobs.73 He photographed the girls in the nude, provided them with clothing, shoes and haircuts, and allegedly advertised them on the classified advertisements website, Backpage.com.74

68 Esdras Ndikumana, ‘No Justice For Child Victims of Burundi’s Sex Traffic Rings’ Agence( France-Presse, 17 February 2014) available at http:// reliefweb.int/report/burundi/no-justice-child-victims-burundis-sex-traffic-rings. In some cases where officials have engaged in trafficking, it is not clear whether the victim knew that the perpetrator held an official position. In this case in Burundi, however, the victim knew the perpetrator’s official position. Other girls reported that they were guarded by men in police uniforms. 69 Anon, ‘Former Cayucos Firefighter Convicted of Rape, Human Trafficking’Paso ( Robles Daily News, 7 March 2016) available at http:// pasoroblesdailynews.com/former-cayucos-firefighter-convicted-of-rape-human-trafficking/50211; Patrick S Pemberton, ‘Ex-Cayucos Firefighter Made Teen Girl His Sex Slave, Prosecutor Says’ (The Tribune (US), 28 January 2016) available at www.sanluisobispo.com/news/local/crime/ article39510771.html; Anon, ‘Firefighter Said He Killed His Father, Sex Victim Testifies’CalCoast ( News (US), 28 January 2016) available at http://calcoastnews.com/2016/01/firefighter-said-he-killed-his-father-sex-victim-testifies; Matt Fountain, ‘Former Cayucos Firefighter Sentenced to 167 Years in Prison’ (The Tribune (US), 3 August 2016) available at www.sanluisobispo.com/news/local/crime/article93609642. html. It is unclear whether the firefighter used his official position to further his abuse of this victim. 70 David Owens, ‘Ex-Judicial Marshal Connelly Sentenced To Year In Sex Trafficking Case’ The( Hartford Current (US), 6 August 2016) available at www.courant.com/news/connecticut/hc-michael-connelly-sentencing-20160809-story.html. 71 Ibid. 72 Peter Hermann, ‘D.C. Police Officer Admits Prostituting Girls’ Washington( Post, 20 June 2014) available at www.washingtonpost.com/ local/crime/plea-hearing-set-for-dc-police-officer-accused-of-running-underage-prostitution-ring/2014/06/19/d7dae1ea-f79e-11e3-8aa9- dad2ec039789_story.html. As a result, Barnhill was forced to register as a sex offender, forfeit his property to the government, including eight cell phones, a laptop and a Lincoln Navigator. He also waived his Freedom of Information Act rights so that he could not request information about the victims and witnesses who testified against him. 73 Ibid. 74 Ibid. It was not clear from the record whether the defendant police officer used his position to further the abuse in this case.

20 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 • In 2014, the US District Court of the Eastern District of Virginia sentenced a US Navy sailor to five years’ imprisonment after he pled guilty to crossing state lines for the sex trafficking of a 17-year-old girl.75 The sailor recruited the victim after he helped her run away from her foster home. He quickly posted online advertisements for escort services. The sailor held the victim in prostitution for almost two months, operating in three separate states before his arrest.76 • In 2013, a US firefighter pled guilty to sex trafficking of a minor. The firefighter and a co-defendant operated a brothel in Baltimore City. The defendants recruited victims through false advertisements for exotic dancing and escort service positions. Many victims were in financial distress; others were homeless.77 The defendants coerced their victims into prostitution by exploiting these vulnerabilities.

In other cases, public officials have been linked to larger trafficking operations. In one such case, a lieutenant colonel in the Russian Foreign Military Intelligence Directorate was convicted and sentenced to 12 years’ imprisonment for involvement in a trafficking scheme.78 The officer was part of a criminal group that allegedly trafficked approximately 130 women from Eastern and Central Europe to Western Europe and the Middle East over a period of ten years. According to press accounts, the lieutenant colonel not only covered up the criminal activity, but also colluded with a border control officer who controlled a ‘window’ at the border to facilitate the trafficking.79

Box 2. Case study: sex trafficking rings in India The following examples from India illustrate how public corruption enables the sex trafficking industry: • In 2016, the Central Bureau of Investigation filed charges against two police officials stationed at the Nedumabassery Airport. The officers stood accused of facilitating the trafficking of women to brothels in the Gulf. One officer allegedly took bribes to allow victims to travel without valid travel documents.80 • In 2014, the rescue of four children from a child sex trafficking racket in Puducherry revealed the involvement of a number of police officers. As a result, nine police officers faced rape charges.81 Six of the police officers absconded.82 • In 2009, the Indian National Commission for Women exposed a trafficking ring in Uttar Pradesh that kidnapped women from the India-Nepal border and trafficked them to the Middle East for forced prostitution. Corrupt police officials colluded with traffickers to facilitate the trafficking ring.83

75 Anon, ‘Ex-Sailor Gets 5 Years for Sex Trafficking Child’ Navy( Times (US), 10 December 2014) available at www.navytimes.com/story/military/ crime/2014/12/10/ex-sailor-gets-5-years-for-sex-trafficking-child/20221217. 76 ‘North Carolina Man Pleads Guilty to Travel in Furtherance of Underage Prostitution’ (US Department of Justice Press Release, 31 July 2014) available at www.justice.gov/usao-edva/pr/north-carolina-man-pleads-guilty-travel-furtherance-underage-prostitution; see note 75, ‘Ex-Sailor Gets 5 Years for Sex Trafficking Child’; Scott Daugherty, ‘Ex-Sailor Gets 5 Years for Pimping HIV-positive Teen’ The( Virginian Pilot (US), 20 December 2014) available at www.pilotonline.com/news/local/crime/ex-sailor-gets-years-for-pimping-hiv-positive-teen/article_9438664c-d3ad- 583d-ab82-f663172720f8.html. The sailor held the victim in base housing on a Navy base, Naval Station Norfolk. 77 ‘Former Baltimore City Firefighter Pleads Guilty to Sex Trafficking of a Minor’ (US Department of Justice Press Release, 20 September 2013) available at www.justice.gov/usao-md/pr/former-baltimore-city-firefighter-pleads-guilty-sex-trafficking-minor; ‘Former Baltimore City Firefighter Sentenced to 15 Years In Prison for Sex Trafficking of a Minor’ (US Department of Justice Press Release, 13 December 2013) available at www.justice.gov/usao-md/pr/former-baltimore-city-firefighter-sentenced-15-years-prison-sex-trafficking-minor. It is unclear from the record whether the defendant used his official position to further the abuse. Press reports indicate that he did train his victims how to avoid detection by law enforcement. 78 Anon, ‘Eleven Jailed for Trafficking Women Abroad’ Kyiv( Post (Ukraine), 26 April 2011) available at www.kyivpost.com/content/russia-and- former-soviet-union/eleven-jailed-for-trafficking-women-abroad-102899.html. 79 Natalya Krainova, ‘Military Spy Charged in Sex Slave Ring’ (Moscow Times (Russia), 30 March 2009); see note 63, OSCE (2010), at 57, 92. 80 Anon, ‘Cops Hand in Glove with Human Trafficking Rackets’ New( Indian Express (India), 8 February 2016). There have been multiple reports of official complicity with trafficking rings at Nedumabassery Airport. See also, Anon, ‘CBI Arrests Four More In Human Trafficking Case’ (New Indian Express, 19 September 2014); Anon, ‘CBI Takes Up Investigation of Four Cases Relating to Alleged Human Trafficking Through Two International Airports in Kerala’ (New Indian Express, 5 September 2013); Anon, ‘CIAL Trafficking Case: Nine Policemen to be Arraigned’ (New Indian Express, 29 May 2013); Anon, ‘Role of Senior Police Officials Omitted’ Times( of India, 27 April 2013). 81 Bosco Dominique, ‘Puducherry child prostitution racket: Photos of six absconding former cops released’ (The Times of India, 3 March 2015) available at http://timesofindia.indiatimes.com/india/Puducherry-child-prostitution-racket-Photos-of-six-absconding-former-cops-released/ articleshow/46441828.cms. It was unclear from the public record whether the officers used their official positions to participate in the alleged scheme. 82 Ibid. 83 Shweta Srinivasan, ‘Trafficking Channels Poor Women to Gulf via Nepal’ Indo-Asian( News Service (India), 1 December 2009) available at www. daijiworld.com/news/printer.asp?nid=69031; US Department of State, Trafficking in Persons Report (2010) 175.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 21 Some public officials use their official position to recruit victims from vulnerable populations, particularly minors. In the US, a Texas jury convicted a juvenile probation officer for the sex trafficking of a child. In his job, the defendant worked with high-risk juvenile offenders. Off-duty, he was a member of the ‘Folk Nation/Gangster Disciples’, a street gang involved in a sex-trafficking ring that operated in at least four states. Gang members used force, fraud and coercion to hold minor and adult victims in prostitution.84 Federal investigators claimed that the defendant recruited underage girls through his position working with high-risk juvenile offenders. A federal judge sentenced him to 18 years in prison.85

In some cases, staff members at state-run institutions are accused of involvement in human trafficking. In 2015, Disability Rights International, a human rights NGO, reported trafficking of children for forced labour and commercial sexual exploitation in state-run orphanages in Ukraine.86 According to testimony collected by the organisation, one orphanage in Odessa included a brothel in the basement.87 The organisation also alleged that the institutions coerced residents to engage in forced labour, including the care of other residents with more complex disabilities, agricultural work and heavy cleaning.88 According to the report, some staff profited individually by selling agricultural items harvested by the residents; still other staff officials allegedly took children home with them to perform physical labour for the benefit of the staff member.89

In another example, a member of a Moldovan criminal gang served as the interim director of the municipal enterprise for utilities. Along with his co-conspirators, he recruited at least 15 women for sex trafficking to Cyprus, Dubai and Turkey.90 A Moldovan court convicted and sentenced the defendant to 13 years’ imprisonment.91

Direct involvement in trafficking for forced labour

Public officials have also been found guilty of labour trafficking. A corrupt official may traffic just one individual into forced labour, or may abuse many victims. In one case, a Russian army officer was sentenced to three years’ imprisonment after a military court found him guilty of selling a soldier under his command to a local businessman for forced labour.92 In other instances, alleged victims are trafficked in far greater numbers. Human Rights Watch investigated the trafficking of Eritrean victims from refugee camps to torture camps in the Sinai. The researchers concluded that, in some cases, the trafficking was:

84 ‘Jury Convicts Three Gang Members and a Former El Paso County Juvenile Probation Officer of Federal Sex Trafficking Charges’ (US Department of Justice Press Release, 20 January 2015) available at www.justice.gov/usao-wdtx/pr/jury-convicts-three-gang-members-and- former-el-paso-county-juvenile-probation-officer. According to the indictment, the juvenile probation officer conspired to hold a 15-year-old girl in forced prostitution and benefited financially from the criminal activity. 85 Jesse Martinez, ‘Timothy McCullouch Given 20-Year Sentence in Sex Trafficking Case’ KFOX14( (US), 30 June 2015) available at http:// kfoxtv.com/news/crime-news/timothy-mccullouch-given-20-year-sentence-in-sex-trafficking-case. 86 Disability Rights International, No Way Home: The Exploitation and Abuse of Children in Ukraine’s Orphanages (2015) available at www.driadvocacy. org/wp-content/uploads/No-Way-Home-final2.pdf. 87 Ibid at 31. 88 Ibid at 34. 89 Ibid at viii. 90 Anon, ‘Six human traffickers sentenced to 68 years in prison’ (TelaRadio Moldova, 5 March 2014) available at www.trm.md/en/social/sase- membri-ai-unei-retele-de-traficanti-de-persoane-vor-face-68-de-ani-de-inchisoare. It is unclear from the public record whether the defendant official used his position to perpetrate these crimes. 91 Ibid. 92 Anon, ‘3 Years for Army Slave Labor’ (Moscow Times, 25 June 2007) available at www.themoscowtimes.com/news/article/news-in-brief/196130. html.

