Directs the Task Force to carry out the following activities: (1) coordinate implementation of this Act; (2) measure and evaluate the progress of the United States and countries around the world in the areas of trafficking prevention, protection and assistance to trafficking victims, and prosecution and enforcement against traffickers; (3) expand interagency procedures to collect and organize data; and (4) engage in efforts to facilitate cooperation among countries of origin, transit, and destination.
(Sec. 5) Requires the President, acting through: (1) the United States Agency for International Development (AID) and the heads of other appropriate agencies, to establish and carry out initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking; and (2) the Attorney General and the Secretaries of State, Labor, and Health and Human Services (HHS), to establish and carry out programs to increase public awareness, particularly among potential victims, of the dangers of trafficking and the protections that are available for its victims.
(Sec. 6) Directs the Secretary and the Administrator of AID to: (1) establish and carry out programs and initiatives in foreign countries to assist in the safe reintegration of victims of trafficking and their children; and (2) take all appropriate steps to enhance cooperative efforts among foreign countries to assist in the appropriate reintegration of stateless victims of trafficking with respect to the establishment and conduct of programs and initiatives.
Requires the Attorney General, the Secretaries of HHS and Labor, and the Board of Directors of the Legal Services Corporation to expand existing services to provide assistance to victims of trafficking within the United States, without regard to their immigration status.
Makes victims of trafficking in the United States eligible, without regard to their immigration status, for any benefits that are otherwise available under the Crime Victims Fund.
Authorizes the Attorney General to make grants to States, U.S. territories and possessions, Indian tribes, local governments, and nonprofit, nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for trafficking victims. Requires an eligible governmental unit or organization, to receive a grant, to certify that its laws, policies, and practices do not punish or deny services to trafficking victims on account of the nature of their employment or services performed in connection with such trafficking. Sets forth provisions regarding fund allocation and the Federal share.
Authorizes individuals who are victims of Federal criminal code (the code) violations regarding trafficking and criminal exploitation of workers to bring a civil action in U.S. district court.
Directs the Attorney General and the Secretary to promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following: (1) trafficking victims, while in Federal custody, shall be housed in appropriate shelter as quickly as possible; receive prompt medical care, food, and other assistance; and 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; (2) Federal law enforcement officials should act, to ensure an alien individual's continued presence in the United States, if after an assessment it is determined that such individual is a trafficking victim or a material witness, in order to effectuate prosecution of those responsible and to further U.S. humanitarian interests; and (3) appropriate Department of State and Department of Justice personnel shall be trained in identifying victims of trafficking and in providing for their protection. Makes funding available.
(Sec. 7) Amends the Immigration and Nationality Act (INA) to establish a new non-immigrant classification for an alien (and the alien's spouse, children, and parents if accompanying or following to join the alien) who the Attorney General determines: (1) possesses material information concerning criminal or other unlawful activity; (2) is willing to supply or has supplied such information to Federal or State law enforcement officials; (3) would be helpful, were the alien to remain in the United States, to a properly authorized Federal or State investigation or prosecution of the criminal or other unlawful activity; and (4) has suffered significant physical or mental abuse as a result of the criminal or other unlawful activity.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide that: (1) the number of aliens admitted in a fiscal year under such classification may not exceed 1,000; (2) no alien may be admitted into the United States as such a non-immigrant more than five years after the date of the enactment of such provision; (3) the period of authorized admission of an alien as such a non-immigrant may not exceed three years (which can not be extended by the Attorney General); and (4) as a condition for admission and continued stay in lawful status the non-immigrant may not be convicted of a criminal offense punishable by a term of imprisonment of one year or more after the date of admission, the non-immigrant must have executed a form that waives the right to contest (other than on the basis of an application for withholding removal) any action for removal of the alien instituted before the alien obtains lawful permanent resident status, and the non-immigrant shall abide by any other condition or restriction imposed by the Attorney General.
Prohibits a change of non-immigrant classification for such aliens.
Amends the INA to authorize the Attorney General to adjust the status of such an alien to one lawfully admitted for permanent residence if, in the Attorney General's opinion, the alien's continued presence in the United States is justified on humanitarian grounds or is otherwise in the national interest, and the alien meets other specified conditions.
(Sec. 8) Allows the President to impose specified measures against any foreign country that has made little or no progress on reducing trafficking, implementing any necessary anti-trafficking laws, enforcing anti-trafficking laws, or protecting and assisting trafficking victims.
