I
106TH CONGRESS
1ST SESSION
H. R. 1356
To end international sexual trafficking, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. SMITH of New Jersey (for himself and Ms. KAPTUR) introduced the fol-
lowing bill; which was referred to the Committee on International Rela-
tions, and in addition to the Committee on the Judiciary, and Banking
and Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To end international sexual trafficking, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Freedom From Sexual Trafficking Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
Sec. 4. Minimum standards for the elimination of sexual trafficking.
Sec. 5. Office for the Protection of Victims of Trafficking.
Sec. 6. Assistance for victim protection.
Sec. 7. Protection from removal for certain victims of sexual trafficking.
Sec. 8. Actions against governments failing to meet minimum standards.
Sec. 9. Trafficking of persons for commercial sexual purposes.
SEC. 2. PURPOSES AND FINDINGS.
(a) PURPOSES.—The purposes of this Act are to end
international sexual trafficking, in which women and chil-
dren are brought across international boundaries by
means of force or fraud for purposes of forced prostitu-
tion, sexual slavery, and similar practices; to provide just
punishment for the perpetrators of such practices; and to
protect their victims.
(b) FINDINGS.—The Congress makes the following
findings:
(1) Millions of persons every year, of whom the
overwhelming majority are women or children, are
trafficked into the international sex trade by means
of fraud, force, or coercion.
(2) International trafficking in persons is not
limited to sexual trafficking. It may also involve
forced labor and other violations of internationally
recognized human rights. Trafficking of persons in
all its forms is an evil that calls for concerted and
vigorous action by countries of origin, receiving
countries, and international organizations.
(3) Sexual trafficking is a particularly brutal
form of the international traffic in persons. Because
it causes the involuntary participation of another
person in sex acts by means of fraud, force, or coer-
cion, sexual trafficking includes all the elements of
the crime of rape, which is defined by all legal sys-
tems as among the most serious of all crimes.
(4) International sexual trafficking also involves
frequent and serious violations of other laws, includ-
ing labor and immigration codes and laws against
kidnapping, slavery, false imprisonment, assault,
battery, pandering, fraud, and extortion.
(5) Existing legislation and law enforcement in
the United States and in other nations around the
world have proved inadequate to deter trafficking
and to bring traffickers to justice, principally be-
cause such legislation and enforcement do not reflect
the gravity of the offenses involved. Instead, even
the most brutal instances of sexual trafficking are
often punished under laws that also apply to far less
serious offenses such as consensual sexual activity
and illegal immigration, so that traffickers typically
escape severe punishment.
(6) In some countries, enforcement against
international sexual traffickers is also hindered by
official indifference, by corruption, and sometimes
even by active official participation in trafficking.
(7) Because existing laws and law enforcement
procedures often fail to make clear distinctions be-
tween victims of sexual trafficking and persons who
have wilfully violated laws such as those against
prostitution, and because victims often do not have
legal immigration status in the countries into which
they are trafficked, the victims are often punished
more harshly than the traffickers themselves.
(8) Because victims of international sexual traf-
ficking are frequently unfamiliar with the laws, cul-
tures, and languages of the countries into which
they have been trafficked, and because they are sub-
jected to coercion and intimidation including phys-
ical detention, debt bondage, fear of retribution, and
fear of forcible removal to countries in which they
will face retribution or other hardship, these victims
often find it difficult or impossible to report the
crimes committed against them or to assist in the
investigation and prosecution of such crimes.
(9) The Universal Declaration of Human
Rights recognizes the right to be free from slavery
and involuntary servitude, arbitrary detention, de-
grading or inhuman treatment, and arbitrary inter-
ference with privacy or the family, as well as the
right to protection by law against these abuses.
