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(D) The Federal share of a grant made
under this paragraph may not exceed 75 per-
cent of the total costs of the projects described
in the application submitted.
(4) CIVIL ACTION.—An individual who is a vic-
tim of a violation of section 1589, 1590, 1591 of
title 18, United States Code, regarding trafficking,
may bring a civil action in United States district
court. The court may award actual damages, puni-
tive damages, reasonable attorneys’ fees, and other
litigation costs reasonably incurred.
(c) TRAFFICKING VICTIM REGULATIONS.—Not later
than 180 days after the date of the enactment of this Act,
the Attorney General and the Secretary of State shall pro-
mulgate regulations for law enforcement personnel, immi-
gration officials, and Department of State officials to im-
plement the following:
(1) Victims of severe forms of trafficking, while
in the custody of the Federal Government and to the
extent practicable, shall be housed in appropriate
shelter as quickly as possible; receive prompt medical
care, food, and other assistance; and be provided
protection if a victim’s safety is at risk or if there
is danger of additional harm by recapture of the vic-
tim by a trafficker.
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(2) Victims of severe forms of trafficking shall
not be jailed, fined, or otherwise penalized due to
having been trafficked, but the authority of the At-
torney General under the Immigration and Nation-
ality Act to detain aliens shall not be curtailed by
any regulation promulgated to implement this para-
graph.
(3) Victims of severe forms of trafficking shall
have access to legal assistance, information about
their rights, and translation services.
(4) Federal law enforcement officials shall act
to ensure an alien’s continued presence in the
United States, if after an assessment, it is deter-
mined that such alien is a victim of a severe form
of trafficking in persons, or a material witness to
such trafficking, in order to effectuate prosecution of
those responsible and to further the humanitarian
interests of the United States. Such officials, in in-
vestigating and prosecuting persons engaging in
such trafficking, shall take into consideration the
safety and integrity of such victims, but the author-
ity of the Attorney General under the Immigration
and Nationality Act to detain aliens shall not be cur-
tailed by any regulation promulgated to implement
this paragraph.
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(5) Appropriate personnel of the Department of
State and the Department of Justice are trained in
identifying victims of severe forms of trafficking and
providing for the protection of such victims. Train-
ing under this paragraph should include methods for
achieving antitrafficking objectives through the non-
discriminatory application of immigration and other
related laws.
(d) CONSTRUCTION.—Nothing in subsection (c) shall
be construed as creating any private cause of action
against the United States or its offices or employees.
(e) FUNDING.—Funds from asset forfeiture under
section 1594 of title 18, United States Code, (as added
by section 12 of this Act) shall first be disbursed to satisfy
any judgments awarded victims of trafficking under sub-
section (b)(4) or section 1593 of title 18, United States
Code, (as added by section 12 of this Act). The remaining
funds from such asset forfeiture are authorized to be avail-
able in equal amounts for the purposes of subsections (a)
and (b) and shall remain available for obligation until ex-
pended.
(f) PROTECTION FROM REMOVAL FOR CERTAIN VIC-
TIMS OF TRAFFICKING.—
(1) NONIMMIGRANT CLASSIFICATION FOR CER-
TAIN VICTIMS OF TRAFFICKING.—Section 101(a)(15)
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of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (R);
(B) by striking the period at the end of
subparagraph (S) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(T) subject to section 214(n), an alien, and
the spouse and children of the alien if accompanying
or following to join the alien, who the Attorney Gen-
eral determines—
‘‘(i) is or has been a victim of a severe
form of trafficking in persons (as defined in
section 3 of the Trafficking Victims Protection
Act of 2000);
‘‘(ii) is physically present in the United
States or at a port of entry into the United
States by reason of having been transported to
the United States or the port of entry in con-
nection with such severe form of trafficking in
persons;
‘‘(iii)(I) has not attained 15 years of age;
or
‘‘(II) was induced to participate in the
commercial sex act or condition of involuntary
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servitude, peonage, or slavery or slavery-like
practices that is the basis of the determination
under clause (i) by force, coercion, fraud, or de-
ception, did not voluntarily agree to any ar-
rangement including such participation, and
has complied with any reasonable request for
assistance in the investigation or prosecution of
severe forms of trafficking in persons; and
‘‘(iv)(I) has a well-founded fear of retribu-
tion involving the infliction of severe harm upon
removal from the United States; or
‘‘(II) would suffer extreme hardship in
connection with the victimization described in
clause (i) upon removal from the United States,
and, if the Attorney General considers it to be nec-
essary to avoid extreme hardship, the sons and
daughters (who are not children), of any such alien
(and the parents of any such alien, in the case of an
alien under 21 years of age) if accompanying or fol-
lowing to join the alien.’’.
