II

106TH CONGRESS

1ST SESSION S. 1842

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 SENATE OF THE UNITED STATES

NOVEMBER 2, 1999

Mr. WELLSTONE introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Comprehensive Antitrafficking in Persons Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes and findings.

Sec. 3. Definitions.
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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.

1 SEC. 2. PURPOSES AND FINDINGS.

2 (a) PURPOSES.—The purposes of this Act are to com3 bat both domestically and internationally the

4 transnational offense of trafficking in persons, a contem5 porary manifestation of slavery in which women and chil6 dren are predominant victims, through prevention, pros7 ecution and enforcement against traffickers, and protec8 tion and assistance to victims of this egregious violation

9 of human rights.

10 (b) FINDINGS.—Congress finds that:

11 (1) The worldwide trafficking of persons is a

12 growing transnational crime, migration, economics,

13 labor, public health, and human rights problem that

14 is significant on nearly every continent.

15 (2) It is estimated that more than 1,000,000

16 individuals, primarily women and children, are traf17 ficked within or across borders annually. Approxi18 mately 50,000 women and children are trafficked

19 into the United States each year.

20 (3) Traffickers primarily target women and

21 girls, who are disproportionately affected by poverty,
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1 lack of access to education, chronic unemployment,

2 discrimination, and lack of viable economic opportu3 nities in countries of origin. Traffickers lure women

4 and girls into their networks through false promises

5 of good working conditions at relatively high pay as

6 nannies, maids, dancers, factory workers, restaurant

7 workers, sales clerks, or models. Traffickers also buy

8 girls from poor families and sell them into many

9 types of bonded labor.

10 (4) Traffickers often facilitate victims’ move11 ment from their home communities to unfamiliar

12 destinations, away from family and friends, religious

13 institutions, and other sources of protection and sup14 port, making the victims more vulnerable.

15 (5) Traffickers force victims to perform labor or

16 services such as prostitution and sexual servitude,

17 domestic servitude, bonded sweatshop labor, or other

18 work or services. Victims are forced to perform labor

19 or services through physical violence, including rape

20 and other forms of sexual abuse, torture, starvation,

21 and imprisonment, and threats of violence and other

22 forms of psychological abuse and coercion.

23 (6) Women and children trafficked into the sex

24 industry are exposed to deadly diseases, including
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1 HIV and AIDS. Trafficking victims are sometimes

2 worked or physically brutalized to death.

3 (7) Trafficking is perpetrated increasingly by

4 organized and sophisticated criminal enterprises.

5 Worldwide, the industry is the fastest growing and

6 third largest source of profits for organized criminal

7 enterprises, behind only drugs and firearms. Profits

8 from the trafficking industry contribute to the ex9 pansion of organized criminal activity in the United

10 States and around the world. Trafficking often is

11 aided by official corruption in countries of origin,

12 transit, and destination, thereby threatening the rule

13 of law.

14 (8) The United States and the international

15 community are in agreement that trafficking of per16 sons is a grave violation of human rights and a mat17 ter of pressing international concern. The Universal

18 Declaration of Human Rights; the Supplementary

19 Convention on the Abolition of Slavery, the Slave

20 Trade, and Institutions and Practices Similar to

21 Slavery; the International Covenant on Civil and Po22 litical Rights; the Convention on the Elimination of

23 All Forms of Discrimination Against Women; the

24 Convention Against Torture and Other Cruel, Inhu25 man or Degrading Treatment or Punishment, and
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1 other relevant instruments condemn slavery and in2 voluntary servitude, violence and discrimination

3 against women, and components of the trafficking

4 scheme.

5 (9) No comprehensive law exists in the United

6 States that penalizes the range of offenses involved

7 in the trafficking scheme. Existing United States

8 laws and infrastructure are not sufficient to deter

9 trafficking to and from the United States and pro10 tect domestic trafficking victims. At present, traf11 fickers are prosecuted in the United States for vio12 lating laws related to components of the trafficking

13 scheme, such as involuntary servitude, slave trade

14 offenses, peonage, transportation for coerced or ille15 gal sexual activities, and immigration laws.

16 (10) The seriousness of the crime of trafficking

17 in persons is not reflected in current sentencing

18 guidelines for component crimes of the trafficking

19 scheme, which results in weak penalties for convicted

20 traffickers. Adequate services and facilities do not

21 exist to meet the healthcare, housing, education, and

22 legal assistance needs for the safe reintegration of

23 domestic trafficking victims.

24 (11) Trafficking in persons substantially affects

25 interstate and foreign commerce and has an impact
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1 on the nationwide employment network and labor

2 market. Trafficking victims may be subjected to

3 dangerous work and living environments, isolation

4 and restriction of movement, and denial of pay. The

5 United States must take action to eradicate the sub6 stantial burdens on commerce that result from traf7 ficking in persons and to prevent the channels of

8 commerce from being used for an immoral and inju9 rious purpose.