(10) The United Nations General Assembly has
passed three resolutions during the last three years
(50/167, 51/66, and 52/98) recognizing that the
international traffic in women and girls, particularly
for purposes of forced prostitution, is a matter of
pressing international concern involving numerous
violations of fundamental human rights. The resolu-
tions call upon governments of receiving countries as
well as countries of origin to strengthen their laws
against such practices, to intensify their efforts to
enforce such laws, and to ensure the full protection,
treatment, and rehabilitation of women and children
who are victims of trafficking.
(11) The Final Report of the World Congress
against Sexual Exploitation of Children, held in
Stockholm, Sweden in August 1996, recognized that
international sexual trafficking is a principal cause
of increased exploitation and degradation of chil-
dren.
(12) In the 1991 Moscow Document of the Or-
ganization for Security and Co-operation in Europe,
participating states including the United States
agreed to ‘‘seek to eliminate all forms of violence
against women, and all forms of traffic in women
and exploitation of prostitution of women including
by ensuring adequate legal prohibitions against such
acts and other appropriate measures’’.
(13) In order to deter international sexual traf-
ficking and to bring its perpetrators to justice, na-
tions including the United States must recognize
that sexual trafficking is a grave offense, equivalent
for all moral and practical purposes to the crime of
rape, and must act on this recognition by pre-
scribing appropriate punishment for sexual traf-
ficking, by giving the highest priority to its inves-
tigation and prosecution, and by protecting rather
than punishing its victims.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) SEXUAL TRAFFICKING.—The term ‘‘sexual
trafficking’’ means the taking of a person across an
international border for the purpose of a commercial
sexual act, if either such taking or such sexual act
is effected by fraud, force, or coercion, or if the per-
son has not attained the age of 18 years.
(2) VICTIM
OF
SEXUAL
TRAFFICKING.—The
term ‘‘victim of sexual trafficking’’ means any per-
son who is taken across an international border for
the purpose of a commercial sexual act, if the par-
ticipation of such person in such taking or such act
is induced by fraud, force, or coercion, or if the per-
son has not attained the age of 18 years.
(3) ACT OF SEXUAL TRAFFICKING.—The term
‘‘act of sexual trafficking’’ means any act at any
point in the process of sexual trafficking, including
any act of recruitment, harboring, transport, pur-
chase, or sale of a victim of sexual trafficking, or
any act of operation, management, or ownership of
an enterprise in which a victim of sexual trafficking
engages in a commercial sexual act or is induced or
expected to engage in such act, or sharing in the
profits of the process of sexual trafficking or any
part thereof.
(4) COMMERCIAL
SEXUAL
ACT.—The term
‘‘commercial sexual act’’ means a sexual act on ac-
count of which anything of value is given to or re-
ceived by any person.
(5) MINIMUM
STANDARDS
FOR
THE
ELIMI-
NATION OF SEXUAL TRAFFICKING.—The term ‘‘min-
imum standards for the elimination of sexual traf-
ficking’’ means the standards set forth in section 4.
(6) 
NONHUMANITARIAN
FOREIGN
ASSIST-
ANCE.—The term ‘‘nonhumanitarian foreign assist-
ance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
(i) assistance under chapter 8 of part
I of that Act;
(ii) any other narcotics-related assist-
ance under part I of that Act or under
chapter 4 or 5 of part II of that Act, but
any such assistance provided under this
clause shall be subject to the prior notifica-
tion 
procedures 
applicable 
to
reprogrammings pursuant to section 634A
of that Act;
(iii) disaster relief assistance, includ-
ing any assistance under chapter 9 of part
I of that Act;
(iv) antiterrorism assistance under
chapter 8 of part II of that Act;
(v) assistance which involves the pro-
vision of food (including monetization of
food) or medicine;
(vi) assistance for refugees; and
(vii) humanitarian and other develop-
ment assistance in support of programs of
nongovernmental 
organizations 
under
chapters 1 and 10 of that Act;
(B) sales, or financing on any terms, under
the Arms Export Control Act, other than sales
or financing provided for narcotics-related pur-
poses following notification in accordance with
the prior notification procedures applicable to
reprogrammings pursuant to section 634A of
the Foreign Assistance Act of 1961; and
(C) financing under the Export-Import
Bank Act of 1945.
SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF
SEXUAL TRAFFICKING.
(a) MINIMUM STANDARDS.—Minimum standards for
the elimination of sexual trafficking are as follows:
(1) The country should prohibit and punish sex-
ual trafficking.
(2) The country should prescribe punishment
commensurate with that for the most serious crimes,
such as forcible sexual assault, for a person who
knowingly commits an act of sexual trafficking in-
volving fraud, force, or coercion, or in which the vic-
tim of sexual trafficking has not attained the age of
14 years.
(3) The country should prescribe punishment
commensurate with that prescribed for other serious
crimes for a person who knowingly commits an act
of sexual trafficking in which there is no proof of
fraud, force, or coercion, and in which the victim of
sexual trafficking has attained the age of 14 years
but has not attained the age of 18 years.
(4) The country should make serious and sus-
tained efforts to eliminate sexual trafficking.
(b) CRITERIA.—In determinations under subsection
(a)(3) the following factors should be considered:
(1) Whether the country vigorously investigates
and prosecutes acts of trafficking 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 sex-
ual trafficking.
(3) Whether the country extradites persons
charged with acts of sexual trafficking 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 sexual traf-
(b) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—Not later than April 30
of each year, the Secretary of State, with the assist-
ance of the director, shall submit to the Congress a
report with respect to the status of international
sexual trafficking, including a list of those countries,
if any, that do not meet the minimum standards for
the elimination of sexual trafficking under section 4.
(2) COUNTRY
REPORTS
ON
HUMAN
RIGHTS
PRACTICES.—Section 116(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151n) is amended—
(A) at the end of paragraph (6) by striking
‘‘and’’;
(B) at the end of paragraph (7) by striking
the period and inserting ‘‘; and’’; and
(C) by adding after paragraph (7) the fol-
lowing new paragraph:
‘‘(8) information on sexual trafficking and of
efforts being taken by the country to prevent such
trafficking.’’.
(3) INTERIM
REPORTS.—The Secretary of
State, with the assistance of the director, may sub-
mit to the Congress in addition to the annual report
under subsection (b) one or more interim reports
with respect to the status of international sexual
trafficking, including information about countries
whose governments have come into or out of compli-
ance with the minimum standards for the elimi-
nation of sexual trafficking since the transmission of
the last annual report.
(c) DUTIES AND AUTHORITIES OF THE DIRECTOR.—
Pursuant to the responsibilities set forth in subsections
(a) and (b), the director shall assist the Secretary in the
establishment and operation of facilities to receive and dis-
seminate information about international sexual traf-
ficking, including a site on the Internet. The director shall
have authority to consult with experts on international
sexual trafficking and with victims and other affected per-
sons and to take evidence in public hearings or by other
means.
(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary of State $2,000,000 for fiscal
year 2000 and $2,000,000 for fiscal year 2001 for the
Office for the Protection of Victims of Trafficking.
(e) NOMINATION OF DIRECTOR.—The President shall
transmit to the Senate the nomination of the director not
later than 120 days after the effective date of this Act.
SEC. 6. ASSISTANCE FOR VICTIM PROTECTION.
(a) INTERNATIONAL VICTIM PROGRAMS.—There is
authorized to be appropriated to the Secretary of State
$10,000,000 for fiscal year 2000 and $10,000,000 for fis-
cal year 2001, for assistance to foreign countries in pro-
grams and activities designed to meet the minimum inter-
national standards for the elimination of sexual traf-
ficking, including drafting of legislation to prohibit and
punish acts of sexual trafficking, investigation and pros-
ecution of sexual trafficking, and facilities, programs, and
activities for the protection of victims.
(b) DOMESTIC VICTIM PROGRAMS.—There is appro-
priated to the Secretary of Health and Human Services,
$10,000,000 for fiscal year 2000 and $10,000,000 for fis-
cal year 2001, for programs and activities to assist victims
of sexual trafficking in the United States.