Authorizes the President to: (1) deny U.S. Government assistance, with exceptions; (2) instruct the U.S. Executive Director to specified international financial institutions to use the voice and vote of the United States to oppose any loan or financial or technical assistance to the country by such institution; (3) prohibit the transfer of defense articles, services, or design and construction services under the Arms Export Control Act to the country or any national; (4) prohibit or substantially restrict exports to the country of goods, technology and services, and suspend existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations; and (5) exercise certain authorities under the International Emergency Economic Powers Act.
Authorizes the Secretary to make a determination of those persons who are trafficking in the United States or its territories and possessions and, if such a determination is made, publish the list in the Federal Register.
Directs the President to report to Congress on measures applied under this section and the reasons for their application.
(Sec. 9) Amends the code to double the term of imprisonment for specified slavery-related offenses. Provides for enhanced penalties where death results if the violation includes kidnaping (or an attempt to kidnap), aggravated sexual abuse (or an attempt to commit such abuse), or an attempt to kill.
Prohibits, and sets penalties for: (1) specified actions with respect to the trafficking and criminal exploitation of workers, including knowingly benefitting from the labor or services of a person held to a condition of involuntary servitude or peonage; and (2) destruction, concealment, and unlawful possession of documents in furtherance of trafficking, criminal worker exploitation, involuntary servitude, or peonage.
Directs the court to order restitution for offenses under this section.
Sets forth provisions regarding proof of a condition of involuntary servitude or peonage, punishment of attempts to violate specified provisions of this Act, and forfeiture to the United States.
Directs the United States Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons.
(Sec. 10) Directs the Secretary, as part of the annual Country Reports on Human Rights Practices, to include specified information to address the status of international trafficking in persons.
(Sec. 11) Authorizes appropriations for the Interagency Task Force, and to the Secretary of HHS, the Secretary, the Attorney General, the President, and the Secretary of Labor, for FY 2001-2002 to carry out this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3154 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3154
To combat trafficking of persons in the United States and countries
around the world through prevention, prosecution and enforcement
against traffickers, and protection and assistance to victims of
trafficking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 1999
Mr. Gejdenson (for himself, Ms. Slaughter, Mr. Lantos, Mr. Berman, Mr.
Ackerman, Mr. Faleomavaega, Mr. Martinez, Mr. Payne, Mr. Menendez, Mr.
Brown of Ohio, Ms. McKinney, Mr. Hastings of Florida, Ms. Danner, Mr.
Hilliard, Mr. Sherman, Mr. Wexler, Mr. Rothman, Mr. Davis of Florida,
Mr. Pomeroy, Mr. Delahunt, Mr. Meeks of New York, Ms. Lee, Mr. Crowley,
Mr. Hoeffel, Mr. King, Mr. Houghton, Mr. Meehan, Ms. Waters, Mr.
Cooksey, Ms. Pelosi, Ms. DeLauro, Ms. Norton, Mr. Moran of Virginia,
Ms. Roybal-Allard, Mr. George Miller of California, and Ms. Kaptur)
introduced the following bill; which was referred to the Committee on
International Relations, and in addition to the Committees on the
Judiciary, and Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To combat trafficking of persons in the United States and countries
around the world through prevention, prosecution and enforcement
against traffickers, and protection and assistance to victims of
trafficking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Antitrafficking in Persons Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
Sec. 4. Interagency task force to monitor and combat trafficking.
Sec. 5. Prevention of trafficking.
Sec. 6. Protection and assistance for victims of trafficking.
Sec. 7. Humanitarian/material witness nonimmigrant visa.
Sec. 8. Sanctions against countries involved in trafficking.
Sec. 9. Strengthening prosecution and punishment of traffickers.
Sec. 10. Annual Country Reports on Human Rights Practices.
Sec. 11. Authorization of appropriations.
SEC. 2. PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this Act are to combat both
domestically and internationally the transnational offense of
trafficking in persons, a contemporary manifestation of slavery in
which women and children are predominant victims, through prevention,
prosecution and enforcement against traffickers, and protection and
assistance to victims of this egregious violation of human rights.
(b) Findings.--The Congress finds that:
(1) The worldwide trafficking of persons is a growing
transnational crime, migration, economics, labor, public
health, and human rights problem that is significant on nearly
every continent.
(2) It is estimated that more than 1,000,000 individuals,
primarily women and children, are trafficked within or across
borders annually. Approximately 50,000 women and children are
trafficked into the United States each year.