22 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 ‘[F]acilitated by collusion between traffickers and Sudanese and Egyptian police and the military who hand victims over to traffickers in police stations, turn a blind eye at checkpoints, and return escaped trafficking victims to traffickers.’93

Public officials may also misuse their positions to operate labour recruiting schemes. In Uganda, a labour recruitment company allegedly trafficked Ugandan women into domestic servitude in Iraq. The Ugandan government revoked the recruiting company’s licence, only to later renew it.94 The company’s managing director at the time, retired Colonel Chris Mudola, was a member of the ruling party’s executive committee.95

Increasingly, diplomats and officials of international organisations face allegations of direct involvement in trafficking for forced labour and domestic servitude.96 Under existing rules of international law, diplomats are generally permitted to bring domestic workers to their country of posting.97 In some cases, diplomatic officials use the privileges and immunities of their position to engage in corrupt practices that facilitate the trafficking of domestic workers for purposes of forced and exploitative labour. Across the globe, diplomats have trafficked domestic workers, committing visa fraud, confiscating passports, threatening abuse of legal process and, in some instances, engaging in physical and sexual violence against the women trapped in the diplomatic households.98

Diplomatic traffickers use a variety of tactics to force their victims into domestic servitude. These schemes allow traffickers to isolate their victims and inculcate a climate of fear. This renders many victims too terrified to flee their traffickers and seek help. In the US alone, there have been more than 2599 civil trafficking cases filed against diplomats and foreign officials since 2003.100 It is very likely that the actual number of diplomatic human trafficking cases in the US is much higher.101

Box 3. Diplomatic human trafficking by Indonesian Embassy official in the US An Indonesian woman alleged in a federal complaint that she was the victim of two separate instances of diplomatic human trafficking in the US. Her complaint, filed in Maryland, alleged that she had been held in involuntary servitude for seven years.102 The complaint alleged that a Saudi Arabian businessman brought the woman to the US on a B-1 (temporary business) visa. She was then ‘sold’ to a Saudi Arabian diplomat living in Virginia, who allegedly subjected her to forced

93 Human Rights Watch, I Wanted to Lie Down and Die: Trafficking and Torture of Eritreans in Sudan and Egypt (2014) available at www.hrw.org/ report/2014/02/11/i-wanted-lie-down-and-die/trafficking-and-torture-eritreans-sudan-and-egypt. 94 Anna Cavell, ‘Ugandan Women Tricked Into Domestic Slavery in Iraq’ (BBC World, 31 March 2011) available at www.bbc.com/news/ world-12887018. 95 Anon, ‘Ugandan Girls Narrate Iraq Ordeal’ (New Vision (Uganda), 5 September 2012) available at www.newvision.co.ug/new_vision/ news/1306256/ugandan-girls-narrate-iraq-ordeal; Douglas Mpuga, ‘Uganda Parliament Investigates Human Trafficking’ Voice( of America, 28 February 2012) available at www.voanews.com/content/uganda-parliament-investigates-human-trafficking-140897493/159685.html. 96 For more extensive reporting on the historical issue of domestic servitude in diplomatic homes see also, Human Rights Watch, Hidden in the Home: Abuse of Domestic Workers with Special Visas in the United States (2001) available at www.hrw.org/report/2001/06/01/hidden-home/abuse- domestic-workers-special-visas-united-states. 97 Vienna Convention on Diplomatic Relations 1961. Arts 1, 10 and 37 of this Convention consider the employment of private servants in the homes of diplomats stationed abroad. 98 OSCE Office for the Special Representative and Co-ordinator for Combating Trafficking in Human Beings,How to Prevent Human Trafficking for Domestic Servitude in Diplomatic Households and Protect Private Domestic Workers (2014) available at www.osce.org/handbook/domesticservitude? download=true. 99 For additional detail on diplomats and trafficking of domestic workers see, Martina E Vandenberg and Sarah Bessell, ‘Diplomatic Immunity and the Abuse of Domestic Workers: Criminal and Civil Remedies in the United States’ (2016) 26 Duke Journal of Comparative & International Law 595-633 available at: http://scholarship.law.duke.edu/djcil/vol26/iss3/6 100 Stacy Teicher Khadaroo, ‘On Embassy Row, a Fraying Veil of Immunity for Traffickers: Foreign Missions in the US that Abuse their Domestic Staff are Being Held to Account’ (The Christian Science Monitor, 21 December 2015) available at www.csmonitor.com/USA/Justice/2015/1221/ On-embassy-row-a-fraying-veil-of-immunity-for-traffickers. 101 US Government Accountability Office, ‘U.S. Government’s Efforts to Address Alleged Abuse of Household Workers by Foreign Diplomats With Immunity Could be Strengthened’ (2008) GAO-08-892, 11. 102 Arma v Prakoso, No 8:14-cv-03113 (SD Md, filed 2 October 2014).

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 23 domestic servitude and ‘severe sexual harassment’.103 She escaped from the Saudi diplomat’s residence and sought help from the Indonesian Embassy in Washington, DC. There she met her second trafficker, an employee in the Indonesian Embassy’s Consular, Visa and Passport Division. The Embassy official allegedly offered to take the victim under the care of his family, offering her employment as a domestic servant in his home. The official also promised that if she worked for two years, he would purchase her return ticket to Indonesia. With little working knowledge of English, lacking sufficient funds to purchase a plane ticket and isolated and vulnerable, the domestic worker accepted the offer. She alleged in her complaint that the defendants forced her into involuntary servitude for seven years. During this time, she alleged that she worked approximately 11 hours per day, seven days a week, and earned wages far below the applicable federal minimum wage.104

5.2.2 Public officials as facilitators of human trafficking

Public officials may also facilitate trafficking. While these public officials do not rise to the level of traffickers, their acts or omissions play a considerable role in the facilitation of trafficking. Although they may only engage in one portion of a trafficking scheme, their participation is a critical enabler of trafficking. The cases illustrate that public officials facilitate trafficking in a variety of ways, including:

• recruiting victims;

• transporting victims;

• organising unauthorised illegal departures and entries; and

• falsification of documents.

Recruiting victims

Public officials may collude with traffickers to recruit victims. In one case, a Polish police sergeant recruited teenage girls from a children’s shelter and supplied them to a local gang. In return he was given access to the victims for sexual purposes.105

Box 4. Case study: slavery on the high seas Forced labour and slavery are widespread in the Thai fishing industry.106 Thai officials across a range of agencies facilitate these crimes.107 Every year, scores of Southeast Asian boys and men are trafficked into modern-day slavery on Thai fishing boats. Media reports allege that law enforcement and military officials play a significant role in this exploitation. Investigative journalists have reported that Thai police remove Rohingya men from detention facilities to provide them to traffickers. Thai naval and other military officials divert boats carrying Rohingya asylum seekers seeking refuge in Malaysia. Corrupt Thai officials allegedly redirect the workers to labour brokers in Thailand.108 Officials allegedly received private payments for this facilitation. Once captured by traffickers, victims work year-round, in 18 to 20-hour shifts. According to press reports, the trafficked fishermen work through the night in total darkness and slave through the day under the blistering sun. Their ‘room’ is a hammock crammed under a crawl space. Those who work too slowly face a stiff penalty: a beating. The New York Times reported that those workers who disobeyed orders faced execution in front of the crew.109

103 Ibid. 104 The lawsuit was subsequently settled between the parties and dismissed voluntarily. Notice of Voluntary Dismissal, Arma v Prakoso, No 8:14-cv- 03113 (SD Md, 8 April 2015). 105 Leslie Holmes, ‘Human Trafficking & Corruption: Triple Victimisation?’ in Cornelius Friesendorf ed,Strategies Against Human Trafficking: The Role of the Security Sector (2009), 90. 106 Robin McDowell, Margie Mason and Martha Mendoza, Slaves May Have Caught the Fish You Bought, Associated Press (25 March 2015) available at www.ap.org/explore/seafood-from-slaves/ap-investigation-slaves-may-have-caught-the-fish-you-bought.html. 107 Ian Urbina, ‘“Sea Slaves”: The Human Misery That Feeds Pets and Livestock’ (The New York Times, 27 July 2015) available at www.nytimes. com/2015/07/27/world/outlaw-ocean-thailand-fishing-sea-slaves-pets.html. 108 Padang Besar, ‘Special Report: Thai Authorities Implicated in Rohingya Muslim Smuggling Network’ (Reuters, 17 July 2013) available at www. reuters.com/article/us-myanmar-exodus-specialreport-idUSBRE96G02520130717. 109 See note 107, ‘‘“Sea Slaves”’.

24 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 In response to mounting reports of public corruption, Thailand’s Prime Minister announced the transfer of 23 officials located in the country’s seafood industry hub. These officials include the provincial governor, provincial prosecutor, ministry officials, and police officers. Although the allegations against the officials were not released, many are under investigation for tolerating both corruption and criminal activity in cases related to human trafficking and forced labour.110

Transporting victims

Some public officials play an active role in transporting victims. In one case, victims trafficked into Ecuador from Colombia identified an immigration officer as the person who actually drove the car that allowed the victims to cross the border.111 In Burundi, authorities arrested a police officer on suspicion of kidnapping and transporting two minor girls to a house used for prostitution.112

Organising unauthorised and illegal entries

Corruption also facilitates the movement of trafficking victims across borders. Border, immigration and customs officials play a key role in facilitating the movement of trafficked persons across borders. As gatekeepers, these positions carry opportunities for engaging in corruption. Public officials in a country of origin can assist traffickers in moving victims out of the country. They also facilitate the entry of victims into destination countries. Note that traffickers may bribe public officials to falsify documents in order to arrange an illegal entry or exit. The following discussion provides specific case studies of the falsification of such documents.

Organising illegal exit

Organisations such as Verité, Liberty Asia and The Freedom Fund have done considerable work documenting the ways in which public corruption facilitates the exit of victims from their country of origin.113 Corrupt actors range from immigration officers on the ground to state employees of federal agencies that approve departures. ‘Setting’ is a practice whereby labour recruiters bribe immigration officials to allow labour trafficking victims to leave the country. The labour recruiter pays a bribe to an immigration official and then marks the victims’ passports in a pre-arranged manner. The recruiter then instructs the workers to line up at a specific window.114

Pre-arranged tokens have been reported at airports and land borders. In the Philippines, officials charged an immigration official at the Diosdado Macapagal International Airport as a trafficking co- conspirator.115 The traffickers gave domestic workers travelling to Malaysia a piece of paper with the letter ‘A’ embossed on the back. The trafficked workers were told that this would allow them to pass through immigration in Manila.116 In a separate incident, two immigration officials in Zamboanga City were arrested and charged with aiding a syndicate trafficking domestic workers to Malaysia and

110 Anon, ‘Top Samut Sakhon Officials Moved in Corruption Sweep’ The( Bangkok Post, 25 June 2016) available at www.bangkokpost.com/news/ general/1019749/heads-roll-in-corruption-sweep. 111 Causa Penal No 604-09, del Juzgado Cuarto de lo Penal de Imbabura. 112 The officer was later charged with rape. US Department of State, Trafficking in Persons Report (2015) 108. 113 Verité & Freedom Fund, An Exploratory Study on the Role of Corruption in International Labor Migration (2016); see note 15, Liberty Asia (2016a) and Liberty Asia (2016b). 114 See note 60, Verité & Freedom Fund (2016), at 9. 115 Immigration officer Racel Ong was dismissed as a co-conspirator after agreeing to testify against the defendant. Criminal Case No 0310-2009, UNODC No PHL055, UNODC Human Trafficking Case Law Database available at www.unodc.org/cld/case-law-doc/ traffickingpersonscrimetype/phl/2012/crim._case_no._0310-2009.html?tmpl=old. 116 Ibid.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 25 Lebanon. Victims were instructed to wear a pink hair tie on their wrist to signal to the immigration officer to stamp their passport.117

According to Verité, Nepali manpower agents pay ‘setting’ bribes to immigration officials at the Tribhuvan International Airport to ensure that workers en route to Qatar are able to depart.118 Immigration officials at the Kathmandu International Airport reportedly receive up to NPR 2m (US$20,000) in bribes per day to approve workers’ travel documents.119

At porous land borders, token systems are used. For example, on both sides of the Indo-Bangladesh border, traffickers procure tokens from law enforcement agencies that allow them to go back and forth across the border unhindered.120 In another case, victims testified that they crossed immigration checkpoints between Ecuador and Colombia without being required to produce identification documents to immigration officers.121

Public officials at the agency-level also collude with traffickers to fraudulently approve the deployment of labour trafficking victims. This practice is particularly prevalent in countries where a large percentage of the population consists of foreign migrant workers. According to the Nepalese media, Department of Foreign Employment (DoFE) employees receive bribes of approximately NPR 50,000 (US$500) per worker deployed to the Gulf region. 122 In March 2014, six DoFE staff, including the director, were arrested and charged with accepting a total of NPR 3.27m (US$32,700) in bribes to fraudulently approve the deployment of 109 Nepali workers to Qatar.123 In a separate incident, a total of 42 officials from the DoFE, Nepal’s Department of Immigration, and the Tribhuvan International Airport desk were arrested on suspicion of fraudulently approving the deployment of 77 Nepali migrant workers to Qatar.124

In a similar case in the Philippines, prosecutors charged five officials of the Philippine Overseas Employment Administration (POEA) for human trafficking and violation of the Anti-Graft and Corrupt Practices Act.125 The complaint alleged that officials within POEA conspired to delay enforcing punitive orders to shut down agencies no longer licensed to do business due to recruitment violations.126 According to the allegations, 100 overseas Filipino workers were sent abroad by recruitment agencies whose licences POEA directors and staff knew had been cancelled. The workers ‘…were subjected to exploitation, forced labour, some of them to prostitution, they were not paid, not fed.’127

117 Rene Acosta, ‘Lebanese-led Human-Trafficking Syndicate Busted’ Business( Mirror (Phillipines), 16 September 2015); Anon, ‘NBI Files Criminal Raps Against Lebanese National, 7 Filipinos’ (Zamboanga Times (Phillipines), 26 September 2015) available at www.zamboangatimes. ph/opinions/16283-nbi-files-criminal-raps-against-lebanese-national-7-filipinos.html. 118 See note 60, Verité & Freedom Fund (2016), at 8. 119 Ibid. 120 Ravik Bhattacharya, ‘Visa? Rs 1000 Lets You Enter Bangladesh’ (Hindustan Times (India), 22 December 2012) available at www.hindustantimes. com/india/visa-rs-1000-lets-you-enter-bangladesh/story-AjL8QQZu5Hl7DfjsaknCQN.html. For a detailed analysis of conditions along the Indo-Bangladesh frontier, see Grouppe Developpement, Lives in Motion: Mobility, Smuggling, and Trafficking Along the Indo-Bangladesh Border (2006) 193, 201, 203 available at www.childtrafficking.com/Docs/lives_in_motion_bangladesh.pdf. 121 Causa Penal No 1166-08 del Juzgado Décimo Segundo de lo Penal de Pichincha. 122 See note 60, Verité & Freedom Fund (2016), at 8. 123 Ibid. 124 Ibid. 125 These officials accused of involvement in the scheme included the Director IV for Adjudication; the Director II for Legal Research, Docket, and Enforcement Branch; Attorney V, of the Docket and Enforcement Division; and Administrative Aide VI (Sheriff); and a Philippine Overseas Employment Administration Web Administrator. 126 Anon, ‘POEA Officials Charged with Human Trafficking, Corruption’ (trafficking.org (US Department of State, G/TIP and Solidarity Center STEER Project.), 11 January 2001) available at http://trafficking.org.ph/v5/index.php?option=com_content&task=view&id=3605&Itemid=56 127 Ibid.

