II

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.

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 ‘‘International Trafficking Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.

3 SEC. 2. PURPOSES AND FINDINGS.

4 (a) PURPOSES.—The purposes of this Act are to com5 bat trafficking in persons, a contemporary manifestation

6 of slavery whose victims are predominantly women and

7 children, to ensure just and effective punishment of traf8 fickers, and to protect their victims.

9 (b) FINDINGS.—Congress finds that:

10 (1) As we begin the 21st century, the degrading

11 institution of slavery continues throughout the

12 world. Sex trafficking is a modern day form of slav13 ery and it is the largest manifestation of slavery

14 today. Millions of people every year, primarily

15 women and children, are trafficked within or across

16 international borders. Approximately 50,000 women

17 and children are trafficked into the United States

18 each year.
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1 (2) Many of these persons are trafficked into

2 the international sex trade, often by force, fraud, or

3 coercion. The sex industry has rapidly expanded over

4 the past several decades. It involves sexual exploi5 tation of persons, predominantly women and girls,

6 involving activities related to prostitution, pornog7 raphy, sex tourism, and other commercial sexual

8 services. The low status of women in many parts of

9 the world has contributed to a burgeoning of the

10 trafficking industry.

11 (3) Trafficking in persons is not limited to the

12 sex industry. This growing transnational crime also

13 includes forced labor, and involves significant viola14 tions of minimal labor, public health, and human

15 rights standards worldwide.

16 (4) Traffickers primarily target women and

17 girls, who are disproportionately affected by poverty,

18 lack of access to education, chronic unemployment,

19 discrimination, and lack of viable economic opportu20 nities in countries of origin. Traffickers lure women

21 and girls into their networks through false promises

22 of decent working conditions at relatively good pay

23 as nannies, maids, dancers, factory workers, res24 taurant workers, sales clerks, or models. Traffickers

25 also buy children from poor families and sell them
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1 into prostitution or into various types of forced or

2 bonded labor.

3 (5) Traffickers often transport victims from

4 their home communities to unfamiliar destinations,

5 including different countries away from family and

6 friends, religious institutions, and other sources of

7 protection and support, leaving the victims defense8 less and vulnerable.

9 (6) Victims are often forced through physical

10 violence to engage in sex acts or perform slavery-like

11 labor. Such force includes rape and other forms of

12 sexual abuse, torture, starvation, imprisonment,

13 threats, psychological abuse, and coercion.

14 (7) Traffickers often make representations to

15 their victims that physical harm may occur to them

16 or others should they escape or attempt to escape.

17 Such threats can have the same coercive effects on

18 victims as actual infliction of harm.

19 (8) Trafficking in persons is increasingly per20 petrated by organized, sophisticated criminal enter21 prises. Such trafficking is the fastest growing source

22 of profits for organized criminal enterprises world23 wide. Profits from the trafficking industry con24 tribute to the expansion of organized crime in the

25 United States and worldwide. Trafficking often is
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1 aided by official corruption in countries of origin,

2 transit, and destination, thereby threatening the rule

3 of law.

4 (9) Trafficking includes all the elements of the

5 crime of forcible rape, when it involves the involun6 tary participation of another person in sex acts by

7 means of fraud, force, or coercion.

8 (10) Trafficking also involves violations of other

9 laws, including labor and immigration codes and

10 laws against kidnapping, slavery, false imprison11 ment, assault, battery, pandering, fraud, and extor12 tion.

13 (11) Trafficking exposes victims to serious

14 health risk. Women and children trafficked into the

15 sex industry are exposed to deadly diseases, includ16 ing HIV and AIDS. Trafficking victims are some17 times worked or physically brutalized to death.

18 (12) Trafficking in persons involving slavery19 like labor practices substantially affects interstate

20 and foreign commerce. The United States must take

21 action to eradicate the substantial burdens on com22 merce that result from trafficking in persons and to

23 prevent the channels of commerce from being used

24 for immoral and injurious purposes.
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1 (13) Trafficking of persons is an evil requiring

2 concerted and vigorous action by countries of origin,

3 transit or destination, and by international organiza4 tions.

5 (14) Existing legislation and law enforcement in

6 the United States and other countries are inad7 equate to deter trafficking and bring traffickers to

8 justice, failing to reflect the gravity of the offenses

9 involved. No comprehensive law exists in the United

10 States that penalizes the range of offenses involved

11 in the trafficking scheme. Instead, even the most

12 brutal instances of trafficking into the sex industry

13 are often punished under laws that also apply to

14 lesser offenses such as consensual sexual activity

15 and illegal immigration, so that traffickers typically

16 escape deserved punishment.

17 (15) In the United States, the seriousness of

18 this crime and its components are not reflected in

19 current sentencing guidelines, resulting in weak pen20 alties for convicted traffickers. Additionally adequate

21 services and facilities do not exist to meet the needs

22 of health care, housing, education, and legal assist23 ance, which safely reintegrate domestic trafficking

24 victims.
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1 (16) In some countries, enforcement against

2 traffickers is also hindered by official indifference,

3 by corruption, and sometimes even by official par4 ticipation in trafficking.

5 (17) Existing laws often fail to distinguish be6 tween victims of trafficking and traffickers, and

7 often because victims are illegal immigrants in the

8 destination country, they are repeatedly punished

9 more harshly than the traffickers themselves.

10 (18) Victims of trafficking often find it difficult

11 or impossible to report the crimes committed against

12 them or to assist in the investigation and prosecu13 tion of such crimes. This is because they are fre14 quently unfamiliar with the laws, culture, and lan15 guage of the countries into which they are traf16 ficked. Also, they are often subjected to coercion, in17 timidation, physical detention, debt bondage, and

18 fear of forcible removal to countries where they face

19 hardship.

20 (19) The United States and the international

21 community agree that trafficking in persons involves

22 grave violations of human rights and is a matter of

23 pressing international concern. The international

24 community has repeatedly condemned slavery and

25 involuntary servitude, violence against women, and
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1 other elements of trafficking, through declarations,

2 treaties, United Nations resolutions and reports, in3 cluding the Universal Declaration of Human Rights;

4 the 1956 Supplementary Convention on the Aboli5 tion of Slavery, the Slave Trade, and Institutions

6 and Practices Similar to Slavery; the 1957 Abolition

7 of Forced Labor Convention; the International Cov8 enant on Civil and Political Rights; the Convention

9 on the Elimination of All Forms of Discrimination

10 Against Women; the Convention Against Torture

11 and Other Cruel, Inhuman or Degrading Treatment

12 or Punishment; United Nations General Assembly

13 Resolutions 50/167, 51/66, and 52/98; the Final Re14 port of the World Congress against Sexual Exploi15 tation of Children (Stockholm, 1996); the Fourth

16 World Conference on Women (Beijing, 1995); and

17 the 1991 Moscow Document of the Organization for

18 Security and Cooperation in Europe.

19 (20) Trafficking in persons is a transnational

20 crime with national implications. To deter inter21 national trafficking and bring its perpetrators to jus22 tice, nations including the United States must recog23 nize that trafficking is a serious offense. This is

24 done by prescribing appropriate punishment, giving

25 priority to the prosecution of trafficking offenses,
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1 and protecting rather than punishing the victims of

2 such offenses. The United States must work bilat3 erally and multilaterally to abolish the trafficking in4 dustry by taking steps to promote cooperation

5 among countries linked together by international

6 trafficking routes. The United States must also urge

7 the international community to take strong action in

8 multilateral fora to engage recalcitrant countries in

9 serious and sustained efforts to eliminate trafficking

10 and protect trafficking victims.