(c) ASSISTANCE THROUGH NGOS.—In carrying out
this section, assistance should be administered through
nongovernmental organizations (NGOs) whenever pos-
sible.
(d) ASSET FORFEITURE FUNDS.—Funds from asset
forfeiture under section 2241A of title 18, United States
Code, are authorized to be available in equal amounts for
the purposes of subsections (a) and (b) and shall remain
available for obligation until expended.
SEC. 7. PROTECTION FROM REMOVAL FOR CERTAIN VIC-
TIMS OF SEXUAL TRAFFICKING.
(a) NONIMMIGRANT CLASSIFICATION FOR CERTAIN
VICTIMS OF SEXUAL TRAFFICKING.—Section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(R);
(2) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; or’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(T) an alien who the Attorney General
determines—
‘‘(i) is physically present in the
United States;
‘‘(ii) is or has been a victim of sexual
trafficking as defined in section 3 of the
Freedom From Sexual Trafficking Act of
1999;
‘‘(iii)(I) has not unreasonably refused
to assist in the investigation or prosecution
of acts of sexual trafficking; or
‘‘(II) has not attained the age of 14
years; and
‘‘(iv) would face a significant possi-
bility of retribution or other hardship if re-
moved from the United States,
and, if the Attorney General considers it to be
appropriate, the spouse, married and unmarried
sons and daughters, and parents of an alien de-
scribed in this subparagraph if accompanying,
or following to join, the alien, except that no
person shall be eligible for admission to the
United States under this subparagraph if there
is substantial reason to believe that the person
has committed an act of sexual trafficking as
defined in section 3 of the Freedom From Sex-
ual Trafficking Act of 1999.’’.
(b) WAIVER OF GROUNDS FOR INELIGIBILITY FOR
ADMISSION.—Section 212(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(d)) is amended by adding
at the end the following new paragraph:
‘‘(13) The Attorney General shall determine
whether a ground for inadmissibility exists with re-
spect to a nonimmigrant described in section
101(a)(15)(T). The Attorney General, in the Attor-
ney General’s discretion, may waive the application
of subsection (a) (other than paragraph (3)(E)) in
the case of a nonimmigrant described in section
101(a)(15)(T), if the Attorney General considers it
to be in the national interest to do so. Nothing in
this section shall be regarded as prohibiting the Im-
migration and Naturalization Service from insti-
tuting removal proceedings against an alien admit-
ted as a nonimmigrant under section 101(a)(15)(T)
for conduct committed after the alien’s admission
into the United States, or for conduct or a condition
that was not disclosed to the Attorney General prior
to the alien’s admission as a nonimmigrant under
section 101(a)(15)(T).’’.
(c) ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS.—Section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) is amended by adding at the end the
following new subsection:
‘‘(l)(1) If, in the opinion of the Attorney General, a
nonimmigrant admitted into the United States under 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 admission as a nonimmigrant
under section 101(a)(15)(T);
‘‘(B) has, throughout such period, been a per-
son of good moral character;
‘‘(C) has not, during such period, unreasonably
refused to provide assistance in the investigation or
prosecution of acts of sexual trafficking; and
‘‘(D) would face a significant possibility of ret-
ribution or other hardship if removed from the
United States,
the Attorney General may adjust the status of the alien
(and the spouse, married and unmarried sons and daugh-
ters, and parents of the alien if admitted under that sec-
tion) to that of an alien lawfully admitted for permanent
residence if the alien is not described in section
212(a)(3)(E)
‘‘(2) An alien shall be considered to have failed to
maintain continuous physical presence in the United
States under paragraph (1)(A) if the alien has departed
from the United States for any period in excess of 90 days
or for any periods in the aggregate exceeding 180 days.’’.
SEC. 8. 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 sexual trafficking.
(b) NOTIFICATION.—For each fiscal year, for each
foreign country which does not meet minimum standards