II

106TH CONGRESS

2D SESSION S. 2414

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, through prosecution and enforcement against

traffickers, and through protection and assistance to victims of trafficking.

IN THE SENATE OF THE UNITED STATES

APRIL 12, 2000

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, especially into the sex

trade, slavery, and slavery-like conditions, in the United

States and countries around the world through prevention, through 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 ‘‘Trafficking Victims Protection 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; interim reports.

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) Millions of people every year, primarily

11 women and children, are trafficked within or across

12 international borders. Approximately 50,000 women

13 and children are trafficked into the United States

14 each year.

15 (2) Many of these persons are trafficked into

16 the international sex trade, often by means of force,

17 fraud, or coercion. The sex industry has rapidly ex18 panded over the past several decades. It involves sex19 ual exploitation of persons, predominantly women
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1 and girls, within activities related to prostitution,

2 pornography, sex tourism, and other commercial sex3 ual services. The rapid expansion of the sex industry

4 and the low status of women in many parts of the

5 world have contributed to a burgeoning of the traf6 ficking industry.

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

8 sex industry. Such trafficking also involves forced

9 labor and other violations of internationally recog10 nized human rights. The worldwide trafficking of

11 persons is a growing transnational crime, migration,

12 economics, labor, public health, and human rights

13 problem that is significant on nearly every continent.

14 (4) Traffickers primarily target women and

15 girls, who are disproportionately affected by poverty,

16 lack of access to education, chronic unemployment,

17 discrimination, and lack of viable economic opportu18 nities in countries of origin. Traffickers lure women

19 and girls into their networks through false promises

20 of decent working conditions at relatively good pay

21 as nannies, maids, dancers, factory workers, res22 taurant workers, sales clerks, or models. Traffickers

23 also buy children from poor families and sell them

24 into prostitution or into various types of forced or

25 bonded labor.
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1 (5) Traffickers often facilitate victims’ move2 ment from their home communities to unfamiliar

3 destinations, away from family and friends, religious

4 institutions, and other sources of protection and sup5 port, making the victims more vulnerable.

6 (6) Victims are often forced to engage in sex

7 acts or to perform labor or other services through

8 physical violence, including rape and other forms of

9 sexual abuse, torture, starvation, and imprisonment,

10 through threats of violence, and through other forms

11 of psychological abuse and coercion.

12 (7) Traffickers often make representations to

13 their victims that physical harm may occur to them

14 or to others should the victim escape or attempt to

15 escape. Such representations can have the same co16 ercive effects on victims as specific threats to inflict

17 such harm.

18 (8) Trafficking in persons is perpetrated in19 creasingly by organized and sophisticated criminal

20 enterprises. Such trafficking is the fastest growing

21 source of profits for organized criminal enterprises

22 worldwide. Profits from the trafficking industry con23 tribute to the expansion of organized criminal activ24 ity in the United States and around the world. Traf25 ficking often is aided by official corruption in coun-
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1 tries of origin, transit, and destination, thereby

2 threatening the rule of law.

3 (9) Trafficking, when it involves the involuntary

4 participation of another person in sex acts by means

5 of fraud, force, or coercion, includes all the elements

6 of the crime of forcible rape.

7 (10) Trafficking also involves violations of other

8 laws, including labor and immigration codes and

9 laws against kidnapping, slavery, false imprison10 ment, assault, battery, pandering, fraud, and extor11 tion.

12 (11) Trafficking exposes victims to serious

13 health risk. Women and children trafficked into the

14 sex industry are exposed to deadly diseases, includ15 ing HIV and AIDS. Trafficking victims are some16 times worked or physically brutalized to death.

17 (12) Trafficking in persons involving slavery18 like practices substantially affects interstate and for19 eign commerce. The United States must take action

20 to eradicate the substantial burdens on commerce

21 that result from trafficking in persons and to pre22 vent the channels of commerce from being used for

23 immoral and injurious purposes.

24 (13) Trafficking of persons in all its forms is

25 an evil requiring concerted and vigorous action by
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1 countries of origin, transit or destination, and by

2 international organizations.

3 (14) Existing legislation and law enforcement in

4 the United States and in other countries have

5 proved inadequate to deter trafficking and to bring

6 traffickers to justice, principally because such legis7 lation and enforcement do not reflect the gravity of

8 the offenses involved. No comprehensive law exists in

9 the United States that penalizes the range of of10 fenses involved in the trafficking scheme. Instead,

11 even the most brutal instances of trafficking into the

12 sex industry are often punished under laws that also

13 apply to lesser offenses such as consensual sexual

14 activity and illegal immigration, so that traffickers

15 typically escape severe punishment.

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

17 the crime of trafficking in persons is not reflected in

18 current sentencing guidelines for component crimes

19 of the trafficking scheme, which results in weak pen20 alties for convicted traffickers. Additionally adequate

21 services and facilities do not exist to meet the health

22 care, housing, education, and legal assistance needs

23 for the safe reintegration of domestic trafficking vic24 tims.
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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 active official

4 participation in trafficking.

5 (17) Because existing laws and law enforcement

6 procedures often fail to make clear distinctions be7 tween victims of trafficking and persons who have

8 knowingly and willfully violated laws, and because

9 such victims often do not have legal immigration

10 status in the countries into which they are traf11 ficked, the victims are often punished more harshly

12 than the traffickers themselves.

13 (18) Because victims of trafficking are fre14 quently unfamiliar with the laws, cultures, and lan15 guages of the countries into which they have been

16 trafficked, and because they are often subjected to

17 coercion and intimidation including physical deten18 tion, debt bondage, fear of retribution, and fear of

19 forcible removal to countries in which they will face

20 retribution or other hardship, these victims often

21 find it difficult or impossible to report the crimes

22 committed against them or to assist in the investiga23 tion and prosecution of such crimes.