10 (12) Traffickers may make representations to a

11 victim that physical harm may occur to them or to

12 others should the victim escape or attempt to escape.

13 These representations may have an equally coercive

14 effect on the victim as specific threats of harm. It

15 is therefore the intent of Congress that proof of in16 voluntary servitude or peonage, as it is used in pros17 ecutions under sections 241, 1581, 1583, 1584, and

18 1589 of title 18, United States Code, not be limited

19 to labor or services compelled by the use, or threat20 ened use, of force or legal coercion. Rather, viola21 tions of these sections may also be established by

22 proof that the labor or service of a person was ob23 tained or maintained through representations of

24 harm to the victim or to others. Violations under

25 these sections may also be created by the use of
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1 fraud, deceit, or misrepresentation toward any per2 son in an effort to wrongfully obtain or maintain the

3 labor or services of that person, where the person is

4 a minor, an immigrant, one who is mentally dis5 abled, or one who is otherwise particularly suscep6 tible to coercion.

7 (13) Trafficking in persons is a transnational

8 crime with national implications. In order to end

9 this egregious violation of human rights, the United

10 States must take measures to strengthen the local

11 and regional capacity of countries of origin, transit

12 and destination to prevent trafficking, enforce

13 antitrafficking laws, prosecute traffickers, and pro14 tect trafficking victims. The United States must

15 work bilaterally and multilaterally to abolish the

16 trafficking industry and take steps to promote and

17 facilitate cooperation among countries linked to18 gether by international trafficking routes. The

19 United States must urge the international commu20 nity to take strong action in multilateral fora to en21 gage recalcitrant countries in serious and sustained

22 efforts to eliminate trafficking and protect traf23 ficking victims.

24 SEC. 3. DEFINITIONS.

25 For the purposes of this Act (other than section 8):
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1 (1) The term ‘‘trafficking’’ means recruiting or

2 abducting, facilitating, transferring, harboring or

3 transporting a person, by the threat or use of force,

4 coercion, fraud or deception, or by the purchase,

5 sale, trade, transfer or receipt of a person, for the

6 purpose of subjecting that person to involuntary ser7 vitude, peonage, slavery, slavery-like practices, or

8 forced or bonded labor or services.

9 (2) The term ‘‘victim of trafficking’’ generally

10 means any person subjected to the actions set forth

11 in paragraph (1).

12 SEC. 4. INTERAGENCY TASK FORCE TO MONITOR AND COM13 BAT TRAFFICKING.

14 (a) ESTABLISHMENT.—The President shall establish

15 an Interagency Task Force to Monitor and Combat Traf16 ficking (in this section referred to as the ‘‘Task Force’’).

17 (b) APPOINTMENT.—The President shall appoint the

18 members of the Task Force, which shall include the Sec19 retary of State, the Director of the Agency for Inter20 national Development, the Attorney General, the Sec21 retary of Labor, the Secretary of Health and Human Serv22 ices, the Director of the Central Intelligence Agency, and

23 such other officials as may be designated by the President.

24 (c) CHAIRMAN.—The Task Force shall be chaired by

25 the Secretary of State.
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1 (d) SUPPORT FOR THE TASK FORCE.—The Secretary

2 of State is authorized to establish within the Department

3 of State an Office to Monitor and Combat Trafficking,

4 which shall provide assistance to the Task Force. Any

5 such Office shall be administered by a Director. The Di6 rector shall have the primary responsibility for assisting

7 the Secretary of State in carrying out the purposes of this

8 Act and may have additional responsibilities as determined

9 by the Secretary. The Director shall consult with domestic,

10 international nongovernmental and intergovernmental or11 ganizations, and with trafficking victims or other affected

12 persons. The Director shall have the authority to take evi13 dence in public hearings or by other means. The Office

14 is authorized to retain staff members from agencies rep15 resented on the Task Force.

16 (e) ACTIVITIES OF THE TASK FORCE.—In consulta17 tion with nongovernmental organizations, the Task Force

18 shall carry out the following activities:

19 (1) Coordinate the implementation of this Act.

20 (2) Measure and evaluate progress of the

21 United States and countries around the world in the

22 areas of trafficking prevention, protection and as23 sistance to victims of trafficking, and prosecution

24 and enforcement against traffickers, including the

25 role of public corruption in facilitating trafficking.
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1 (3) Expand interagency procedures to collect

2 and organize data, including significant research and

3 resource information on domestic and international

4 trafficking in persons. Any data collection proce5 dures established under this subsection shall respect

6 the confidentiality of victims of trafficking.

7 (4) Engage in efforts to facilitate cooperation

8 among countries of origin, transit and destination.