11 SEC. 3. DEFINITIONS.

12 In this Act:

13 (1) ACT OF A SEVERE FORM OF TRAFFICKING

14 IN PERSONS.—The term ‘‘act of a severe form of

15 trafficking in persons’’ means any act at any point

16 in the process of a severe form of trafficking in per17 sons, including—

18 (A) any act of recruitment, harboring,

19 transport, provision, employment, securing,

20 transfer, purchase, sale or receipt of a victim of

21 such trafficking; or

22 (B) any act of—

23 (i) operation, management, or owner24 ship of an enterprise in which a victim of

25 such trafficking engages in a commercial
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1 sex act, is subjected to slavery or a slavery2 like practice, or is expected or induced to

3 engage in such acts or is subjected to such

4 condition or practice; or

5 (ii) sharing in the profits of a severe

6 form of trafficking in persons or any part

7 thereof.

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Foreign Relations

11 of the Senate and the Committee on International

12 Relations of the House of Representatives.

13 (3) COERCION.—The term ‘‘coercion’’ means

14 the use of force, violence, physical restraint, decep15 tion, or acts or circumstances not necessarily includ16 ing physical force but calculated to have the same

17 effect, such as the credible threat of force or of the

18 infliction of serious harm.

19 (4) COMMERCIAL SEX ACT.—The term ‘‘com20 mercial sex act’’ means any sex act whereby any21 thing of value is given to or received by any person.

22 (5) MINIMUM STANDARDS FOR THE ELIMI23 NATION OF TRAFFICKING.—The term ‘‘minimum

24 standards for the elimination of trafficking’’ means

25 the standards set forth in section 8.
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1 (6) NONHUMANITARIAN NONTRADE FOREIGN

2 ASSISTANCE.—The term ‘‘nonhumanitarian nontrade

3 foreign assistance’’ means—

4 (A) any assistance under the Foreign As5 sistance Act of 1961, other than—

6 (i) assistance under chapter 4 of part

7 II of that Act that is made available for

8 any program, project, or activity eligible

9 for assistance under chapter 1 of part I of

10 that Act;

11 (ii) assistance under chapter 8 of part

12 I of that Act;

13 (iii) any other narcotics-related assist14 ance under part I of that Act or under

15 chapter 4 or 5 of part II of that Act, but

16 any such assistance provided under this

17 clause shall be subject to the prior notifica18 tion procedures applicable to

19 reprogrammings pursuant to section 634A

20 of that Act;

21 (iv) disaster relief assistance, includ22 ing any assistance under chapter 9 of part

23 I of that Act;

24 (v) antiterrorism assistance under

25 chapter 8 of part II of that Act;
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1 (vi) assistance which involves the pro2 vision of food (including monetization of

3 food) or medicine;

4 (vii) assistance for refugees;

5 (viii) humanitarian and other develop6 ment assistance in support of programs of

7 nongovernmental organizations under

8 chapters 1 and 10 of that Act;

9 (ix) programs under title IV of chap10 ter 2 of part I of that Act, relating to the

11 Overseas Private Investment Corporation;

12 or

13 (x) programs involving trade-related

14 assistance; and

15 (B) sales, or financing on any terms, under

16 the Arms Export Control Act, other than sales

17 or financing provided for narcotics-related pur18 poses following notification in accordance with

19 the prior notification procedures applicable to

20 reprogrammings pursuant to section 634A of

21 the Foreign Assistance Act of 1961.

22 (7) SEVERE FORMS OF TRAFFICKING IN PER23 SONS.—The term ‘‘severe forms of trafficking in

24 persons’’ means—
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1 (A) sex trafficking in which either a com2 mercial sex act or any act or event contributing

3 to such act is effected or induced by fraud,

4 force, coercion, or deception, or in which the

5 person induced to perform such act has not at6 tained 18 years of age; or

7 (B) the recruitment, harboring, provision,

8 transportation, employment, transfer, receipt,

9 purchase, sale, or securing, by any means, of a

10 person, through the use of force, coercion,

11 fraud, or deception, for the purpose of subjec12 tion to involuntary servitude, peonage, or slav13 ery or slavery-like practices.

14 (8) SEX TRAFFICKING.—The term ‘‘sex traf15 ficking’’ means the purchase, sale, recruitment, har16 boring, transportation, transfer, or receipt of a per17 son for the purpose of a commercial sex act.

18 (9) SLAVERY-LIKE PRACTICES.—The term

19 ‘‘slavery-like practices’’ means the inducement of a

20 person to perform labor or other services, or an act

21 by force, fraud, coercion, or any scheme, plan, or

22 pattern to cause the person to believe that failure to

23 perform the work will result in—

24 (A) the infliction of serious harm;
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1 (B) debt bondage in which labor or serv2 ices are pledged for debt on terms calculated

3 never to allow full payment of the debt or oth4 erwise amounting to indentured servitude for

5 life or for an indefinite period; or

6 (C) subjection of the person to conditions

7 so harsh or degrading as to provide a clear indi8 cation that the person has been subjected to

9 them by force, fraud, or coercion.

10 (10) VICTIM OF TRAFFICKING.—The term ‘‘vic11 tim of trafficking’’ means a person subjected to an

12 act or practice described in paragraph (7) or (8).

13 (11) VICTIM OF A SEVERE FORM OF TRAF14 FICKING.—The term ‘‘victim of a severe form of

15 trafficking’’ means a person subject to an act or

16 practice described in paragraph (7).

17 SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

18 PRACTICES.

19 The Secretary of State, with the assistance of the As20 sistant Secretary of Democracy, Human Rights and

21 Labor, shall, as part of the annual Country Reports on

22 Human Rights Practices, include information on the sta23 tus of trafficking in persons, including the following infor24 mation:
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1 (1) A list of foreign countries that are countries

2 of origin, transit, or destination for a significant

3 number of victims of severe forms of trafficking.

4 (2) A description of the nature and extent of

5 severe forms of trafficking in persons in each coun6 try.

7 (3) An assessment of the efforts by the govern8 ments described in paragraph (1) to combat severe

9 forms of trafficking. Such an assessment shall

10 address—

11 (A) whether any governmental authorities

12 tolerate or are involved in such trafficking;

13 (B) which governmental authorities are in14 volved in activities to combat such trafficking;

15 (C) what steps the government has taken

16 against its officials who participate in, facili17 tate, or condone such trafficking;

18 (D) what steps the government has taken

19 to investigate and prosecute officials who par20 ticipate in or facilitate such trafficking;

21 (E) what steps the government has taken

22 to prohibit other individuals from participating

23 in such trafficking, including the investigation,

24 prosecution, and conviction of individuals in25 volved in severe forms of trafficking in persons,
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1 the criminal and civil penalties for such traf2 ficking, and the efficacy of those penalties in

3 eliminating or reducing such trafficking;

4 (F) what steps the government has taken

5 to assist victims of such trafficking, including

6 efforts to prevent victims from being further

7 victimized by traffickers, government officials,

8 or others, grants of stays of deportation, and

9 provision of humanitarian relief, including pro10 vision of mental and physical health care and

11 shelter;

12 (G) whether the government—

13 (i) is cooperating with governments of

14 other countries to extradite traffickers

15 when requested;

16 (ii) is assisting in international inves17 tigations of transnational trafficking net18 works and in other cooperative efforts to

19 combat trafficking;

20 (iii) refrains from prosecuting victims

21 of severe forms of trafficking and from

22 other discriminatory treatment of such vic23 tims due to such victims having been traf24 ficked, or due to their having left or en25 tered the country illegally; and
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1 (iv) recognizes the rights of victims

2 and ensures their access to justice.