24 (19) The United States and the international

25 community are in agreement that trafficking in per-
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1 sons involves grave violations of human rights and

2 is a matter of pressing international concern. The

3 international community has repeatedly condemned

4 slavery and involuntary servitude, violence against

5 women, and other elements of trafficking, through

6 declarations, treaties, United Nations resolutions

7 and reports, including the Universal Declaration of

8 Human Rights; the 1956 Supplementary Convention

9 on the Abolition of Slavery, the Slave Trade, and In10 stitutions and Practices Similar to Slavery; the 1957

11 Abolition of Forced Labor Convention; the Inter12 national Covenant on Civil and Political Rights; the

13 Convention on the Elimination of All Forms of Dis14 crimination Against Women; the Convention Against

15 Torture and Other Cruel, Inhuman or Degrading

16 Treatment or Punishment; United Nations General

17 Assembly Resolutions 50/167, 51/66, and 52/98; the

18 Final Report of the World Congress against Sexual

19 Exploitation of Children (Stockholm, 1996); the

20 Fourth World Conference on Women (Beijing,

21 1995); and the 1991 Moscow Document of the Or22 ganization for Security and Cooperation in Europe.

23 (20) Trafficking in persons is a transnational

24 crime with national implications. In order to deter

25 international trafficking and to bring its perpetra-
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1 tors to justice, nations including the United States

2 must recognize that trafficking is a serious offense

3 by prescribing appropriate punishment, by giving

4 priority to investigation and prosecution of traf5 ficking offenses, and by protecting rather than pun6 ishing the victims of such offenses. The United

7 States must work bilaterally and multilaterally to

8 abolish the trafficking industry by taking steps to

9 promote and facilitate cooperation among countries

10 linked together by international trafficking routes.

11 The United States must also urge the international

12 community to take strong action in multilateral fora

13 to engage recalcitrant countries in serious and sus14 tained efforts to eliminate trafficking and protect

15 trafficking victims.

16 SEC. 3. DEFINITIONS.

17 In this Act:

18 (1) ACT OF A SEVERE FORM OF TRAFFICKING

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

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

21 in the process of a severe form of trafficking in per22 sons, including—

23 (A) any act of recruitment, harboring,

24 transport, provision, employment, securing,
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1 transfer, purchase, sale or receipt of a victim of

2 such trafficking; or

3 (B) any act of—

4 (i) operation, management, or owner5 ship of an enterprise in which a victim of

6 such trafficking engages in a commercial

7 sex act, is subjected to slavery or a slavery8 like practice, or is expected or induced to

9 engage in such acts or be subjected to such

10 condition or practice; or

11 (ii) sharing in the profits of a severe

12 form of trafficking in persons or any part

13 thereof.

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Foreign Relations

17 of the Senate and the Committee on International

18 Relations of the House of Representatives.

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

20 the use of force, violence, physical restraint, decep21 tion, or acts or circumstances not necessarily includ22 ing physical force but calculated to have the same

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

24 infliction of serious harm.
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1 (4) COMMERCIAL SEX ACT.—The term ‘‘com2 mercial sex act’’ means any sex act whereby any3 thing of value is given to or received by any person.

4 (5) MINIMUM STANDARDS FOR THE ELIMI5 NATION OF TRAFFICKING.—The term ‘‘minimum

6 standards for the elimination of trafficking’’ means

7 the standards set forth in section 8.

8 (6) SEVERE FORMS OF TRAFFICKING IN PER9 SONS.—The term ‘‘severe forms of trafficking in

10 persons’’ means—

11 (A) sex trafficking in which either a com12 mercial sex act or any act or event contributing

13 to such act is effected or induced by fraud,

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

15 person induced to perform such act has not at16 tained 18 years of age; or

17 (B) the recruitment, harboring, provision,

18 transportation, employment, transfer, receipt,

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

20 person, through the use of force, coercion,

21 fraud, or deception, for the purpose of subjec22 tion to involuntary servitude, peonage, or slav23 ery or slavery-like practices.

24 (7) SEX TRAFFICKING.—The term ‘‘sex traf25 ficking’’ means the purchase, sale, recruitment, har-
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1 boring, transportation, transfer, or receipt of a per2 son for the purpose of a commercial sex act.

3 (8) SLAVERY-LIKE PRACTICES.—The term

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

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

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

7 pattern to cause the person to believe that failure to

8 perform the work will result in—

9 (A) the infliction of serious harm;

10 (B) debt bondage in which labor or serv11 ices are pledged for debt on terms calculated

12 never to allow full payment of the debt or oth13 erwise amounting to indentured servitude for

14 life or for an indefinite period; or

15 (C) subjection of the person to conditions

16 so harsh or degrading as to provide a clear indi17 cation that the person has been subjected to

18 them by force, fraud, or coercion.

19 (9) VICTIM OF TRAFFICKING.—The term ‘‘vic20 tim of trafficking’’ means a person subjected to an

21 act or practice described in paragraph (6) or (7).

22 (10) VICTIM OF A SEVERE FORM OF TRAF23 FICKING.—The term ‘‘victim of a severe form of

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

25 practice described in paragraph (6).
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1 SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

2 PRACTICES; INTERIM REPORTS.

3 (a) ANNUAL COUNTRY REPORTS.—The Secretary of

4 State, with the assistance of the Assistant Secretary of

5 Democracy, Human Rights and Labor, shall, as part of

6 the annual Country Reports on Human Rights Practices,

7 include information on the status of trafficking in persons,

8 including the following information:

9 (1) A list of foreign countries that are countries

10 of origin, transit, or destination for a significant

11 number of victims of severe forms of trafficking and

12 which do not meet the minimum standards set forth

13 in section 8.

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

15 severe forms of trafficking in persons in each coun16 try.

17 (3) An assessment of the efforts by the govern18 ments described in paragraph (1) to combat severe

19 forms of trafficking. Such an assessment shall

20 address—

21 (A) whether any governmental authorities

22 tolerate or are involved in such trafficking;

23 (B) which governmental authorities are in24 volved in activities to combat such trafficking;
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1 (C) what steps the government has taken

2 against its officials who participate in, facili3 tate, or condone such trafficking;

4 (D) what steps the government has taken

5 to investigate and prosecute officials who par6 ticipate in or facilitate such trafficking;

7 (E) what steps the government has taken

8 to prohibit other individuals from participating

9 in such trafficking, including the investigation,

10 prosecution, and conviction of individuals in11 volved in severe forms of trafficking in persons,

12 the criminal and civil penalties for such traf13 ficking, and the efficacy of those penalties in

14 eliminating or reducing such trafficking;

15 (F) what steps the government has taken

16 to assist victims of such trafficking, including

17 efforts to prevent victims from being further

18 victimized by traffickers, government officials,

19 or others, grants of stays of deportation, and

20 provision of humanitarian relief, including pro21 vision of mental and physical health care and

22 shelter;

23 (G) whether the government—
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1 (i) is cooperating with governments of

2 other countries to extradite traffickers

3 when requested;

4 (ii) is assisting in international inves5 tigations of transnational trafficking net6 works and in other cooperative efforts to

7 combat trafficking;

8 (iii) refrains from prosecuting victims

9 of severe forms of trafficking and from

10 other discriminatory treatment of such vic11 tims due to such victims having been traf12 ficked, or due to their having left or en13 tered the country illegally; and

14 (iv) recognizes the rights of victims

15 and ensures their access to justice.