9 Such efforts shall aim to strengthen local and re10 gional capacities to prevent trafficking, prosecute

11 traffickers and assist trafficking victims, and shall

12 include initiatives to enhance cooperative efforts be13 tween destination countries and countries of origin

14 and assist in the appropriate reintegration of state15 less victims of trafficking.

16 SEC. 5. PREVENTION OF TRAFFICKING.

17 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

18 DETER TRAFFICKING.—The President, acting through

19 the Administrator of the United States Agency for Inter20 national Development and the heads of other appropriate

21 agencies, shall establish and carry out initiatives to en22 hance economic opportunity for potential victims of traf23 ficking as a method to deter trafficking. Such initiatives

24 may include—
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1 (1) microcredit lending programs, training in

2 business development, skills training, and job coun3 seling;

4 (2) programs to promote women’s participation

5 in economic decisionmaking;

6 (3) programs to keep children, especially girls,

7 in elementary and secondary schools;

8 (4) development of educational curricula re9 garding the dangers of trafficking; and

10 (5) grants to nongovernmental organizations to

11 accelerate the empowerment of women in local and

12 regional, political, economic, social, and educational

13 roles in their countries.

14 (b) PUBLIC AWARENESS AND INFORMATION.—The

15 President, acting through the Secretary of Labor, the Sec16 retary of Health and Human Services, the Attorney Gen17 eral, and the Secretary of State, shall establish and carry

18 out programs to increase public awareness, particularly

19 among potential victims of trafficking, of the dangers of

20 trafficking and the protections that are available for vic21 tims of trafficking.

22 (c) CONSULTATION REQUIREMENT.—The President

23 shall consult with appropriate nongovernmental organiza24 tions with respect to the establishment and conduct of ini25 tiatives described in subsection (a).
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1 SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF

2 TRAFFICKING.

3 (a) ASSISTANCE FOR VICTIMS IN OTHER COUN4 TRIES.—

5 (1) IN GENERAL.—The Secretary of State and

6 the Administrator of the United States Agency for

7 International Development, in consultation with ap8 propriate nongovernmental organizations, shall es9 tablish and carry out programs and initiatives in for10 eign countries to assist in the safe reintegration of

11 victims of trafficking and their children. Such pro12 grams and initiatives shall be designed to meet the

13 mental and physical health, housing, legal, and other

14 assistance needs of such victims and their children,

15 as identified by the Inter-Agency Task Force to

16 Monitor and Combat Trafficking established under

17 section 4.

18 (2) ADDITIONAL REQUIREMENT.—The Sec19 retary of State and the Administrator of the United

20 States Agency for International Development shall

21 take all appropriate steps to enhance cooperative ef22 forts among foreign countries, including countries of

23 origin of victims of trafficking, and to assist in the

24 appropriate reintegration of stateless victims of traf25 ficking with respect to the establishment and con-
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1 duct of programs and initiatives described in para2 graph (1).

3 (b) VICTIMS IN THE UNITED STATES.—

4 (1) ASSISTANCE.—Subject to the availability of

5 appropriations and notwithstanding title IV of the

6 Personal Responsibility and Work Opportunity Rec7 onciliation Act of 1996, the Attorney General, the

8 Secretary of Health and Human Services, the Sec9 retary of Labor, and the Board of Directors of the

10 Legal Services Corporation shall expand existing

11 services to provide assistance to victims of traf12 ficking within the United States, without regard to

13 the immigration status of such victims.

14 (2) BENEFITS.—Subject to the availability of

15 appropriations and notwithstanding any other provi16 sion of law, victims of trafficking in the United

17 States shall be eligible, without regard to their immi18 gration status, for any benefits that are otherwise

19 available under the Crime Victims Fund, established

20 under the Victims of Crime Act of 1984, including

21 victims’ services, compensation, and assistance.

22 (3) GRANTS.—

23 (A) Subject to the availability of appro24 priations, the Attorney General may make

25 grants to States, territories, and possessions of
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1 the United States (including the Common2 wealths of Puerto Rico and the Northern Mar3 iana Islands), Indian tribes, units of local gov4 ernment, and nonprofit, nongovernmental vic5 tims’ service organizations to develop, expand,

6 or strengthen victim service programs for vic7 tims of trafficking.

8 (B) To receive a grant under this para9 graph, an eligible unit of government or organi10 zation shall certify that its laws, policies, and

11 practices, as appropriate, do not punish or deny

12 services to victims of trafficking on account of

13 the nature of their employment or services per14 formed in connection with such trafficking.

15 (C) Of amounts made available for grants

16 under this paragraph, there shall be set aside 3

17 percent for research, evaluation and statistics; 2

18 percent for training and technical assistance;

19 and 1 percent for management and administra20 tion.