(3) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, lack of access to
education, chronic unemployment, discrimination, and lack of
viable economic opportunities in countries of origin.
Traffickers lure women and girls into their networks through
false promises of good working conditions at relatively high
pay as nannies, maids, dancers, factory workers, restaurant
workers, sales clerks, or models. Traffickers also buy girls
from poor families and sell them into many types of bonded
labor.
(4) Traffickers often facilitate victims' movement from
their home communities to unfamiliar destinations, away from
family and friends, religious institutions, and other sources
of protection and support, making the victims more vulnerable.
(5) Traffickers force victims to perform labor or services
such as prostitution and sexual servitude, domestic servitude,
bonded sweatshop labor, or other work or services. Victims are
forced to perform labor or services through physical violence,
including rape and other forms of sexual abuse, torture,
starvation, and imprisonment, and threats of violence and other
forms of psychological abuse and coercion.
(6) Women and children trafficked into the sex industry are
exposed to deadly diseases, including HIV and AIDS. Trafficking
victims are sometimes worked or physically brutalized to death.
(7) Trafficking is perpetrated increasingly by organized
and sophisticated criminal enterprises. Worldwide, the industry
is the fastest growing and 3d largest source of profits for
organized criminal enterprises, behind only drugs and firearms.
Profits from the trafficking industry contribute to the
expansion of organized criminal activity in the United States
and around the world. Trafficking often is aided by official
corruption in countries of origin, transit, and destination,
thereby threatening the rule of law.
(8) The United States and the international community are
in agreement that trafficking of persons is a grave violation
of human rights and a matter of pressing international concern.
The Universal Declaration of Human Rights; the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery; the
International Covenant on Civil and Political Rights; the
Convention on the Elimination of All Forms of Discrimination
Against Women; the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and other
relevant instruments condemn slavery and involuntary servitude,
violence and discrimination against women, and components of
the trafficking scheme.
(9) No comprehensive law exists in the United States that
penalizes the range of offenses involved in the trafficking
scheme. Existing United States laws and infrastructure are not
sufficient to deter trafficking to and from the United States
and protect domestic trafficking victims. At present,
traffickers are prosecuted in the United States for violating
laws related to components of the trafficking scheme, such as
involuntary servitude, slave trade offenses, peonage,
transportation for coerced or illegal sexual activities, and
immigration laws.
(10) The seriousness of the crime of trafficking in persons
is not reflected in current sentencing guidelines for component
crimes of the trafficking scheme, which results in weak
penalties for convicted traffickers. Adequate services and
facilities do not exist to meet the healthcare, housing,
education, and legal assistance needs for the safe
reintegration of domestic trafficking victims.
(11) Trafficking in persons substantially affects
interstate and foreign commerce and has an impact on the
nationwide employment network and labor market. Trafficking
victims may be subjected to dangerous work and living
environments, isolation and restriction of movement, and denial
of pay. The United States must take action to eradicate the
substantial burdens on commerce that result from trafficking in
persons and to prevent the channels of commerce from being used
for an immoral and injurious purpose.
(12) Traffickers may make representations to a victim that
physical harm may occur to them or to others should the victim
escape or attempt to escape. These representations may have an
equally coercive effect on the victim as specific threats of
harm. It is therefore the intent of Congress that proof of
involuntary servitude or peonage, as it is used in prosecutions
under sections 241, 1581, 1583, 1584, and 1589 of title 18,
United States Code, not be limited to labor or services
compelled by the use, or threatened use, of force or legal
coercion. Rather, violations of these sections may also be
established by proof that the labor or service of a person was
obtained or maintained through representations of harm to the
victim or to others. Violations under these sections may also
be created by the use of fraud, deceit, or misrepresentation
toward any person in an effort to wrongfully obtain or maintain
the labor or services of that person, where the person is a
minor, an immigrant, one who is mentally disabled, or one who
is otherwise particularly susceptible to coercion.
(13) Trafficking in persons is a transnational crime with
national implications. In order to end this egregious violation
of human rights, the United States must take measures to
strengthen the local and regional capacity of countries of
origin, transit and destination to prevent trafficking, enforce
antitrafficking laws, prosecute traffickers, and protect
trafficking victims. The United States must work bilaterally
and multilaterally to abolish the trafficking industry and take
steps to promote and facilitate cooperation among countries
linked together by international trafficking routes. The United
States must 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. 3. DEFINITIONS.