26 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Organising illegal entry

Traffickers also work with public officials within destination countries to facilitate the entry of victims. The tactics are similar to those used to facilitate the illegal departure of trafficking victims. On the ground, corrupt border and immigration officials may allow victims into a country without proper documentation. Ukrainian labour trafficking victims, for example, were instructed to bribe Mexican immigration officials upon their arrival in Mexico City.128 In 2010, a court in Nicaragua convicted a trafficker for bringing a 17-year-old girl from El Salvador to Nicaragua for domestic servitude. In addition to holding the child in forced labour as a domestic worker, the trafficker also forced the girl to have commercial sex with men. The trafficker took the child across the border to Nicaragua, bribing a border guard to permit the child to cross without the proper documents.129 A similar case occurred in Kenya, where immigration and revenue authority officials allegedly allowed Tanzanian children to enter the country without proper identification.130 These children were trafficked into forced begging schemes, forced prostitution and domestic servitude.

In another case, traffickers in Australia collaborated with a corrupt immigration official to fraudulently obtain bridging refugee visas for Thai trafficking victims, who were then held in forced prostitution in Sydney.131 In Russia, law enforcement authorities initiated a criminal investigation of an official of the Federal Migration Service and two Moscow police officers. The defendants allegedly organised the illegal entry of more than 700 foreign nationals, primarily from Vietnam, for labour exploitation in illegal garment factories in the Moscow region.132

In 2011, the Malaysian Special Branch arrested eight Immigration Department officers stationed at the Kuala Lumpur International Airport for their alleged involvement in a human-trafficking syndicate.133

Box 5. Labour recruiting, forced labour and corruption in Nepal Verité’s report on corruption in global supply chains provides an example of corruption in a country of origin. Verité reports: ‘Nepal provides an example of how corruption links with trafficking. In that country, to send workers abroad legally, domestic recruitment agencies must provide the Department of Foreign Employment with a “demand letter” from the receiving country employer, a guarantee letter from the recruitment agency, power of attorney, an employment contract, a service contract between the agency and the client, and evidence of life insurance. After verifying these documents, the Labor Department stamps each worker’s passport signifying permission to migrate. Nepal’s Foreign Employment Act 2007 regulates the operation of recruitment agencies and registered agents who facilitate the migration of foreign workers and assigns responsibility to the Department of Foreign Employment for all matters pertaining to foreign employment…

128 Order Denying Motion to Dismiss, United States v Omelyan Botsvynyuk, No 10-159-1 at 2 (ED Pa, 16 July 2012). Defendant Omelyan Botsvynyuk was convicted of RICO Conspiracy and Hobbs Act Extortion in relation to trafficking Ukrainian citizens to the US for forced labour. Victims flew from Ukraine to Mexico City, where they were instructed to bribe immigration officers, and then entered the US unlawfully. Victims worked long shifts every day, cleaning offices and stores, without compensation. Ibid at 2–4. 129 Prosecutor v Rosa Amada Lovo, Corte Suprema de Justicia Juzgado Tercero Distrito Penal de Juicio de Managua, 003273-ORM1-2010-PN, UNODC No NIC001, UNODC Human Trafficking Case Database available at www.unodc.org/cld/case-law-doc/traffickingpersonscrimetype/ nic/2011/lovo.html?tmpl=old. The defendant, a female citizen of Nicaragua, was sentenced to 12 years in prison. 130 Winnie Atieno, ‘Child Labor, Prostitution Thriving at the Coast’ (Nation (Kenya), 17 October 2014). 131 R v Johan Sieders and Somsri Yotchomchin, New South Wales Court of Criminal Appeal, UNODC No AUS005 available at www.unodc.org/cld/ case-law-doc/traffickingpersonscrimetype/aus/2008/_r_v_sieders_yotchomchin.html?tmpl=old. 132 Yekaterina Kravtsova, ‘Top Cops ‘Protected’ Traffickers, Interior Ministry Says’ Moscow( Times, 7 August 2013) available at www. themoscowtimes.com/news/article/top-cops-protected-traffickers-interior-ministry-says/484254.html?TB_iframe=true. The Moscow Police Department initiated a case under Art 127.2 of the Russian Criminal Code, which prohibits slave labour. 133 ‘80pct [percent] of border officers are corrupt, says SB [Special Branch]’ Malaysia( Kini, 3 June 2015) available at www.malaysiakini.com/ news/300537. Media reported that the officers’ detention ended just a few months after their arrest.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 27 Each step in the process outlined above represents an opportunity to extract a bribe or corrupt payment. [One] study, undertaken for the World Bank, conservatively estimated that corruption in the foreign employment industry in Nepal amounted to over NPR 17.2 billion per year (USD $194.7 million).’134

Falsification of Documents

An immigration official willing to falsify information or forge immigration documents provides traffickers with significant opportunities.135 A falsified document can achieve a variety of aims. It can facilitate the movement of trafficking victims out of their countries of origin and into destination countries – as described above. Falsified documents also enable traffickers to move child trafficking victims across borders as adults or without parental consent.136 They also facilitate the stay of trafficking victims in a country.

Officials in Nepal allegedly received bribes to include false information in Nepali passports or provide fraudulent travel documents to labour migrants. Forty-six officials from the Department of Foreign Employment (DoFE) and the Department of Immigration were indicted for issuing fraudulent documents.137 In June 2015, authorities filed charges against 12 DoFE officials for receiving bribes from manpower agencies in exchange for approving falsified documents that facilitated the deployment of workers abroad.138

In Bolivia, law enforcement officials investigating a criminal defendant for the use of forged documents uncovered evidence of collusion in human trafficking crimes by high-ranking Bolivian officials. A search of the defendant’s home yielded documentation showing that an advisor to a government ministry and three sitting politicians had assisted in trafficking Chinese nationals into the country. The officials had written letters soliciting visas, attesting that four Chinese citizens would work on a rice-planting project, that 11 Chinese nationals would make investments in Bolivia and that an additional 116 would visit an indigenous community in Bolivia.139 These representations were false.

In some circumstances, border agents facilitate smuggling of migrants and may or may not know that the smugglers intend to traffic their victims.140 For example, federal authorities have charged US border control agents along the US–Mexico frontier with accepting thousands of dollars in bribes to allow migrants to cross without documentation. In a 2005 case, a Customs and Border Protection agent received US$300 for each migrant that he permitted to cross the border illegally.141 Of the 494 internal investigations opened by the McAllen, Texas Office of the Inspector General between

134 See note 14, Corruption & Labor Trafficking. 135 Causa Penal No. 012-08 del Tribunal Primero de lo Penal de El Oro. 136 This has been reported in Benin, Ethiopia and Madagascar: US Department of State, Trafficking in Persons Report (2015) 92 (describing child trafficking in Benin); US Department of State,Trafficking in Persons (2014) 173 (describing child trafficking in Ethiopia); US Department of State, Trafficking in Persons (2014) 256 (describing child trafficking in Madagascar). 137 See note 28, Bashir Uddin (2014), at 18, 24 (citing to US Department of State, Trafficking in Persons Report (2012) 260–262). 138 See note 60, Verité & Freedom Fund (2016), at 8. 139 Prosecutor v Bin Xin Zhang, et al, Auto Supremo 200/2007, Supreme Court of Bolivia, Full Session, 15 August 2007, Database of the Supreme Court of Bolivia available at http://suprema.poderjudicial.gob.bo. For a case summary, see UNODC Human Trafficking Case Database, UNODC No BOL003, www.unodc.org/cld/case-law-doc/counterfeitingcrimetype/bol/2007/_auto_supremo_2002007_-_bin_xin_zhang_ zhang_et_al.html?tmpl=old. 140 As noted, smuggling and trafficking are very different crimes. In many cases, however, victims smuggled into a country are then subsequently trafficked by individuals who seek to place the victims in forced labour or forced prostitution. 141 James Pinkerton, ‘Corruption crosses the border with agent bribes: U.S. officers have been charged with taking money to let [drug] traffickers cross checkpoints’ (Houston Chronicle (US), 30 May 2005) available at www.chron.com/news/houston-texas/article/Corruption-crosses-the- border-with-agent-bribes-1657406.php.

28 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 January 2008 and February 2012, 195 involved allegations of human smuggling.142 Similarly, in March 2016, authorities in Kenya arrested three police officers for allegedly trafficking Ethiopian refugees in Kenya en route to South Africa.143 Authorities also arrested the 23 Ethiopian migrants the officers were accused of transporting.144

5.2.3 Public officials as facilitators of impunity

Traffickers face little or no risk that they will be held accountable for their crimes. The number of criminal trafficking prosecutions per year is paltry compared to even the most conservative estimates of trafficking’s prevalence. While millions of people are held in modern-day slavery worldwide,145 the US TIP Report states that there were only 10,051 trafficking prosecutions around the world in 2014.146 According to the UNODC, 41 per cent of States Parties to the Trafficking Protocol reported fewer than ten trafficking convictions per year.147

This failure to prosecute leads to widespread impunity. There are several factors that drive impunity, with corruption chief among them.148 Corruption is a significant enabler of continued impunity, rendering national and international cooperation efforts impotent.149 Corrupt officials facilitate impunity by obstructing the detection, investigation, prosecution and punishment of traffickers. Frequent methods of such facilitation include:

• ignoring trafficking edr flags;

• protecting traffickers and their interests;

• refusal to register trafficking complaints;

• advance notification of law enforcement operations;

• provision of ‘security’ or other services to trafficking operations;

• obstructing investigations;

• obstructing prosecutions;

• reduced punishments; and

142 Melissa del Bosque and Patrick Michels, ‘Homeland Insecurity (Texas Observer, January 2016) available at www.texasobserver.org/homeland- security-corruption-border-patrol. 143 Press accounts frequently conflate trafficking and smuggling, making it difficult to distinguish whether the purpose of the migration was forced labour or exploitation. William Oeri, ‘Police Officers Arrested in Marsabit for Human Trafficking’The ( Daily Nation, 12 March 2016) available at www.nation.co.ke/counties/Officers-arrested-in-Marsabit-for-human-trafficking-/-/1107872/3114286/-/10p3isu/-/index.html. 144 Ibid. 145 The ILO estimates that 20.9 million people across the world are held in all forms of forced labour. ILO, ILO Global Estimate of Forced Labour: Results and methodology (2012) 13 available at www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/ wcms_182004.pdf. 146 US Department of State, Trafficking in Persons Report (2015) 48. 147 UNSC, ‘Security Council, Briefed by Drugs and Crime Office Chief, Hear Moving “Front Line” Accounts’Security Council Presidential Statement Says Human Trafficking Might Constitute War Crimes, as Members Consider Issue for First Time (16 December 2015) Press Release SC/12165 available at www.un.org/press/en/2015/sc12165.doc.htm. 148 Additional factors include: botched investigations; failure to protect victim-witnesses; lack of political will; structural economic barriers; insufficient state resources; States’ economics reliance on migrant remittances from abroad. The Human Trafficking Pro Bono Legal Center & The Freedom Fund, Ending Impunity, Securing Justice: Using Strategic Litigation to Combat Modern-Day Slavery and Human Trafficking (2015) 4 available at www.htprobono.org/wp-content/uploads/2015/12/FF_SL_AW02_WEB.pdf. 149 Anne T Gallagher, The International Law of Human Trafficking (Cambridge University Press, 2010) 444. See also, Albert Moskowitz, ‘Challenges and Priorities in Prosecuting and Adjudicating Trafficking in Persons Cases’, Paper to Trafficking in Persons Research and Data Forum 3–4 November 2008 available at www.aaptip.org/2006/artip-project/documents/Paper_J&P-Challenges-TIP_22Oct08_fnl.pdf.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 29 • facilitation of re-trafficking.

Case studies confirm that corruption can undermine every point of the criminal justice process: investigation, prosecution and trial. Corrupt police and investigators can thwart prosecutions by derailing investigations. And if trafficking is not properly investigated, it cannot be prosecuted. These underhanded methods only reinforce impunity for traffickers.

Ignoring trafficking red flags

Wilful ignorance on the part of public officials, including law enforcement officers, can allow traffickers to act with impunity.150 In 2012, authorities arrested three prison guards in El Salvador after it was discovered that they allowed an incarcerated gang member to bring a girl into a prison for forced prostitution.151 A recent case decided by the European Court of Human Rights against Greece pointed to ‘police negligence’ and ‘investigation delays’ in the handling of a trafficking case involving a victim from Nigeria.152 The Court found that Greece had violated Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labour.

Box 6. Case study: trafficking for commercial sexual exploitation of children in Ecuador State officials in Ecuador have faced allegations that they falsified identification documents of minors in order to allow them to work in the country as adults. Because adult prostitution is not penalised in Ecuador, false papers allow traffickers to exploit their victims with impunity.153 Brothel owners obtain some of the false documents through criminal organisations. But other documents are allegedly falsified by public officials working for the Office of Civil Registry, the public institution in charge of issuing national identification papers. These officials rarely face prosecution for their conduct.154 For example, a 2008 case decided by a judge in the city of El Oro found girls ranging from 12 to 17 years old using false identification papers while forced to work in a brothel. Experts believed that the official papers the girls held could not have been acquired without the help of the civil registry officers. However, authorities did not launch an investigation into the allegations.155

Protection of traffickers and their interests

Public officials may provide protection for trafficking operations in a variety of ways, including using their position to promote traffickers’ interests or protecting them from being prosecuted. In 2003, for example, an immigration official in New York City pled guilty to accepting a bribe from a

150 Philip Gounev and Vincenzo Ruggiero, eds, Corruption and Organized Crime in Europe: Illegal Partnerships (Routledge, 2012) 80. 151 US Department of State, Trafficking in Persons Report (2015) 150; US Department of State, Trafficking in Persons Report (2014) 166; US Department of State, Trafficking in Persons Report (2013) 160. See also Alma Guillermoprieto, El Salvador el Violento Paisaje de las Maras, Letras Libras (April 2012) (describing how teenage girls are brought to imprisoned gang members under the guise of ‘conjugal visits’). 152 Philip Chrysopoulis, ‘EU Court of Human Rights Condemns Greece for Human Trafficking Case’ The( Greek Reporter, 22 January 2016) http:// greece.greekreporter.com/2016/01/22/eu-court-of-human-rights-condemns-greece-for-human-trafficking-case/#sthash.QU6ooH8i.dpuf. In some instances, corruption may appear to be mere incompetence. It is difficult to judge from this record whether the delays stemmed from corrupt actions or from an incompetent failure to conduct official duties. 153 Juan Carlos Corrales Sigcho, ‘Estudio Jurídico de la Normativa Penal Referente A la Trata de Personas en el Ecuador’ (Facultad de las Ameri- cas, 2011) 26 available at http://dspace.udla.edu.ec/bitstream/33000/1387/1/UDLA-EC-TAB-2011-24.pdf. 154 For a useful analysis of document fraud and the ability to obtain false identification papers in Ecuador, see ‘Ecuador, Zona Franca del Trafico Humano’ (2011) 298 Revista Vanguardia 14 available at http://issuu.com/la_hora/docs/vanguardia298/15. See also, UNODC, Estudio Sobre el Estado De la Trata de Personas en Ecuador, www.unodc.org/documents/peruandecuador/Informes/ECUADOR/trata_de_personas_en_ ecuador_final.pdf. 155 Causa Penal No 012-08 del Tribunal Primero de lo Penal de El Oro.