21 (D) The Federal share of a grant made

22 under this paragraph may not exceed 75 per23 cent of the total costs of the projects described

24 in the application submitted.
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1 (4) CIVIL ACTION.—An individual who is a vic2 tim of a violation of section 1589 of title 18, United

3 States Code, regarding trafficking and criminal ex4 ploitation of workers may bring a civil action in

5 United States district court. The court may award

6 actual damages, punitive damages, reasonable attor7 neys’ fees, and other litigation costs reasonably in8 curred.

9 (c) TRAFFICKING VICTIM REGULATIONS.—Not later

10 than 180 days after the date of the enactment of this Act,

11 the Attorney General and the Secretary of State shall pro12 mulgate regulations for law enforcement personnel, immi13 gration officials, and Department of State officials to im14 plement the following:

15 (1) Trafficking victims, while in the custody or

16 control of the Federal Government and to the extent

17 practicable, shall be housed in appropriate shelter as

18 quickly as possible; receive prompt medical care,

19 food, and other assistance; and be provided protec20 tion if a victim’s safety is at risk or if there is dan21 ger of additional harm by recapture of the victim by

22 a trafficker.

23 (2) Federal law enforcement officials should

24 act, to ensure an alien individual’s continued pres25 ence in the United States, if after an assessment, it
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1 is determined that such individual is a victim of traf2 ficking or a material witness, in order to effectuate

3 prosecution of those responsible and to further the

4 humanitarian interests of the United States.

5 (3) Appropriate personnel of the Department of

6 State and the Department of Justice are trained in

7 identifying victims of trafficking and providing for

8 the protection of such victims. Training under this

9 paragraph should include methods for achieving

10 antitrafficking objectives through the nondiscrim11 inatory application of immigration and other related

12 laws.

13 (d) CONSTRUCTION.—Nothing in subsection (c) shall

14 be construed as creating any private cause of action

15 against the United States or its offices or employees.

16 (e) FUNDING.—Funds from asset forfeiture under

17 section 1592 of title 18, United States Code, are author18 ized to be available in equal amounts for the purposes of

19 subsections (a) and (b) and shall remain available for obli20 gation until expended.

21 SEC. 7. HUMANITARIAN/MATERIAL WITNESS NON22 IMMIGRANT VISA.

23 (a) ESTABLISHMENT OF A NEW NONIMMIGRANT

24 CLASSIFICATION.—Section 101(a)(15) of the Immigration

25 and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
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1 (1) in subparagraph (R), by striking ‘‘or’’ at

2 the end;

3 (2) in subparagraph (S), by striking the comma

4 at the end and inserting ‘‘; or’’; and

5 (3) by inserting after subparagraph (S) the fol6 lowing:

7 ‘‘(T) subject to 214(n), an alien (and the alien

8 spouse, children, and parents of the alien if accom9 panying or following to join the alien) who the At10 torney General determines—

11 ‘‘(i) possesses material information con12 cerning criminal or other unlawful activity;

13 ‘‘(ii) is willing to supply or has supplied

14 such information to Federal or State law en15 forcement officials;

16 ‘‘(iii) would be helpful, were the alien to

17 remain in the United States, to a properly au18 thorized Federal or State investigation or pros19 ecution of the criminal or other unlawful activ20 ity; and

21 ‘‘(iv) has suffered significant physical or

22 mental abuse as a result of the criminal or

23 other unlawful activity.’’.
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1 (b) NUMERICAL LIMITATIONS; PERIOD OF ADMIS2 SIONS.—Section 214 of the Immigration and Nationality

3 Act (8 U.S.C. 1184) is amended—

4 (1) by redesignating the subsection (l) added by

5 section 625(a) of the Illegal Immigration Reform

6 and Immigrant Responsibility Act of 1996 (Public

7 Law 104–208; 110 Stat. 3009–1820) as subsection

8 (m); and

9 (2) by adding at the end the following:

10 ‘‘(n)(1) The number of aliens who may be provided

11 a visa as nonimmigrants under section 101(a)(15)(T) in

12 any fiscal year may not exceed 1,000.

13 ‘‘(2) No alien may be admitted into the United States

14 as such a nonimmigrant more than 5 years after the date

15 of the enactment of this subsection.

16 ‘‘(3) The period of authorized admission of an alien

17 as such a nonimmigrant may not exceed 3 years. Such

18 period may not be extended by the Attorney General.

19 ‘‘(4) As a condition for admission, and continued stay

20 in lawful status of such a nonimmigrant, the

21 nonimmigrant—

22 ‘‘(A) may not be convicted of any criminal of23 fense punishable by a term of imprisonment of 1

24 year or more after the date of such admission;
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1 ‘‘(B) must have executed a form that waives the

2 nonimmigrant’s right to contest, other than on the

3 basis of an application for withholding of removal,

4 any action for removal of the alien instituted before

5 the alien obtains lawful permanent resident status;

6 and

7 ‘‘(C) shall abide by any other condition, limita8 tion, or restriction imposed by the Attorney Gen9 eral.’’.

