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Europe, and the United Nations, and with trafficking vic-
tims or other affected persons. The Director shall have the
authority to take evidence in public hearings or by other
means. The Office is authorized to retain staff members
from agencies represented on the Task Force.
(e) ACTIVITIES OF THE TASK FORCE.—In consultation
with nongovernmental organizations, the Task Force shall
carry out the following activities:
(1) Coordinate the implementation of this Act.
(2) Measure and evaluate progress of the United
States and other countries in the areas of trafficking
prevention, protection and assistance to victims of
trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in
facilitating trafficking. Beginning in 2002, not later
than June 1 of each year, identify and publish the
names of those countries which do not meet the min-
imum standards set forth in section 8.
(3) Expand interagency procedures to collect and
organize data, including significant research and re-
source information on domestic and international
trafficking. Any data collection procedures established
under this subsection shall respect the confidentiality
of victims of trafficking.
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(4) Engage in efforts to facilitate cooperation
among countries of origin, transit, and destination.
Such efforts shall aim to strengthen local and regional
capacities to prevent trafficking, prosecute traffickers
and assist trafficking victims, and shall include ini-
tiatives to enhance cooperative efforts between destina-
tion countries and countries of origin and assist in
the appropriate reintegration of stateless victims of
trafficking.
(5) Examine the role of the international ‘‘sex
tourism’’ industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world.
(6) Engage in advocacy, with governmental and
nongovernmental organizations, among other entities,
to advance the purposes of this Act.
(f) INTERIM REPORTS.—In addition to the list pro-
vided under subsection (e)(2), the Secretary of State, in the
capacity as chair of the Interagency Task Force, may sub-
mit to the appropriate congressional committees one or
more interim reports with respect to the status of severe
forms of trafficking in persons, including information about
countries whose governments have come into or out of com-
pliance with the minimum standards for the elimination
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of trafficking since the transmission of the last annual re-
port.
SEC. 6. PREVENTION OF TRAFFICKING.
(a) ECONOMIC
ALTERNATIVES
TO
PREVENT
AND
DETER TRAFFICKING.—The President, acting through the
Administrator of the United States Agency for Inter-
national Development and the heads of other appropriate
agencies, shall establish and carry out international initia-
tives to enhance economic opportunity for potential victims
of trafficking as a method to deter trafficking. Such initia-
tives may include—
(1) microcredit lending programs, training in
business development, skills training, and job coun-
seling;
(2) programs to promote women’s participation
in economic decisionmaking;
(3) programs to keep children, especially girls, in
elementary and secondary schools, and to educate
children, women, and men who have been victims of
trafficking;
(4) development of educational curricula regard-
ing the dangers of trafficking; and
(5) grants to nongovernmental organizations to
accelerate and advance the political, economic, social,
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and educational roles and capacities of women in
their countries.
(b) PUBLIC AWARENESS
AND INFORMATION.—The
President, acting through the Secretary of Labor, the Sec-
retary of Health and Human Services, the Attorney Gen-
eral, and the Secretary of State, shall establish and carry
out programs to increase public awareness, particularly
among potential victims of trafficking, of the dangers of
trafficking and the protections that are available for victims
of trafficking.
(c) CONSULTATION REQUIREMENT.—The President
shall consult with appropriate nongovernmental organiza-
tions with respect to the establishment and conduct of ini-
tiatives described in subsections (a) and (b).
SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF
TRAFFICKING.
(a) ASSISTANCE
FOR VICTIMS
IN OTHER COUN-
TRIES.—
(1) IN GENERAL.—The Secretary of State and
the Administrator of the United States Agency for
International Development, in consultation with ap-
propriate nongovernmental organizations, shall estab-
lish and carry out programs and initiatives in for-
eign countries to assist in the safe integration, re-
integration, or resettlement, as appropriate, of vic-
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tims of trafficking. Such programs and initiatives
shall be designed to meet the appropriate assistance
needs of such persons and their children, as identified
by the Inter-Agency Task Force to Monitor and Com-
bat Trafficking established under section 5.
(2) ADDITIONAL REQUIREMENT.—In establishing
and conducting programs and initiatives described in
paragraph (1), the Secretary of State and the Admin-
istrator of the United States Agency for International
Development shall take all appropriate steps to en-
hance cooperative efforts among foreign countries, in-
cluding countries of origin of victims of trafficking, to
assist in the integration, reintegration, or resettle-
ment, as appropriate, of victims of trafficking includ-
ing stateless victims.
(b) VICTIMS IN THE UNITED STATES.—
(1) ASSISTANCE.—Subject to the availability of
appropriations and notwithstanding title IV of the
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996, the Attorney General, the
Secretary of Health and Human Services, the Sec-
retary of Labor, the heads of other Federal agencies,
and the Board of Directors of the Legal Services Cor-
poration shall expand existing services to provide as-
sistance to victims of severe forms of trafficking in
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persons within the United States, without regard to
the immigration status of such victims.