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

17 where appropriate, in paragraph (3) shall be in18 cluded in the annual Country Reports on Human

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

20 (5) In addition to the information described in

21 this section, the Annual Country Reports on Human

22 Rights Practices may contain such other information

23 relating to trafficking in persons as the Secretary

24 determines to be appropriate.
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1 (b) INTERIM REPORTS.—In addition to the list pro2 vided under subsection (a)(1), the Secretary of State, in

3 the capacity as chair of the Interagency Task Force, may

4 submit to the appropriate congressional committees 1 or

5 more interim reports with respect to the status of severe

6 forms of trafficking in persons, including information

7 about countries whose governments have come into or out

8 of compliance with the minimum standards for the elimi9 nation of trafficking since the transmission of the last an10 nual report.

11 SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COM12 BAT TRAFFICKING.

13 (a) ESTABLISHMENT.—The President shall establish

14 an Interagency Task Force to Monitor and Combat Traf15 ficking (in this Act referred to as the ‘‘Task Force’’).

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

17 members of the Task Force, which shall include the Sec18 retary of State, the Administrator of the United States

19 Agency for International Development, the Attorney Gen20 eral, the Secretary of Labor, the Secretary of Health and

21 Human Services, the Director of Central Intelligence, and

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

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

24 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 SEC. 6. PREVENTION OF TRAFFICKING.

23 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

24 DETER TRAFFICKING.—The President, acting through

25 the Administrator of the United States Agency for Inter-
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1 national Development and the heads of other appropriate

2 agencies, shall establish and carry out initiatives to en3 hance economic opportunity for potential victims of traf4 ficking as a method to deter trafficking. Such initiatives

5 may include—

6 (1) microcredit lending programs, training in

7 business development, skills training, and job coun8 seling;

9 (2) programs to promote women’s participation

10 in economic decisionmaking;

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

12 in elementary and secondary schools, and to educate

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

14 trafficking;

15 (4) development of educational curricula re16 garding the dangers of trafficking; and

17 (5) grants to nongovernmental organizations to

18 accelerate and advance the political, economic, so19 cial, and educational roles and capacities of women

20 in their countries.

21 (b) PUBLIC AWARENESS AND INFORMATION.—The

22 President, acting through the Secretary of Labor, the Sec23 retary of Health and Human Services, the Attorney Gen24 eral, and the Secretary of State, shall establish and carry

25 out programs to increase public awareness, particularly
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1 among potential victims of trafficking, of the dangers of

2 trafficking and the protections that are available for vic3 tims of trafficking.

4 (c) CONSULTATION REQUIREMENT.—The President

5 shall consult with appropriate nongovernmental organiza6 tions with respect to the establishment and conduct of ini7 tiatives described in subsections (a) and (b).

8 SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF

9 TRAFFICKING.

10 (a) ASSISTANCE FOR VICTIMS IN OTHER COUN11 TRIES.—

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

13 the Administrator of the United States Agency for

14 International Development, in consultation with ap15 propriate nongovernmental organizations, shall es16 tablish and carry out programs and initiatives in for17 eign countries to assist in the safe integration, re18 integration, or resettlement, as appropriate, of vic19 tims of trafficking and their children and, if appro20 priate, their spouses and parents. Such programs

21 and initiatives shall be designed to meet the mental

22 and physical health, housing, legal, and other assist23 ance needs of such persons and their children, as

24 identified by the Inter-Agency Task Force to Mon-
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1 itor and Combat Trafficking established under sec2 tion 5.

3 (2) ADDITIONAL REQUIREMENT.—In estab4 lishing and conducting programs and initiatives de5 scribed in paragraph (1), the Secretary of State and

6 the Administrator of the United States Agency for

7 International Development shall take all appropriate

8 steps to enhance cooperative efforts among foreign

9 countries, including countries of origin of victims of

10 trafficking, to assist in the integration, reintegra11 tion, or resettlement, as appropriate, of victims of

12 trafficking including stateless victims.

13 (b) VICTIMS IN THE UNITED STATES.—

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

15 appropriations and notwithstanding title IV of the

16 Personal Responsibility and Work Opportunity Rec17 onciliation Act of 1996, the Attorney General, the

18 Secretary of Health and Human Services, the Sec19 retary of Labor, and the Board of Directors of the

20 Legal Services Corporation shall expand existing

21 services to provide assistance to victims of severe

22 forms of trafficking in persons within the United

23 States, without regard to the immigration status of

24 such victims.
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1 (2) BENEFITS.—Subject to the availability of

2 appropriations and notwithstanding any other provi3 sion of law, victims of severe forms of trafficking in

4 persons in the United States shall be eligible, with5 out regard to their immigration status, for any bene6 fits that are otherwise available under the Crime

7 Victims Fund, established under the Victims of

8 Crime Act of 1984, including victims’ services, com9 pensation, and assistance.

10 (3) GRANTS.—

11 (A) Subject to the availability of appro12 priations, the Attorney General may make

13 grants to States, territories, and possessions of

14 the United States (including the Common15 wealths of Puerto Rico and the Northern Mar16 iana Islands), Indian tribes, units of local gov17 ernment, and nonprofit, nongovernmental vic18 tims’ service organizations to develop, expand,

19 or strengthen victim service programs for vic20 tims of trafficking.