10 (c) PROHIBITION OF CHANGE OF STATUS.—Section

11 248(1) of the Immigration and Nationality Act (8 U.S.C.

12 1258(1)) is amended by striking ‘‘or (S)’’ and inserting

13 ‘‘(S), or (T)’’.

14 (d) ADJUSTMENT TO PERMANENT RESIDENT STA15 TUS.—Section 245 of the Immigration and Nationality

16 Act (8 U.S.C. 1255) is amended by adding at the end the

17 following:

18 ‘‘(l)(1) The Attorney General may adjust the status

19 of an alien admitted into the United States under section

20 101(a)(15)(T) (and the spouse, children, and parents of

21 the alien if admitted under that section) to that of an alien

22 lawfully admitted for permanent residence if—

23 ‘‘(A) in the opinion of the Attorney General, the

24 alien’s continued presence in the United States is
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1 justified on humanitarian grounds or is otherwise in

2 the national interest; and

3 ‘‘(B) the alien is not described in subparagraph

4 (A)(i)(I), (A)(ii), (A)(iii), (C), or (E) of section

5 212(a)(3).

6 ‘‘(2) Upon the approval of adjustment of status under

7 paragraph (1), the Attorney General shall record the

8 alien’s lawful admission for permanent residence as of the

9 date of such approval and the Secretary of State shall re10 duce by one the number of visas authorized to be issued

11 under sections 201(d) and 203(b)(4) for the fiscal year

12 then current.’’.

13 (e) EXCLUSIVE MEANS OF ADJUSTMENT.—Section

14 245(c)(5) of the Immigration and Nationality Act (8

15 U.S.C. 1255(c)(5)) is amended by striking ‘‘section

16 101(a)(15)(S),’’ and inserting ‘‘subparagraph (S) or (T)

17 of section 105(a)(15);’’.

18 SEC. 8. SANCTIONS AGAINST COUNTRIES INVOLVED IN

19 TRAFFICKING.

20 (a) AUTHORITY TO IMPOSE SANCTIONS.—The Presi21 dent may impose any of the measures described in sub22 section (b) against any foreign country that has made lit23 tle or no progress on reducing trafficking, implementing

24 any necessary antitrafficking laws, enforcing
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1 antitrafficking laws (including the prosecution of traf2 fickers), or protecting and assisting victims of trafficking.

3 (b) SANCTIONS THAT MAY BE IMPOSED.—The meas4 ures described in this subsection are the following:

5 (1) FOREIGN ASSISTANCE.—

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the President may deny to the coun8 try assistance of any kind which is provided by

9 grant, sale, loan, lease, credit, guaranty, or in10 surance, or by any other means, by any agency

11 or instrumentality of the United States Govern12 ment.

13 (B) EXCEPTION.—Subparagraph (A) shall

14 not apply to assistance under the Foreign As15 sistance Act of 1961 (22 U.S.C. 2151 et seq.),

16 or any successor provision of law, or the Arms

17 Export Control Act (22 U.S.C. 2751 et seq.)

18 that is intended to benefit the people of that

19 country directly and that is not channeled

20 through governmental agencies or entities of

21 that country.

22 (2) MULTILATERAL DEVELOPMENT BANK AS23 SISTANCE.—

24 (A) IN GENERAL.—The President may in25 struct the United States Executive Director to
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1 each international financial institution described

2 in subparagraph (B) to use the voice and vote

3 of the United States to oppose any loan or fi4 nancial or technical assistance to the country by

5 such international financial institution.

6 (B) INTERNATIONAL FINANCIAL INSTITU7 TIONS DESCRIBED.—The international financial

8 institutions described in this subparagraph are

9 the International Bank for Reconstruction and

10 Development, the International Development

11 Association, the International Finance Corpora12 tion, the Inter-American Development Bank,

13 the African Development Bank, the European

14 Bank for Reconstruction and Development, and

15 the International Monetary Fund.

16 (3) PROHIBITION OF ARMS SALES.—The Presi17 dent may prohibit the transfer of defense articles,

18 defense services, or design and construction services

19 under the Arms Export Control Act (22 U.S.C.

20 2751 et seq.), including defense articles and defense

21 services licensed or approved for export under sec22 tion 38 of that Act (22 U.S.C. 2778), to the country

23 or any national of the country.

24 (4) EXPORT RESTRICTIONS.—The President

25 may prohibit or otherwise substantially restrict ex-
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1 ports to the country of goods, technology, and serv2 ices (excluding agricultural commodities and prod3 ucts otherwise subject to control) and may suspend

4 existing licenses for the transfer to that person of

5 items the export of which is controlled under the Ex6 port Administration Act of 1979 or the Export Ad7 ministration Regulations.