(2) CONDITIONS ON NONIMMIGRANT STATUS.—
Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended—
(1) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform
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and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–1820) as subsection
(m); and
(2) by adding at the end the following:
‘‘(n)(1) No alien shall be eligible for admission to the
United States under section 101(a)(15)(T) if there is sub-
stantial reason to believe that the alien has committed an
act of a severe form of trafficking in persons (as defined
in section 3 of the Trafficking Victims Protection Act of
2000).
‘‘(2) The total number of aliens who may be issued
visas or otherwise provided nonimmigrant status during
any fiscal year under section 101(a)(15)(T) may not ex-
ceed 5,000.
‘‘(3) The numerical limitation of paragraph (2) shall
only apply to principal aliens and not to the spouses, sons,
daughters, or parents of such aliens.
‘‘(4) Aliens who are subject to the numerical limita-
tion of paragraph (2) shall be issued visas (or otherwise
provided nonimmigrant status) in the order in which peti-
tions are filed for such visas or status.’’.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY
FOR ADMISSION.—Section 212(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)) is
amended by adding at the end the following:
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(4) ADJUSTMENT
TO
PERMANENT
RESIDENT
STATUS.—Section 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1255) is amended by adding
at the end the following:
‘‘(l)(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States under sec-
tion 101(a)(15)(T)—
‘‘(A) has been physically present in the United
States for a continuous period of at least 3 years
since the date of such admission;
‘‘(B) has, throughout such period, been a per-
son of good moral character;
‘‘(C) has, during such period, complied with any
reasonable request for assistance in the investigation
or prosecution of severe forms of trafficking in per-
sons; and
‘‘(D)(i) has a well-founded fear of retribution
involving the infliction of severe harm upon removal
from the United States; or
‘‘(ii) would suffer extreme hardship in connec-
tion with the victimization described in section
101(a)(15)(T)(i) upon removal from the United
States,
the Attorney General may adjust the status of the alien
(and the spouse, parents, married and unmarried sons and
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daughters of the alien if admitted under such section) to
that of an alien lawfully admitted for permanent residence.
‘‘(2) Paragraph (1) shall not apply to an alien admit-
ted under section 101(a)(15)(T) who is inadmissible to the
United States by reason of a ground that has not been
waived under section 212, except that, if the Attorney
General considers it to be in the national interest to do
so, the Attorney General, in the Attorney General’s discre-
tion, may waive the application of—
‘‘(A) paragraphs (1) and (4) of section 212(a);
and
‘‘(B) any other provision of such section (ex-
cluding paragraphs (3), (10)(C), and (10(E)), if the
activities rendering the alien inadmissible under the
provision were caused by, or were incident to, the
victimization described in section 101(a)(15)(T)(i).
‘‘(3) An alien shall be considered to have failed to
maintain continuous physical presence in the United
States for purposes of paragraph (1)(A) if the alien has
departed from the United States for any period in excess
of 90 days or for any periods in the aggregate exceeding
180 days.
‘‘(4)(A) The total number of aliens whose status may
be adjusted under paragraph (1) during any fiscal year
may not exceed 5,000.
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‘‘(B) The numerical limitation of subparagraph (A)
shall only apply to principal aliens and not to the spouses,
sons, daughters, or parents of such aliens.
‘‘(C) Aliens who are subject to the numerical limita-
tion of subparagraph (A) shall have their status adjusted
in the order in which applications are filed for such adjust-
ment.