3 (4) Information described in paragraph (2) and,

4 where appropriate, in paragraph (3) shall be in5 cluded in the annual Country Reports on Human

6 Rights Practices on a country-by-country basis.

7 (5) In addition to the information described in

8 this section, the Annual Country Reports on Human

9 Rights Practices may contain such other information

10 relating to trafficking in persons as the Secretary

11 determines to be appropriate.

12 SEC. 5. 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 Act 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 Administrator of the United States

20 Agency for International Development, the Attorney Gen21 eral, the Secretary of Labor, the Secretary of Health and

22 Human Services, the Director of Central Intelligence, 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 headed by a Director. The Director

6 shall have the primary responsibility for assisting the Sec7 retary of State in carrying out the purposes of this Act

8 and may have additional responsibilities as determined by

9 the Secretary. The Director shall consult with domestic,

10 international nongovernmental organizations, and multi11 lateral organizations, including the Organization of Amer12 ican States, the Organization for Security and Coopera13 tion in Europe, and the United Nations, and with traf14 ficking victims or other affected persons. The Director

15 shall have the authority to take evidence in public hearings

16 or by other means. The Office is authorized to retain staff

17 members from agencies represented on the Task Force.

18 (e) ACTIVITIES OF THE TASK FORCE.—In consulta19 tion with nongovernmental organizations, the Task Force

20 shall carry out the following activities:

21 (1) Coordinate the implementation of this Act.

22 (2) Measure and evaluate progress of the

23 United States and other countries in the areas of

24 trafficking prevention, protection and assistance to

25 victims of trafficking, and prosecution and enforce-
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1 ment against traffickers, including the role of public

2 corruption in facilitating trafficking.

3 (3) Expand interagency procedures to collect

4 and organize data, including significant research and

5 resource information on domestic and international

6 trafficking. Any data collection procedures estab7 lished under this subsection shall respect the con8 fidentiality of victims of trafficking.

9 (4) Engage in efforts to facilitate cooperation

10 among countries of origin, transit, and destination.

11 Such efforts shall aim to strengthen local and re12 gional capacities to prevent trafficking, prosecute

13 traffickers and assist trafficking victims, and shall

14 include initiatives to enhance cooperative efforts be15 tween destination countries and countries of origin

16 and assist in the appropriate reintegration of state17 less victims of trafficking.

18 (5) Examine the role of the international ‘‘sex

19 tourism’’ industry in the trafficking of persons and

20 in the sexual exploitation of women and children

21 around the world.

22 (6) Engage in advocacy, with governmental and

23 nongovernmental organizations, among other enti24 ties, to advance the purposes of this Act.
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1 SEC. 6. PREVENTION OF TRAFFICKING.

2 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

3 DETER TRAFFICKING.—The President, acting through

4 the Administrator of the United States Agency for Inter5 national Development and the heads of other appropriate

6 agencies, shall establish and carry out initiatives to en7 hance economic opportunity for potential victims of traf8 ficking as a method to deter trafficking. Such initiatives

9 may include—

10 (1) microcredit lending programs, training in

11 business development, skills training, and job coun12 seling;

13 (2) programs to promote women’s participation

14 in economic decisionmaking;

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

16 in elementary and secondary schools, and to educate

17 children, women, and men who have been victims of

18 trafficking;

19 (4) development of educational curricula re20 garding the dangers of trafficking; and

21 (5) grants to nongovernmental organizations to

22 accelerate and advance the political, economic, so23 cial, and educational roles and capacities of women

24 in their countries.

25 (b) PUBLIC AWARENESS AND INFORMATION.—The

26 President, acting through the Secretary of Labor, the Sec-
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1 retary of Health and Human Services, the Attorney Gen2 eral, and the Secretary of State, shall establish and carry

3 out programs to increase public awareness, particularly

4 among potential victims of trafficking, of the dangers of

5 trafficking and the protections that are available for vic6 tims of trafficking.

7 (c) CONSULTATION REQUIREMENT.—The President

8 shall consult with appropriate nongovernmental organiza9 tions with respect to the establishment and conduct of ini10 tiatives described in subsections (a) and (b).

11 SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF

12 TRAFFICKING.

13 (a) ASSISTANCE FOR VICTIMS IN OTHER COUN14 TRIES.—

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

16 the Administrator of the United States Agency for

17 International Development, in consultation with ap18 propriate nongovernmental organizations, shall es19 tablish and carry out programs and initiatives in for20 eign countries to assist in the safe integration, re21 integration, or resettlement, as appropriate, of vic22 tims of trafficking and their children and, if appro23 priate, their spouses and parents. Such programs

24 and initiatives shall be designed to meet the mental

25 and physical health, housing, legal, and other assist-
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1 ance needs of such persons and their children, as

2 identified by the Inter-Agency Task Force to Mon3 itor and Combat Trafficking established under sec4 tion 5.

5 (2) ADDITIONAL REQUIREMENT.—In estab6 lishing and conducting programs and initiatives de7 scribed in paragraph (1), the Secretary of State and

8 the Administrator of the United States Agency for

9 International Development shall take all appropriate

10 steps to enhance cooperative efforts among foreign

11 countries, including countries of origin of victims of

12 trafficking, to assist in the integration, reintegra13 tion, or resettlement, as appropriate, of victims of

14 trafficking including stateless victims.

15 (b) VICTIMS IN THE UNITED STATES.—

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

17 appropriations and notwithstanding title IV of the

18 Personal Responsibility and Work Opportunity Rec19 onciliation Act of 1996, the Attorney General, the

20 Secretary of Health and Human Services, the Sec21 retary of Labor, and the Board of Directors of the

22 Legal Services Corporation shall expand existing

23 services to provide assistance to victims of severe

24 forms of trafficking in persons within the United
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1 States, without regard to the immigration status of

2 such victims.

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

4 appropriations and notwithstanding any other provi5 sion of law, victims of severe forms of trafficking in

6 persons in the United States shall be eligible, with7 out regard to their immigration status, for any bene8 fits that are otherwise available under the Crime

9 Victims Fund, established under the Victims of

10 Crime Act of 1984, including victims’ services, com11 pensation, and assistance.

12 (3) GRANTS.—

13 (A) Subject to the availability of appro14 priations, the Attorney General may make

15 grants to States, territories, and possessions of

16 the United States (including the Common17 wealths of Puerto Rico and the Northern Mar18 iana Islands), Indian tribes, units of local gov19 ernment, and nonprofit, nongovernmental vic20 tims’ service organizations to develop, expand,

21 or strengthen victim service programs for vic22 tims of trafficking.

23 (B) To receive a grant under this para24 graph, an eligible unit of government or organi25 zation shall certify that its laws, policies, and
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1 practices, as appropriate, do not punish or deny

2 services to victims of severe forms of trafficking

3 in persons on account of the nature of their

4 work or services performed in connection with

5 such trafficking.

6 (C) Of amounts made available for grants

7 under this paragraph, there shall be set aside 3

8 percent for research, evaluation and statistics; 2

9 percent for training and technical assistance;

10 and 1 percent for management and administra11 tion.

12 (D) The Federal share of a grant made

13 under this paragraph may not exceed 75 per14 cent of the total costs of the projects described

15 in the application submitted.

