(Sec. 5) Requires the President to establish an Interagency Task Force to Monitor and Combat Trafficking, which shall: (1) measure and evaluate the progress of the United States and other countries in trafficking prevention, protection, and assistance to victims of trafficking, and prosecution and enforcement against traffickers; (2) expand interagency procedures to collect and organize data; (3) engage in efforts to facilitate cooperation among countries of origin, transit, and destination; (4) 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; and (5) engage in advocacy, with governmental and nongovernmental organizations, among other entities, to advance the purposes of this Act.
Authorizes the Secretary of State to establish within the Department of State an Office to Monitor and Combat Trafficking to assist the Task Force.
(Sec. 6) Directs the President, acting through the Administrator of the United States Agency for International Development (AID) and the heads of other appropriate agencies, to carry out initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking, including: (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 children, women, and men 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.
Directs the President, acting through the Secretary of Labor, the Secretary of Health and Human Services (HHS), the Attorney General, and the Secretary of State, to carry out programs to increase public awareness, particularly among potential victims, of the dangers of trafficking and the protections available for such victims.
(Sec. 7) Directs the Secretary of State and the AID Administrator to establish programs and initiatives in foreign countries to: (1) meet the mental and physical health, housing, legal, and other assistance needs of victims of trafficking and their children; (2) assist in their safe integration, reintegration, or resettlement, including, if appropriate, their spouses and parents; and (3) take steps to enhance cooperative efforts among foreign countries, including countries of origin of trafficking victims, to assist in their integration, reintegration, or resettlement.
Requires the Attorney General, the HHS Secretary, the Secretary of Labor, and the Board of Directors of the Legal Services Corporation to expand existing services to provide assistance to victims of severe forms of trafficking in persons within the United States, without regard to their immigration status.
Defines severe forms of trafficking as: (1) sex trafficking in which either a commercial sex act or any act or event contributing to such an act is effected or induced by fraud, force, coercion, or deception, or in which the person induced to perform such act is under age 18; or (2) the recruitment, harboring, provision, transportation, employment, transfer, receipt, purchase, sale, or securing, by any means, of a person, through the use of force, coercion, fraud, or deception, for the purpose of subjection to involuntary servitude, peonage, or slavery or slavery-like practices.
Makes victims of severe forms of trafficking in the United States eligible, without regard to immigration status, for any benefits otherwise available under the Crime Victims Fund, including victim services, compensation, and assistance.
Authorizes the Attorney General to make grants to States, territories and possessions of the United States, Indian tribes, local governments, and nonprofit, nongovernmental victim service organizations to develop, expand, or strengthen victim service programs for victims of trafficking.
Authorizes a victim of a violation of the anti-trafficking criminal prohibitions of this Act to bring a civil action in U.S. district court.
Requires the Attorney General and the Secretary of State to promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement specified requirements for: (1) physical protection, housing, medical care, food, and other assistance to victims of severe forms of trafficking while in U.S. custody; (2) immunity of such victims from penalties for unlawful acts owing to having been trafficked, including use of false documents, entry into the country without documentation, or working without documentation; (3) access to legal assistance, information about their rights, and translation services; (4) continued presence in the United States for the prosecution of those responsible for trafficking, with measures for witness protection; and (5) training of State Department and Department of Justice personnel in identifying such victims and providing them protection.
Urges that funds from asset forfeitures be first disbursed to satisfy any judgments awarded victims of trafficking.
Amends the Immigration and Nationality Act to establish a new "T" nonimmigrant visa for victims of trafficking (and specified family members), subject to certain requirements. Directs the Attorney General to: (1) refer such aliens to nongovernmental organizations to educate them about their options and resources while in the United States; and (2) grant them authorization to engage in employment in the United States. Authorizes the Attorney General to adjust to permanent residence the status of any such aliens who meet specified criteria.
(Sec. 8) Sets forth minimum standards for the elimination of trafficking for a country of origin, transit, or destination for a significant number of victims.