‘‘(D) Upon the approval of adjustment of status
under paragraph (1)—
‘‘(i) the Attorney General shall record the
alien’s lawful admission for permanent residence as
of the date of such approval; and
‘‘(ii) the Secretary of State shall not be re-
quired to reduce the number of immigrant visas au-
thorized to be issued under this Act for any fiscal
year.’’.
SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
(a) MINIMUM STANDARDS.—Minimum standards for
the elimination of trafficking for a country that is a coun-
try of origin, of transit, or of destination for a significant
number of victims are as follows:
(1) The country should prohibit severe forms of
trafficking in persons and punish acts of such traf-
ficking.
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(2) For the knowing commission of any act of
sex trafficking involving fraud, force, or coercion or
in which the victim of sex trafficking is a child in-
capable of giving meaningful consent, or of traf-
ficking which includes rape or kidnapping or which
causes a death, the country should prescribe punish-
ment commensurate with that for the most serious
crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of
a severe form of trafficking in persons, the country
should prescribe punishment which is sufficiently
stringent to deter and which adequately reflects the
heinous nature of the offense.
(4) The country should make serious and sus-
tained efforts to eliminate severe forms of trafficking
in persons.
(b) CRITERIA.—In determinations under subsection
(a)(4) the following factors should be considered:
(1) Whether the country vigorously investigates
and prosecutes acts of severe forms of trafficking in
persons that take place wholly or partly within the
territory of the country.
(2) Whether the country cooperates with other
countries in the investigation and prosecution of se-
vere forms of trafficking in persons.
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(3) Whether the country extradites persons
charged with acts of severe forms of trafficking in
persons on the same terms and to the same extent
as persons charged with other serious crimes.
(4) Whether the country monitors immigration
and emigration patterns for evidence of severe forms
of trafficking in persons and whether law enforce-
ment agencies of the country respond to any such
evidence in a manner which is consistent with the
vigorous investigation and prosecution of acts of
such trafficking, as well as with the protection of
victims and the internationally recognized human
right to leave countries and to return to one’s own
country.
(5) Whether the country protects victims of se-
vere forms of trafficking in persons and encourages
their assistance in the investigation and prosecution
of such trafficking, including provision for legal al-
ternatives to their removal to countries in which they
would face retribution or other hardship.
(6) Whether the country vigorously investigates
and prosecutes public officials who participate in or
facilitate severe forms of trafficking in persons, and
takes all appropriate measures against officials who
condone such trafficking.
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SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET
MINIMUM STANDARDS.
The Secretary of State and the Director of the Agen-
cy for International Development are authorized to pro-
vide assistance to foreign countries for programs and ac-
tivities designed to meet the minimum international stand-
ards for the elimination of trafficking, including drafting
of legislation to prohibit and punish acts of trafficking,
investigation and prosecution of traffickers, and facilities,
programs, and activities for the protection of victims.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO
MEET MINIMUM STANDARDS.
(a) STATEMENT OF POLICY.—It is the policy of the
United States not to provide nonhumanitarian foreign as-
sistance to countries which do not meet minimum stand-
ards for the elimination of trafficking.
(b) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—Not later than April 30
of each year, the Secretary of State shall submit to
the appropriate congressional committees a report
with respect to the status of severe forms of traf-
ficking in persons which shall include a list of those
countries, if any, to which the minimum standards
for the elimination of trafficking under section 8 are
applicable and which do not meet such standards,
and which may include additional information, in-
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cluding information about efforts to combat traf-
ficking and about countries which have taken appro-
priate actions to combat trafficking.
(2) INTERIM REPORTS.—The Secretary of State
may submit to the appropriate congressional com-
mittees in addition to the annual report under sub-
section (b) one or more interim reports with respect
to the status of severe forms of trafficking in per-
sons, including information about countries whose
governments have come into or out of compliance
with the minimum standards for the elimination of
trafficking since the transmission of the last annual
report.