21 (B) To receive a grant under this para22 graph, an eligible unit of government or organi23 zation shall certify that its laws, policies, and

24 practices, as appropriate, do not punish or deny

25 services to victims of severe forms of trafficking
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1 in persons on account of the nature of their

2 work or services performed in connection with

3 such trafficking.

4 (C) Of amounts made available for grants

5 under this paragraph, there shall be set aside 3

6 percent for research, evaluation and statistics; 2

7 percent for training and technical assistance;

8 and 1 percent for management and administra9 tion.

10 (D) The Federal share of a grant made

11 under this paragraph may not exceed 75 per12 cent of the total costs of the projects described

13 in the application submitted.

14 (4) CIVIL ACTION.—An individual who is a vic15 tim of a violation of section 1589 or section 1589A

16 of title 18, United States Code, regarding traf17 ficking, may bring a civil action in United States

18 district court. The court may award actual damages,

19 punitive damages, reasonable attorneys’ fees, and

20 other litigation costs reasonably incurred.

21 (c) TRAFFICKING VICTIM REGULATIONS.—Not later

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

23 the Attorney General and the Secretary of State shall pro24 mulgate regulations for law enforcement personnel, immi-
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1 gration officials, and Department of State officials to im2 plement the following:

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

4 in the custody of the Federal Government and to the

5 extent practicable, shall—

6 (A) be housed in appropriate housing as

7 quickly as possible;

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

9 other assistance; and

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

11 safety is at risk or if there is danger of addi12 tional harm by recapture of the victim by a

13 trafficker, including—

14 (i) taking measures to protect traf15 ficked persons and their family members

16 from intimidation and threats of reprisals

17 and reprisals from traffickers and their as18 sociates; and

19 (ii) ensuring that the names and iden20 tifying information of trafficked persons

21 and their family members are not disclosed

22 to the public.

23 (2) Victims of severe forms of trafficking shall

24 not be jailed, fined, or otherwise penalized for un25 lawful acts due to having been trafficked, including
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1 for having used false documents, entering the coun2 try without documentation, or working without docu3 mentation.

4 (3) Victims of severe forms of trafficking shall

5 have access to legal assistance, information about

6 their rights, and translation services.

7 (4) Federal law enforcement officials shall act

8 to ensure an alien individual’s continued presence in

9 the United States, if after an assessment, it is deter10 mined that such individual is a victim of trafficking

11 or a material witness, in order to effectuate prosecu12 tion of those responsible and to further the humani13 tarian interests of the United States, and such offi14 cials in investigating and prosecuting traffickers

15 shall protect the safety and integrity of trafficking

16 victims, including taking measures to protect traf17 ficked persons and their family members from in18 timidation, threats of reprisals and reprisals from

19 traffickers and their associates.

20 (5) Appropriate personnel of the Department of

21 State and the Department of Justice are trained in

22 identifying victims of severe forms of trafficking and

23 providing for the protection of such victims. Train24 ing under this paragraph should include methods for

25 achieving antitrafficking objectives through the non-
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1 discriminatory application of immigration and other

2 related laws.

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

4 be construed as creating any private cause of action

5 against the United States or its offices or employees.

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

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

8 by section 12 of this Act) should be first disbursed to sat9 isfy any judgments awarded victims of trafficking under

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

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

12 funds from asset forfeiture are authorized to be available

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

14 (b) and shall remain available for obligation until ex15 pended.

16 (f) PROTECTION FROM REMOVAL FOR CERTAIN VIC17 TIMS OF TRAFFICKING.—

18 (1) NONIMMIGRANT CLASSIFICATION FOR CER19 TAIN VICTIMS OF TRAFFICKING.—Section 101(a)(15)

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

21 1101(a)(15)) is amended—

22 (A) by striking ‘‘or’’ at the end of subpara23 graph (R);

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

25 subparagraph (S) and inserting ‘‘; or’’; and
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1 (C) by adding at the end the following new

2 subparagraph:

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

4 determines—

5 ‘‘(i) is physically present in the

6 United States or at a port of entry thereto;

7 ‘‘(ii) is or has been a victim of a se8 vere form of trafficking in persons as de9 fined in section 3 of the Trafficking Vic10 tims Protection Act of 2000;

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

12 to assist in the investigation or prosecution

13 of acts of trafficking; or

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

15 years; and

16 ‘‘(iv) would face a significant possi17 bility of retribution or other hardship if re18 moved from the United States,

19 and, if the Attorney General considers it to be

20 appropriate, the spouse, married and unmarried

21 sons and daughters, and parents of an alien de22 scribed in this subparagraph if accompanying,

23 or following to join, the alien, except that no

24 person shall be eligible for admission to the

25 United States under this subparagraph if there
28

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1 is substantial reason to believe that the person

2 has committed an act of a severe form of traf3 ficking in persons as defined in section 3 of the

4 Trafficking Victims Protection Act of 2000.’’.

5 (2) DUTIES OF THE ATTORNEY GENERAL WITH

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

7 101 of the Immigration and Nationality Act (8

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

9 following new subsection:

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

11 in subsection (a)(15)(T)—

12 ‘‘(1) the Attorney General and other govern13 ment officials, where appropriate, shall provide those

14 aliens with referrals to nongovernmental organiza15 tions that would educate the aliens regarding their

16 options while in the United States and the resources

17 available to them; and

18 ‘‘(2) the Attorney General shall, during the pe19 riod those aliens are in lawful temporary resident

20 status under that subsection, grant the aliens au21 thorization to engage in employment in the United

22 States and provide the aliens with an ‘employment

23 authorized’ endorsement or other appropriate work

24 permit.’’.
29

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1 (3) WAIVER OF GROUNDS FOR INELIGIBILITY

2 FOR ADMISSION.—Section 212(d) of the Immigra3 tion and Nationality Act (8 U.S.C. 1182(d)) is

4 amended by adding at the end the following new

5 paragraph:

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

7 a ground for inadmissibility exists with respect to a non8 immigrant described in section 101(a)(15)(T). The Attor9 ney General, in the Attorney General’s discretion, may

10 waive the application of subsection (a) (other than para11 graph (3)(E)) in the case of a nonimmigrant described in

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

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

14 section shall be regarded as prohibiting the Attorney Gen15 eral from instituting removal proceedings against an alien

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

17 for material nontrafficking related conduct committed

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

19 material nontrafficking related conduct or a condition that

20 was not disclosed to the Attorney General prior to the

21 alien’s admission as a nonimmigrant under section

22 101(a)(15)(T).’’.