(Sec. 9) Authorizes the Secretary of State and AID to provide assistance to foreign countries directly, or through nongovernmental, intergovernmental and multilateral organizations, for programs and activities designed to meet such minimum international standards for the elimination of trafficking.
(Sec. 10) Declares that it is U.S. policy not to provide nonhumanitarian non-trade foreign assistance to countries which do not meet such minimum standards.
Requires the Secretary of State to report annually to the appropriate congressional committees a list of those countries, if any, which do not meet such minimum standards. Prescribes a congressional procedure for denying them nonhumanitarian non-trade foreign assistance.
(Sec. 11) Authorizes the President to exercise certain authorities under the International Emergency Economic Powers Act (IEEPA) in the case of any foreign person listed publicly by the Secretary of State as: (1) playing a significant role in a severe form of trafficking in persons, directly or indirectly in the United States or any of its territories or possessions; (2) materially assisting in or otherwise supporting activities of a significant foreign trafficker; or (3) owning, controlling, directing, or acting for or on behalf of, a significant foreign trafficker.
Amends the Immigration and Nationality Act to exclude from admission into the United States of persons who have been listed, or are known by the Attorney General or a consular official, as having benefitted from illicit activities of traffickers in persons.
(Sec. 12) Amends the Federal criminal code to prescribe penalties for: (1) trafficking into involuntary servitude, peonage, or slavery-like conditions; (2) sex trafficking of children or by force, fraud, or coercion; and (3) unlawful possession of documents in furtherance of trafficking, involuntary servitude, peonage, or slavery-like conditions.
Includes among such penalties mandatory restitution of victim losses.
Directs the U.S. 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, 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.
(Sec. 13) Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2449 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2449
To combat trafficking of persons, especially into the sex trade,
slavery, and slavery-like conditions, in the United States and
countries around the world through prevention, prosecution, and
enforcement against traffickers, and through protection and assistance
to victims of trafficking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2000
Mr. Brownback introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To combat trafficking of persons, especially into the sex trade,
slavery, and slavery-like conditions, in the United States and
countries around the world through prevention, prosecution, and
enforcement against traffickers, and through 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 ``International
Trafficking Act of 2000''.
(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. Annual Country Reports on Human Rights Practices.
Sec. 5. Interagency task force to monitor and combat trafficking.
Sec. 6. Prevention of trafficking.
Sec. 7. Protection and assistance for victims of trafficking.
Sec. 8. Minimum standards for the elimination of trafficking.
Sec. 9. Assistance to foreign countries to meet minimum standards.
Sec. 10. Actions against governments failing to meet minimum standards.
Sec. 11. Actions against traffickers in persons.
Sec. 12. Strengthening prosecution and punishment of traffickers.
Sec. 13. Authorization of appropriations.
SEC. 2. PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this Act 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 we begin the 21st century, the degrading institution
of slavery continues throughout the world. Sex trafficking is a
modern day form of slavery and it is the largest manifestation
of slavery today. Millions of people every year, 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 minimal labor,
public health, and human rights standards worldwide.
(4) 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 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 different
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,
starvation, imprisonment, threats, psychological abuse, and
coercion.
(7) Traffickers often make representations to their victims
that physical harm may occur to them or others should they
escape or attempt to escape. Such threats can have the same
coercive effects on victims as actual infliction of 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 often is 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 risk.
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.
(12) Trafficking in persons involving slavery-like labor
practices substantially affects interstate and foreign
commerce. 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 immoral and injurious purposes.
(13) Trafficking of persons is an evil requiring concerted
and vigorous action by countries of origin, transit or
destination, and by international organizations.
(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 into the sex industry are often
punished under laws that also apply to lesser offenses such as
consensual sexual activity and illegal immigration, so that
traffickers typically escape deserved punishment.
(15) In the United States, the seriousness of this crime
and its components are not reflected in current sentencing
guidelines, resulting in weak penalties for convicted
traffickers. Additionally adequate services and facilities do
not exist to meet the needs of health care, housing, education,
and legal assistance, which safely reintegrate domestic
trafficking victims.