8 (5) ADDITIONAL MEASURES UNDER IEEPA.—

9 (A) AUTHORITY.—

10 (i) IN GENERAL.—The President may

11 exercise IEEPA authorities (other than au12 thorities relating to importation) without

13 regard to section 202 of the International

14 Emergency Economic Powers Act (50

15 U.S.C. 1701) in the case of any foreign

16 country that has made little or no progress

17 on reducing trafficking, implementing any

18 necessary antitrafficking laws (including

19 the prosecution of traffickers), or in the

20 case of a person that is on the list pub21 lished under subparagraph (B).

22 (ii) PENALTIES.—The penalties set

23 forth in section 206 of the International

24 Emergency Economic Powers Act (50

25 U.S.C. 1705) apply to violations of any li-
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1 cense, order, or regulation issued under

2 this clause (i).

3 (iii) IEEPA AUTHORITIES.—For pur4 poses of clause (i), the term ‘‘IEEPA au5 thorities’’ means the authorities set forth

6 in section 203(a) of the International

7 Emergency Economic Powers Act (50

8 U.S.C. 1702(a)).

9 (B) SANCTIONS AGAINST PERSONS.—

10 (i) INITIAL DETERMINATION AND

11 PUBLICATION.—The Secretary of State

12 may make a determination of those per13 sons who are trafficking directly or indi14 rectly in the United States or any of its

15 territories and possessions and shall, if

16 such a determination is made, publish the

17 list of such persons in the Federal Reg18 ister.

19 (ii) REVISIONS TO LIST.—The Sec20 retary of State shall make additions or de21 letions to any list published under clause

22 (i) on an ongoing basis based on the latest

23 information available.
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1 (iii) CONSULTATION.—The Secretary

2 of State shall consult with the following of3 ficers in carrying out clauses (i) and (ii):

4 (I) The Attorney General.

5 (II) The Director of Central In6 telligence.

7 (III) The Director of the Federal

8 Bureau of Investigation.

9 (IV) The Secretary of Labor.

10 (V) The Secretary of Health and

11 Human Services.

12 (c) REPORT TO CONGRESS.—Upon exercising the au13 thority of subsection (a), the President shall report to

14 Congress on the measures applied and the reasons for the

15 application of the measures.

16 SEC. 9. STRENGTHENING PROSECUTION AND PUNISHMENT

17 OF TRAFFICKERS.

18 (a) TITLE 18 AMENDMENTS.—Chapter 77 of title 18,

19 United States Code, is amended—

20 (1) in each of sections 1581(a), 1583, and

21 1584—

22 (A) by striking ‘‘10 years’’ and inserting

23 ‘‘20 years’’

24 (B) by adding at the end the following:

25 ‘‘If, in addition to the foregoing elements, death
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1 results from a violation of this section, or if

2 such violation includes kidnaping or an attempt

3 to kidnap, aggravated sexual abuse or the at4 tempt to commit aggravated sexual abuse, or an

5 attempt to kill, the defendant shall be fined

6 under this title or imprisoned for any term of

7 years or life, or both.’’;

8 (3) by inserting at the end the following:

9 ‘‘§ 1589. Trafficking and criminal exploitation of

10 workers

11 ‘‘(a) Whoever—

12 ‘‘(1) recruits, harbors, provides, transports, em13 ploys, purchases, sells, or secures, by any means,

14 any person, knowing or having reason to know that

15 person is or will be subjected to involuntary ser16 vitude or peonage or to unlawfully exploitative labor

17 conditions as described in subsection (b) of this sec18 tion, shall be fined under this title or imprisoned not

19 more than 20 years, or both; and if, in addition to

20 the foregoing elements, death results from an act

21 committed in violation of this section, or if such act

22 includes kidnaping or an attempt to kidnap, aggra23 vated sexual abuse or the attempt to commit aggra24 vated sexual abuse, or an attempt to kill, shall be
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1 fined under this title or imprisoned for any term of

2 years or life, or both; or

3 ‘‘(2) in any way, financially or otherwise, know4 ingly benefits from, or makes use of, the labor or

5 services of a person held to a condition of involun6 tary servitude or peonage, shall be fined under this

7 title or imprisoned not more than 10 years, or both.

8 ‘‘(b) As used in this section, the term ‘unlawfully ex9 ploitative labor conditions’ means that the labor or serv10 ices of a person are obtained or maintained through any

11 scheme or artifice to defraud, or by means of any plan

12 or pattern, including but not limited to false and fraudu13 lent pretenses and misrepresentations, such that the per14 son reasonably believes that he has no viable alternative

15 but to perform the labor or services.

16 ‘‘(c) This section does not apply to labor performed

17 as a punishment for a crime whereof the party shall have

18 been duly convicted.