For the purposes of this Act (other than section 8):
(1) The term ``trafficking'' means recruiting or abducting,
facilitating, transferring, harboring or transporting a person,
by the threat or use of force, coercion, fraud or deception, or
by the purchase, sale, trade, transfer or receipt of a person,
for the purpose of subjecting that person to involuntary
servitude, peonage, slavery, slavery-like practices, or forced
or bonded labor or services.
(2) The term ``victim of trafficking'' generally means any
person subjected to the actions set forth in paragraph (1).
SEC. 4. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The President shall establish an Interagency
Task Force to Monitor and Combat Trafficking (in this section referred
to as the ``Task Force'').
(b) Appointment.--The President shall appoint the members of the
Task Force, which shall include the Secretary of State, the Director of
the Agency for International Development, the Attorney General, the
Secretary of Labor, the Secretary of Health and Human Services, the
Director of the Central Intelligence Agency, and such other officials
as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the Secretary of
State.
(d) 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 administered by a Director. The
Director shall have the primary responsibility for assisting the
Secretary of State in carrying out the purposes of this Act and may
have additional responsibilities as determined by the Secretary. The
Director shall consult with domestic, international nongovernmental and
intergovernmental 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 Office is authorized
to retain staff members from agencies represented on the Task Force.
(e) Activities of the Task Force.--In consultation with
nongovernmental organizations, the Task Force shall carry out the
following activities:
(1) Coordinate the implementation of this Act.
(2) Measure and evaluate progress of the United States and
countries around the world 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.
(3) Expand interagency procedures to collect and organize
data, including significant research and resource information
on domestic and international trafficking in persons. 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.
SEC. 5. PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter Trafficking.--The
President, acting through the Administrator of the United States Agency
for International Development and the heads of other appropriate
agencies, shall establish and carry out 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;
(4) development of educational curricula regarding the
dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate
the empowerment of women in local and regional, political,
economic, social, and educational roles 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 subsection (a).
SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development, in consultation with appropriate nongovernmental
organizations, shall establish and carry out programs and
initiatives in foreign countries to assist in the safe
reintegration of victims of trafficking and their children.
Such programs and initiatives shall be designed to meet the
mental and physical health, housing, legal, and other
assistance needs of such victims and their children, as
identified by the Inter-Agency Task Force to Monitor and Combat
Trafficking established under section 4.
(2) Additional requirement.--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, and to assist in
the appropriate reintegration of stateless victims of
trafficking with respect to the establishment and conduct of
programs and initiatives described in paragraph (1).
(b) Victims in the United States.--
(1) Assistance.--Subject to the availability of
appropriations and notwithstanding title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
the Attorney General, the Secretary of Health and Human
Services, the Secretary of Labor, and the Board of Directors of
the Legal Services Corporation shall expand existing services
to provide assistance to victims of trafficking within the
United States, without regard to the immigration status of such
victims.
(2) Benefits.--Subject to the availability of
appropriations and notwithstanding any other provision of law,
victims of trafficking in the United States shall be eligible,
without regard to their immigration status, for any benefits
that are otherwise available under the Crime Victims Fund,
established under the Victims of Crime Act of 1984, including
victims' services, compensation, and assistance.
(3) Grants.--
(A) Subject to the availability of appropriations,
the Attorney General may make grants to States,
territories, and possessions of the United States
(including the Commonwealths of Puerto Rico and the
Northern Mariana Islands), 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) To receive a grant under this paragraph, an
eligible unit of government or organization shall
certify that its laws, policies, and practices, as
appropriate, do not punish or deny services to victims
of trafficking on account of the nature of their
employment or services performed in connection with
such trafficking.
(C) Of amounts made available for grants under this
paragraph, there shall be set aside 3 percent for
research, evaluation and statistics; 2 percent for
training and technical assistance; and 1 percent for
management and administration.
(D) 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.
(4) Civil action.--An individual who is a victim of a
violation of section 1589 of title 18, United States Code,
regarding trafficking and criminal exploitation of workers may
bring a civil action in United States district court. The court
may award actual damages, punitive damages, reasonable
attorneys' fees, and other litigation costs reasonably
incurred.
(c) Trafficking Victim Regulations.--Not later than 180 days after
the date of enactment of this Act, the Attorney General and the
Secretary of State shall promulgate regulations for law enforcement
personnel, immigration officials, and Department of State officials to
implement the following:
(1) Trafficking victims, while in the custody or control of
the Federal Government and to the extent practicable, shall be
housed in appropriate shelter as quickly as possible; receive
prompt medical care, food, and other assistance; and 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.