(16) In some countries, enforcement against traffickers is
also hindered by official indifference, by corruption, and
sometimes even by official participation in trafficking.
(17) Existing laws often fail to distinguish between
victims of trafficking and traffickers, and often because
victims are illegal immigrants in the destination country, they
are repeatedly punished more harshly than the traffickers
themselves.
(18) Victims of trafficking often find it difficult or
impossible to report the crimes committed against them or to
assist in the investigation and prosecution of such crimes.
This is because they are frequently unfamiliar with the laws,
culture, and language of the countries into which they are
trafficked. Also, they are often subjected to coercion,
intimidation, physical detention, debt bondage, and fear of
forcible removal to countries where they face hardship.
(19) 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, United
Nations resolutions and reports, including the Universal
Declaration of Human Rights; the 1956 Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery; the 1957 Abolition of Forced
Labor Convention; 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; 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.
(20) 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. 3. DEFINITIONS.
In this Act:
(1) Act of a severe form of trafficking in persons.--The
term ``act of a severe form of trafficking in persons'' means
any act at any point in the process of a severe form of
trafficking in persons, including--
(A) any act of recruitment, harboring, transport,
provision, employment, securing, transfer, purchase,
sale or receipt of a victim of such trafficking; or
(B) any act of--
(i) operation, management, or ownership of
an enterprise in which a victim of such
trafficking engages in a commercial sex act, is
subjected to slavery or a slavery-like
practice, or is expected or induced to engage
in such acts or is subjected to such condition
or practice; or
(ii) sharing in the profits of a severe
form of trafficking in persons or any part
thereof.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) Coercion.--The term ``coercion'' means the use of
force, violence, physical restraint, deception, or acts or
circumstances not necessarily including physical force but
calculated to have the same effect, such as the credible threat
of force or of the infliction of serious harm.
(4) Commercial sex act.--The term ``commercial sex act''
means any sex act whereby anything of value is given to or
received by any person.
(5) Minimum standards for the elimination of trafficking.--
The term ``minimum standards for the elimination of
trafficking'' means the standards set forth in section 8.
(6) Nonhumanitarian nontrade foreign assistance.--The term
``nonhumanitarian nontrade foreign assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961, other than--
(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 of 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 which involves the
provision of food (including monetization of
food) or medicine;
(vii) assistance for refugees;
(viii) humanitarian and other development
assistance in support of programs of
nongovernmental organizations under chapters 1
and 10 of that Act;
(ix) programs under title IV of chapter 2
of part I of that Act, relating to the Overseas
Private Investment Corporation; or
(x) programs involving trade-related
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.
(7) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' means--
(A) sex trafficking in which either a commercial
sex act or any act or event contributing to such act is
effected or induced by fraud, force, coercion, or
deception, or in which the person induced to perform
such act has not attained 18 years of age; or
(B) the recruitment, harboring, provision,
transportation, employment, transfer, receipt,
purchase, sale, or securing, by any means, of a person,
through the use of force, coercion, fraud, or
deception, for the purpose of subjection to involuntary
servitude, peonage, or slavery or slavery-like
practices.
(8) Sex trafficking.--The term ``sex trafficking'' means
the purchase, sale, recruitment, harboring, transportation,
transfer, or receipt of a person for the purpose of a
commercial sex act.
(9) Slavery-like practices.--The term ``slavery-like
practices'' means the inducement of a person to perform labor
or other services, or an act by force, fraud, coercion, or any
scheme, plan, or pattern to cause the person to believe that
failure to perform the work will result in--
(A) the infliction of serious harm;
(B) debt bondage in which labor or services are
pledged for debt on terms calculated never to allow
full payment of the debt or otherwise amounting to
indentured servitude for life or for an indefinite
period; or
(C) subjection of the person to conditions so harsh
or degrading as to provide a clear indication that the
person has been subjected to them by force, fraud, or
coercion.