16 (4) CIVIL ACTION.—An individual who is a vic17 tim of a violation of section 1589 or section 1589A

18 of title 18, United States Code, regarding traf19 ficking, may bring a civil action in United States

20 district court. The court may award actual damages,

21 punitive damages, reasonable attorneys’ fees, and

22 other litigation costs reasonably incurred.

23 (c) TRAFFICKING VICTIM REGULATIONS.—Not later

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

25 the Attorney General and the Secretary of State shall pro-
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1 mulgate regulations for law enforcement personnel, immi2 gration officials, and Department of State officials to im3 plement the following:

4 (1) Victims of severe forms of trafficking, while

5 in the custody of the Federal Government and to the

6 extent practicable, shall—

7 (A) be housed in appropriate housing as

8 quickly as possible;

9 (B) receive prompt medical care, food, and

10 other assistance; and

11 (C) be provided protection if a victim’s

12 safety is at risk or if there is danger of addi13 tional harm by recapture of the victim by a

14 trafficker, including—

15 (i) taking measures to protect traf16 ficked persons and their family members

17 from intimidation and threats of reprisals

18 and reprisals from traffickers and their as19 sociates; and

20 (ii) ensuring that the names and iden21 tifying information of trafficked persons

22 and their family members are not disclosed

23 to the public.

24 (2) Victims of severe forms of trafficking shall

25 not be jailed, fined, or otherwise penalized for un-
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1 lawful acts due to having been trafficked, including

2 for having used false documents, entering the coun3 try without documentation, or working without docu4 mentation.

5 (3) Victims of severe forms of trafficking shall

6 have access to legal assistance, information about

7 their rights, and translation services.

8 (4) Federal law enforcement officials shall act

9 to ensure an alien individual’s continued presence in

10 the United States, if after an assessment, it is deter11 mined that such individual is a victim of trafficking

12 or a material witness, in order to effectuate prosecu13 tion of those responsible and to further the humani14 tarian interests of the United States, and such offi15 cials in investigating and prosecuting traffickers

16 shall protect the safety and integrity of trafficking

17 victims, including taking measures to protect traf18 ficked persons and their family members from in19 timidation, threats of reprisals and reprisals from

20 traffickers and their associates.

21 (5) Appropriate personnel of the Department of

22 State and the Department of Justice are trained in

23 identifying victims of severe forms of trafficking and

24 providing for the protection of such victims. Train25 ing under this paragraph should include methods for
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1 achieving antitrafficking objectives through the non2 discriminatory application of immigration and other

3 related laws.

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

5 be construed as creating any private cause of action

6 against the United States or its offices or employees.

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

8 section 1592 of title 18, United States Code (as added

9 by section 12 of this Act) should be first disbursed to sat10 isfy any judgments awarded victims of trafficking under

11 subsection (b)(4) and section 1591 of title 18, United

12 States Code (as added by such section 12). The remaining

13 funds from asset forfeiture are authorized to be available

14 in equal amounts for the purposes of subsections (a) and

15 (b) and shall remain available for obligation until ex16 pended.

17 (f) PROTECTION FROM REMOVAL FOR CERTAIN VIC18 TIMS OF TRAFFICKING.—

19 (1) NONIMMIGRANT CLASSIFICATION FOR CER20 TAIN VICTIMS OF TRAFFICKING.—Section 101(a)(15)

21 of the Immigration and Nationality Act (8 U.S.C.

22 1101(a)(15)) is amended—

23 (A) by striking ‘‘or’’ at the end of subpara24 graph (R);
28

•S 2449 IS

1 (B) by striking the period at the end of

2 subparagraph (S) and inserting ‘‘; or’’; and

3 (C) by adding at the end the following new

4 subparagraph:

5 ‘‘(T) an alien who the Attorney General

6 determines—

7 ‘‘(i) is physically present in the

8 United States or at a port of entry thereto;

9 ‘‘(ii) is or has been a victim of a se10 vere form of trafficking in persons as de11 fined in section 3 of the Interantional

12 Anti-Trafficking Act of 2000;

13 ‘‘(iii)(I) has not unreasonably refused

14 to assist in the investigation or prosecution

15 of acts of trafficking; or

16 ‘‘(II) has not attained the age of 14

17 years; and

18 ‘‘(iv) would face a significant possi19 bility of retribution or other hardship if re20 moved from the United States,

21 and, if the Attorney General considers it to be

22 appropriate, the spouse, married and unmarried

23 sons and daughters, and parents of an alien de24 scribed in this subparagraph if accompanying,

25 or following to join, the alien, except that no
29

•S 2449 IS

1 person shall be eligible for admission to the

2 United States under this subparagraph if there

3 is substantial reason to believe that the person

4 has committed an act of a severe form of traf5 ficking in persons as defined in section 3 of the

6 Interantional Anti-Trafficking Act of 2000.’’.

7 (2) DUTIES OF THE ATTORNEY GENERAL WITH

8 RESPECT TO ‘‘T’’ VISA NONIMMIGRANTS.—Section

9 101 of the Immigration and Nationality Act (8

10 U.S.C. 1101) is amended by adding at the end the

11 following new subsection:

12 ‘‘(i) With respect to nonimmigrant aliens described

13 in subsection (a)(15)(T)—

14 ‘‘(1) the Attorney General and other govern15 ment officials, where appropriate, shall provide those

16 aliens with referrals to nongovernmental organiza17 tions that would educate the aliens regarding their

18 options while in the United States and the resources

19 available to them; and

20 ‘‘(2) the Attorney General shall, during the pe21 riod those aliens are in lawful temporary resident

22 status under that subsection, grant the aliens au23 thorization to engage in employment in the United

24 States and provide the aliens with an ‘employment
30

•S 2449 IS

1 authorized’ endorsement or other appropriate work

2 permit.’’.

3 (3) WAIVER OF GROUNDS FOR INELIGIBILITY

4 FOR ADMISSION.—Section 212(d) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(d)) is

6 amended by adding at the end the following new

7 paragraph:

8 ‘‘(13) The Attorney General shall determine whether

9 a ground for inadmissibility exists with respect to a non10 immigrant described in section 101(a)(15)(T). The Attor11 ney General, in the Attorney General’s discretion, may

12 waive the application of subsection (a) (other than para13 graph (3)(E)) in the case of a nonimmigrant described in

14 section 101(a)(15)(T), if the Attorney General considers

15 it to be in the national interest to do so. Nothing in this

16 section shall be regarded as prohibiting the Attorney Gen17 eral from instituting removal proceedings against an alien

18 admitted as a nonimmigrant under section 101(a)(15)(T)

19 for material nontrafficking related conduct committed

20 after the alien’s admission into the United States, or for

21 material nontrafficking related conduct or a condition that

22 was not disclosed to the Attorney General prior to the

23 alien’s admission as a nonimmigrant under section

24 101(a)(15)(T).’’.
31

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1 (4) ADJUSTMENT TO PERMANENT RESIDENT

2 STATUS.—Section 245 of the Immigration and Na3 tionality Act (8 U.S.C. 1255) is amended by adding

4 at the end the following new subsection:

5 ‘‘(l)(1) If, in the opinion of the Attorney General, a

6 nonimmigrant admitted into the United States under sec7 tion 101(a)(15)(T)—

8 ‘‘(A) has been physically present in the United

9 States for a continuous period of at least 3 years

10 since the date of admission as a nonimmigrant

11 under section 101(a)(15)(T);

12 ‘‘(B) has, throughout such period, been a per13 son of good moral character;

14 ‘‘(C) has not, during such period, unreasonably

15 refused to provide assistance in the investigation or

16 prosecution of acts of trafficking; and

17 ‘‘(D) would face a significant possibility of ret18 ribution or other hardship if removed from the

19 United States, the Attorney General may adjust the

20 status of the alien (and the spouse, married and un21 married sons and daughters, and parents of the

22 alien if admitted under that section) to that of an

23 alien lawfully admitted for permanent residence if

24 the alien is not described in section 212(a)(3)(E).
32

•S 2449 IS

1 ‘‘(2) An alien shall be considered to have failed to

2 maintain continuous physical presence in the United

3 States under paragraph (1)(A) if the alien has departed

4 from the United States for any period in excess of 90 days

5 or for any periods in the aggregate exceeding 180 days.’’.