(c) NOTIFICATION.—For fiscal year 2002 and each
subsequent fiscal year, for each foreign country to which
the minimum standards for the elimination of trafficking
are applicable and which has failed to meet such stand-
ards, as described in an annual or interim report under
subsection (b), not less than 45 days and not more than
90 days after the submission of such a report the Presi-
dent shall submit a notification to the appropriate con-
gressional committees of one of the determinations de-
scribed in subsection (d).
(d) DETERMINATIONS.—The determinations referred
to in subsection (c) are as follows:
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(1) WITHHOLDING OF NONHUMANITARIAN AS-
SISTANCE.—The President has determined that—
(A)(i) the United States will not provide
nonhumanitarian foreign assistance to the gov-
ernment of the country for the subsequent fiscal
year until such government complies with the
minimum standards; or
(ii) in the case of a country whose govern-
ment received no nonhumanitarian foreign as-
sistance from the United States during the pre-
vious fiscal year, the United States will not pro-
vide funding for participation by officials or em-
ployees of such governments in educational and
cultural exchange programs for the subsequent
fiscal year until such government complies with
the minimum standards; and
(B) the President will instruct the United
States Executive Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to use his
or her best efforts to deny, any loan or other
utilization of the funds of his or her institution
to that country (other than for humanitarian
assistance, or for development assistance which
directly addresses basic human needs, is not ad-
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ministered by the government of the sanctioned
country, and confers no benefit to that country)
for the subsequent fiscal year until such govern-
ment complies with the minimum standards.
(2) SUBSEQUENT COMPLIANCE.—The Secretary
of State has determined that the country has come
into compliance with the minimum standards.
(3) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of
the country to comply with minimum standards for
the elimination of trafficking, the President has de-
termined that the provision of nonhumanitarian for-
eign assistance to the country is in the national in-
terest of the United States.
(4) EXERCISE
OF
WAIVER
AUTHORITY.—The
President may exercise the authority under para-
graph (3) with respect to all nonhumanitarian for-
eign assistance to a country or with respect to one
or more programs, projects, or activities.
(e) CERTIFICATION.—Together with any notification
under subsection (c), the President shall provide a certifi-
cation by the Secretary of State that with respect to as-
sistance described in clause (i), (ii), or (iv) of subpara-
graph 3(10)(A) or in subparagraph 3(10)(B), no assist-
ance is intended to be received or used by any agency or
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official who has participated in, facilitated, or condoned
a severe form of trafficking in persons.
SEC. 11. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN
PERSONS.
(a) AUTHORITY TO SANCTION SIGNIFICANT TRAF-
FICKERS IN PERSONS.—
(1) IN GENERAL.—The President may exercise
IEEPA authorities (other than authorities relating
to importation) without regard to section 202 of the
International Emergency Economic Powers Act (50
U.S.C. 1705) in the case of any foreign person who
is on the list described in subsection (b).
(2) PENALTIES.—The penalties set forth in sec-
tion 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) apply to violations of
any license, order, or regulation issued under this
section.
(3) IEEPA AUTHORITIES.—For purposes of
clause (i), the term ‘‘IEEPA authorities’’ means the
authorities set forth in section 203(a) of the Inter-
national Emergency Economic Powers Act (50
U.S.C. 1702(a)).
(b) LIST OF TRAFFICKERS OF PERSONS.—
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(1) COMPILING LIST OF TRAFFICKERS IN PER-
SONS.—The Secretary of State is authorized to com-
pile a list of the following persons:
(A) any foreign person that plays a signifi-
cant role in a severe form of trafficking in per-
sons, directly or indirectly in the United States
or any of its territories or possessions;
(B) foreign persons who materially assist
in, or provide financial or technological support
for or to, or providing goods or services in sup-
port of, activities of a significant foreign traf-
ficker in persons identified pursuant to sub-
paragraph (A); and
(C) foreign persons that are owned, con-
trolled, or directed by, or acting for or on behalf
of, a significant foreign trafficker so identified
pursuant to subparagraph (A).
(2) REVISIONS
TO
LIST.—The Secretary of
State shall make additions or deletions to any list
published under paragraph (1) on an ongoing basis
based on the latest information available.
(3) CONSULTATION.—The Secretary of State
shall consult with the following officers in carrying
out paragraphs (1) and (2).