(10) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act or practice
described in paragraph (7) or (8).
(11) 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 (7).
SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Secretary of State, with the assistance of the Assistant
Secretary of Democracy, Human Rights and Labor, shall, as part of the
annual Country Reports on Human Rights Practices, include information
on the status of trafficking in persons, including the following
information:
(1) A list of foreign countries that are countries of
origin, transit, or destination for a significant number of
victims of severe forms of trafficking.
(2) A description of the nature and extent of severe forms
of trafficking in persons in each country.
(3) An assessment of the efforts by the governments
described in paragraph (1) to combat severe forms of
trafficking. Such an assessment shall address--
(A) whether any governmental authorities tolerate
or are involved in such trafficking;
(B) which governmental authorities are involved in
activities to combat such trafficking;
(C) what steps the government has taken against its
officials who participate in, facilitate, or condone
such trafficking;
(D) what steps the government has taken to
investigate and prosecute officials who participate in
or facilitate such trafficking;
(E) what steps the government 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;
(F) what steps the government 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 stays of
deportation, and provision of humanitarian relief, including provision
of mental and physical health care and shelter;
(G) whether the government--
(i) is cooperating with governments of
other countries to extradite traffickers when
requested;
(ii) is assisting in international
investigations of transnational trafficking
networks and in other cooperative efforts to
combat trafficking;
(iii) refrains from prosecuting victims of
severe forms of trafficking and from other
discriminatory treatment of such victims due to
such victims having been trafficked, or due to
their having left or entered the country
illegally; and
(iv) recognizes the rights of victims and
ensures their access to justice.
(4) Information described in paragraph (2) and, where
appropriate, in paragraph (3) shall be included in the annual
Country Reports on Human Rights Practices on a country-by-
country basis.
(5) In addition to the information described in this
section, the Annual Country Reports on Human Rights Practices
may contain such other information relating to trafficking in
persons as the Secretary determines to be appropriate.
SEC. 5. 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 Act 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
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 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 headed 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 organizations, and
multilateral organizations, including the Organization of American
States, the Organization for Security and Cooperation in Europe, and
the United Nations, 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
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.
(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.
(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 advocacy, with governmental and
nongovernmental organizations, among other entities, to advance
the purposes of this Act.
SEC. 6. 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, and to educate children,
women, and men 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)
and (b).
SEC. 7. 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
integration, reintegration, or resettlement, as appropriate, of
victims of trafficking and their children and, if appropriate,
their spouses and parents. Such programs and initiatives shall
be designed to meet the mental and physical health, housing,
legal, and other assistance needs of such persons and their
children, as identified by the Inter-Agency Task Force to
Monitor and Combat Trafficking established under section 5.
(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.--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 severe forms of trafficking
in persons 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 severe forms of trafficking in persons 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 severe forms of trafficking in persons on account of
the nature of their work 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 or section 1589A of title 18, United
States Code, regarding trafficking, 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) Victims of severe forms of trafficking, while in the
custody of the Federal Government and to the extent
practicable, shall--
(A) be housed in appropriate housing as quickly as
possible;
(B) receive prompt medical care, food, 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) Victims of severe forms of trafficking shall not be
jailed, fined, or otherwise penalized for unlawful acts due to
having been trafficked, including for having used false
documents, entering the country without documentation, or
working without documentation.
(3) Victims of severe forms of trafficking shall have
access to legal assistance, information about their rights, and
translation services.
(4) Federal law enforcement officials shall 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, and such officials
in investigating and prosecuting traffickers shall protect the
safety and integrity 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.
(5) Appropriate personnel of the Department of State and
the Department of Justice are trained in identifying victims of
severe forms 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 (as added by section 12 of this Act)
should be first disbursed to satisfy any judgments awarded victims of
trafficking under subsection (b)(4) and section 1591 of title 18,
United States Code (as added by such section 12). The remaining funds
from asset forfeiture are authorized to be available in equal amounts
for the purposes of subsections (a) and (b) and shall remain available
for obligation until expended.