6 SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF

7 TRAFFICKING.

8 (a) MINIMUM STANDARDS.—For purposes of this

9 Act, the minimum standards for the elimination of traf10 ficking for a country that is a country of origin, transit,

11 or destination for a significant number of victims are the

12 following standards:

13 (1) The country should prohibit severe forms of

14 trafficking in persons and punish acts of such traf15 ficking.

16 (2) For the knowing commission of any act of

17 sex trafficking involving fraud, force, coercion, or de18 ception, or in which the victim of sex trafficking is

19 a child incapable of giving meaningful consent, or of

20 trafficking which includes rape or kidnapping or

21 which causes a death, the country should prescribe

22 punishment commensurate with that for the most

23 serious crimes, such as forcible sexual assault.

24 (3) For the knowing commission of any act of

25 a severe form of trafficking in persons, the country
33

•S 2449 IS

1 should prescribe punishment which is sufficiently

2 stringent to deter and which adequately reflects the

3 heinous nature of the offense.

4 (4) The country should make serious and sus5 tained efforts to eliminate severe forms of trafficking

6 in persons.

7 (b) CRITERIA.—In determinations of whether a coun8 try is making serious and sustained efforts under sub9 section (a)(4) the following factors should be considered

10 as indicia of a good faith effort to eliminate severe forms

11 of trafficking in persons:

12 (1) Whether the country vigorously investigates

13 and prosecutes acts of severe forms of trafficking in

14 persons that take place wholly or partly within the

15 territory of the country.

16 (2) Whether the country cooperates with other

17 countries in the investigation and prosecution of se18 vere forms of trafficking in persons.

19 (3) Whether the country extradites persons

20 charged with acts of severe forms of trafficking in

21 persons on the same terms and to the same extent

22 as persons charged with other serious crimes.

23 (4) Whether the country monitors immigration

24 and emigration patterns for evidence of severe forms

25 of trafficking in persons and whether law enforce-
34

•S 2449 IS

1 ment agencies of the country respond to any such

2 evidence in a manner which is consistent with the

3 vigorous investigation and prosecution of acts of

4 such trafficking, as well as with the protection of

5 human rights of victims and the internationally rec6 ognized human right to leave and return to one’s

7 own country.

8 (5) Whether the country protects victims of se9 vere forms of trafficking in persons and encourages

10 their assistance in the investigation and prosecution

11 of such trafficking, including provision for legal al12 ternatives to their removal to countries in which they

13 would face retribution or other hardship.

14 (6) Whether the country vigorously investigates

15 and prosecutes public officials who participate in or

16 facilitate severe forms of trafficking in persons, and

17 takes all appropriate measures against officials who

18 condone such trafficking.

19 SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET

20 MINIMUM STANDARDS.

21 The Secretary of State and the Administrator of the

22 United States Agency for International Development are

23 authorized to provide assistance to foreign countries di24 rectly, or through nongovernmental, intergovernmental

25 and multilateral organizations, for programs and activities
35

•S 2449 IS

1 designed to meet the minimum international standards for

2 the elimination of trafficking, including drafting of legisla3 tion to prohibit and punish acts of trafficking, investiga4 tion and prosecution of traffickers, creation and mainte5 nance of facilities, programs, and activities for the protec6 tion of victims, and the expansion of exchange programs

7 and international visitor programs for governmental and

8 nongovernmental personnel to combat trafficking.

9 SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO

10 MEET MINIMUM STANDARDS.

11 (a) STATEMENT OF POLICY.—It is the policy of the

12 United States not to provide nonhumanitarian non-trade

13 foreign assistance to countries which do not meet min14 imum standards for the elimination of trafficking.

15 (b) REPORTS TO CONGRESS.—

16 (1) ANNUAL REPORT.—Not later than April 30

17 of each year, the Secretary of State shall submit to

18 the appropriate congressional committees a report

19 with respect to the status of severe forms of traf20 ficking in persons which shall include a list of those

21 countries, if any, to which the minimum standards

22 for the elimination of trafficking under section 8 are

23 applicable and which do not meet such standards,

24 and which may include additional information, in25 cluding information about efforts to combat traf-
36

•S 2449 IS

1 ficking and about countries which have taken appro2 priate actions to combat trafficking.

3 (2) INTERIM REPORTS.—In addition to the an4 nual report under paragraph (1), the Secretary of

5 State may submit to the appropriate congressional

6 committees one or more interim reports with respect

7 to the status of severe forms of trafficking in per8 sons, including information about countries whose

9 governments have come into or out of compliance

10 with the minimum standards for the elimination of

11 trafficking since the transmission of the last annual

12 report.

13 (c) NOTIFICATION.—For fiscal year 2003 and each

14 subsequent fiscal year, for each foreign country to which

15 the minimum standards for the elimination of trafficking

16 are applicable and which has failed to meet such stand17 ards, as described in an annual or interim report under

18 subsection (b), not less than 45 days and not more than

19 90 days after the submission of such a report, the Presi20 dent shall submit a notification to the appropriate con21 gressional committees of one of the determinations de22 scribed in subsection (d).

23 (d) DETERMINATIONS.—The determinations referred

24 to in subsection (c) are as follows:
37

•S 2449 IS

1 (1) WITHHOLDING OF NONHUMANITARIAN NON2 TRADE ASSISTANCE.—The President has determined

3 that—

4 (A)(i) the United States will not provide

5 nonhumanitarian nontrade foreign assistance to

6 the government of the country for the subse7 quent fiscal year until such government com8 plies with the minimum standards; or

9 (ii) in the case of a country whose govern10 ment received no nonhumanitarian nontrade

11 foreign assistance from the United States dur12 ing the previous fiscal year, the United States

13 will not provide funding for participation by of14 ficials or employees of such governments in edu15 cational and cultural exchange programs for the

16 subsequent fiscal year until such government

17 complies with the minimum standards; and

18 (B) the President will instruct the United

19 States Executive Director of each multilateral

20 development bank to use his or her best efforts

21 to deny, any loan or other utilization of the

22 funds of his or her institution to that country

23 (other than for humanitarian assistance, or for

24 development assistance which directly addresses

25 basic human needs, is not administered by the
38

•S 2449 IS

1 government of the sanctioned country, and con2 fers no benefit to that government) for the sub3 sequent fiscal year until such government com4 plies with the minimum standards.

5 (2) SUBSEQUENT COMPLIANCE.—The Secretary

6 of State has determined that the country has come

7 into compliance with the minimum standards.

8 (3) CONTINUATION OF ASSISTANCE IN THE NA9 TIONAL INTEREST.—Notwithstanding the failure of

10 the country to comply with minimum standards for

11 the elimination of trafficking, the President has de12 termined that the provision of nonhumanitarian

13 nontrade foreign assistance to the country is in the

14 national interest of the United States.