30 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 defendant who sought to avoid prosecution for human trafficking.156 The official attempted to deport the two victims, who were preparing to testify against the defendant and his wife.157 In another case prosecuted in New York, investigators determined that two police officers had received bribes in exchange for protecting an extensive network of Korean brothels holding victims of trafficking in the US.158 Authorities arrested and prosecuted the two police officers.159

In the end, it is the trafficking victims who bear the financial burden of bribes. Brothel owners commonly add the cost of the bribe to a trafficking victim’s debt, thereby ensuring that the victims remain trapped.160 Similarly, in labour trafficking cases, the costs of bribes compound the already- exorbitant recruitment fees that victims must pay to ‘buy’ their jobs.

Box 7. Brothels and bribes Prostitution rings, brothel owners and pimps routinely pay law enforcement officials bribes for protection and to deliberately ignore their activities.161 For example, in Russia, experts estimate that prostitution rings spend about US$300,000 a month in bribes to local authorities.162 In India, extorting bribes is so lucrative that police officers are known to pay bribes of their own to be transferred to a red-light district.163 In red-light areas in Delhi, police reportedly extorted up to INR 26,000 (US$866) per day in protection money.164 In Pune, brothels pay police between INR 2000 and INR 5000 (US$62-155) in monthly protection fees.165 In addition to paying monthly fees, pimps also ‘register’ trafficking victims. ‘Registering’ is a process by which brothel operators notify the police of a new trafficking victim and pay them a bribe to maintain their silence. In India, these bribes run between INR 5,000 and INR 25,000 (US$166-$833), depending on the victim.166 Police also assist brothel operators in registering minor girls as adults in exchange for bribe money. 167 Police will detain the minor girl in lockup for a night and then bring her to court with a falsified first information report (FIR) that states that the girl has adult status. 168

Corrupt officials also protect trafficking operations by intimidating trafficking victims. In a forced labour case in the US, the victims alleged that their trafficker conspired with two local police officers to have them unlawfully arrested and detained. The victims, two Mexican migrant workers, were forced to work at a crawfish farm and were arrested while attempting to escape. The trafficker was

156 United States v Yushuvayev, F Supp 2d 455 (EDNY 2008). While awaiting trial, the accused trafficker approached Yushuvayev, knowing that he was an Inspector for US Customs and Border Protection. The defendant offered to pay the inspector US$5,000 per person to forcibly place the two witnesses on flights to South Korea to prevent them from testifying. Yushuvayev eventually agreed to conduct the deportation for US$4,000. 157 Ibid. 158 United States v Do Hyup Bae, No 1:06-mj-00862-KAM (EDNY 2006). For a summary of this case, see UNODC Human Trafficking Case Law Database, Case View: United States v Kim et al (Do Hyup Bae) available at https://www.unodc.org/cld/case-law-doc/ traffickingpersonscrimetype/usa/2007/united_states_v._kim_et_al_do_hyup_bae.html?lng=en&tmpl=sherloc (accessed 13 September 2016). 159 United States v Jerry Svoronos, et al, No 06-CR-234 (SLT) (RML) (EDNY 2006). For a summary of this case, see UNODC Human Trafficking Case Law Database, Case View: United States v Kim et al aka Jerry Svoronos available at https://www.unodc.org/cld/case-law-doc/ traffickingpersonscrimetype/usa/2007/united_states_v._kim_et_al_aka_jerry_svoronos.html?lng=en&tmpl=sherloc (accessed 13 September 2016). See also, William Rashbaum and Michelle O’Donnell, ‘2 Policemen Accused of Taking Bribes to Protect Queens Brothel’ (The New York Times, 10 March 2006) available at www.nytimes.com/2006/03/10/nyregion/10cops.html?_r=0. According to court documents, one officer accepted several hundred dollars in bribes, the second received discounted sexual services of the house. The officers pled guilty. 160 Yugank Goyal and Padmanabha Ramanujam, ‘Ill-Conceived Laws and Exploitative State: Toward Decriminalizing Prostitution in India’ (2015) 47 Akron L Rev 1071, 1087. 161 See generally, Human Rights Watch, Rape for Profit: Trafficking of Nepali Girls and Women to India’s Brothels (1995); ‘When Police Act as Pimps: Glimpses into Child Prostitution in India’, Manushi Forum for Women’s Rights and Democratic Reforms (March/April 1998) 105 available at www.manushi.in/docs/246-police-act-as-pimps.pdf. 162 Alexey Eremenko, ‘Sex Slavery Thrives in Russia Out of Public View’ (Moscow Times, 2 December 2014) available at https://themoscowtimes. com/articles/sex-slavery-thrives-in-russia-out-of-public-view-41881. 163 See note 160, Goyal et al (2015), at FN 103. 164 Anuradha Kumar, Human Rights: Global Perspectives (Sarup, 2002) 228. 165 See note 160, Goyal et al (2015). 166 See note 160, Kumar (2002). 167 Ibid. 168 Ibid.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 31 present at the plaintiffs’ arrest and later came to the police station. In the presence of their trafficker, one policeman allegedly told the trafficking victims that ‘they should not again leave [the trafficker’s] premises because of the “gringos malos” who kill Mexicans’ and that ‘they did not have permission to leave [the trafficker’s] premises’. The second policeman allegedly threatened the victims with a Taser gun, intimating that they would be sent back to Mexico.169

In an incident involving forced labour in brick kilns in Henan province in China, 568 individuals held in servitude finally escaped.170 Press reports indicated that the entire illegal operation occurred under the protection of local officials.171

Refusal to register trafficking complaints

In some instances, public officials actively discourage trafficking victims from pressing charges or reporting trafficking crimes.172 When police officers refuse to register a complaint, the allegations never come to light and investigations are never launched. In December 2011, for example, the Asian Human Rights Commission (AHRC) reported the case of a 15-year-old girl trafficked from India to Bangladesh. Although the family of the victim sought help from local police, the police refused to provide any help. Although the police eventually registered the complaint, the police allegedly did nothing to investigate the case or to rescue the girl from Bangladesh.173

While this dereliction of duty may not qualify as corrupt activity, the facts do raise questions about the police’s motives for failing to act. In some cases, corruption is achieved through feigned incompetence motivated by a bribe.

Advance notification of law enforcement operations

When public officials (typically police officials) inform traffickers of impending police raids or rescue operations, they significantly hinder efforts to combat trafficking. Although the vast majority of reported instances of such ‘tip-offs’ occur within the context of sex trafficking, labour inspectors may also receive bribes in exchange for providing early warning of inspections. This may provide traffickers with the opportunity to remove children from worksites before inspectors arrive.

Bribery of police officers is essential for providing protection for brothels and other sex businesses. Some police officers receive bribes from criminal organisations involved in human trafficking to leak information regarding ongoing police operations or to obstruct investigations.174 In one Mongolian case reported through the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Optional Protocol, a domestic worker alleged that her employer held her in forced labour and sexual servitude. She escaped and filed a police complaint. The employer told her that he

169 Third Amended Complaint and Demand for Trial Jury, at 22-6, Huerta v LT West, No 11-CV-1589 (WD La, 13 February 2012). 170 Christopher Bodeen, ‘China Train Station Hub for Forced Labor’ (Washington Post, 19 June 2007) available at www.washingtonpost.com/wp- dyn/content/article/2007/06/19/AR2007061900951_pf.html. 171 Ibid. 172 In some cases, it is unclear whether the failure to register trafficking complaints is the result of corruption or incompetence. In 2011, it was reported that the Embassy of Kenya in Saudi Arabia was lax in pursuing the grievances of potential trafficking victims. Bozo Jenje, ‘Embassy to Blame for Kenyans’ Woes in S. Arabia’ (Daily Nation (Kenya), 9 October 2011) available at www.nation.co.ke/News/regional/Embassy+to+bla me+for+Kenyans+woes/-/1070/1252684/-/item/1/-/4hhtg7/-/index.html. 173 See note 28, Bashir Uddin (2014), at 18–27, (citing Asian Human Rights Commission, ‘India/Bangladesh: Police refuse to take action to rescue a girl trafficked to Bangladesh’ (2011) available at www.humanrights.asia/news/urgent-appeals/AHRC-UAC-243-2011). 174 See note 150, Gounev et al (2012).

32 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 had bribed the police.175

There are numerous reports of law enforcement officials receiving free services from traffickers in exchange for information:

An Argentinian policeman was sentenced to four years and six months’ imprisonment for providing information on upcoming police raids and immigration inspections to nightclubs where women from the Dominican Republic were trafficked into commercial sexual exploitation. The defendant was a regular presence and friendly with the defendant-traffickers and allegedly received monetary compensation for his tips.176

In the US, a young woman revealed that she had sex with two dozen police officers across five police departments.177 The victim alleged that she had sex with three of these officers while she was underage.178 The victim received tips on undercover operations and prostitution stings in exchange for sex.179

In Ecuador, trafficking victims reported that law enforcement agents routinely tipped off owners of brothels and bars prior to raids in exchange for monetary or free sexual services, referred to in the court record as ‘courtesies’.180

In Switzerland, authorities arrested five vice squad members for allegedly receiving free drinks and sexual services from brothels in exchange for information on upcoming police inspections.181

In Bosnia and Herzegovina, Human Rights Watch documented involvement in trafficking by local and international police.182 In one 2002 case, a police officer serving as the local United Nations Mission in Bosnia and Herzegovina (UNMIBH) Special Trafficking Operations Program (STOP) team leader was removed after he allegedly received free sexual services in exchange for information on possible raids.183

Of particular concern are corruption allegations involving members of anti-trafficking units. In Cambodia, for example, the former head of the Phnom Penh Municipal Police’s Anti-Trafficking and Juvenile Protection Department faced allegations of trafficking. In 2011, he was convictedin absentia for protecting Vietnamese sex-trafficking rings.184 This network had brought Vietnamese

175 Committee on the Elimination of Discrimination Against Women, Communication No. 39/2012, para 2.5, U.N. Doc. CEDAW/C/57/D/39/2012 (12 March 2014) available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download. aspx?symbolno=CEDAW/C/57/D/39/2012&Lang=en. 176 The policeman was found guilty of aiding and abetting human trafficking, failure to carry out the duties of public officials, and failure to prosecute crimes. Case No 91017032, Oral Federal Criminal Court of Mar del Plata, Argentina (20 May 2014). For a summary of the case, see Case No 91017032, UNODC Human Trafficking Case Law Database, UNODC No ARG065 available at www.unodc.org/cld/case-law-doc/ corruptioncrimetype/arg/2014/case_no._91017032.html?lng=en&tmpl=htms. 177 Matthew Artz and David DeBolt, ‘Oakland Police Scandal Spreads: Teen Claims Sex With Dozens of Officers’, The( Mercury News (US), 12 June 2016) available at www.mercurynews.com/bay-area-news/ci_30005624/oakland-police-scandal-spreads-other-east-bay-departments. 178 Ibid. Under US federal law, it is not necessary to show that a trafficker used force, fraud or coercion to induce a child to commit a commercial sexual act. 18 USC s 1591. 179 Anon, ‘Woman At Center Of Oakland Police Sex Scandal Speaks’ (CBS SFBayArea, 10 June 2016) available at http://sanfrancisco.cbslocal. com/2016/06/10/kpix-exclusive-teenage-woman-oakland-police-sex-scandal-speaks. 180 Causa Penal No 2698-08, del Juzgado Décimo Octavo de lo Penal de Pichincha. Special prosecutors in the case expressed suspicion about ‘leakage’ of information by police on pending investigations. 181 Arian Gigon, Ethics Training for Police Called into Question, Swiss Info (28 November 2013) available at http://www.swissinfo.ch/eng/ prostitution-scandal_ethics-training-for-police-called-into-question/37425736. 182 Human Rights Watch, Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution (2002) 27–28. 183 Ibid at 27. 184 Buth Reaksmey Kongkea, ‘Paid to Protect Brothels’ (Phnom Penh Post (Cambodia), 15 December 2011) available at www.phnompenhpost. com/national/paid-protect-brothels; Daniel Pye, Taing Vida and Alice Cuddy, ‘Cable Shows Cartel’s Reach’ (Phnom Penh Post (Cambodia), 12 June 2015) available at www.phnompenhpost.com/national/cable-shows-cartels-reach.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 33 women and girls into Cambodia to work in brothels operating out of coffee and video shops. The accused collected monthly fees from the brothel owners in return for information on police raids.185 He acquired this information through a network of paid informants in law enforcement and anti- trafficking NGOs.186 The official also ordered subordinates to hide child sex-trafficking victims during raids. 187 Despite his conviction, the Supreme Court later acquitted the defendant of all charges in an unannounced, closed-door hearing.188 As of June 2015, this official served as the deputy chief of staff in the office of Phnom Penh’s police commissioner.189

Provision of ‘security’ or other services to trafficking operations

Off-duty police officers have been reported to work as employees or security guards for establishments engaging in human trafficking. Taking a second job, known as ‘moonlighting’, is not inherently corrupt, nor is it an offence in many countries. But the presence of police officers – even off-duty officers – as guards in establishments holding trafficking victims can terrify victims. The presence of off-duty police officers in illegal work sites also underscores the futility of reporting the crimes to authorities.