(2) Federal law enforcement officials should act, to ensure
an alien individual's continued presence in the United States,
if after an assessment, it is determined that such individual
is a victim of trafficking or a material witness, in order to
effectuate prosecution of those responsible and to further the
humanitarian interests of the United States.
(3) Appropriate personnel of the Department of State and
the Department of Justice are trained in identifying victims of
trafficking and providing for the protection of such victims.
Training under this paragraph should include methods for
achieving antitrafficking objectives through the
nondiscriminatory application of immigration and other related
laws.
(d) Construction.--Nothing in subsection (c) shall be construed as
creating any private cause of action against the United States or its
offices or employees.
(e) Funding.--Funds from asset forfeiture under section 1592 of
title 18, United States Code, are authorized to be available in equal
amounts for the purposes of subsections (a) and (b) and shall remain
available for obligation until expended.
SEC. 7. HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT VISA.
(a) Establishment of a New Nonimmigrant Classification.--Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (R), by striking ``or'' at the end;
(2) in subparagraph (S), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (S) the following:
``(T) subject to 214(n), an alien (and the alien spouse,
children, and parents of the alien if accompanying or following
to join the alien) who the Attorney General determines--
``(i) possesses material information concerning
criminal or other unlawful activity;
``(ii) is willing to supply or has supplied such
information to Federal or State law enforcement
officials;
``(iii) would be helpful, were the alien to remain
in the United States, to a properly authorized Federal
or State investigation or prosecution of the criminal
or other unlawful activity; and
``(iv) has suffered significant physical or mental
abuse as a result of the criminal or other unlawful
activity.''.
(b) Numerical Limitations; Period of Admissions.--Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(1) 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
(2) by adding at the end the following:
``(n)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(T) in any fiscal year may not
exceed 1,000.
``(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
``(3) The period of authorized admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may not be extended by
the Attorney General.
``(4) As a condition for admission, and continued stay in lawful
status of such a nonimmigrant, the nonimmigrant--
``(A) may not be convicted of any criminal offense
punishable by a term of imprisonment of 1 year or more after
the date of such admission;
``(B) must have executed a form that waives the
nonimmigrant's right to contest, other than on the basis of an
application for withholding of removal, any action for removal
of the alien instituted before the alien obtains lawful
permanent resident status; and
``(C) shall abide by any other condition, limitation, or
restriction imposed by the Attorney General.''.
(c) Prohibition of Change of Status.--Section 248(1) of the
Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by
striking ``or (S)'' and inserting ``(S), or (T)''.
(d) Adjustment to Permanent Resident Status.--Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at
the end the following:
``(l)(1) The Attorney General may adjust the status of an alien
admitted into the United States under section 101(a)(15)(T) (and the
spouse, children, and parents of the alien if admitted under that
section) to that of an alien lawfully admitted for permanent residence
if--
``(A) in the opinion of the Attorney General, the alien's
continued presence in the United States is justified on
humanitarian grounds or is otherwise in the national interest;
and
``(B) the alien is not described in subparagraph (A)(i)(I),
(A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
``(2) 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 and the Secretary
of State shall reduce by one the number of visas authorized to be
issued under sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(e) Exclusive Means of Adjustment.--Section 245(c)(5) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)(5)) is amended by
striking ``section 101(a)(15)(S),'' and inserting ``subparagraph (S) or
(T) of section 105(a)(15);''.
SEC. 8. SANCTIONS AGAINST COUNTRIES INVOLVED IN TRAFFICKING.
(a) Authority To Impose Sanctions.--The President may impose any of
the measures described in subsection (b) against any foreign country
that has made little or no progress on reducing trafficking,
implementing any necessary antitrafficking laws, enforcing
antitrafficking laws (including the prosecution of traffickers), or
protecting and assisting victims of trafficking.
(b) Sanctions That May Be Imposed.--The measures described in this
subsection are the following:
(1) Foreign assistance.--
(A) In general.--Subject to subparagraph (B), the
President may deny to the country assistance of any
kind which is provided by grant, sale, loan, lease,
credit, guaranty, or insurance, or by any other means,
by any agency or instrumentality of the United States
Government.