23 (4) ADJUSTMENT TO PERMANENT RESIDENT

24 STATUS.—Section 245 of the Immigration and Na-
30

•S 2414 IS

1 tionality Act (8 U.S.C. 1255) is amended by adding

2 at the end the following new subsection:

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

4 nonimmigrant admitted into the United States under sec5 tion 101(a)(15)(T)—

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

7 States for a continuous period of at least 3 years

8 since the date of admission as a nonimmigrant

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

10 ‘‘(B) has, throughout such period, been a per11 son of good moral character;

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

13 refused to provide assistance in the investigation or

14 prosecution of acts of trafficking; and

15 ‘‘(D) would face a significant possibility of ret16 ribution or other hardship if removed from the

17 United States, the Attorney General may adjust the

18 status of the alien (and the spouse, married and un19 married sons and daughters, and parents of the

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

21 alien lawfully admitted for permanent residence if

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

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

24 maintain continuous physical presence in the United

25 States under paragraph (1)(A) if the alien has departed
31

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

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

3 SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF

4 TRAFFICKING.

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

6 Act, the minimum standards for the elimination of traf7 ficking for a country that is a country of origin, transit,

8 or destination for a significant number of victims are the

9 following standards:

10 (1) The country should prohibit severe forms of

11 trafficking in persons and punish acts of such traf12 ficking.

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

14 sex trafficking involving fraud, force, coercion, or de15 ception, or in which the victim of sex trafficking is

16 a child incapable of giving meaningful consent, or of

17 trafficking which includes rape or kidnapping or

18 which causes a death, the country should prescribe

19 punishment commensurate with that for the most

20 serious crimes, such as forcible sexual assault.

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

22 a severe form of trafficking in persons, the country

23 should prescribe punishment which is sufficiently

24 stringent to deter and which adequately reflects the

25 heinous nature of the offense.
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1 (4) The country should make serious and sus2 tained efforts to eliminate severe forms of trafficking

3 in persons.

4 (b) CRITERIA.—In determinations under subsection

5 (a)(4) the following factors should be considered:

6 (1) Whether the country vigorously investigates

7 and prosecutes acts of severe forms of trafficking in

8 persons that take place wholly or partly within the

9 territory of the country.

10 (2) Whether the country cooperates with other

11 countries in the investigation and prosecution of se12 vere forms of trafficking in persons.

13 (3) Whether the country extradites persons

14 charged with acts of severe forms of trafficking in

15 persons on the same terms and to the same extent

16 as persons charged with other serious crimes.

17 (4) Whether the country monitors immigration

18 and emigration patterns for evidence of severe forms

19 of trafficking in persons and whether law enforce20 ment agencies of the country respond to any such

21 evidence in a manner which is consistent with the

22 vigorous investigation and prosecution of acts of

23 such trafficking, as well as with the protection of

24 human rights of victims and the internationally rec-
33

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1 ognized human right to leave and return to one’s

2 own country.

3 (5) Whether the country protects victims of se4 vere forms of trafficking in persons and encourages

5 their assistance in the investigation and prosecution

6 of such trafficking, including provision for legal al7 ternatives to their removal to countries in which they

8 would face retribution or other hardship.

9 (6) Whether the country vigorously investigates

10 and prosecutes public officials who participate in or

11 facilitate severe forms of trafficking in persons, and

12 takes all appropriate measures against officials who

13 condone such trafficking.

14 SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET

15 MINIMUM STANDARDS.

16 The Secretary of State and the Administrator of the

17 United States Agency for International Development are

18 authorized to provide assistance to foreign countries di19 rectly, or through nongovernmental, intergovernmental

20 and multilateral organizations, for programs and activities

21 designed to meet the minimum international standards for

22 the elimination of trafficking, including drafting of legisla23 tion to prohibit and punish acts of trafficking, investiga24 tion and prosecution of traffickers, creation and mainte25 nance of facilities, programs, and activities for the protec-
34

•S 2414 IS

1 tion of victims, and the expansion of exchange programs

2 and international visitor programs for governmental and

3 nongovernmental personnel to combat trafficking.

4 SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO

5 MEET MINIMUM STANDARDS.

6 (a) AUTHORITY TO IMPOSE SANCTIONS.—The Presi7 dent may impose any of the measures described in sub8 section (b) against any foreign country to which the min9 imum standards for the elimination of trafficking under

10 section 8 are applicable and which do not meet such stand11 ards.

12 (b) SANCTIONS THAT MAY BE IMPOSED.—The meas13 ures described in this subsection are the following:

14 (1) FOREIGN ASSISTANCE.—

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the President may deny to the coun17 try assistance of any kind which is provided by

18 grant, sale, loan, lease, credit, guaranty, or in19 surance, or by any other means, by any agency

20 or instrumentality of the United States Govern21 ment.

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

23 not apply to assistance under the Foreign As24 sistance Act of 1961 (22 U.S.C. 2151 et seq.),

25 or any successor provision of law, or the Arms
35

•S 2414 IS

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

2 that is intended to benefit the people of that

3 country directly and that is not channeled

4 through governmental agencies or entities of

5 that country.

6 (2) MULTILATERAL DEVELOPMENT BANK AS7 SISTANCE.—

8 (A) IN GENERAL.—The President may in9 struct the United States Executive Director to

10 each international financial institution described

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

12 of the United States to oppose any loan or fi13 nancial or technical assistance to the country by

14 such international financial institution.

15 (B) INTERNATIONAL FINANCIAL INSTITU16 TIONS DESCRIBED.—The international financial

17 institutions described in this subparagraph are

18 the International Bank for Reconstruction and

19 Development, the International Development

20 Association, the International Finance Corpora21 tion, the Inter-American Development Bank,

22 the African Development Bank, the European

23 Bank for Reconstruction and Development, and

24 the International Monetary Fund.
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1 (3) PROHIBITION OF ARMS SALES.—The Presi2 dent may prohibit the transfer of defense articles,

3 defense services, or design and construction services

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

5 2751 et seq.), including defense articles and defense

6 services licensed or approved for export under sec7 tion 38 of that Act (22 U.S.C. 2778), to the country

8 or any national of the country.