As early as 2002, Human Rights Watch reported such cases in Bosnia and Herzegovina. Investigators identified local police working as waiters and security guards in brothels holding trafficking victims.190 In addition to security, law enforcement officials can also provide training and know-how to traffickers. In Albania, for example, a number of former Albanian security agents recruited into one human trafficking organisation allegedly trained the organisation’s members in ‘intelligence’ techniques, helping the criminal network create and operate internal secret communications.191

Obstructing investigations

Multiple opportunities for corruption arise at the investigation stage. In addition to simply obstructing investigations, corrupt officials may target law enforcement agents making headway in anti-trafficking efforts. In early December 2015, the former head of a Thai anti-trafficking task force made headlines when he fled the country and sought asylum in Australia. Major General Paween Pongsirin, a senior police investigator with the Royal Thai Police, claimed that he feared for his life after his trafficking investigation implicated a senior military general, other military officials and local politicians.192 His efforts earned him a transfer, against his will, to a region of southern Thailand heavily populated with insurgents and linked to traffickers with alleged ties to local senior police.

185 US Department of State, Trafficking in Persons Report (2012) 110. 186 See note 184, ‘Cable Shows Cartel’s Reach’. 187 See note 184, ‘Paid to Protect Brothels’. 188 US Department of State, Trafficking in Persons Report (2014) 122; US Department of State, Trafficking in Persons Report (2013) 117. 189 See note 184, ‘Cable Shows Cartel’s Reach’. 190 See note 182, Hopes Betrayed. 191 Johan Leman and Stef Janssens, ‘Albanian Entrepreneurial Practices in Human Smuggling and Trafficking: On the Road to the United Kingdom Via Brussels, 1995-2005’, International Migration (2011) available at https://lirias.kuleuven.be/bitstream/123456789/358951/2/ j.1468-2435.2010.00654.x.pdf. 192 In November 2015, these officials appeared in court for a procedural hearing. Gay Alcorn, Keryn Reynolds and Margaret Simons, ‘Revealed: Thailand’s Most Senior Human Trafficking Investigator to Seek Political Asylum in Australia’ Guardian( (UK), 9 December 2015) available at www.theguardian.com/world/2015/dec/10/thailands-most-senior-human-trafficking-investigator-to-seek-political-asylum-in-australia; Agence France-Presse, ‘Thai General Among Human Trafficking Suspects in Court’ Australia( Broadcasting Company, 10 November 2015) available at www.abc.net.au/news/2015-11-10/thai-general-among-human-trafficking-suspects-in-court/6928440.

34 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Fearing for his life, Paween resigned from his position and fled the country.193

Box 8. Case study: obstruction of justice In a case in the Philippines, a court found a judge had committed gross ignorance of the law and procedure. The case involved a female victim recruited from Manila to work in a bar in Pinamalayan, Oriental Mindoro. When the victim’s father filed a complaint with the authorities, law enforcement mounted a rescue operation and discovered a total of five young girls in the home of a man keeping the girls there for alleged ‘safe keeping’. Not long after, the judge assigned to the case issued a warrant of arrest for the law enforcement officers who conducted the rescue mission, charging them with grave coercion and qualified trespass. The law enforcement officers accused the judge of corruption, charges that the judge denied.

Severe and systemic corruption can cripple the capacity of a criminal justice system to address trafficking effectively. The previous military junta in Myanmar has been accused of intervening in investigations and prosecutions of forced labour and the forced recruitment of child soldiers. The US State Department, the International Labour Organization and UNICEF all reported more than 100 instances of forced conscription of men and boys into the Burmese army.194 Despite a 2012 order issued by Burma’s commander-in-chief ‘stating that soldiers accused of committing forced labour would be tried under civilian rather than military courts’,195 to date no soldier has ever been prosecuted for trafficking crimes in civilian courts.196 The lack of prosecutions may or may not stem from corruption, but the allegations of interference raise questions about officials’ motives for failing to live up to their commitments to hold individuals accountable.

Box 9. Diplomatic immunity as a tool for impunity Diplomats frequently hide behind their immunity to escape punishment for trafficking crimes. Although diplomatic immunity does protect these officials from prosecution, it is possible to hold diplomats criminally accountable.197 Unfortunately, this rarely occurs, allowing officials with full diplomatic immunity to commit these crimes with impunity. In a high-profile case, India’s Deputy Consul General to the US, Devyani Kohbragade, claimed diplomatic immunity to thwart human trafficking-related charges. Federal prosecutors alleged that Khobragade held her domestic worker in forced labour for approximately seven months.198 As Deputy Consul General, Khobragade enjoyed only consular immunity and not full diplomatic status.199 In response, the government of India transferred Khobragade to the Indian Mission to the United Nations in an attempt to claim diplomatic immunity retroactively. The US State Department acquiesced to the Indian Government’s demand for full diplomatic immunity to cloak Khobragade, who then departed the US. 200 In another case, Indian police filed a report against a Saudi diplomat alleging the illegal confinement and sexual assault of

193 See note 192, ‘Thai General Among Human Trafficking Suspects in Court’. 194 US Department of State, Trafficking in Persons Report (2015) 105–106; US Department of State, Trafficking in Persons Report (2013) 112–113. 195 US Department of State, Trafficking in Persons Report (2013) 112–113. 196 Correct at the time of writing (September 2016). There were also reports of complicity in human trafficking among national and border police. US Department of State, Trafficking in Persons Report (2015) 105–106. 197 See generally, Martina E Vandenberg and Alexandra Levy, ‘Human Trafficking and Diplomatic Immunity: Impunity No More?’ (2012) 7 Intercultural Hum Rts L Rev 77. 198 Sealed Complaint at 10, United States v Devyani Khobragade, No, 13-MAG-2870 (SDNY 11 December 2013) available at www.justice.gov/sites/ default/files/usao-sdny/legacy/2015/03/25/Khobragade%2C%20Devyani%20Complaint.pdf. 199 Under the Vienna Convention on Diplomatic Relations, full immunity protects diplomats from all criminal and civil actions. Under the Vienna Convention on Consular Relations, consular officials can claim immunity only for their official acts. 200 United States v Khobragade at 384 n 6, 387. On 9 January 2014, a grand jury indicted Khobragade on both charges. The indictment, which was initially dismissed, was re-issued after Khobragade’s departure. Khobragade now remains an international fugitive.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 35 two Nepali women working as maids in the diplomat’s residence. 201 Despite medical evidence corroborating the victims’ allegations, the Indian government apparently did not request a waiver of immunity in order to prosecute the diplomat. Instead, the diplomat and his family left India.202 While diplomatic immunity provides a considerable shield for perpetrators of trafficking, there has been some progress. In 2015, a Qatari military officer and his wife faced federal criminal charges of human trafficking and forced labour in San Antonio, Texas. The officer and his wife were alleged to have held two domestic workers in servitude near a US military base. In response to the case, the government of Qatar suspended military officials from bringing domestic workers to any foreign country posting. 203

Obstructing prosecutions

Even if a trafficking investigation proceeds to prosecution, corrupt officials can exert influence to halt or otherwise interfere with the prosecution process. The 2014 TIP stated that Peruvian prosecutors ‘accepted money from traffickers to send child sex trafficking victims home in exchange for dropping the charges or falsifying victim statements to exonerate traffickers.’204 The prosecutors involved were suspended for 30 days after the allegations arose.205

Box 10. IBA study on judicial corruption The IBA’s Judicial Integrity Initiative, along with the Basel Institute on Governance, conducted an extensive survey on the root causes of judicial corruption, the manner in which it occurs and its frequency. With more than 2,000 responses from around the world from IBA members, members of IBA bar association members, the International Association of Jurists and others, the survey found widespread concern about bribery of judicial officers, prosecutors and others involved in the judicial process, as well as political and other undue influence on judicial decision-making. The results of the survey can be found in the IBA’s report, Judicial Systems and Corruption, available at www.ibanet.org/Legal_Projects_Team/ judicialintegrityinitiative.aspx.

Box 11. US: obstruction of justice and attempted elimination of witnesses In the US, Nisim Yushuvayev, an inspector for the US Customs and Border Protection Agency, pled guilty to the obstruction of a human trafficking prosecution. Yushuvayev conspired to use his official position in an attempt to deport two victims of domestic servitude who were preparing to testify against their traffickers. The defendant offered Yushuvayev US$5,000 per person to forcibly place the two victims on flights to South Korea to prevent them from testifying. Yushuvayev presented his Immigration and Naturalization Services badge to one of the victims and accused her of working in violation of her visa. He instructed her to accompany him to the airport to be put on a plane to Seoul. The attempt failed and Yushuvayev was arrested. He was sentenced to ten years in federal prison.206

201 According to Maiti Nepal, an anti-trafficking NGO, the two women were trafficked to Delhi to work for Majed Hassan Ashoor, the first secretary in the Saudi Embassy. The women told police that they were held captive, beaten and repeatedly raped by Ashoor. The diplomat allegedly invited friends to rape the women, often several at a time. ‘Saudi Diplomat Accused of Rape: External Affairs Ministry Seeks Detailed Report’ (First Post, 9 September 2015) available at www.firstpost.com/india/saudi-diplomat-accused-of-rape-external-affairs-ministry-seeks- detailed-report-2427120.html; Philip Sherwell, ‘Saudi Diplomat Accused of Raping Maids Leaves India Under Cover of Immunity’ (Telegraph (UK), 17 September 2015) available at www.telegraph.co.uk/news/worldnews/asia/india/11870900/Saudi-diplomat-accused-of-raping-maids- leaves-India-under-cover-of-immunity.html; ‘Rape, Torture Finger At Saudi Diplomat, Wife’ (Telegraph (India), 8 September 2015) available at www.telegraphindia.com/1150909/jsp/nation/story_41574.jsp#.VlOxfmSrS1s; Jason Burke, ‘Saudi Diplomat Accused of Raping Two Maids Uses Immunity to Leave India’ (Guardian (UK), 16 September 2015) available at www.theguardian.com/world/2015/sep/17/saudi- diplomat-accused-of-raping-two-maids-uses-immunity-to-leave-india; Anon, ‘Saudi Diplomat in India is Accused of Rape’ (The New York Times, 9 September 2015) available at www.nytimes.com/2015/09/10/world/saudi-diplomat-is-accused-of-rape.html?_r=0; Harmeet Shah Singh, ‘Saudi Diplomat Accused of Sexual Assault Leaves India’ (CNN, 17 September 2015) available at www.cnn.com/2015/09/17/asia/saudi-diplomat- sex-allegations-india. 202 Ashoor returned to Saudi Arabia in September 2015. See note 201, ‘Saudi Diplomat Accused of Raping Two Maids’. 203 Guillermo Contreras, ‘Feds Say U.N. Weapons Inspector Kept Workers in Inhumane Conditions in S.A.’ (San Antonio Express-News, 14 October 2015) available at www.expressnews.com/news/local/article/Feds-say-U-N-weapons-inspector-kept-workers-in-6571497.php. 204 US Department of State, Trafficking in Persons Report (2014) 312. 205 US Department of State, Trafficking in Persons Report(2013) 299. 206 United States v Yushuvayev, 532 F Supp 2d 455 (EDNY 2008).