(A) the Attorney General;
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(B) the Director of Central Intelligence;
(C) the Director of the Federal Bureau of
Investigation;
(D) the Secretary of Labor; and
(E) the Secretary of Health and Human
Services.
(4) PUBLICATION
OF
LIST.—Upon compiling
the list referred to in paragraph (1) and within 30
days of any revisions to such list, the Secretary of
State shall submit the list or revisions to such list
to the Committees on the International Relations
and Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives; and
to the Committees on the Foreign Relations and the
Select Committee on Intelligence of the Senate; and
publish the list or revisions to such list in the Fed-
eral Register.
(c) REPORT TO CONGRESS ON IDENTIFICATION AND
SANCTIONING OF SIGNIFICANT TRAFFICKERS IN PER-
SONS.—Upon exercising the authority of subsection (a),
the President shall report to the Committees on the Inter-
national Relations and Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Represent-
atives; and to the Committees on the Foreign Relations
and the Select Committee on Intelligence of the Senate—
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(1) identifying publicly the foreign persons that
the President determines are appropriate for sanc-
tions pursuant to this section; and
(2) detailing publicly the sanctions imposed
pursuant to this section.
(d) EXCLUSION OF CERTAIN INFORMATION.—
(1) 
INTELLIGENCE.—Notwithstanding 
any
other provision of this section, the list and report de-
scribed in subsections (b) and (c) shall not disclose
the identity of any person, if the Director of Central
Intelligence determines that such disclosure could
compromise an intelligence operation, activity,
source, or method of the United States.
(2) LAW ENFORCEMENT.—Notwithstanding any
other provision of this section, the list and report de-
scribed in subsections (b) and (c) shall not disclose
the name of any person if the Attorney General, in
coordination as appropriate with the Director of the
Federal Bureau of Investigation, the Administrator
of the Drug Enforcement Administration, and the
Secretary of the Treasury, determines that such dis-
closure could reasonably be expected to—
(A) compromise the identity of a confiden-
tial source, including a State, local, or foreign
agency or authority or any private institution
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that furnished information on a confidential
basis;
(B) jeopardize the integrity or success of
an ongoing criminal investigation or prosecu-
tion;
(C) endanger the life or physical safety of
any person; or
(D) cause substantial harm to physical
property.
(3) NOTIFICATION REQUIRED.—(A) Whenever
either the Director of Central Intelligence or the At-
torney General makes a determination under this
subsection, the Director of Central Intelligence or
the Attorney General shall notify the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate, and explain the reasons for
such determination.
(B) The notification required under this para-
graph shall be submitted to the Permanent Select
Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate not later than July 1, 2000,
and on an annual basis thereafter.
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(e) LAW ENFORCEMENT AND INTELLIGENCE ACTIVI-
TIES NOT AFFECTED.—Nothing in this section prohibits
or otherwise limits the authorized law enforcement or in-
telligence activities of the United States, or the law en-
forcement activities of any State or subdivision thereof.
(f) EXCLUSION OF PERSONS WHO HAVE BENEFITED
FROM ILLICIT ACTIVITIES
OF TRAFFICKERS
IN PER-
SONS.—Section 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)) is amended by inserting
the following new subparagraph at the end:
‘‘(H) SIGNIFICANT TRAFFICKERS IN PER-
SONS.—Any alien who—
‘‘(i) is on the most recent list of sig-
nificant traffickers provided in section 10
of the Trafficking Victims Protection Act
of 1999, or who the consular officer or the
Attorney General knows or has reason to
believe is or has been a knowing aider,
abettor, assister, conspirator, or colluder
with such a trafficker in severe forms of
trafficking in persons as defined in the sec-
tion 3 of such Act; or
‘‘(ii) who the consular officer or the
Attorney General knows or has reason to
believe is the spouse, son, or daughter of
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an alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit
activity of that alien, and knew or reason-
ably should have known that the financial
or other benefit was the product of such il-
licit activity, is inadmissible.’’.