9 (4) EXPORT RESTRICTIONS.—The President

10 may prohibit or otherwise substantially restrict ex11 ports to the country of goods, technology, and serv12 ices (excluding agricultural commodities and prod13 ucts otherwise subject to control) and may suspend

14 existing licenses for the transfer to that person of

15 items the export of which is controlled under the Ex16 port Administration Act of 1979 or the Export Ad17 ministration Regulations.

18 (c) REPORT TO CONGRESS.—Upon exercising the au19 thority of subsection (a), the President shall submit a re20 port to Congress on the measures applied under this sec21 tion and the reasons for the application of the measures.

22 SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.

23 (a) AUTHORITY TO SANCTION TRAFFICKERS IN PER24 SONS.—
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•S 2414 IS

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

2 IEEPA authorities (other than authorities relating

3 to importation) without regard to section 202 of the

4 International Emergency Economic Powers Act (50

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

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

7 (2) PENALTIES.—The penalties set forth in sec8 tion 206 of the International Emergency Economic

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

10 any license, order, or regulation issued under para11 graph (1).

12 (3) IEEPA AUTHORITIES.—For purposes of

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

14 authorities set forth in section 203(a) of the Inter15 national Emergency Economic Powers Act (50

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

17 (b) LIST OF TRAFFICKERS OF PERSONS.—

18 (1) COMPILING LIST OF TRAFFICKERS IN PER19 SONS.—The Secretary of State is authorized to com20 pile a list of the following persons:

21 (A) Any foreign person that plays a signifi22 cant role in a severe form of trafficking in per23 sons, directly or indirectly in the United States

24 or any of its territories or possessions.
38

•S 2414 IS

1 (B) Foreign persons who materially assist

2 in, or provide financial or technological support

3 for or to, or providing goods or services in sup4 port of, activities of a significant foreign traf5 ficker in persons identified pursuant to sub6 paragraph (A).

7 (C) Foreign persons that are owned, con8 trolled, or directed by, or acting for or on behalf

9 of, a significant foreign trafficker so identified

10 pursuant to subparagraph (A).

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

12 State shall make additions or deletions to any list

13 compiled under paragraph (1) on an ongoing basis

14 based on the latest information available.

15 (3) CONSULTATION.—The Secretary of State

16 shall consult with the following officers in carrying

17 out paragraphs (1) and (2).

18 (A) The Attorney General.

19 (B) The Director of Central Intelligence.

20 (C) The Director of the Federal Bureau of

21 Investigation.

22 (D) The Secretary of Labor.

23 (E) The Secretary of Health and Human

24 Services.
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•S 2414 IS

1 (4) PUBLICATION OF LIST.—Upon compiling

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

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

4 State shall submit the list or revisions to such list

5 to the Committees on the International Relations

6 and Judiciary and the Permanent Select Committee

7 on Intelligence of the House of Representatives; and

8 to the Committees on Foreign Relations, the Judici9 ary, and the Select Committee on Intelligence of the

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

11 in the Federal Register after such persons on the

12 list have admitted, been convicted, or been formally

13 found to have participated in the acts described in

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

15 (c) REPORT TO CONGRESS ON IDENTIFICATION AND

16 SANCTIONING OF TRAFFICKERS IN PERSONS.—Upon ex17 ercising the authority of subsection (a), the President shall

18 submit a report to the Committees on the International

19 Relations and the Judiciary, and the Permanent Select

20 Committee on Intelligence of the House of Representatives

21 and to the Committees on Foreign Relations and the Judi22 ciary, and the Select Committee on Intelligence of the

23 Senate—

24 (1) identifying publicly the foreign persons from

25 the list published under subsection (b)(4) that the
40

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1 President determines are appropriate for sanctions

2 pursuant to this section; and

3 (2) detailing publicly the sanctions imposed

4 pursuant to this section.

5 (d) EXCLUSION OF CERTAIN INFORMATION.—

6 (1) INTELLIGENCE.—Notwithstanding any

7 other provision of this section, the list and report de8 scribed in subsections (b) and (c) shall not disclose

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

10 Intelligence determines that such disclosure could

11 compromise an intelligence operation, activity,

12 source, or method of the United States.

13 (2) LAW ENFORCEMENT.—Notwithstanding any

14 other provision of this section, the list and report de15 scribed in subsections (b) and (c) shall not disclose

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

17 coordination as appropriate with the Director of the

18 Federal Bureau of Investigation, the Administrator

19 of the Drug Enforcement Administration, and the

20 Secretary of the Treasury, determines that such dis21 closure could reasonably be expected to—

22 (A) compromise the identity of a confiden23 tial source, including a State, local, or foreign

24 agency or authority or any private institution
41

•S 2414 IS

1 that furnished information on a confidential

2 basis;

3 (B) jeopardize the integrity or success of

4 an ongoing criminal investigation or prosecu5 tion;

6 (C) endanger the life or physical safety of

7 any person; or

8 (D) cause substantial harm to physical

9 property.

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

11 either the Director of Central Intelligence or the At12 torney General makes a determination under this

13 subsection, the Director of Central Intelligence or

14 the Attorney General shall notify the Permanent Se15 lect Committee on Intelligence of the House of Rep16 resentatives and the Select Committee on Intel17 ligence of the Senate, and explain the reasons for

18 such determination.

19 (B) The notification required under this para20 graph shall be submitted to the Permanent Select

21 Committee on Intelligence of the House of Rep22 resentatives and the Select Committee on Intel23 ligence of the Senate not later than July 1, 2001,

24 and on an annual basis thereafter.
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1 (e) LAW ENFORCEMENT AND INTELLIGENCE ACTIVI2 TIES NOT AFFECTED.—Nothing in this section prohibits

3 or otherwise limits the authorized law enforcement or in4 telligence activities of the United States or the law en5 forcement activities of any State or subdivision thereof.