36 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Judges and other judicial officers have also been implicated in trafficking-related corruption. In 2009, in Bratislava, Slovakia’s Justice Minister dismissed the Chair of the Bratislava I District Court on suspicion of influencing court proceedings in a case of human trafficking.207 Judges allegedly accepted bribes from traffickers to delay cases or make them disappear.208 In some cases, judges reportedly solicited bribes from trafficking victims to make cases move forward.209 In a case in the Philippines, a court found a judicial official guilty of corruption after he issued an arrest warrant against a police team who rescued five underage girls forced to work in karaoke bars.210 Victims alleged that they witnessed the judge meeting and drinking with their traffickers.211

Box 12. Case study: allegations of judicial interference and misconduct In February 2014, a district magistrate in the Uttar Pradesh state of India believed to be ‘under the influence’ of the owner of a brick kiln, failed to act after a local village leader filed an application on behalf of several men kept as bonded labourers at the brick kiln. It was only after a local NGO filed a petition with the High Court that the District Magistrate was ordered to investigate and report back. After the district magistrate determined that there were more than 11 bonded labourers at the kiln, the High Court ordered the case to be fast-tracked.212

Reduced punishments

If a trafficking prosecution survives long enough to result in a successful adjudication and conviction, judges may be bribed to impose lesser penalties on traffickers.213 According to the 2011 TIP, judges in Moldova reportedly reduce the sentences of convicted traffickers in exchange for money.214 Judicial corruption can also lead to the release of convicted traffickers. The former president of Cambodia’s Court of Appeal is reported to have accepted US$30,000 to release brothel owners convicted of trafficking related offences.215

Corruption leading to re-trafficking

Corruption can contribute to, or directly result in, the re-trafficking of victims. For example, in Philippine embassies in the Middle East, officials have:

‘mistreated and revictimized Filipina victims of domestic servitude by sexually harassing them, failing to pursue their legal cases, withholding back wages procured for them, re-trafficking them into domestic servitude, and coercing sexual acts in exchange for government protection services.’216

207 SITA Slovenska Tlacova Agentura, ‘Last Week’s Major Political Happenings’ (4 October 2009); SITA Slovenska Tlacova Agentura, ‘General News Summary’ (28 September 2009). 208 See note 28, Bashir Uddin (2014). 209 Ibid. 210 Alejandro Gutierrez, PCI Antonio Ricafort, SPO4 Richardo G. Ong, and SPO1 Arnulfo Medenilla v Judge Godofredo G. Hernandez, UNODC Human Trafficking Case Law Database available at www.unodc.org/cld/case-law-doc/traffickingpersonscrimetype/phl/2007/psupt._ alejandro_gutierrez_pci_antonio_ricafort_spo4_richardo_g._ong_and_spo1_arnulfo_medenilla_vs._judge_godofredo_g._hernandez. html?tmpl=old. 211 Ibid. 212 Thomson Reuters Foundation and The Freedom Fund, Putting Justice First: Legal Strategies to Combat Human Trafficking in India (Thomson Reuters Foundation, 2014) 87. Executive Magistrates, often the District Magistrate or Sub-Divisional Magistrate, are mandated with the authority to identify, rescue and release victims of bonded labour and child labour. These officials also see that a police complaint is lodged. Ibid at 34. 213 See note 28, Bashir Uddin (2014). 214 US Department of State, Trafficking in Persons Report(2011) 260–261. 215 US Department of State, Trafficking in Persons Report(2010) 103. 216 US Department of State, Trafficking in Persons Report (2015) 280; US Department of State, Trafficking in Persons Report (2014) 315.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 37 A government task force investigation into such corruption led to the recall of 12 diplomatic officials, including ambassadors, and the temporary suspension of three former labour attachés by the Department of Labor and Employment (DOLE). 217

Chapter 6. Recommendations

Corruption’s corrosive influence thrives in the absence of transparency and accountability. The resulting impunity enjoyed by officials who are involved or complicit in trafficking undermines the rule of law. In some jurisdictions, the legal system is in such turmoil that the chances of being held accountable for corrupt deeds are very slim. Curbing corruption requires vigilance. It requires the trust of victims, who witness many of these corrupt acts, but fear to report. As this report demonstrates, there are too few convictions of public officials for trafficking-related corruption. This must change.

High levels of human trafficking are correlated with high levels of corruption. Corruption facilitates every aspect of trafficking, from recruitment to transportation and exploitation. Corruption aids impunity through the obstruction of justice. Anti-trafficking efforts need to fully incorporate a focus on anti-corruption. Comprehensive, multi-disciplinary approaches are necessary to combat modern day slavery. No-one knows whether human trafficking begets corruption, or corruption begets human trafficking. In fact, both may be true.

Experts have long debated how best to combat these twin scourges. Some have made extensive recommendations. For example, the UN Special Rapporteur on trafficking in persons recommends several steps for businesses to combat human trafficking in their supply chains: assess risks; raise awareness of the risks of human trafficking and anti-trafficking policies; implement an effective monitoring system; establish grievance mechanisms; and co-operate with civil society organisations.218

The case studies collected in this report provide a starting point for further discussion. By identifying documented cases of corruption and trafficking, experts may begin to develop strategies to combat this phenomenon. With an evidence-based understanding of how trafficking and corruption intersect, NGOs, the business sector and international organisations can strategise more effective steps to prevent, detect, investigate and punish these acts.

Tackling corruption should be a priority alongside tackling human trafficking. Targeting those who enable trafficking would reduce opportunities for traffickers and increase risks. Dedicated anti-corruption efforts can change the established practices. These practices currently normalise trafficking.

As with any reform effort, a key question is how to measure success. Counter-intuitively, the success of anti-trafficking and anti-corruption efforts may result in anincrease in reported trafficking cases; success in fighting corruption may mean prosecutingmore , not fewer, public officials. This is a necessary first step in changing the attitudes and practices that allow trafficking to continue

217 Ibid. 218 UNGA, ‘Report of the Special Rapporteur on trafficking in persons, especially women and children’ (2012) UN Doc A/67/261, para 50. See also, UNODC, Toolkit to Combat Trafficking in Persons (2008); and note 8, Kendall (2011), at 33.

38 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 unabated. To evaluate any single recommendation’s usefulness, one must know what outcomes can be measured. And one must know what those numbers mean.

The recommendations below seek to meld the work of experts in the trafficking field with the work of experts in the corruption field.

6.1 Raise awareness of the links between corruption and human trafficking

It is widely recognised that education and training are vital to deterring individuals from engaging in corrupt acts. The Trafficking Protocol directs States Parties to:

‘[p]rovide or strengthen training for law enforcement, immigration and other relevant officials and the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.’219

Training and professional development of public officials can promote high standards of ethics; build capacity for anti-corruption policing; and train management on effective anti-corruption policies.220 Corruption-specific joint trainings – replete with regional case studies – should be organised for police, prosecutors, judges and other law enforcement officials. 221 Human trafficking units should also be trained on corruption. These trainings serve a dual purpose: (1) educating officials on the identification of trafficking-related corruption; and (2) promoting a culture of integrity.

In the Amsterdam Police Department, for example, official training programmes reflect an understanding of the reality of policing. In Amsterdam, experts concluded that anti-prostitution units ‘carry inherent temptations for corruption’.222 Members of the anti-trafficking unit are required to pass three examinations over the course of a 256-hour training course on policing the sex industry.223

Agencies should train their relevant managers and supervisors on the red flags and indicators of corruption.224 Law enforcement officials should be trained both by human trafficking experts and corruption experts. Officials engaged in identifying and dealing with public sector corruption can provide training on best practices to monitor, investigate and address corruption. Training on human trafficking for public officials should explicitly address trafficking-related corruption, again, with an emphasis on case studies. Diplomats posted abroad should also be trained to understand the

219 Art 10(2). The Council of Europe Convention on Action Against Trafficking in Human Beings also instructs parties to staff their authorities ‘with persons who are trained and qualified in preventing and combating trafficking in human beings and identifying and helping victims.’ Council of Europe Convention on Action Against Trafficking in Human Beings, Bulletin of Treaties (16 May 2005) Art 10. 220 Transparency International, Anti-Corruption and Police Reform (2010) 4–5. 221 These proposals draw in part from recommendations presented in Kendall (2011) – see note 8, at 33, 41–47. 222 US Department of State, Trafficking in Persons Report (2013) 278. 223 National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children,Ninth Report of the Dutch National Rapporteur 81 (2014) (describing similar training for police in The Hague). 224 UNODC, The Role of Corruption in the Smuggling of Migrants (2013) 34, see also for indicators of corruption and migrant smuggling.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 39 dynamics of human trafficking and the potential for official corruption at all levels.225

Box 13. IBA training regarding human trafficking The IBA’s Presidential Task Force on Human Trafficking has worked with the Singapore and UK governments to conduct substantial training programmes on identifying human trafficking and in dealing with its consequences. The training has involved: • understanding the legal definition of trafficking in persons; • applying the elements of that crime to various fact patterns; • understanding how the crime of trafficking takes place, including victim psychology; • appreciating the international, regional and national legal frameworks, recognising issues and applying appropriate legal concepts during the investigation and prosecution process; and • identifying and understanding the major issues typically involved in trafficking investigations and prosecutions including: the critical importance of victim identification; the significance of obtaining a full and complete account from the victim; difficulties involved in securing a victim’s cooperation during the investigation and prosecution process (and in working with traumatised victims throughout the litigation process); need to develop evidence corroborating the victim’s account and the types and sources of such evidence; importance of adequately preparing the victim to testify in court; importance of identifying likely defences and being prepared to effectively respond in court.

6.2 Institute joint anti-corruption and anti-human trafficking legal frameworks

National laws must provide a strong framework for holding public officials involved in trafficking- related corruption to account. States can build better frameworks through:

• integrating anti-corruption and human trafficking legislation;

• ensuring that any trafficking-related anti-corruption reforms are part of a broader anti- corruption framework; and

• aligning domestic legislation with international standards.

States should put in place strategies that address both trafficking in persons and corruption. A first step would be to include corruption issues in anti-trafficking policies, procedures and training. This could be accomplished ‘by modifying anti-corruption tools or by including corruption issues in existing anti-trafficking measures’.226 For instance, the US’ Trafficking Victim Protection Act (TVPA) acknowledges the link between trafficking and corruption, stating ‘[t]rafficking in persons is often aided by official corruption in countries of origin, transit, and destination.’227 Domestic legislation should provide for monitoring, reporting and analysing corrupt acts along the human trafficking chain.228 Moreover, experts should continuously evaluate and improve the laws to close loopholes.229

Anti-corruption efforts at the agency level cannot occur in a vacuum. Rather, they need to be part of

225 This includes not only corruption in the issuance of visas or other work documentation, but also involvement in trafficking directly. In the US, for example, federal authorities prosecuted nine foreign officials for trafficking domestic workers into homes for forced labour and other exploitation. See note 99, Vandenberg et al (2016). 226 See note 47, OECD Background Paper, at 26, point 61. 227 Trafficking Victims Protection Act 2000, Div A of Pub L No 106–386, s 102(b)(8), as amended. 228 For example, the US’s annual Trafficking in Persons Report must assess the extent to which governments investigate, prosecute and punish public officials involved in or facilitating human trafficking. Ibid, s 108(4)(7). 229 Virginia Kendall proposes a two-part process in this regard: (1) develop a comprehensive anti-corruption strategy; (2) establish a national multi-stakeholder anti-corruption council to facilitate the development and implementation of the Anti-Corruption Strategy. See note 8, Kendall (2011), at 33, 41.

40 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 a broader anti-corruption framework. Successful anti-corruption strategies should be ‘embedded in a broader framework of democratic institution-building that promotes a human rights-based approach to policing services’.230 Anti-corruption efforts at the level of law-enforcement will be ineffective if not paired with similar efforts at the higher levels. Anti-corruption measures must be implemented within the context of broader anti-corruption infrastructures in a country.231 For example, anti-corruption efforts within law enforcement will be ineffective if similar measures are not implemented within the political and judicial institutions that oversee law enforcement and other government agents.

Domestic counter-trafficking legislation should conform to international standards regarding trafficking in persons and corruption.232 National anti-corruption measures should incorporate a state’s regional and international anti-corruption policies and legal commitments.233 The legal basis against corruption and trafficking in persons must be fortified. This can be achieved, in part, through national ratification of international conventions and adoption of monitoring mechanisms.234 In addition to this, enforcement is critical.

6.3 Improve detection, investigative and enforcement capacity to combat corruption in human trafficking

In addition to preventive measures, governments should also ensure that they are working to detect and investigate human trafficking-related corruption. One strategy requires raising awareness and educating public officials on indicators of human trafficking and related corruption. States can increase their ability to detect and investigate corruption and human trafficking by:

• establishing ties between human trafficking units, anti-corruption units and internal investigation teams; and

• broadening the mandates of existing anti-corruption agencies to include a focus on trafficking-related corruption

Human trafficking units should establish ties with anti-corruption units. Information and resources – particularly with regard to best practices – should be promoted and shared among relevant actors. Recently, the Thai Government announced the establishment of a new anti-trafficking interagency task force to include representatives from law enforcement and social services agencies, with support from anti-corruption entities.235

Internal investigations teams and specialised corruption teams should also establish partnerships.236 Public corruption may be detected in the course of a human trafficking investigation.237 If that occurs,

230 See note 220, Transparency International (2010), at 1. 231 Broader anti-corruption infrastructure measures included: civil servant regulations, public procurement laws, penal policies, corruption investigation resources, Ombudsman institutions, criminal asset forfeiture regimes, anti-money laundering legislation and regulations, financial and fiscal controls of public bodies, government transparency legislation, and comprehensive electronic government policies. Center for the Study of Democracy (2012), at 76–77. 232 See note 47, OECD Background Paper, at 26, point 59. 233 See note 231, Center for the Study of Democracy (2012), at 78. 234 See note 47, OECD Background Paper, at 26, point 59. 235 Royal Thai Embassy, ‘Thailand Will Establish Interagency Anti-Trafficking Taskforce’ (13 July 2015) available at www.thaianti- humantraffickingaction.org/Home/?p=1499. 236 See note 224, UNODC (2013), at 38–39. 237 Corruption investigations are usually reactive, initiated as a result of information learned during criminal investigations. See note 235, Center for the Study of Democracy (2012), at 102.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 41 authorities should open a separate corruption investigation. Careful examination of evidence can lead to identification of possible patterns of trafficking-related corruption. These cases may not end in an indictment or prosecution: the corruption may have taken place in another country. Pressure may be placed on the traffickers to plead guilty to bring an end to the corruption investigation.238 In any event, the evidence in the case provides valuable data.

States should broaden the mandates of existing anti-corruption agencies to include a focus on trafficking-related corruption. Countries should form specialised multi-agency units and establish multi-agency training regimes with anti-corruption and anti-trafficking experts. These institutions should be entrusted with responsibility for detecting, investigating and prosecuting corruption offences related to human trafficking. Independence and autonomy are essential to the effective functioning of such agencies. The investigations should have the capacity to lead to both criminal and administrative penalties. An anti-corruption agency could investigate corruption cases; cooperate with prosecutors to bring criminal cases; raise public awareness of the problem; and facilitate interagency cooperation (including security, law enforcement, and financial/bank institutions). The agency could also be charged to disseminate statistical and comparative findings through a public awareness campaign.