(B) Exception.--Subparagraph (A) shall not apply to
assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), or any successor provision of
law, or the Arms Export Control Act (22 U.S.C. 2751 et
seq.) that is intended to benefit the people of that
country directly and that is not channeled through
governmental agencies or entities of that country.
(2) Multilateral development bank assistance.--
(A) In general.--The President may instruct the
United States Executive Director to each international
financial institution described in subparagraph (B) to
use the voice and vote of the United States to oppose
any loan or financial or technical assistance to the
country by such international financial institution.
(B) International financial institutions
described.--The international financial institutions
described in this subparagraph are the International
Bank for Reconstruction and Development, the
International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the African Development Bank, the
European Bank for Reconstruction and Development, and
the International Monetary Fund.
(3) Prohibition of arms sales.--The President may prohibit
the transfer of defense articles, defense services, or design
and construction services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), including defense articles and defense
services licensed or approved for export under section 38 of
that Act (22 U.S.C. 2778), to the country or any national of
the country.
(4) Export restrictions.--The President may prohibit or
otherwise substantially restrict exports to the country of
goods, technology, and services (excluding agricultural
commodities and products otherwise subject to control) and may
suspend existing licenses for the transfer to that person of
items the export of which is controlled under the Export
Administration Act of 1979 or the Export Administration
Regulations.
(5) Additional measures under ieepa.--
(A) Authority.--
(i) In general.--The President may exercise
IEEPA authorities (other than authorities
relating to importation) without regard to
section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) in the
case of any foreign country that has made
little or no progress on reducing trafficking,
implementing any necessary antitrafficking laws
(including the prosecution of traffickers), or
in the case of a person that is on the list
published under subparagraph (B).
(ii) 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 clause (i).
(iii) IEEPA authorities.--For purposes of
clause (i), the term ``IEEPA authorities''
means the authorities set forth in section
203(a) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)).
(B) Sanctions against persons.--
(i) Initial determination and
publication.--The Secretary of State may make a
determination of those persons who are
trafficking directly or indirectly in the
United States or any of its territories and
possessions and shall, if such a determination
is made, publish the list of such persons in
the Federal Register.
(ii) Revisions to list.--The Secretary of
State shall make additions or deletions to any
list published under clause (i) on an ongoing
basis based on the latest information
available.
(iii) Consultation.--The Secretary of State
shall consult with the following officers in
carrying out clauses (i) and (ii):
(I) The Attorney General.
(II) The Director of Central
Intelligence.
(III) The Director of the Federal
Bureau of Investigation.
(IV) The Secretary of Labor.
(V) The Secretary of Health and
Human Services.
(c) Report to Congress.--Upon exercising the authority of
subsection (a), the President shall report to the Congress on the
measures applied and the reasons for the application of the measures.
SEC. 9. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(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''
(B) by adding at the end the following: ``If, in
addition to the foregoing elements, death results from
a violation of this section, or if such violation
includes kidnaping 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.'';
(3) by inserting at the end the following:
``Sec. 1589. Trafficking and criminal exploitation of workers
``(a) Whoever--
``(1) recruits, harbors, provides, transports, employs,
purchases, sells, or secures, by any means, any person, knowing
or having reason to know that person is or will be subjected to
involuntary servitude or peonage or to unlawfully exploitative
labor conditions as described in subsection (b) of this
section, shall be fined under this title or imprisoned not more
than 20 years, or both; and if, in addition to the foregoing
elements, death results from an act committed in violation of
this section, or if such act includes kidnaping or an attempt
to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title or imprisoned for any term of years or life,
or both; or
``(2) in any way, financially or otherwise, knowingly
benefits from, or makes use of, the labor or services of a
person held to a condition of involuntary servitude or peonage,
shall be fined under this title or imprisoned not more than 10
years, or both.
``(b) As used in this section, the term `unlawfully exploitative
labor conditions' means that the labor or services of a person are
obtained or maintained through any scheme or artifice to defraud, or by
means of any plan or pattern, including but not limited to false and
fraudulent pretenses and misrepresentations, such that the person
reasonably believes that he has no viable alternative but to perform
the labor or services.
``(c) This section does not apply to labor performed as a
punishment for a crime whereof the party shall have been duly
convicted.