(g) IMPLEMENTATION.—
(1) The Secretary of State, the Attorney Gen-
eral, and the Secretary of Treasury are authorized
to take such actions as may be necessary to carry
out this section, including promulgating rules and
regulations permitted under this Act.
(2)(A) Subject to subparagraph (B), such rules
and regulations shall require that a reasonable effort
be made to provide notice and an opportunity to be
heard, in person or through a representative, prior
to placement of a person on the list described in
subsection (b).
(B) If there is reasonable cause to believe that
such a person would take actions to undermine the
ability of the President to exercise the authority pro-
vided under subsection (a), such notice and oppor-
tunity to be heard shall be provided as soon as prac-
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ticable after the placement of the person on the list
described in subsection (b).
(h) DEFINITION OF FOREIGN PERSONS.—As used in
this section, the term ‘‘foreign person’’ means any citizen
or national of a foreign state or any entity not organized
under the laws of the United States, including a foreign
government official, but does not include a foreign state.
(i) CONSTRUCTION.—Nothing in this section shall be
construed as precluding judicial review of the placement
of any person on the list of traffickers in person described
in subsection (b).
SEC. 12. STRENGTHENING PROSECUTION AND PUNISH-
MENT OF TRAFFICKERS.
(a) TITLE 18 AMENDMENTS.—Chapter 77 of title 18,
United States Code, is amended—
(1) in each of sections 1581(a), 1583, and
1584—
(A) by striking ‘‘10 years’’ and inserting
‘‘20 years’’; and
(B) by adding at the end the following: ‘‘If
death results from a violation of this section, or
if such violation includes kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or
the attempt to commit aggravated sexual abuse,
or an attempt to kill, the defendant shall be
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fined under this title or imprisoned for any
term of years or life, or both.’’;
(2) by inserting at the end the following:
‘‘§ 1589. Forced labor
‘‘Whoever knowingly provides or obtains the labor or
services of a person—
‘‘(1) by threats of serious harm to, or physical
restraint against, that person or another person;
‘‘(2) by use of fraud, deceit, or misrepresenta-
tion if the person is a minor, mentally disabled, or
otherwise particularly susceptible to undue influence;
‘‘(3) by means of any scheme, plan, or pattern
intended to cause the person to believe that if the
person did not perform such labor or services, seri-
ous harm or physical restraint would be inflicted on
that person or another person; or
‘‘(4) by means of the abuse or threatened abuse
of law or the legal process,
shall be fined under this title or imprisoned not more than
20 years, or both. If death results from a violation of this
section, or if such violation includes kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or the attempt
to commit aggravated sexual abuse, or an attempt to kill,
the defendant shall be fined under this title or imprisoned
for any term of years or life, or both.
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‘‘§ 1590. Trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor
‘‘Whoever knowingly—
‘‘(1) recruits, harbors, transports, provides, or
obtains by any means, any person for labor or serv-
ices in violation of this chapter; or
‘‘(2) benefits, financially or otherwise, from an
enterprise in which a person has been subjected to
labor or services in violation of this chapter,
shall be fined under this title or imprisoned not more than
20 years, or both. If death results from a violation of this
section, or if such violation includes kidnapping or an at-
tempt to kidnap, aggravated sexual abuse, or the attempt
to commit aggravated sexual abuse, or an attempt to kill,
the defendant shall be fined under this title or imprisoned
for any term of years or life, or both.
‘‘§ 1591. Sex trafficking of children or by coercion,
fraud, deceit, or misrepresentation
‘‘(a) IN GENERAL.—Whoever knowingly—
‘‘(1) recruits, harbors, transports, provides, or
obtains by any means a person; or
‘‘(2) benefits, financially or otherwise, from an
enterprise in which a person has been recruited, en-
ticed, harbored, transported, provided, or obtained in
violation of paragraph (1),
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knowing that coercion, fraud, deceit, misrepresentation, or
other abusive practices described in subsection (c)(2) will
be used to cause the person to engage in a commercial
sex act, or that the person has not attained the age of
18 years and will be caused to engage in a commercial
sex act, shall be punished as provided in subsection (b).