Trafficking investigations and prosecutions should run alongside investigations into corruption and finances of suspects.239 To tackle trafficking-related corruption effectively:

‘[I]ndicators need to be developed for actors working in the field of corruption to detect [trafficking] when investigating relevant corruption cases and for actors working in the field of [trafficking] to detect corruption when investigating [trafficking] cases.’240

Anti-money laundering systems should also be used to detect and end the financing of these criminal activities. An anti-money laundering strategy can thwart reinvestment of trafficking proceeds into criminal trafficking networks. Financial intelligence systems should be used to map trafficking networks’ interactions with corrupt officials.241

6.4 Target resources to high risk areas

Just as corruption varies from region to region, anti-corruption strategies will differ from country to country. States should assess local allegations of corruption relating to trafficking. Periodic risk assessments at the local, regional, and national levels can identify specific ways in which corruption facilitates trafficking. 242 Case studies indicate that traffickers moving victims via air often used fraudulent travel documents.243 Traffickers moving across land borders tend to rely more on bribing border control and immigration officials. 244 Identifying high-risk opportunities for illicit profit by public officials can assist states in preventing corruption, as well as trafficking. Systematic assessments

238 See note 224, UNODC (2013), at 43–44. 239 See note 47, OECD Background Paper, at 27, point 66. 240 Ibid at 27, point 65. 241 Ibid at 27, point 64. 242 See note 63, OSCE (2010), at 73. 243 See notes 99–101 and accompanying text. 244 See note 124 and accompanying text.

42 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 of a State’s vulnerability to corruption are necessary to inform anti-corruption strategies.245

It is important to adapt anti-corruption reform measures to local circumstances.246 Assessing concrete allegations of corruption in local trafficking cases can aid in identifying and closing off opportunities for corrupt profit.247 Risk assessments identify which sectors are most at-risk for corruption, enabling States to prioritise efforts. Slovakia, for example, does not focus its anti-corruption efforts on the border patrol because risk assessments identify higher instances of corruption in other law enforcement sectors, specifically the traffic police.248

An assessment also identifies the locations, functions or activities most vulnerable to corruption. An assessment conducted by the Swiss Government, for example, found a risk of corruption among visa officials in 33 Swiss embassies and consulates.249 This followed a 2005 discovery that Pakistani- organised crime gangs allegedly involved in human trafficking had infiltrated the visa section of the Swiss Embassy in Islamabad. Swiss authorities uncovered at least 100 cases of visa fraud.250 The Swiss Government replaced the entire staff of the Islamabad embassy251 and instituted preventive measures, including an increase in visa office inspections.252 In the US, the Customs and Border Patrol discovered that border guards with family members and friendships on both sides of the border were vulnerable to corruption.253 As a result, the US Government now places new recruits far from their hometowns for their first rotation.254

Risk assessments can also help to determine whether particular locations are more vulnerable than others. A European survey found that land borders and sea borders had more corruption vulnerability than major airports.255 In Malaysia, a Special Branch report found that 80 per cent of enforcement officers manning the border were corrupt.256 Based on ten years of undercover surveillance, the report stated that many border officers were on the payroll of syndicates dealing in arms, drug and human trafficking.257

6.5 Punish corrupt officials

The detection and investigation of corruption must lead to punishment of corrupt officials. Punishments should have ‘teeth’: minimal, symbolic penalties send a message that enforcement

245 See note 224, UNODC (2013), at 2. ‘A systematic review should include an analysis of existing practices and systems, as well as an assessment of the threats and pressures to which they must respond, and the agency’s capacity to mitigate the risk of these materializing.’ Ibid at 27. 246 See note 220, Transparency International (2010), at 8. 247 A study on anti-corruption efforts in European Union border control agencies presents design questions such as: ‘Is the threat from single corrupt officers, groups of officers or more complex networks of corrupt officers?’; ‘What cultural/social factors may prevent the effective application of corruption measures, or distort their effect?’ See note 233, Center for the Study of Democracy (2012), at 87. The UNODC suggests design questions such as: ‘Where are the opportunities for corruption?’; ‘Has the staff been screened and vetted?’; ‘Who has access to blank visas and other official documents?’. See note 224, UNODC (2013). 248 See note 233, Center for the Study of Democracy (2012), at 88. 249 See note 105, Holmes (2009), at 96. 250 Ibid. See also, Swissinfo with agencies, ‘Islamabad Embassy Target of Organised Crime’ (3 May 2006) available at www.swissinfo.ch/eng/ islamabad-embassy-target-of-organised-crime/5155786; Swissinfo with agencies, ‘Entire Staff at Pakistan Embassy Replaced’ (18 May 2006), www.swissinfo.ch/eng/entire-staff-at-pakistan-embassy-replaced/5202636. 251 See note 250, ‘Entire Staff at Pakistan Embassy Replaced’. 252 See note 250, ‘Islamabad Embassy Target of Organised Crime’. 253 See note 224, UNODC (2013), at 27. 254 US Government Accountability Office,Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct (2012) GAO 13–59, 25. See infra Section 2 for more on preventing corruption through human resource management systems. 255 See note 250, ‘Islamabad Embassy Target of Organised Crime’. 256 See note 133, ‘80pct of Border Officers in Malaysia Corrupt’. 257 Ibid.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 43 is only for show. Punitive measures increase the risks and costs of engaging in corruption.258 The current ‘low risk–high profit’ environment in many countries virtually guarantees that officials will engage in corrupt behaviour to facilitate trafficking. Instead, corrupt behaviour should be high risk, with little promise of reward. The risk for an actor considering a corrupt payment can be ratcheted up through internal controls, sanctions and prosecution.

Relevant agencies should review and upgrade their internal disciplinary systems. Managers should empower managers to implement disciplinary measures.259 Random integrity testing is another internal mechanism – though this measure is not without controversy.260 Immunity from prosecution of public officials accused of trafficking in persons should be lifted when the allegation of corruption is supported by evidence.261 States should publicly report criminal prosecutions of state officials involved in trafficking. Such transparency removes an additional incentive: anonymity. Rather than enjoying anonymity, as has long been the norm, public officials who face allegations that they have engaged in corrupt practices should face public scrutiny.

Any anti-corruption reform within government agencies must be paired with judicial reform.262 Anti- corruption reforms are often stymied by weak judicial systems. As noted in the preceding section, the obstruction of justice is a factor in impunity for corrupt officials and traffickers. States need to ensure the integrity and independence of their judiciaries. Both UNTOC and UNCAC require states to create an offence for the obstruction of justice. States have an obligation to criminalise the use of corrupt or coercive means.263

Box 14. IBA Judicial Integrity Initiative The IBA’s Judicial Integrity Initiative is working to combat judicial corruption on several fronts. 1. The IBA has drafted a model Judicial Anti-Corruption Compact, to be signed by judges, lawyers, prosecutors, court clerks and the relevant national association, in which each signatory commits not to engage in any form of corrupt conduct. The Compact and its signatories will be published by the IBA’s member bar association on its website. It is hoped that this Compact and the resulting publicity will change the public’s expectations as to the existence of judicial corruption. 2. The IBA is considering the establishment of a system by which judicial systems can be certified as having appropriate procedures to avoid corrupt conduct. 3. The IBA is developing best practice compilations relating to the manner in which judicial corruption may be investigated and prosecuted and regarding how bar associations investigate and sanction corrupt conduct by their members. 4. The IBA is conducting a study of national laws to determine whether they capture the types of judicial corruption found in its Report, Judicial Systems and Corruption.264 5. The IBA is also researching how asset recovery mechanisms may be improved to combat judicial corruption.

258 Ibid. 259 See note 220, Transparency International (2010), at 7. 260 See note 233, Center for the Study of Democracy (2012), at 99–101. 261 See note 47, OECD Background Paper, at 30, point 81. 262 See note 220, Transparency International (2010), at 7. 263 UNTOC Art 23; UNCAC Art 25. 264 International Bar Association/Basel Institute on Governance, ‘Judicial Systems and Corruption’ (International Bar Association’s Legal Pro- jects Team, 2016) available at www.ibanet.org/Document/Default.aspx?DocumentUid=F856E657-A4FC-4783-806E-6AAC6895D37F.

44 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 6.6 Monitor and review anti-corruption and anti-trafficking strategies

A corruption risk assessment is a useful starting point for developing a risk mitigation strategy or action plan. Any plan must be continually ‘monitored, tested and refined’.265 Law enforcement and other state actors should be subject to constant review and vetting. Both Bulgaria and Germany, for example, maintain risk mitigation strategies in their border guard services. Situation reports, updated on an annual basis, result in action plans. Action plan implementation is then monitored and evaluated in regular reports.266

Anti-corruption strategies will vary depending on the type of corruption. Promoting professional standards of integrity has been successful in addressing both street-level corruption (bribery, extortion, kickbacks) and bureaucratic corruption within police forces.267 Criminal corruption, such as protection, collusion or direct involvement in criminal activities, has been successfully addressed through the investigation, prosecution and removal of corrupt officials. States must build mechanisms to detect and punish police involvement in any aspect of human trafficking, such as internal disciplinary measures, accountability mechanisms and integrity management systems. 268

Given the many manifestations of corruption, an integrated approach is recommended.269 In the US, the Immigration and Customs Enforcement’s Office of Professional Responsibility uses a three- tiered approach: security, inspections and investigations, to prevent and mitigate corruption. This approach combines initial screenings of candidates; regular inspections to identify problematic areas; investigations of alleged misconduct; and continuous integrity-based training.270

Preventive measures aim to decrease the incentives and opportunities for corruption. States can discourage corrupt practices through reform of human resource management systems. Adopting an ethical organisational culture, promoting integrity, strengthening accountability and engaging the community can mitigate corruption.271

6.7 Improve employment practices

One avenue for corruption prevention is the presence of a sound human resource management system. Human resources management can identify personnel and positions at risk of corruption. These systems can also remove incentives and opportunities for corruption. Measures include:

• a sound recruitment, screening, and vetting process;272

265 See note 224, UNODC (2013), at 28. UNODC recommends the following for border control: risk mitigation strategies should include: periodic reviews of the immigration, travel and identity document control systems and related regulations; use technology to protect the integrity of documents; corruption prevention procedures; integrity training programs; clear guidelines; system for declaration and registration; whistleblower protection; and confidential reporting (ibid, 28–29). 266 See note 233, Center for the Study of Democracy (2012), at 88. 267 See note 220, Transparency International (2010), at 3. 268 Ibid at 4. 269 The UNODC recommends reforms in the areas of policy and governance; decision making; human resource management; inspections, audits and oversight; complaint mechanisms; response to corruption; and resources. See note 224, UNODC (2013), at 25–26. 270 See note 224, UNODC (2013), at 30. 271 See note 220, Transparency International (2010), at 4. 272 Past behaviour is a strong predictor of future behaviour, therefore background checks of new recruits are important to prevent corruption and identify those at-risk of misconduct. See note 233, Center for the Study of Democracy (2012), at 98–99; and note 224, UNODC (2013), at 25.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 45 • regular, random rotations of duty rosters, team members and posts;273

• disclosure protocols for the declaration and registration of assets, interests and gifts;274 and

• fair and transparent systems for recruitment, hiring, promotions, reselection and retirement of public officials.275

Anti-corruption reform efforts among border control agencies provide useful examples of preventive operational measures. Measures that have found success include:

• random changes in shift allocation and duration;

• job rotation in which officers do not know their point of deployment in advance;276

• ‘four-eyes’ policies: mandatory two-person teams;277

• restrictions on the use of mobile phones and carrying cash while on duty;278

• electronic surveillance;279

• random inspections of personal belongings, cars or working space;280 and

• interviews of randomly selected passengers crossing borders.281

Promoting fairness and transparency not only increases public trust in law enforcement institutions,282 it prevents the creation of a culture of ‘employee deviance and misconduct’.283

Sectors at specific risk of trafficking-corruption need to ensure that workforce activities are performed in a transparent manner. Unnecessary bureaucracy should be eliminated. Bureaucratic choke points only increase the opportunities for corrupt officials to seek bribes. Transparency is particularly relevant within law enforcement (eg, border control, customs and immigration authorities) and among criminal justice bodies. Transparency can be achieved with safeguards such as ‘internal approval systems of tasks to be performed and avoiding having one-to-one meetings with individuals such as visa and work permit applicants, presumed trafficking victims and suspects.’284

273 See note 233, Center for the Study of Democracy (2012), at 92. 274 See note 224, UNODC (2013), at 26. 275 See note 224, UNODC (2013), at 29. See also note 220, Transparency International (2010), at 4–5. 276 Job rotation ‘aims to prevent the establishment of durable corruption networks or personal relations with local communities that may influence an officer’s judgment.’ In high-risk border areas, assignments limited to five years. However, rotation policies are limited in that they are expensive, require additional training, and may not feasible with smaller border guard forces. See note 233, Center for the Study of Democracy (2012), at 101. See also, US Government Accountability Office, Additional Actions Needed to Strengthen CBP Efforts to Mitigate Risk of Employee Corruption and Misconduct (2012) GAO 13–59. 277 See note 233, Center for the Study of Democracy (2012), at 93. 278 Ibid at 92. 279 Electronic surveillance raises multiple concerns. Often there are large volumes of data to process; review of video recordings is costly and time consuming; corrupt officers may operate where there is no surveillance; or corrupt officers may purposely damage surveillance equipment. Ibid. 280 Ibid. 281 This has had some success in countries with large-scale petty corruption. Ibid at 94–95. 282 See note 220, Transparency International (2010), at 6. 283 See note 224, UNODC (2013), at 26. 284 See note 47, OECD Background Paper, at 28, point 69 (citing UNODC, The Role of Corruption in Trafficking in Persons (2001)).