15 (4) EXERCISE OF AUTHORITY.—In the exercise

16 of the authority under paragraph (3), the President

17 may exercise such authority with respect to all for18 eign assistance to a country or with respect to any

19 specific programs, projects, or activities, and the

20 President shall exercise such authority so as to avoid

21 adverse effects on vulnerable populations, including

22 women and children.

23 (e) CERTIFICATION.—Together with any notification

24 under subsection (c), the President shall provide a certifi25 cation by the Secretary of State that, with respect to as-
39

•S 2449 IS

1 sistance described in clause (i), (ii), or (iv) of section

2 3(6)(A) or in section 3(6)(B), no assistance is intended

3 to be received or used by any agency or official who has

4 participated in, facilitated, or condoned a severe form of

5 trafficking in persons.

6 SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.

7 (a) AUTHORITY TO SANCTION TRAFFICKERS IN PER8 SONS.—

9 (1) IN GENERAL.—The President may exercise

10 IEEPA authorities (other than authorities relating

11 to importation) without regard to section 202 of the

12 International Emergency Economic Powers Act (50

13 U.S.C. 1701) in the case of any foreign person who

14 is on the list described in subsection (b).

15 (2) PENALTIES.—The penalties set forth in sec16 tion 206 of the International Emergency Economic

17 Powers Act (50 U.S.C. 1705) apply to violations of

18 any license, order, or regulation issued under para19 graph (1).

20 (3) IEEPA AUTHORITIES.—For purposes of

21 clause (i), the term ‘‘IEEPA authorities’’ means the

22 authorities set forth in section 203(a) of the Inter23 national Emergency Economic Powers Act (50

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

25 (b) LIST OF TRAFFICKERS OF PERSONS.—
40

•S 2449 IS

1 (1) COMPILING LIST OF TRAFFICKERS IN PER2 SONS.—The Secretary of State is authorized to com3 pile a list of the following persons:

4 (A) Any foreign person that plays a signifi5 cant role in a severe form of trafficking in per6 sons, directly or indirectly in the United States

7 or any of its territories or possessions.

8 (B) Foreign persons who materially assist

9 in, or provide financial or technological support

10 for or to, or providing goods or services in sup11 port of, activities of a significant foreign traf12 ficker in persons identified pursuant to sub13 paragraph (A).

14 (C) Foreign persons that are owned, con15 trolled, or directed by, or acting for or on behalf

16 of, a significant foreign trafficker so identified

17 pursuant to subparagraph (A).

18 (2) REVISIONS TO LIST.—The Secretary of

19 State shall make additions or deletions to any list

20 compiled under paragraph (1) on an ongoing basis

21 based on the latest information available.

22 (3) CONSULTATION.—The Secretary of State

23 shall consult with the following officers in carrying

24 out paragraphs (1) and (2).

25 (A) The Attorney General.
41

•S 2449 IS

1 (B) The Director of Central Intelligence.

2 (C) The Director of the Federal Bureau of

3 Investigation.

4 (D) The Secretary of Labor.

5 (E) The Secretary of Health and Human

6 Services.

7 (4) PUBLICATION OF LIST.—Upon compiling

8 the list referred to in paragraph (1) and within 30

9 days of any revisions to such list, the Secretary of

10 State shall submit the list or revisions to such list

11 to the Committees on the International Relations

12 and Judiciary and the Permanent Select Committee

13 on Intelligence of the House of Representatives; and

14 to the Committees on Foreign Relations, the Judici15 ary, and the Select Committee on Intelligence of the

16 Senate; and publish the list or revisions to such list

17 in the Federal Register after such persons on the

18 list have admitted, been convicted, or been formally

19 found to have participated in the acts described in

20 paragraph (1) (A), (B), and (C).

21 (c) REPORT TO CONGRESS ON IDENTIFICATION AND

22 SANCTIONING OF TRAFFICKERS IN PERSONS.—Upon ex23 ercising the authority of subsection (a), the President shall

24 submit a report to the Committees on the International

25 Relations and the Judiciary, and the Permanent Select
42

•S 2449 IS

1 Committee on Intelligence of the House of Representatives

2 and to the Committees on Foreign Relations and the Judi3 ciary, and the Select Committee on Intelligence of the

4 Senate—

5 (1) identifying publicly the foreign persons from

6 the list published under subsection (b)(4) that the

7 President determines are appropriate for sanctions

8 pursuant to this section; and

9 (2) detailing publicly the sanctions imposed

10 pursuant to this section.

11 (d) EXCLUSION OF CERTAIN INFORMATION.—

12 (1) INTELLIGENCE.—Notwithstanding any

13 other provision of this section, the list and report de14 scribed in subsections (b) and (c) shall not disclose

15 the identity of any person, if the Director of Central

16 Intelligence determines that such disclosure could

17 compromise an intelligence operation, activity,

18 source, or method of the United States.

19 (2) LAW ENFORCEMENT.—Notwithstanding any

20 other provision of this section, the list and report de21 scribed in subsections (b) and (c) shall not disclose

22 the name of any person if the Attorney General, in

23 coordination as appropriate with the Director of the

24 Federal Bureau of Investigation, the Administrator

25 of the Drug Enforcement Administration, and the
43

•S 2449 IS

1 Secretary of the Treasury, determines that such dis2 closure could reasonably be expected to—

3 (A) compromise the identity of a confiden4 tial source, including a State, local, or foreign

5 agency or authority or any private institution

6 that furnished information on a confidential

7 basis;

8 (B) jeopardize the integrity or success of

9 an ongoing criminal investigation or prosecu10 tion;

11 (C) endanger the life or physical safety of

12 any person; or

13 (D) cause substantial harm to physical

14 property.

15 (3) NOTIFICATION REQUIRED.—(A) Whenever

16 either the Director of Central Intelligence or the At17 torney General makes a determination under this

18 subsection, the Director of Central Intelligence or

19 the Attorney General shall notify the Permanent Se20 lect Committee on Intelligence of the House of Rep21 resentatives and the Select Committee on Intel22 ligence of the Senate, and explain the reasons for

23 such determination.

24 (B) The notification required under this para25 graph shall be submitted to the Permanent Select
44

•S 2449 IS

1 Committee on Intelligence of the House of Rep2 resentatives and the Select Committee on Intel3 ligence of the Senate not later than July 1, 2001,

4 and on an annual basis thereafter.

5 (e) LAW ENFORCEMENT AND INTELLIGENCE ACTIVI6 TIES NOT AFFECTED.—Nothing in this section prohibits

7 or otherwise limits the authorized law enforcement or in8 telligence activities of the United States or the law en9 forcement activities of any State or subdivision thereof.

10 (f) EXCLUSION OF PERSONS WHO HAVE BENEFITED

11 FROM ILLICIT ACTIVITIES OF TRAFFICKERS IN PER12 SONS.—Section 212(a)(2) of the Immigration and Nation13 ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at

14 the end the following new subparagraph:

15 ‘‘(H) TRAFFICKERS IN PERSONS.—Any

16 alien who—

17 ‘‘(i) is on the most recent list of traf18 fickers provided in section 11 of the Inter19 national Anti-Trafficking Act of 2000, or

20 who the consular officer or the Attorney

21 General knows or has reason to believe is

22 or has been a knowing aider, abettor, as23 sister, conspirator, or colluder with such a

24 trafficker in severe forms of trafficking in
45

•S 2449 IS

1 persons, as defined in the section 3 of such

2 Act; or

3 ‘‘(ii) who the consular officer or the

4 Attorney General knows or has reason to

5 believe is the spouse, son, or daughter of

6 an alien inadmissible under clause (i), has,

7 within the previous 5 years, obtained any

8 financial or other benefit from the illicit

9 activity of that alien, and knew or reason10 ably should have known that the financial

11 or other benefit was the product of such il12 licit activity, is inadmissible.’’.