‘‘(b) PUNISHMENT.—The punishment for an offense
under subsection (a) is—
‘‘(1) if the offense was effected by coercion,
fraud, deceit, misrepresentation, or other abusive
practices or if the person transported had not at-
tained the age of 14 years at the time of such of-
fense, by a fine under this title or imprisonment for
any term of years or for life, or both; or
‘‘(2) if the offense was not so effected, and the
person transported had attained the age of 14 years
but had not attained the age of 18 years at the time
of such offense, by a fine under this title or impris-
onment for not more than 20 years, or both.
‘‘(c) DEFINITION.—In this section—
‘‘(1) The term ‘commercial sex act’ means any
sex act, on account of which anything of value is
given to or received by any person, and—
‘‘(A) which takes place in the United
States;
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‘‘(B) which affects United States foreign
commerce; or
‘‘(C) in which either the person caused or
expected to participate in the act or the person
committing the violation is a United States cit-
izen or an alien admitted for permanent resi-
dence in the United States.’’
‘‘(2) 
The 
term 
‘other 
abusive 
practices’
means—
‘‘(A) threats of serious harm to, or phys-
ical restraint against, the person or other per-
son; and
‘‘(B) the abuse or threatened abuse of law
or the legal process.
‘‘§ 1592. Unlawful conduct with respect to documents
in furtherance of trafficking, peonage,
slavery, involuntary servitude, or forced
labor
‘‘(a) Whoever destroys, conceals, removes, con-
fiscates, or possesses any identification, passport, or other
immigration documents, or any other documentation of
another person—
‘‘(1) in the course of a violation of section
1581, 1583, 1584, 1589, 1590, or 1591 or a con-
spiracy or attempt to commit such a violation; or
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‘‘(2) to prevent or restrict, without lawful au-
thority, the person’s liberty to move or travel in
interstate or foreign commerce in furtherance of a
violation of section 1581, 1583, 1584, 1589, 1590,
or 1591 or a conspiracy or attempt to commit such
a violation,
shall be fined under this title or imprisoned for not more
than 5 years, or both.
‘‘(b) Subsection (a) does not apply to the conduct of
a person who is or has been a victim of a severe form
of trafficking in persons as defined in section 3(6) of the
Trafficking Victims Protection Act of 2000, if that con-
duct is caused by, or incident to, that trafficking.
‘‘§ 1593. Mandatory restitution
‘‘(a) Notwithstanding sections 3663 or 3663A, and
in addition to any other civil or criminal penalties author-
ized by law, the court shall order restitution for any of-
fense under this chapter.
‘‘(b)(1) The order of restitution under this section
shall direct the defendant to pay the victim (through the
appropriate court mechanism) the full amount of the vic-
tim’s losses, as determined by the court under paragraph
(3) of this subsection.
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‘‘(2) An order of restitution under this section shall
be issued and enforced in accordance with section 3664
in the same manner as an order under section 3663A.
‘‘(3) As used in this subsection, the term ‘full amount
of the victim’s losses’ has the same meaning as provided
in section 2259(b)(3) and shall in addition include the
greater of the gross income or value to the defendant of
the victim’s services or labor or the value of the victim’s
labor as guaranteed under the minimum wage and over-
time guarantees of the Fair Labor Standards Act (29
U.S.C. 201, et seq.).
‘‘(c) As used in this section, the term ‘victim’ means
the individual harmed as a result of a crime under this
chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or a representative of the
victim’s estate, or another family member, or any other
person appointed as suitable by the court, but in no event
shall the defendant be named such representative or
guardian.
‘‘§ 1594. General provisions
‘‘(a) An attempt or conspiracy to violate section
1581, 1583, 1584, 1589, 1590, or 1591 shall be punish-
able in the same manner as a completed violation of that
section.
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‘‘(b)(1) The court, in imposing sentence on any per-
son convicted of a violation of this chapter, shall order,
in addition to any other sentence imposed and irrespective
of any provision of State law, that such person shall forfeit
to the United States—
‘‘(A) such person’s interest in any property,
real or personal, that was used or intended to be
used to commit or to facilitate the commission of
such violation; and
‘‘(B) any property, real or personal, consti-
tuting or derived from, any proceeds that such per-
son obtained, directly or indirectly, as a result of
such violation.