46 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 6.8 Foster a culture of integrity through codes of conduct

States can prevent corruption by fostering an official organisational culture based on high standards of professionalism and ethics. Codes of conduct establish expected standards of behaviour, set clear requirements of conduct, and foster an organisational culture of professionalism.285 A zero- tolerance policy for corruption and trafficking should be backed up by codes of conduct in line with international standards.286 Existing ethics codes and standard operating procedures should be updated to address trafficking in persons issues. For example, the UNODC recommends that when conducting raids in brothels, police should always ‘be accompanied by one or more colleagues, preferably female staff’.287

Codes of conduct should also be specific to each particular agency. A study of EU border control agencies found that few Member States had adopted anti-corruption strategies and policies specific to border guards. General anti-corruption policies found in ‘ethical codes, codes of conduct, penal policies and other legislation’ frequently focus on police rather than border guards.288 Useful codes of conduct should do more than forbid public officials to take bribes; they should also address the potentially ‘tough ethical choices’ officers must make. Effective codes of conduct ‘clarif[y] moral reasoning skills’, using case studies during trainings.289 Codes describe what behaviour is illegal or unethical, and dictate what types of conflict of interest should be avoided or reported.290

In addition to specific rules and standards of behaviour, effective mechanisms for reporting, investigating and sanctioning violations of the codes of conduct are crucial.291 Confidential reporting mechanisms promote a ‘wider framework of integrity for public officials’.292 Whistleblower protection is particularly important to provide staff with confidence that disclosure of trafficking in persons or suspected trafficking in persons will not result in workplace retaliation or worse.293 An intelligence report in Malaysia noted that many witnesses and intelligence officers do not testify against human traffickers out of fear.294

Institutionalised reporting mechanisms encourage officials to report concerns about the conduct of other officials. These channels also permit reporting of any pressure or undue influence applied. Officials who might be tempted to engage in corrupt activities may be deterred by a strong internal monitoring and enforcement mechanism.

In addition to internal reporting, public-facing complaint mechanisms can deter corruption. Public reporting portals allow citizens to alert internal affairs investigators to corrupt acts. The public systems must also include anti-retaliation protections. In areas where corruption is tied to organised crime, strengthening witness protection programmes can also encourage reporting. Finally, the

285 See note 220, Transparency International (2010), at 4–5. 286 See note 224, UNODC (2013), at 25. 287 See note 47, OECD Background Paper, at 28, point 68 (citing UNODC, The Role of Corruption in Trafficking in Persons (2001)). 288 See note 233, Center for the Study of Democracy (2012), at 88. 289 Bryane Michael and Nigel Moore, ‘What Do We Know About Corruption (and Anticorruption) In Customs?’ (2010) 4(1) World Customs J 55, 57 available at http://worldcustomsjournal.org/Archives/Volume%204,%20Number%201%20(Mar%202010)/08%20Michael-Moore.pdf. 290 See note 233, Center for the Study of Democracy (2012), at 91. 291 See note 47, OECD Background Paper, at 27, point 67. 292 Ibid at 28, point 70. Such mechanisms include asset disclosure regimes, conflict of interest legislation, and whistleblower protections. Ibid. 293 Ibid at 28, point 71; see also note 228, UNODC (2013), at 26. 294 See note 133, ‘80pct of Border Officers in Malaysia Corrupt’.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 47 creation of whistleblower rewards to incentive the denunciation of corruption related to organised crime can also be effective.295

6.9 Engage stakeholders

In the area of anti-corruption reform, it is important to build ‘cross-sectoral coalitions of support to create a critical mass of public officials, civil society groups, and private firms’.296 Political leadership and commitment, especially at the highest levels, is necessary to ensure sustained reforms.297 But states may suffer from a lack of political will or lack the capacity to implement reforms.298

In Thailand, for example, the July 2015 indictment of 15 public officials, including military and police officials, was initially hailed as an encouraging development. The case was considered one of the most significant trafficking operations ever exposed. However, the lead investigator of the anti- trafficking taskforce fled the country after receiving threats to his life.299 The future of the criminal prosecution is unclear. High-level political support is required to protect those who seek to dismantle corrupt human trafficking operations.

Public attention and engagement can help demand accountability. External actors, including civil society, NGOs, international organisations and the business sector, play an important role in fostering political will among States to advance anti-corruption reforms.

State–state

Cross-border cooperation between states on trafficking and anti-corruption can also thwart criminal activity. States can collaborate to develop and implement countermeasures targeting ‘at-risk’ points of regional or transnational trafficking in persons. Particular areas for cooperation include border security procedures and mechanisms, issuance of travel documents and distribution of migration and work permits. Mutual legal assistance plays a key role. These cooperative partnerships should facilitate international identification, sequestration and seizure of assets accrued by traffickers. Extradition procedures should also be in place to facilitate prosecutions.

The public

Public education campaigns are critical to restoring public confidence in public institutions. Some communities may differentiate various kinds of corruption, viewing small payoffs as acceptable. Education campaigns can build a broader public consensus that ‘corruption’ should not be tolerated.

To increase accountability, states should ‘build civic response and community awareness’ on the corruption-trafficking link.300 Public education campaigns serve to restore the legitimacy of public

295 See note 289, Michael et al (2010), at 62. 296 Derick W Brinkerhoff, ‘Unpacking the Concept of Political Will to Confront Corruption’, U4 Brief 1 (May 2010) (citing M Johnston and S Kpundeh, ‘Building a Clean Machine: Anti-Corruption Coalitions and Sustainable Reform’, World Bank Institute Working Paper (World Bank Institute, 2002)). 297 Roberto Martínez B Kukutschka, Building Political Will to Fight Corruption, Transparency International Anti-Corruption HelpDesk (Transparency International, 2014) 1 available at www.transparency.org/files/content/corruptionqas/Topic_Guide-_Political_Will.pdf. 298 Political will as, ‘the commitment of actors to undertake actions to achieve a set of objectives… and to sustain the costs of those actions over time’ (see note 296, Brinkerhoff (2010), at 1). 299 See notes 170–171 and accompanying text. 300 See note 47, OECD Background Paper, at 30, point 78.

48 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 institutions, promote knowledge of anti-corruption and anti-trafficking laws, and encourage the public to report corruption and trafficking crimes.301 States can ‘involve and train media and facilitate investigative journalism on TIP [trafficking in persons] and corruption’.302 The media can ‘highlight arrests and prosecutions’ and publish success stories.303

Public awareness campaigns not only foster citizen accountability, they can educate citizens on the personal risks of human trafficking. This is especially important for states that are countries of origin for trafficking. States can educate their citizens by: (1) alerting communities that early signs of corruption in a legitimate migration journey should be considered as warning indicators that trafficking may be taking place; and (2) giving citizens access to free, confidential counselling about corruption and trafficking before and after they have migrated. Campaigns can make them aware of their rights. Moreover, these campaigns can arm migrants with tools to find assistance if they are held as victims of trafficking.’304

NGO community

NGOs involved in trafficking investigations should be encouraged to focus on corruption, as well. Local NGOs often play a reporting role and often collect information on human trafficking-related corruption. Countries should have a system of confidential referral for these cases. With due regard for the safety of NGOs (where local corruption is a threat to NGO staff members and their families), NGOs should be encouraged to build relationships with internal affairs/anti-corruption enforcement bodies. Only then can authorities learn of trafficking in persons cases with indicators of corruption. Similarly, anti-corruption organisations should be trained to identify corruption cases with indicators of trafficking.305 Relevant actors should share information and resources. Task forces or joint operations can build relationships between NGO leaders and law enforcement. Protocols between NGOs and law enforcement bodies should be established to outline parameters for cooperation.306

Corruption information provided by victims and NGOs should be used ‘more systematically’. Governments should ensure that evidence of corruption collected from trafficking victims is passed on to the anti-corruption and anti-trafficking units in government.307

The business sector

When implementing strategies that address trafficking in persons-related corruption, countries are advised to identify and pay particular attention to vulnerable industries. Steps should be undertaken to prevent or combat the exploitation of people in labour sectors known to be sites of forced labour and trafficking of workers. These sectors include agribusiness, the seafood industry, hospitality, textile

301 See note 220, Transparency International (2010), at 6 (describing Hong Kong’s public education campaign to reduce corruption). 302 See note 47, OECD Background Paper, at 29, point 76. 303 Ibid. 304 Ibid at 30, point 78 (citing UNODC, The Role of Corruption in Trafficking in Persons, 31-32 (2001) 305 According to UNODC, ‘there is a lack of referral relevant authorities of (a) cases of trafficking in persons where there are indicators for corruption and (b) referral of corruption cases where there are indicators of trafficking in persons. Therefore, cooperation is essential. This can be accomplished by the establishment of task forces or joint operations. It is also crucial to establish protocols between NGOs and law enforcement bodies to coordinate their activities so that both sides understand and acknowledge the efforts and responsibilities of the other.’ Ibid at 27, Point 63. 306 Ibid. 307 Ibid, OECD Background Paper, at 30, point 80.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 49 manufacturing, construction, domestic work and janitorial/housekeeping services. Government officials, nongovernmental actors and representatives from the private sector should all be involved in the identification of at-risk sectors.

The use of extraterritorial regimes, like the US’ Foreign Corrupt Practices Act (FCPA) or the UK’s Bribery Act (UKBA), would impose accountability on companies that directly or indirectly benefit from the nexus between public corruption and trafficking. Employers that rely on forced labour derive a quantifiable improper benefit as a result of corrupt payments made by their employees or agents. These gains are often realised in the form of labour cost savings. It is crucial to hold companies accountable to anti-bribery and anti-corruption (ABAC) due diligence on the supply side of business as well. In particular, as it applies to the employment of foreign migrant workers.

Many of these employers are either subject to the FCPA or required by their customers or clients to comply with the FCPA. However, few, if any, connect their ABAC compliance efforts to the employment of foreign workers in their operations – even though it is highly regulated in almost every jurisdiction. Successful prevention of trafficking requires all of these groups to be fully invested in monitoring. Applying company ABAC policies and practices to supply chain participants would go a long way to addressing forced labour and trafficking.

6.10 Improve data collection and research on the nexus between human trafficking and corruption

The Trafficking Protocol directs States Parties to ‘endeavor to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.’308 Prosecution can only deal with the aftermath of trafficking and corruption. At the most fundamental level, these crimes must be prevented. And for that, policy-makers need solid research and data. A better understanding of the intersection of corruption and trafficking can aid states in developing prevention strategies and create an evidence base for directed interventions. Monitoring prosecutions for trafficking-related corruption can inform law enforcement officials of the unique methods used by traffickers in a particular country. This, in turn, provides guidance on how to effectively close corrupt loopholes along traffickers’ routes:

• increase the collection of data on trafficking-related corruption, including cases;

• create a comprehensive database for the collection of corruption and human trafficking data; and

• disseminate this information to anti-corruption and anti-trafficking units in governments.

There is remarkably little global data on the links between trafficking and corruption. Obtaining better data is necessary for more effective prevention, detection and disruption of corruption in the human trafficking chain. States need to collect and analyse data and information on investigations or prosecutions of public officials relating to trafficking and corruption. Such data ‘needs to be collected and aggregated at the regional level’.309

308 Art 9(2). 309 See note 47, OECD Background Paper, at 30, point 79.

50 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016 Both states and international organisations should ensure that, in addition to identifying human trafficking data, their surveys and risk assessments also flag for corruption. For example, UNODC now includes questions specific to corruption in their surveys, an addition spurred by the dearth of data on trafficking and corruption.310 The US Government and others involved in monitoring state responses to trafficking should take a more systematic approach to identifying trafficking-related corruption and assessing responses.

Once collected, this data should be preserved in a database of public corruption involving human trafficking crimes. The UNODC maintains a general case law database of organised crime prosecutions311 and a separate database specific to human trafficking case law.312 However, these databases contain only case law and rely on the existence of actual prosecutions.

As we have seen, there are few trafficking prosecutions and even fewer prosecutions of corrupt officials. A more comprehensive database of corruption and trafficking would allow researchers and policymakers to identify trends and begin to address this dearth of corrupt official prosecutions. It is hoped that this report can provide the initial collection of cases.

310 Jessie Bruner, Inaccurate Number, Inadequate Policies: Enhancing Data to Evaluate the Prevalence of Human Trafficking in ASEAN, East-West Center (2015) 32. 311 UNODC’s SHERLOC Portal is an initiative to facilitate the dissemination of information regarding the implementation of the UNCTOC and its three protocols available at www.unodc.org/cld/index-sherloc.jspx. 312 UNODC’s Human Trafficking Case Law Database is described as ‘a comprehensive case law database that allows you to see how Member States are tackling organized crime cases in their courts,’ and is available at www.unodc.org/cld/index.jspx#keyword.

Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force against Human Trafficking SEPTEMBER 2016 51 Key recommendations

 Conduct systematic risk assessments to identify at-risk sectors for corruption and trafficking.

 Develop risk mitigation strategies and action plans to combat corruption and trafficking, using integrated, multidisciplinary approaches.

 Reform human resource management systems to discourage corrupt practices and promote ethical organisational cultures, promote integrity and strengthen accountability.

 Raise awareness of the indicators of human trafficking and corruption through training and professional development.

 Foster a culture of integrity through codes of conduct based on high standards of professionalism and ethics.

 Implement confidential eportingr mechanisms with strong whistleblower protections.

 Create public reporting portals with anti-retaliation protections that allow citizens to alert internal affairs investigators to public corruption.

 Establish ties between human trafficking units, anti-corruption units and internal investigation teams to improve detection and investigation efforts.

 Broaden the mandates of existing anti-corruption agencies to include a focus on trafficking- related corruption.

 Punish corrupt officials to foster a ‘high risk–low profit’ environment.

 Integrate anti-corruption and human trafficking legislation.

 Ensure that any trafficking-related anti-corruption reforms are part of a broader anti-corruption framework.

 Align domestic counter-trafficking and anti-corruption legislation with international standards.

 States should build cooperative partnerships to develop and implement countermeasures, especially in the areas of border security, migration, mutual legal assistance and extradition.

 States should launch public awareness campaigns to educate citizens on the risks of trafficking and foster citizen accountability.

 Non-governmental organisations working on anti-trafficking should build relationships with internal affairs units and anti-corruption enforcement bodies.

 Countries are advised to identify and pay particular attention to at-risk industries and sectors.

 States and international organisations must increase the collection of data on trafficking-related corruption, including cases.

 Expand current repositories of corruption and human trafficking data beyond the collection of case law and prosecutions.

52 Human Trafficking and Public Corruption – A report by the IBA’s Presidential Task Force Against Human Trafficking SEPTEMBER 2016