13 (g) IMPLEMENTATION.—The Secretary of State, the

14 Attorney General, and the Secretary of Treasury are au15 thorized to take such actions as may be necessary to carry

16 out this section, including promulgating rules and regula17 tions permitted under this Act.

18 (h) DEFINITION OF FOREIGN PERSONS.—As used in

19 this section, the term ‘‘foreign person’’ means any citizen

20 or national of a foreign state or any entity not organized

21 under the laws of the United States, including a foreign

22 government official, but does not include a foreign state.
46

•S 2449 IS

1 SEC. 12. STRENGTHENING PROSECUTION AND PUNISH2 MENT OF TRAFFICKERS.

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

4 United States Code, is amended—

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

6 1584—

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

8 ‘‘20 years’’;

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

10 ‘‘If, in addition to the foregoing elements, death

11 results from a violation of this section, or if

12 such violation includes kidnapping or an at13 tempt to kidnap, aggravated sexual abuse or

14 the attempt to commit aggravated sexual abuse,

15 or an attempt to kill, the defendant shall be

16 fined under this title or imprisoned for any

17 term of years or life, or both.’’;

18 (2) by inserting at the end the following:

19 ‘‘§ 1589. Trafficking into involuntary servitude, peon20 age, or slavery-like conditions

21 ‘‘(a) Whoever recruits, harbors, provides, transports,

22 employs, transfers, receives, purchases, sells, or secures,

23 by any means, any person, knowing or having reason to

24 know that the person is or will be subjected to involuntary

25 servitude or peonage or to slavery-like conditions as de26 scribed in subsection (b) of this section, or in any way,
47

•S 2449 IS

1 financially or otherwise, knowingly benefits from, or

2 makes use of, the labor or services of a person subjected

3 to a condition of involuntary servitude, peonage, or slav4 ery-like conditions, shall be fined under this title or impris5 oned not more than 20 years, or both; and if, in addition

6 to the foregoing elements, death results from an act com7 mitted in violation of this section, or if such act includes

8 kidnapping or an attempt to kidnap, aggravated sexual

9 abuse or the attempt to commit aggravated sexual abuse,

10 or an attempt to kill, shall be fined under this title or

11 imprisoned for any term of years or life, or both.

12 ‘‘(b) In this section—

13 ‘‘(1) the term ‘slavery-like conditions’ means

14 that the labor or services of a person are obtained

15 or maintained through any scheme or artifice to de16 fraud, by debt bondage, by subjection of the person

17 to conditions so harsh or degrading as to provide a

18 clear indication that the person has been subjected

19 to them by force, fraud, or coercion, or by means of

20 any plan or pattern, including false and fraudulent

21 pretense and misrepresentations, such that the per22 son reasonably believes that if he did not perform

23 the act, labor, or services, serious harm would be in24 flicted on himself or on another person, or the per-
48

•S 2449 IS

1 son reasonably believes that the person has no op2 tion but to perform the act, labor, or services; and

3 ‘‘(2) the term ‘debt bondage’ means a relation4 ship in which labor or services are pledged for debt

5 on terms calculated never to allow full payment of

6 the debt or otherwise amounting to indentured ser7 vitude for life or for an indefinite period.

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

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

10 been duly convicted.

11 ‘‘§ 1589A. Sex trafficking of children or by force,

12 fraud, or coercion

13 ‘‘(a) IN GENERAL.—Whoever—

14 ‘‘(1) recruits, entices, harbors, provides, trans15 ports, employs, transfers, receives, purchases, sells,

16 or secures, by any means, any person, or

17 ‘‘(2) owns, manages, or operates the premises,

18 or shares in the proceeds of an enterprise in which

19 a person has been recruited, enticed, harbored, pur20 chased, sold, transported, or transferred,

21 knowing or having reason to know that the person will

22 be caused by force, fraud, or coercion to engage in a com23 mercial sex act, or that the person has not attained the

24 age of 18 years and will be caused or expected to engage
49

•S 2449 IS

1 in a commercial sexual act, shall be punished as provided

2 in subsection (b).

3 ‘‘(b) PUNISHMENT.—The punishment for an offense

4 under subsection (a) is—

5 ‘‘(1) if the offense was effected by fraud, force,

6 or coercion, or if the person transported had not at7 tained the age of 14 years at the time of such of8 fense, by a fine under this title or imprisonment for

9 any term of years or for life, or both; or

10 ‘‘(2) if the offense was not effected by fraud,

11 force, or coercion, and the person transported had

12 attained the age of 14 years but had not attained

13 the age of 18 years at the time of such offense, by

14 a fine under this title or imprisonment for not more

15 than 20 years, or both.

16 ‘‘(c) DEFINITION OF COMMERCIAL SEX ACT.—In

17 this section, the term ‘commercial sex act’ means any sex

18 act, whereby anything of value is given to or received by

19 any person, and—

20 ‘‘(1) which takes place in the United States;

21 ‘‘(2) which affects United States foreign com22 merce; or

23 ‘‘(3) in which either the person caused or ex24 pected to participate in the act or the person com25 mitting the violation is a United States citizen or an
50

•S 2449 IS

1 alien admitted for permanent residence in the

2 United States.

3 ‘‘§ 1590. Unlawful possession of documents in further4 ance of trafficking, involuntary servitude,

5 peonage, or slavery-like conditions

6 ‘‘(a) Except as provided in subsection (b), whoever

7 destroys, conceals, removes, confiscates, or possesses any

8 identification, passport, or other immigration documents,

9 or any other documentation of another person—

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

11 which facilitate a violation of section 1581, 1583,

12 1584, 1589, or 1589A or a conspiracy or attempt to

13 commit such a violation; or

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

15 prosecution of a violation of any section described in

16 paragraph (1);

17 ‘‘(3) to prevent or restrict, without lawful au18 thority, the person’s liberty to move or travel in

19 interstate or foreign commerce,

20 shall be fined under this title or imprisoned for not more

21 than 5 years, or both.

22 ‘‘(b) The provisions of subsection (a) shall not apply

23 to persons who have been trafficked as defined in section

24 7(c)(2) of the International Anti-Trafficking Act of 2000.
51

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1 ‘‘§ 1591. Mandatory restitution

2 ‘‘(a) Notwithstanding section 3663 or 3663A, and in

3 addition to any other civil or criminal penalties authorized

4 by law, the court shall order restitution for any offense

5 under this chapter.

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

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

8 appropriate court mechanism) the full amount of the vic9 tim’s losses, as determined by the court under paragraph

10 (3) of this subsection.

11 ‘‘(2) An order of restitution under this section shall

12 be issued and enforced in accordance with section 3664

13 in the same manner as an order under section 3663A.

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

15 of the victim’s losses’ has the same meaning as provide

16 in section 2259(b)(3) and shall in addition include the

17 greater of the gross income or value to the defendant of

18 the victim’s services or labor or the value of the victim’s

19 labor as guaranteed under the minimum wage and over20 time guarantees of the Fair Labor Standards Act (29

21 U.S.C. 201, et seq.).

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

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

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

25 18 years of age, incompetent, incapacitated, or deceased,

26 the legal guardian of the victim or a representative of the
52

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

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

3 shall the defendant be named such representative or

4 guardian.