6 (f) EXCLUSION OF PERSONS WHO HAVE BENEFITED

7 FROM ILLICIT ACTIVITIES OF TRAFFICKERS IN PER8 SONS.—Section 212(a)(2) of the Immigration and Nation9 ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at

10 the end the following new subparagraph:

11 ‘‘(H) TRAFFICKERS IN PERSONS.—Any

12 alien who—

13 ‘‘(i) is on the most recent list of traf14 fickers provided in section 11 of the Traf15 ficking Victims Protection Act of 2000, or

16 who the consular officer or the Attorney

17 General knows or has reason to believe is

18 or has been a knowing aider, abettor, as19 sister, conspirator, or colluder with such a

20 trafficker in severe forms of trafficking in

21 persons, as defined in the section 3 of such

22 Act; or

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

24 Attorney General knows or has reason to

25 believe is the spouse, son, or daughter of
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1 an alien inadmissible under clause (i), has,

2 within the previous 5 years, obtained any

3 financial or other benefit from the illicit

4 activity of that alien, and knew or reason5 ably should have known that the financial

6 or other benefit was the product of such il7 licit activity, is inadmissible.’’.

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

9 Attorney General, and the Secretary of the Treasury are

10 authorized to take such actions as may be necessary to

11 carry out this section, including promulgating rules and

12 regulations permitted under this Act.

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

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

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

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

17 government official, but does not include a foreign state.

18 SEC. 12. STRENGTHENING PROSECUTION AND PUNISH19 MENT OF TRAFFICKERS.

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

21 United States Code, is amended—

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

23 1584—

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

25 ‘‘20 years’’;
44

•S 2414 IS

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

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

3 results from a violation of this section, or if

4 such violation includes kidnapping or an at5 tempt to kidnap, aggravated sexual abuse or

6 the attempt to commit aggravated sexual abuse,

7 or an attempt to kill, the defendant shall be

8 fined under this title or imprisoned for any

9 term of years or life, or both.’’;

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

11 ‘‘§ 1589. Trafficking into involuntary servitude, peon12 age, or slavery-like conditions

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

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

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

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

17 servitude or peonage or to slavery-like conditions as de18 scribed in subsection (b) of this section, or in any way,

19 financially or otherwise, knowingly benefits from, or

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

21 to a condition of involuntary servitude, peonage, or slav22 ery-like conditions, shall be fined under this title or impris23 oned not more than 20 years, or both; and if, in addition

24 to the foregoing elements, death results from an act com25 mitted in violation of this section, or if such act includes
45

•S 2414 IS

1 kidnapping or an attempt to kidnap, aggravated sexual

2 abuse or the attempt to commit aggravated sexual abuse,

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

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

5 ‘‘(b) In this section—

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

7 that the labor or services of a person are obtained

8 or maintained through any scheme or artifice to de9 fraud, by debt bondage, by subjection of the person

10 to conditions so harsh or degrading as to provide a

11 clear indication that the person has been subjected

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

13 any plan or pattern, including false and fraudulent

14 pretense and misrepresentations, such that the per15 son reasonably believes that if he did not perform

16 the act, labor, or services, serious harm would be in17 flicted on himself or on another person, or the per18 son reasonably believes that the person has no op19 tion but to perform the act, labor, or services; and

20 ‘‘(2) the term ‘debt bondage’ means a relation21 ship in which labor or services are pledged for debt

22 on terms calculated never to allow full payment of

23 the debt or otherwise amounting to indentured ser24 vitude for life or for an indefinite period.
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•S 2414 IS

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

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

3 been duly convicted.

4 ‘‘§ 1589A. Sex trafficking of children or by force,

5 fraud, or coercion

6 ‘‘(a) IN GENERAL.—Whoever—

7 ‘‘(1) recruits, entices, harbors, provides, trans8 ports, employs, transfers, receives, purchases, sells,

9 or secures, by any means, any person, or

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

11 or shares in the proceeds of an enterprise in which

12 a person has been recruited, enticed, harbored, pur13 chased, sold, transported, or transferred,

14 knowing or having reason to know that the person will

15 be caused by force, fraud, or coercion to engage in a com16 mercial sex act, or that the person has not attained the

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

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

19 in subsection (b).

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

21 under subsection (a) is—

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

23 or coercion, or if the person transported had not at24 tained the age of 14 years at the time of such of-
47

•S 2414 IS

1 fense, by a fine under this title or imprisonment for

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

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

4 force, or coercion, and the person transported had

5 attained the age of 14 years but had not attained

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

7 a fine under this title or imprisonment for not more

8 than 20 years, or both.

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

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

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

12 any person, and—

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

14 ‘‘(2) which affects United States foreign com15 merce; or

16 ‘‘(3) in which either the person caused or ex17 pected to participate in the act or the person com18 mitting the violation is a United States citizen or an

19 alien admitted for permanent residence in the

20 United States.

21 ‘‘§ 1590. Unlawful possession of documents in further22 ance of trafficking, involuntary servitude,

23 peonage, or slavery-like conditions

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

25 destroys, conceals, removes, confiscates, or possesses any
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1 identification, passport, or other immigration documents,

2 or any other documentation of another person—

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

4 which facilitate a violation of section 1581, 1583,

5 1584, 1589, or 1589A or a conspiracy or attempt to

6 commit such a violation; or

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

8 prosecution of a violation of any section described in

9 paragraph (1);

10 ‘‘(3) to prevent or restrict, without lawful au11 thority, the person’s liberty to move or travel in

12 interstate or foreign commerce,

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

14 than 5 years, or both.

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

16 to persons who have been trafficked as defined in section

17 7(c)(2) of the Trafficking Victims Protection Act of 2000.

18 ‘‘§ 1591. Mandatory restitution

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

20 addition to any other civil or criminal penalties authorized

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

22 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-
49

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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 shall

4 be issued and enforced in accordance with section 3664

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

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

7 of the victim’s losses’ has the same meaning as provided

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

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

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

11 labor as guaranteed under the minimum wage and over12 time guarantees of the Fair Labor Standards Act (29

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

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

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

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

17 18 years of age, incompetent, incapacitated, or deceased,

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

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

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

21 shall the defendant be named such representative or

22 guardian.