(f) Protection From Removal for Certain Victims of Trafficking.--
(1) Nonimmigrant classification for certain victims of
trafficking.--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) an alien who the Attorney General
determines--
``(i) is physically present in the United
States or at a port of entry thereto;
``(ii) is or has been a victim of a severe
form of trafficking in persons as defined in
section 3 of the Interantional Anti-Trafficking
Act of 2000;
``(iii)(I) has not unreasonably refused to
assist in the investigation or prosecution of
acts of trafficking; or
``(II) has not attained the age of 14
years; and
``(iv) would face a significant possibility
of retribution or other hardship if removed
from the United States,
and, if the Attorney General considers it to be
appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in this
subparagraph if accompanying, or following to join, the
alien, except that no person shall be eligible for
admission to the United States under this subparagraph
if there is substantial reason to believe that the
person has committed an act of a severe form of
trafficking in persons as defined in section 3 of the
Interantional Anti-Trafficking Act of 2000.''.
(2) 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 nonimmigrant aliens described in subsection
(a)(15)(T)--
``(1) the Attorney General and other government officials,
where appropriate, shall provide those aliens with referrals to
nongovernmental organizations that would educate the aliens
regarding their options while in the United States and the
resources available to them; and
``(2) the Attorney General shall, during the period those
aliens are in lawful temporary resident status under that
subsection, grant the aliens authorization to engage in
employment in the United States and provide the aliens with an
`employment authorized' endorsement or other appropriate work
permit.''.
(3) Waiver of grounds for 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 for
inadmissibility exists with respect to a nonimmigrant described in
section 101(a)(15)(T). 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)(T), if the Attorney General considers it to be in the
national interest to do so. Nothing in this section shall be regarded
as prohibiting the Attorney General from instituting removal
proceedings against an alien admitted as a nonimmigrant under section
101(a)(15)(T) for material nontrafficking related conduct committed
after the alien's admission into the United States, or for material
nontrafficking related conduct or a condition that was not disclosed to
the Attorney General prior to the alien's admission as a nonimmigrant
under section 101(a)(15)(T).''.
(4) 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 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)--
``(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);
``(B) has, throughout such period, been a person of good
moral character;
``(C) has not, during such period, unreasonably refused to
provide assistance in the investigation or prosecution of acts
of trafficking; and
``(D) would face a significant possibility of retribution
or other hardship if removed from the United States, the
Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an
alien lawfully admitted for permanent residence if the alien is
not described in section 212(a)(3)(E).
``(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.''.
SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this Act, the minimum
standards for the elimination of trafficking for a country that is a
country of origin, transit, or destination for a significant number of
victims are the following standards:
(1) 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 fraud, force, coercion, or deception, 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 country should
prescribe punishment commensurate with that for the most
serious crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form
of trafficking in persons, the country should prescribe
punishment which is sufficiently stringent to deter and which
adequately reflects the heinous nature of the offense.
(4) The country should make serious and sustained efforts
to eliminate severe forms of trafficking in persons.
(b) Criteria.--In determinations of whether a country is making
serious and sustained efforts under subsection (a)(4) the following
factors should be considered as indicia of a good faith effort to
eliminate severe forms of trafficking in persons:
(1) Whether the country vigorously investigates and
prosecutes acts of severe forms of trafficking in persons that
take place wholly or partly within the territory of the
country.
(2) Whether the country cooperates with other countries in
the investigation and prosecution of severe forms of
trafficking in persons.
(3) Whether the country extradites persons charged with
acts of severe forms of trafficking in persons on the same
terms and to the same extent as persons charged with other
serious crimes.
(4) Whether 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 which 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
and return to one's own country.
(5) Whether the country protects victims of severe forms of
trafficking in persons and encourages their assistance in the
investigation and prosecution of such trafficking, including
provision for legal alternatives to their removal to countries
in which they would face retribution or other hardship.