``Sec. 1590. unlawful possession of documents in furtherance of
trafficking, criminal worker exploitation, involuntary
servitude, or peonage
``(a) Whoever destroys, conceals, removes, confiscates, or
possesses any identification, passport, or other immigration documents,
or any other documentation of another person--
``(1) in the course of, or under circumstances which
facilitate--
``(A) a violation of section 1581, 1583, 1584, or
1589 or a conspiracy or attempt to commit such a
violation;
``(B) the unlawful entry or attempted unlawful
entry of the person into the United States;
``(2) to prevent or restrict, without lawful authority, the
person's liberty to move or travel in interstate or foreign
commerce; or
``(3) to conceal or impair the investigation or prosecution
of a violation of Federal criminal law, shall be fined under
this title or imprisoned for not more than 5 years, or both.
``Sec. 1591. Mandatory restitution
``(a) Notwithstanding sections 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,
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.
``Sec. 1592. General provisions
``(a) In a prosecution under sections 1581, 1583, 1584, or 1589, a
condition of involuntary servitude or peonage may be established by
proof that the defendant obtained or maintained the labor or service of
any person--
``(1) by the use, or threatened use, of force, violence,
physical restraint, or physical injury, or by the use or
threatened use of coercion through law or the legal process;
``(2) through representations made to any person that
physical harm may occur to that person, or to another, in an
effort to wrongfully obtain or maintain the labor or services
of that person; or
``(3) by the use of fraud, deceit, or misrepresentation
toward any person in an effort to wrongfully obtain or maintain
the labor or services of that person, where the person is a
minor, an immigrant, one who is mentally disabled, or one who
is otherwise particularly susceptible to coercion.
``(b) An attempt to violate sections 1581, 1583, 1584, or 1589
shall be punishable in the same manner as a completed violation of each
of these sections, respectively.
``(c)(1) 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 forfeit to the United States--
``(A) 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
``(B) any property, real or personal, constituting or
derived from, any proceeds that such person obtained, directly
or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any administrative or judicial
proceeding in relation thereto, shall be governed by the provisions of
section 413 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853), except subsection (d) of that section.
``(d)(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; and
``(B) any 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.''; and
(4) by amending the table of sections at the beginning of
chapter 77 by adding at the end the following new items:
`` 1589. Trafficking and criminal exploitation of workers.
`` 1590. Unlawful possession of documents in furtherance of
trafficking, criminal worker exploitation,
involuntary servitude, or peonage.
`` 1591. Mandatory restitution.
`` 1592. 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, coercive worker exploitation, and possession,
transfer or sale of false immigration documents to further
exploitation of workers, and the Fair Labor Standards Act and
the Migrant and Seasonal Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing
Commission shall--
(A) 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 worker exploitation 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.
(2) 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.
SEC. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of Democracy, Human Rights and Labor, shall, as
part of the annual Country Reports on Human Rights Practices, include
information to address the status of international trafficking in
persons, including--
(1) a description of the nature and extent of trafficking
in persons in each country;
(2) a description and assessment of the efforts of
countries to combat trafficking through prevention,
prosecution, and enforcement against traffickers, and to
protect and assist trafficking victims; and
(3) the role of official corruption in facilitating
trafficking of persons in each country.
(b) Additional Requirement.--Information described in subsection
(a) shall be included in the annual Country Reports on Human Rights
Practices separately on a country-by-country basis.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for the Interagency Task
Force.--To carry out the purposes of section 4, there are authorized to
be appropriated to the Secretary of State $3,000,000 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 6(b) there are
authorized to be appropriated to the Secretary of Health and Human
Services $10,000,000 for fiscal year 2001 and $10,000,000 for fiscal
year 2002.
(c) Authorization of Appropriations to the Secretary of State.--To
carry out the purposes of section 6(a) there are authorized to be
appropriated to the Secretary of State $10,000,000 for fiscal year 2001
and $10,000,000 for fiscal year 2002.
(d) Authorization of Appropriations to Attorney General.--To carry
out the purposes of section 6(b) there are authorized to be
appropriated to the Attorney General $10,000,000 for fiscal year 2001
and $10,000,000 for fiscal year 2002.
(e) Authorization of Appropriations to President.--To carry out the
purposes of Section 5 there are authorized to be appropriated to the
President $10,000,000 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 6(b) there are authorized to be
appropriated to the Secretary of Labor $10,000,000 for fiscal year 2001
and $10,000,000 for fiscal year 2002.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2203)
Referred to the Committee on International Relations, and in addition to the Committees on the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on the Judiciary, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Domestic and International Monetary Policy.
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Referred to the Subcommittee on Immigration and Claims.
Referred to the Subcommittee on International Operations and Human Rights.