23 ‘‘§ 1592. General provisions

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

25 1584, or 1589, a condition of involuntary servitude or pe-
50

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1 onage may be established by proof that the defendant ob2 tained or maintained the labor or service of any person—

3 ‘‘(1) by the use, or threatened use, of force, vio4 lence, physical restraint, or physical injury, or by ex5 tortion or the abuse of threatened abuse of law or

6 the legal process;

7 ‘‘(2) through representations made to any per8 son that physical harm may occur to that person, or

9 to another, in an effort to wrongfully obtain or

10 maintain the labor or services of that person; or

11 ‘‘(3) by the use of fraud, deceit, or misrepresen12 tation toward any person in an effort to wrongfully

13 obtain or maintain the labor or services of that per14 son.

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

16 1581, 1583, 1584, 1589, or 1589A shall be punishable

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

18 these sections, respectively.

19 ‘‘(c)(1) The court, in imposing sentence on any per20 son convicted of a violation of this chapter, shall order,

21 in addition to any other sentence imposed and irrespective

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

23 to the United States—

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

25 real or personal, that was used or intended to be
51

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1 used to commit or to facilitate the commission of

2 such violation; and

3 ‘‘(B) any property, real or personal, consti4 tuting or derived from, any proceeds that such per5 son obtained, directly or indirectly, as a result of

6 such violation.

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

8 subsection, any seizure and disposition thereof, and any

9 administrative or judicial proceeding in relation thereto,

10 shall follow the guidelines of section 7(e) of the Traf11 ficking Victims Protection Act of 2000.

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

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

14 them—

15 ‘‘(A) any property, real or personal, used or in16 tended to be used to commit or to facilitate the com17 mission of any violation of this chapter; and

18 ‘‘(B) any property, real or personal, which con19 stitutes or is derived from proceeds traceable to any

20 violation of this chapter.

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

22 to civil forfeitures shall extend to any seizure or civil for23 feiture under this subsection.

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

25 chapter shall be considered an organized criminal activity
52

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1 or other serious offense for the purposes of application of

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

3 (3) by amending the table of sections at the be4 ginning of chapter 77 by adding at the end the fol5 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.’’.

6 (b) AMENDMENT TO THE SENTENCING GUIDE7 LINES.—

8 (1) Pursuant to its authority under section 994

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

10 with this section, the United States Sentencing Com11 mission shall review and, if appropriate, amend the

12 sentencing guidelines and policy statements applica13 ble to persons convicted of offenses involving the

14 trafficking of persons including component or related

15 crimes of peonage, involuntary servitude, slave trade

16 offenses, and possession, transfer or sale of false im17 migration documents in furtherance of trafficking,

18 and the Fair Labor Standards Act and the Migrant

19 and Seasonal Agricultural Worker Protection Act.

20 (2) In carrying out this subsection, the Sen21 tencing Commission shall—
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1 (A) take all appropriate measures to en2 sure that these sentencing guidelines and policy

3 statements applicable to the offenses described

4 in paragraph (1) of this subsection are suffi5 ciently stringent to deter and adequately reflect

6 the heinous nature of such offenses;

7 (B) consider conforming the sentencing

8 guidelines applicable to offenses involving traf9 ficking in persons to the guidelines applicable to

10 peonage, involuntary servitude, and slave trade

11 offenses; and

12 (C) consider providing sentencing enhance13 ments for those convicted of the offenses de14 scribed in paragraph (1) of this subsection

15 that—

16 (i) involve a large number of victims;

17 (ii) involve a pattern of continued and

18 flagrant violations;

19 (iii) involve the use or threatened use

20 of a dangerous weapon; or

21 (iv) result in the death or bodily in22 jury of any person.

23 (3) The Commission may promulgate the guide24 lines or amendments under this subsection in ac25 cordance with the procedures set forth in section
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1 21(a) of the Sentencing Act of 1987, as though the

2 authority under that Act had not expired.

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

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

5 1589 (relating to trafficking into involuntary servitude,

6 peonage, or slavery-like conditions), section 1589A (relat7 ing to sex trafficking of children or by force, fraud, or

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

9 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

10 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

11 INTERAGENCY TASK FORCE.—To carry out the purposes

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

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

14 $3,000,000 for fiscal year 2002.

15 (b) AUTHORIZATION OF APPROPRIATIONS TO THE

16 SECRETARY OF HEALTH AND HUMAN SERVICES.—To

17 carry out the purposes of section 7(b), there are author18 ized to be appropriated to the Secretary of Health and

19 Human Services $5,000,000 for fiscal year 2001 and

20 $10,000,000 for fiscal year 2002.

21 (c) AUTHORIZATION OF APPROPRIATIONS TO THE

22 SECRETARY OF STATE.—

23 (1) ASSISTANCE FOR VICTIMS IN OTHER COUN24 TRIES.—To carry out the purposes of section 7(a),

25 there are authorized to be appropriated to the Sec-
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1 retary of State $5,000,000 for fiscal year 2001 and

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

3 (2) VOLUNTARY CONTRIBUTIONS TO OSCE.—To

4 carry out the purposes of section 9, there are au5 thorized to be appropriated to the Secretary of State

6 $100,000 for voluntary contributions to the Organi7 zation for Security and Cooperation in Europe

8 (OSCE) for fiscal year 2001.

9 (3) PREPARATION OF ANNUAL COUNTRY RE10 PORTS ON HUMAN RIGHTS.—To carry out the pur11 poses of section 4, there are authorized to be appro12 priated to the Secretary of State such sums as may

13 be necessary to include the additional information

14 required by that section in the annual Country Re15 ports on Human Rights Practices, including the

16 preparation and publication of the list described in

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

18 (d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR19 NEY GENERAL.—To carry out the purposes of section

20 7(b), there are authorized to be appropriated to the Attor21 ney General $5,000,000 for fiscal year 2001 and

22 $10,000,000 for fiscal year 2002.

23 (e) AUTHORIZATION OF APPROPRIATIONS TO PRESI24 DENT.—
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1 (1) FOREIGN VICTIM ASSISTANCE.—To carry

2 out the purposes of section 6, there are authorized

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

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

5 2002.

6 (2) ASSISTANCE TO FOREIGN COUNTRIES TO

7 MEET MINIMUM STANDARDS.—To carry out the pur8 poses of section 9, there are authorized to be appro9 priated to the President $5,000,000 for fiscal year

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

11 (f) AUTHORIZATION OF APPROPRIATIONS TO THE

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

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

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

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

Æ