(6) Whether 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. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized to provide
assistance to foreign countries directly, or through nongovernmental,
intergovernmental and multilateral organizations, for programs and
activities designed to meet the minimum international standards for the
elimination of trafficking, including drafting of legislation to
prohibit and punish acts of trafficking, investigation and prosecution
of traffickers, creation and maintenance of facilities, programs, and
activities for the protection of victims, and the expansion of exchange
programs and international visitor programs for governmental and
nongovernmental personnel to combat trafficking.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
(a) Statement of Policy.--It is the policy of the United States not
to provide nonhumanitarian non-trade foreign assistance to countries
which do not meet minimum standards for the elimination of trafficking.
(b) Reports to Congress.--
(1) Annual report.--Not later than April 30 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 which shall include a
list of those countries, if any, to which the minimum standards
for the elimination of trafficking under section 8 are
applicable and which do not meet such standards, and which may
include additional information, including information about
efforts to combat trafficking and about countries which have
taken appropriate actions to combat trafficking.
(2) Interim reports.--In addition to the annual report
under paragraph (1), the Secretary of State may submit to the
appropriate congressional committees one or more interim
reports with respect to the status of severe forms of trafficking in
persons, including information about countries whose governments have
come into or out of compliance with the minimum standards for the
elimination of trafficking since the transmission of the last annual
report.
(c) Notification.--For fiscal year 2003 and each subsequent fiscal
year, for each foreign country to which the minimum standards for the
elimination of trafficking are applicable and which has failed to meet
such standards, as described in an annual or interim report under
subsection (b), not less than 45 days and not more than 90 days after
the submission of such a report, the President shall submit a
notification to the appropriate congressional committees of one of the
determinations described in subsection (d).
(d) Determinations.--The determinations referred to in subsection
(c) are as follows:
(1) Withholding of nonhumanitarian non-trade assistance.--
The President has determined that--
(A)(i) the United States will not provide
nonhumanitarian nontrade foreign assistance to the
government of the country for the subsequent fiscal
year until such government complies with the minimum
standards; or
(ii) in the case of a country whose government
received no nonhumanitarian nontrade 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; and
(B) the President will instruct the United States
Executive Director of each multilateral development
bank to use his or her best efforts to deny, any loan
or other utilization of the funds of his or her
institution to that country (other than for
humanitarian 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.
(2) Subsequent compliance.--The Secretary of State has
determined that the country has come into compliance with the
minimum standards.
(3) Continuation of assistance in the national interest.--
Notwithstanding the failure of the country to comply with
minimum standards for the elimination of trafficking, the
President has determined that the provision of nonhumanitarian
nontrade foreign assistance to the country is in the national
interest of the United States.
(4) Exercise of authority.--In the exercise of the
authority under paragraph (3), the President may exercise such
authority with respect to all foreign assistance to a country
or with respect to any specific programs, projects, or
activities, and the President shall exercise such authority so
as to avoid adverse effects on vulnerable populations,
including women and children.
(e) Certification.--Together with any notification under subsection
(c), the President shall provide a certification by the Secretary of
State that, with respect to assistance described in clause (i), (ii),
or (iv) of section 3(6)(A) or in section 3(6)(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.
SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.
(a) Authority To Sanction Traffickers in Persons.--
(1) 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
person who is on the list described in subsection (b).
(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 paragraph (1).
(3) 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) List of Traffickers of Persons.--
(1) Compiling list of traffickers in persons.--The
Secretary of State is authorized to compile a list of the
following persons:
(A) Any foreign person that plays a significant
role in a severe form of trafficking in persons,
directly or indirectly in the United States or any of
its territories or possessions.
(B) Foreign persons who materially assist in, or
provide financial or technological support for or to,
or providing 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 so identified pursuant
to subparagraph (A).
(2) Revisions to list.--The Secretary of State shall make
additions or deletions to any list compiled under paragraph (1)
on an ongoing basis based on the latest information available.
(3) Consultation.--The Secretary of State shall consult
with the following officers in carrying out paragraphs (1) and
(2).