19 ‘‘§ 1590. Unlawful possession of documents in further20 ance of trafficking, criminal worker ex21 ploitation, involuntary servitude, or pe22 onage

23 ‘‘(a) Whoever destroys, conceals, removes, con24 fiscates, or possesses any identification, passport, or other
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1 immigration documents, or any other documentation of

2 another person—

3 ‘‘(1) in the course of, or under circumstances

4 which facilitate—

5 ‘‘(A) a violation of section 1581, 1583,

6 1584, or 1589 or a conspiracy or attempt to

7 commit such a violation;

8 ‘‘(B) the unlawful entry or attempted un9 lawful entry of the person into the United

10 States;

11 ‘‘(2) to prevent or restrict, without lawful au12 thority, the person’s liberty to move or travel in

13 interstate or foreign commerce; or

14 ‘‘(3) to conceal or impair the investigation or

15 prosecution of a violation of Federal criminal law,

16 shall be fined under this title or imprisoned for not

17 more than 5 years, or both.

18 ‘‘§ 1591. Mandatory restitution

19 ‘‘(a) Notwithstanding sections 3663 or 3663A, and

20 in addition to any other civil or criminal penalties author21 ized by law, the court shall order restitution for any of22 fense under this chapter.

23 ‘‘(b)(1) The order of restitution under this section

24 shall direct the defendant to pay the victim (through the

25 appropriate court mechanism) the full amount of the vic-
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1 tim’s losses, as determined by the court under paragraph

2 (3) of this subsection.

3 ‘‘(2) An order of restitution under this section

4 shall be issued and enforced in accordance with sec5 tion 3664 in the same manner as an order under

6 section 3663A.

7 ‘‘(3) As used in this subsection, the term ‘full

8 amount of the victim’s losses’ has the same meaning

9 as provided in section 2259(b)(3) and shall in addi10 tion include the greater of the gross income or value

11 to the defendant of the victim’s services or labor or

12 the value of the victim’s labor as guaranteed under

13 the minimum wage and overtime guarantees of the

14 Fair Labor Standards Act (29 U.S.C. 201, et seq.).

15 ‘‘(c) As used in this section, the term ‘victim’ means

16 the individual harmed as a result of a crime under this

17 chapter, including, in the case of a victim who is under

18 18 years of age, incompetent, incapacitated, or deceased,

19 the legal guardian of the victim or a representative of the

20 victim’s estate, or another family member, or any other

21 person appointed as suitable by the court, but in no event

22 shall the defendant be named such representative or

23 guardian.
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1 ‘‘§ 1592. General provisions

2 ‘‘(a) In a prosecution under sections 1581, 1583,

3 1584, or 1589, a condition of involuntary servitude or pe4 onage may be established by proof that the defendant ob5 tained or maintained the labor or service of any person—

6 ‘‘(1) by the use, or threatened use, of force, vio7 lence, physical restraint, or physical injury, or by the

8 use or threatened use of coercion through law or the

9 legal process;

10 ‘‘(2) through representations made to any per11 son that physical harm may occur to that person, or

12 to another, in an effort to wrongfully obtain or

13 maintain the labor or services of that person; or

14 ‘‘(3) by the use of fraud, deceit, or misrepresen15 tation toward any person in an effort to wrongfully

16 obtain or maintain the labor or services of that per17 son, where the person is a minor, an immigrant, one

18 who is mentally disabled, or one who is otherwise

19 particularly susceptible to coercion.

20 ‘‘(b) An attempt to violate sections 1581, 1583, 1584,

21 or 1589 shall be punishable in the same manner as a com22 pleted violation of each of these sections, respectively.

23 ‘‘(c)(1) The court, in imposing sentence on any per24 son convicted of a violation of this chapter, shall order,

25 in addition to any other sentence imposed and irrespective
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1 of any provision of State law, that such person forfeit to

2 the United States—

3 ‘‘(A) such person’s interest in any property,

4 real or personal, that was used or intended to be

5 used to commit or to facilitate the commission of

6 such violation; and

7 ‘‘(B) any property, real or personal, consti8 tuting or derived from, any proceeds that such per9 son obtained, directly or indirectly, as a result of

10 such violation.

11 ‘‘(2) The criminal forfeiture of property under this

12 subsection, any seizure and disposition thereof, and any

13 administrative or judicial proceeding in relation thereto,

14 shall be governed by the provisions of section 413 of the

15 Comprehensive Drug Abuse Prevention and Control Act

16 of 1970 (21 U.S.C. 853), except subsection (d) of that

17 section.

18 ‘‘(d)(1) The following shall be subject to forfeiture

19 to the United States and no property right shall exist in

20 them—

21 ‘‘(A) any property, real or personal, used or in22 tended to be used to commit or to facilitate the com23 mission of any violation of this chapter; and
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1 ‘‘(B) any property, real or personal, which con2 stitutes or is derived from proceeds traceable to any

3 violation of this chapter.