‘‘(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto,
shall be governed by the provisions of section 7(e) of the
Trafficking Victims Protection Act of 2000.
‘‘(c)(1) The following shall be subject to forfeiture to
the United States and no property right shall exist in
them:
‘‘(A) Any property, real or personal, used or in-
tended to be used to commit or to facilitate the com-
mission of any violation of this chapter.
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‘‘(B) Any property, real or personal, which con-
stitutes or is derived from proceeds traceable to any
violation of this chapter.
‘‘(2) The provisions of chapter 46 of this title relating
to civil forfeitures shall extend to any seizure or civil for-
feiture under this subsection.
‘‘(d) WITNESS PROTECTION.—Any violation of this
chapter shall be considered an organized criminal activity
or other serious offense for the purposes of application of
chapter 224 (relating to witness protection).’’; and
(3) by amending the table of sections at the be-
ginning of chapter 77 by adding at the end the fol-
lowing new items:
‘‘1589. Forced labor.
‘‘1590. Trafficking with respect to peonage, slavery, involuntary servitude, or
forced labor.
‘‘1591. Sex trafficking of children or by coercion, fraud, deceit, or misrepresen-
tation.
‘‘1592. Unlawful conduct with respect to documents in furtherance of traf-
ficking, peonage, slavery, involuntary servitude, or forced labor.
‘‘1593. Mandatory restitution.
‘‘1594. General provisions.’’.
(b) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.—
(1) Pursuant to its authority under section 994
of title 28, United States Code, and in accordance
with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the
sentencing guidelines and policy statements applica-
ble to persons convicted of offenses involving the
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trafficking of persons including component or related
crimes of peonage, involuntary servitude, slave trade
offenses, and possession, transfer or sale of false im-
migration documents in furtherance of trafficking,
and the Fair Labor Standards Act and the Migrant
and Seasonal Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sen-
tencing Commission shall—
(A) take all appropriate measures to en-
sure that these sentencing guidelines and policy
statements applicable to the offenses described
in paragraph (1) of this subsection are suffi-
ciently stringent to deter and adequately reflect
the heinous nature of such offenses;
(B) consider conforming the sentencing
guidelines applicable to offenses involving traf-
ficking in persons to the guidelines applicable to
peonage, involuntary servitude, and slave trade
offenses; and
(C) consider providing sentencing enhance-
ments for those convicted of the offenses de-
scribed in paragraph (1) of this subsection
that—
(i) involve a large number of victims;
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tion 7(a) there are authorized to be appropriated to the
Secretary of State $5,000,000 for fiscal year 2000 and
$10,000,000 for fiscal year 2001.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR-
NEY GENERAL.—To carry out the purposes of section 7(b)
there are authorized to be appropriated to the Attorney
General $5,000,000 for fiscal year 2000 and $10,000,000
for fiscal year 2001.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESI-
DENT.—
(1) FOREIGN
VICTIM
ASSISTANCE.—To carry
out the purposes of section 6 there are authorized to
be appropriated to the President $5,000,000 for fis-
cal year 2000 and $10,000,000 for fiscal year 2001.
(2) ASSISTANCE
TO
FOREIGN
COUNTRIES
TO
MEET MINIMUM STANDARDS.—To carry out the pur-
poses of section 9 there are authorized to be appro-
priated to the President $5,000,000 for fiscal year
2000 and $10,000,000 for fiscal year 2001.
(f) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY OF LABOR.—To carry out the purposes of
section 7(b) there are authorized to be appropriated to the
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Secretary of Labor $5,000,000 for fiscal year 2000 and
$10,000,000 for fiscal year 2001.
Passed the House of Representatives May 9, 2000.
Attest:
JEFF TRANDAHL, Clerk.
Calendar No. 584
106TH CONGRESS
2D SESSION
H. R. 3244
AN ACT
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 traf-
ficking.
MAY 10, 2000
Received
MAY 25, 2000
Read the first time
JUNE 6, 2000
Read the second time and placed on the calendar