(A) The Attorney General.
(B) The Director of Central Intelligence.
(C) The Director of the Federal Bureau of
Investigation.
(D) The Secretary of Labor.
(E) The Secretary of Health and Human Services.
(4) Publication of list.--Upon compiling the list referred
to in paragraph (1) and within 30 days of any revisions to such
list, the Secretary of State shall submit the list or revisions
to such list to the Committees on the International Relations
and Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives; and to the
Committees on Foreign Relations, the Judiciary, and the Select
Committee on Intelligence of the Senate; and publish the list
or revisions to such list in the Federal Register after such
persons on the list have admitted, been convicted, or been
formally found to have participated in the acts described in
paragraph (1) (A), (B), and (C).
(c) Report to Congress on Identification and Sanctioning of
Traffickers in Persons.--Upon exercising the authority of subsection
(a), the President shall submit a report to the Committees on the
International Relations and the Judiciary, and the Permanent Select
Committee on Intelligence of the House of Representatives and to the
Committees on Foreign Relations and the Judiciary, and the Select
Committee on Intelligence of the Senate--
(1) identifying publicly the foreign persons from the list
published under subsection (b)(4) that the President determines
are appropriate for sanctions pursuant to this section; and
(2) detailing publicly the sanctions imposed pursuant to
this section.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, the list and report described in subsections (b)
and (c) shall not disclose the identity of any person, if the
Director of Central Intelligence determines that such
disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, the list and report described in subsections
(b) and (c) shall not disclose the name of any person if the
Attorney General, in coordination as appropriate with the
Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, and the
Secretary of the Treasury, determines that such disclosure
could reasonably be expected to--
(A) compromise the identity of a confidential
source, including a State, local, or foreign agency or
authority or any private institution that furnished
information on a confidential basis;
(B) jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) endanger the life or physical safety of any
person; or
(D) cause substantial harm to physical property.
(3) Notification required.--(A) Whenever either the
Director of Central Intelligence or the Attorney General makes
a determination under this subsection, the Director of Central
Intelligence or the Attorney General shall notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, and explain the reasons for such determination.
(B) The notification required under this paragraph shall be
submitted to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate not later than July 1, 2001, and on
an annual basis thereafter.
(e) 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.
(f) 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 adding at the end
the following new subparagraph:
``(H) Traffickers in persons.--Any alien who--
``(i) is on the most recent list of
traffickers provided in section 11 of the
International Anti-Trafficking 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 3 of such Act; or
``(ii) who the consular officer or the
Attorney General knows or has reason to believe
is the spouse, son, or daughter of an alien
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.''.
(g) Implementation.--The Secretary of State, the Attorney General,
and the Secretary of Treasury are authorized to take such actions as
may be necessary to carry out this section, including promulgating
rules and regulations permitted under this Act.
(h) Definition of Foreign Persons.--As used 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.
SEC. 12. 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 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:
``Sec. 1589. Trafficking into involuntary servitude, peonage, or
slavery-like conditions
``(a) Whoever recruits, harbors, provides, transports, employs,
transfers, receives, purchases, sells, or secures, by any means, any
person, knowing or having reason to know that the person is or will be
subjected to involuntary servitude or peonage or to slavery-like
conditions as described in subsection (b) of this section, or in any
way, financially or otherwise, knowingly benefits from, or makes use
of, the labor or services of a person subjected to a condition of
involuntary servitude, peonage, or slavery-like conditions, 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
kidnapping 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.
``(b) In this section--
``(1) the term `slavery-like conditions' means that the
labor or services of a person are obtained or maintained
through any scheme or artifice to defraud, by debt bondage, by
subjection of the person to conditions so harsh or degrading as
to provide a clear indication that the person has been
subjected to them by force, fraud, or coercion, or by means of
any plan or pattern, including false and fraudulent pretense
and misrepresentations, such that the person reasonably
believes that if he did not perform the act, labor, or
services, serious harm would be inflicted on himself or on
another person, or the person reasonably believes that the
person has no option but to perform the act, labor, or
services; and
``(2) the term `debt bondage' means a relationship in which
labor or services are pledged for debt on terms calculated
never to allow full payment of the debt or otherwise amounting
to indentured servitude for life or for an indefinite period.