4 ‘‘(2) The provisions of chapter 46 of this title relating

5 to civil forfeitures shall extend to any seizure or civil for6 feiture under this subsection.’’; and

7 (4) by amending the table of sections at the be8 ginning of chapter 77 by adding at the end the fol9 lowing 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.’’.

10 (b) AMENDMENT TO THE SENTENCING GUIDE11 LINES.—

12 (1) Pursuant to its authority under section 994

13 of title 28, United States Code, and in accordance

14 with this section, the United States Sentencing Com15 mission shall review and, if appropriate, amend the

16 sentencing guidelines and policy statements applica17 ble to persons convicted of offenses involving the

18 trafficking of persons including component or related

19 crimes of peonage, involuntary servitude, slave trade

20 offenses, coercive worker exploitation, and posses21 sion, transfer or sale of false immigration documents

22 to further exploitation of workers, and the Fair
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1 Labor Standards Act and the Migrant and Seasonal

2 Agricultural Worker Protection Act.

3 (2) In carrying out this subsection, the Sen4 tencing Commission shall—

5 (A) to ensure that these sentencing guide6 lines and policy statements applicable to the of7 fenses described in paragraph (1) of this sub8 section are sufficiently stringent to deter and

9 adequately reflect the heinous nature of such

10 offenses;

11 (B) consider conforming the sentencing

12 guidelines applicable to offenses involving work13 er exploitation to the guidelines applicable to

14 peonage, involuntary servitude, and slave trade

15 offenses; and

16 (C) consider providing sentencing enhance17 ments for those convicted of the offenses de18 scribed in paragraph (1) of this subsection

19 that—

20 (i) involve a large number of victims;

21 (ii) involve a pattern of continued and

22 flagrant violations;

23 (iii) involve the use or threatened use

24 of a dangerous weapon; or
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1 (iv) result in the death or bodily in2 jury of any person.

3 (3) The Commission may promulgate the guide4 lines or amendments under this subsection in ac5 cordance with the procedures set forth in section

6 21(a) of the Sentencing Act of 1987, as though the

7 authority under that Act had not expired.

8 SEC. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

9 PRACTICES.

10 (a) IN GENERAL.—The Secretary of State, acting

11 through the Assistant Secretary of Democracy, Human

12 Rights and Labor, shall, as part of the annual Country

13 Reports on Human Rights Practices, include information

14 to address the status of international trafficking in per15 sons, including—

16 (1) a description of the nature and extent of

17 trafficking in persons in each country;

18 (2) a description and assessment of the efforts

19 of countries to combat trafficking through preven20 tion, prosecution, and enforcement against traf21 fickers, and to protect and assist trafficking victims;

22 and

23 (3) the role of official corruption in facilitating

24 trafficking of persons in each country.
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1 (b) ADDITIONAL REQUIREMENT.—Information de2 scribed in subsection (a) shall be included in the annual

3 Country Reports on Human Rights Practices separately

4 on a country-by-country basis.

5 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

6 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

7 INTERAGENCY TASK FORCE.—To carry out the purposes

8 of section 4, there are authorized to be appropriated to

9 the Secretary of State $3,000,000 for fiscal year 2001 and

10 $3,000,000 for fiscal year 2002.

11 (b) AUTHORIZATION OF APPROPRIATIONS TO THE

12 SECRETARY OF HEALTH AND HUMAN SERVICES.—To

13 carry out the purposes of section 6(b) there are authorized

14 to be appropriated to the Secretary of Health and Human

15 Services $10,000,000 for fiscal year 2001 and

16 $10,000,000 for fiscal year 2002.

17 (c) AUTHORIZATION OF APPROPRIATIONS TO THE

18 SECRETARY OF STATE.—To carry out the purposes of sec19 tion 6(a) there are authorized to be appropriated to the

20 Secretary of State $10,000,000 for fiscal year 2001 and

21 $10,000,000 for fiscal year 2002.

22 (d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR23 NEY GENERAL.—To carry out the purposes of section 6(b)

24 there are authorized to be appropriated to the Attorney
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1 General $10,000,000 for fiscal year 2001 and

2 $10,000,000 for fiscal year 2002.

3 (e) AUTHORIZATION OF APPROPRIATIONS TO PRESI4 DENT.—To carry out the purposes of Section 5 there are

5 authorized to be appropriated to the President

6 $10,000,000 for fiscal year 2001 and $10,000,000 for fis7 cal year 2002.

8 (f) AUTHORIZATION OF APPROPRIATIONS TO THE

9 SECRETARY OF LABOR.—To carry out the purposes of

10 section 6(b) there are authorized to be appropriated to the

11 Secretary of Labor $10,000,000 for fiscal year 2001 and

12 $10,000,000 for fiscal year 2002.

Æ