5 ‘‘§ 1592. General provisions

6 ‘‘(a) In a prosecution under section 1581, 1583,

7 1584, or 1589, a condition of involuntary servitude or pe8 onage may be established by proof that the defendant ob9 tained or maintained the labor or service of any person—

10 ‘‘(1) by the use, or threatened use, of force, vio11 lence, physical restraint, or physical injury, or by ex12 tortion or the abuse of threatened abuse of law or

13 the legal process;

14 ‘‘(2) through representations made to any per15 son that physical harm may occur to that person, or

16 to another, in an effort to wrongfully obtain or

17 maintain the labor or services of that person; or

18 ‘‘(3) by the use of fraud, deceit, or misrepresen19 tation toward any person in an effort to wrongfully

20 obtain or maintain the labor or services of that per21 son.

22 ‘‘(b) An attempt or conspiracy to violate section

23 1581, 1583, 1584, 1589, or 1589A shall be punishable

24 in the same manner as a completed violation of each of

25 these sections, respectively.
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1 ‘‘(c)(1) The court, in imposing sentence on any per2 son convicted of a violation of this chapter, shall order,

3 in addition to any other sentence imposed and irrespective

4 of any provision of State law, that such person shall forfeit

5 to the United States—

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

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

8 used to commit or to facilitate the commission of

9 such violation; and

10 ‘‘(B) any property, real or personal, consti11 tuting or derived from, any proceeds that such per12 son obtained, directly or indirectly, as a result of

13 such violation.

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

15 subsection, any seizure and disposition thereof, and any

16 administrative or judicial proceeding in relation thereto,

17 shall follow the guidelines of section 7(e) of the Inter18 national Anti-Trafficking Act of 2000.

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

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

21 them—

22 ‘‘(A) any property, real or personal, used or in23 tended to be used to commit or to facilitate the com24 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.

7 ‘‘(f) WITNESS PROTECTION.—Any violation of this

8 chapter shall be considered an organized criminal activity

9 or other serious offense for the purposes of application of

10 chapter 224 (relating to witness protection).’’; and

11 (3) by amending the table of sections at the be12 ginning of chapter 77 by adding at the end the fol13 lowing 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.’’.

14 (b) AMENDMENT TO THE SENTENCING GUIDE15 LINES.—

16 (1) Pursuant to its authority under section 994

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

18 with this section, the United States Sentencing Com19 mission shall review and, if appropriate, amend the

20 sentencing guidelines and policy statements applica21 ble to persons convicted of offenses involving the

22 trafficking of persons including component or related
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1 crimes of peonage, involuntary servitude, slave trade

2 offenses, and possession, transfer or sale of false im3 migration documents in furtherance of trafficking,

4 and the Fair Labor Standards Act and the Migrant

5 and Seasonal Agricultural Worker Protection Act.

6 (2) In carrying out this subsection, the Sen7 tencing Commission shall—

8 (A) take all appropriate measures to en9 sure that these sentencing guidelines and policy

10 statements applicable to the offenses described

11 in paragraph (1) of this subsection are suffi12 ciently stringent to deter and adequately reflect

13 the heinous nature of such offenses;

14 (B) consider conforming the sentencing

15 guidelines applicable to offenses involving traf16 ficking in persons to the guidelines applicable to

17 peonage, involuntary servitude, and slave trade

18 offenses; and

19 (C) consider providing sentencing enhance20 ments for those convicted of the offenses de21 scribed in paragraph (1) of this subsection

22 that—

23 (i) involve a large number of victims;

24 (ii) involve a pattern of continued and

25 flagrant violations;
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1 (iii) involve the use or threatened use

2 of a dangerous weapon; or

3 (iv) result in the death or bodily in4 jury of any person.

5 (3) The Commission may promulgate the guide6 lines or amendments under this subsection in ac7 cordance with the procedures set forth in section

8 21(a) of the Sentencing Act of 1987, as though the

9 authority under that Act had not expired.

10 (c) RACKETEERING.—Section 1961(1) of title 18,

11 United States Code, is amended by inserting ‘‘section

12 1589 (relating to trafficking into involuntary servitude,

13 peonage, or slavery-like conditions), section 1589A (relat14 ing to sex trafficking of children or by force, fraud, or

15 coercion),’’ after ‘‘murder-for-hire),’’.

16 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

17 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

18 INTERAGENCY TASK FORCE.—To carry out the purposes

19 of section 5, there are authorized to be appropriated to

20 the Secretary of State $1,500,000 for fiscal year 2001 and

21 $3,000,000 for fiscal year 2002.

22 (b) AUTHORIZATION OF APPROPRIATIONS TO THE

23 SECRETARY OF HEALTH AND HUMAN SERVICES.—To

24 carry out the purposes of section 7(b), there are author25 ized to be appropriated to the Secretary of Health and
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1 Human Services $5,000,000 for fiscal year 2001 and

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

3 (c) AUTHORIZATION OF APPROPRIATIONS TO THE

4 SECRETARY OF STATE.—

5 (1) ASSISTANCE FOR VICTIMS IN OTHER COUN6 TRIES.—To carry out the purposes of section 7(a),

7 there are authorized to be appropriated to the Sec8 retary of State $5,000,000 for fiscal year 2001 and

9 $10,000,000 for fiscal year 2002.

10 (2) VOLUNTARY CONTRIBUTIONS TO OSCE.—To

11 carry out the purposes of section 9, there are au12 thorized to be appropriated to the Secretary of State

13 $300,000 for voluntary contributions to advance

14 projects aimed at preventing trafficking, promote re15 spect for human rights of trafficking victims, and

16 assisting the Organization for Security and Coopera17 tion in Europe participating states in related legal

18 reform for fiscal year 2001.

19 (3) PREPARATION OF ANNUAL COUNTRY RE20 PORTS ON HUMAN RIGHTS.—To carry out the pur21 poses of section 4, there are authorized to be appro22 priated to the Secretary of State such sums as may

23 be necessary to include the additional information

24 required by that section in the annual Country Re25 ports on Human Rights Practices, including the
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1 preparation and publication of the list described in

2 subsection (a)(1) of that section.

3 (d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR4 NEY GENERAL.—To carry out the purposes of section

5 7(b), there are authorized to be appropriated to the Attor6 ney General $5,000,000 for fiscal year 2001 and

7 $10,000,000 for fiscal year 2002.

8 (e) AUTHORIZATION OF APPROPRIATIONS TO PRESI9 DENT.—

10 (1) FOREIGN VICTIM ASSISTANCE.—To carry

11 out the purposes of section 6, there are authorized

12 to be appropriated to the President $5,000,000 for

13 fiscal year 2001 and $10,000,000 for fiscal year

14 2002.

15 (2) ASSISTANCE TO FOREIGN COUNTRIES TO

16 MEET MINIMUM STANDARDS.—To carry out the pur17 poses of section 9, there are authorized to be appro18 priated to the President $5,000,000 for fiscal year

19 2001 and $10,000,000 for fiscal year 2002.

20 (f) AUTHORIZATION OF APPROPRIATIONS TO THE

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

22 section 7(b), there are authorized to be appropriated to

23 the Secretary of Labor $5,000,000 for fiscal year 2001

24 and $10,000,000 for fiscal year 2002.

Æ