``(c) This section does not apply to labor performed as a
punishment for a crime whereof the party shall have been duly
convicted.
``Sec. 1589A. Sex trafficking of children or by force, fraud, or
coercion
``(a) In General.--Whoever--
``(1) recruits, entices, harbors, provides, transports,
employs, transfers, receives, purchases, sells, or secures, by
any means, any person, or
``(2) owns, manages, or operates the premises, or shares in
the proceeds of an enterprise in which a person has been
recruited, enticed, harbored, purchased, sold, transported, or
transferred,
knowing or having reason to know that the person will be caused by
force, fraud, or coercion to engage in a commercial sex act, or that
the person has not attained the age of 18 years and will be caused or
expected to engage in a commercial sexual act, shall be punished as
provided in subsection (b).
``(b) Punishment.--The punishment for an offense under subsection
(a) is--
``(1) if the offense was effected by fraud, force, 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 effected by fraud, force, or
coercion, 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) Definition of Commercial Sex Act.--In this section, the term
`commercial sex act' means any sex act, whereby anything of value is
given to or received by any person, and--
``(1) which takes place in the United States;
``(2) which affects United States foreign commerce; or
``(3) in which either the person caused or expected to
participate in the act or the person committing the violation
is a United States citizen or an alien admitted for permanent
residence in the United States.
``Sec. 1590. Unlawful possession of documents in furtherance of
trafficking, involuntary servitude, peonage, or slavery-
like conditions
``(a) Except as provided in subsection (b), 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 violation of section 1581, 1583, 1584, 1589, or
1589A or a conspiracy or attempt to commit such a violation; or
``(2) to conceal or impair the investigation or prosecution
of a violation of any section described in paragraph (1);
``(3) to prevent or restrict, without lawful authority, the
person's liberty to move or travel in interstate or foreign
commerce,
shall be fined under this title or imprisoned for not more than 5
years, or both.
``(b) The provisions of subsection (a) shall not apply to persons
who have been trafficked as defined in section 7(c)(2) of the
International Anti-Trafficking Act of 2000.
``Sec. 1591. 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 provide 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 section 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 extortion or the
abuse of threatened abuse of 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.
``(b) An attempt or conspiracy to violate section 1581, 1583, 1584,
1589, or 1589A 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 shall 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 follow the guidelines of section
7(e) of the International Anti-Trafficking Act of 2000.
``(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.
``(f) 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. Trafficking into involuntary servitude, peonage, or slavery-
like conditions.
``1589A. Sex trafficking of children or by force, fraud, or coercion.
``1590. Unlawful possession of documents in furtherance of trafficking,
involuntary servitude, peonage, or slavery-
like conditions.
``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, 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
Protection Act.
(2) In carrying out this subsection, the Sentencing
Commission 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.
(c) Racketeering.--Section 1961(1) of title 18, United States Code,
is amended by inserting ``section 1589 (relating to trafficking into
involuntary servitude, peonage, or slavery-like conditions), section
1589A (relating to sex trafficking of children or by force, fraud, or
coercion),'' after ``murder-for-hire),''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for the Interagency Task
Force.--To carry out the purposes of section 5, 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 7(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 7(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 9, there are authorized to be appropriated
to the Secretary of State $300,000 for voluntary contributions
to advance projects aimed at preventing trafficking, promote
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 4, 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.
(d) Authorization of Appropriations to Attorney General.--To carry
out the purposes of section 7(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 6, 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 9, 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 7(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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2767-2768)
Read twice and referred to the Committee on Foreign Relations.
Sponsor introductory remarks on measure. (CR S5084-5085)
Sponsor introductory remarks on measure. (CR 10/6/2000 S10028-10029)
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