(2) GRANTS.—
(A) Subject to the availability of appropria-
tions, the Attorney General may make grants to
States, territories, and possessions of the United
States, Indian tribes, units of local government,
and nonprofit, nongovernmental victims’ service
organizations to develop, expand, or strengthen
victim service programs for victims of traf-
ficking.
(B) Of amounts made available for grants
under this paragraph, there shall be set aside 3
percent for research, evaluation and statistics; 2
percent for training and technical assistance;
and 1 percent for management and administra-
tion.
(C) The Federal share of a grant made
under this paragraph may not exceed 75 percent
of the total costs of the projects described in the
application submitted.
(c) TRAFFICKING VICTIM REGULATIONS.—Not later
than 180 days after the date of enactment of this Act, the
Attorney General and the Secretary of State shall promul-
gate regulations for law enforcement personnel, immigra-
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tion officials, and Department of State officials to imple-
ment the following:
(1) Victims of severe forms of trafficking, while
in the custody of the Federal Government and to the
extent practicable, shall—
(A) not be detained in facilities inappro-
priate to their status as crime victims;
(B) receive necessary medical care and other
assistance; and
(C) be provided protection if a victim’s safe-
ty is at risk or if there is danger of additional
harm by recapture of the victim by a trafficker,
including—
(i) taking measures to protect traf-
ficked persons and their family members
from intimidation and threats of reprisals
and reprisals from traffickers and their as-
sociates; and
(ii) ensuring that the names and iden-
tifying information of trafficked persons
and their family members are not disclosed
to the public.
(2) Victims of severe forms of trafficking shall
have access to information about their rights and
translation services.
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(3) Federal law enforcement officials may act to
permit an alien individual’s continued presence in
the United States, if after an assessment, it is deter-
mined that such individual is a victim of trafficking
and a potential witness, in order to effectuate pros-
ecution of those responsible, and such officials in in-
vestigating and prosecuting traffickers shall protect
the safety of trafficking victims, including taking
measures to protect trafficked persons and their fam-
ily members from intimidation, threats of reprisals
and reprisals from traffickers and their associates.
(4) 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.
(d) CONSTRUCTION.—Nothing in subsection (c) shall
be construed as creating any private cause of action against
the United States or its officers or employees.
(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME
VICTIMS.—Section 101(a)(15) of the Immigration and Na-
tionality 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 subpara-
graph (S) and inserting ‘‘; or’’; and
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(3) by adding at the end the following new sub-
paragraph:
‘‘(T)(i) subject to subsection (m), an alien
who the Attorney General 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 Protec-
tion Act of 2000,
‘‘(II) is physically present in the
United States, American Samoa, or the
Commonwealth of the Northern Mariana Is-
lands, or at a port of entry thereto on ac-
count of such trafficking,
‘‘(III)(aa) has complied with any rea-
sonable request for assistance in the inves-
tigation or prosecution of acts of trafficking,
or
‘‘(bb) has not attained the age of 14
years, and
‘‘(IV) the alien would suffer extreme
hardship upon removal from the United
States,
except that no person shall be eligible for admis-
sion to the United States under this subpara-
graph if there is substantial reason to believe
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that the person has committed an act of a severe
form of trafficking in persons, as defined in sec-
tion 3 of the Trafficking Victims Protection Act
of 2000; and
‘‘(ii) if the Attorney General considers it
necessary to avoid extreme hardship—
‘‘(I) in the case of an alien described
in clause (i) who is under 21 years of age,
the spouse, children, and parents of such
alien; and
‘‘(II) in the case of an alien described
in clause (i) who is 21 years of age or older,
the minor children of such alien,
if accompanying, or following to join, the alien
described in clause (i).
(2) DUTIES OF THE ATTORNEY GENERAL WITH
RESPECT TO ‘‘T’’ VISA NONIMMIGRANTS.—Section 101
of the Immigration and Nationality Act (8 U.S.C.
1101) is amended by adding at the end the following
new subsection:
‘‘(i) With respect to nonimmigrant aliens described in
subsection (a)(15)(T)(i)—
‘‘(1) the Attorney General and other government
officials, where appropriate, shall provide those aliens
with referrals to nongovernmental organizations that
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would advise the aliens regarding their options while
in the United States and the resources available to
them; and
‘‘(2) the Attorney General shall, during the pe-
riod those aliens are in lawful temporary resident
status under that subsection, grant the aliens author-
ization to engage in employment in the United States
and provide the aliens with an ‘employment author-
ized’ endorsement or other appropriate work permit.’’.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR
ADMISSION.—Section 212(d) of the Immigration and
Nationality 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 respect to a non-
immigrant described in section 101(a)(15)(T)(i). The Attor-
ney General, in the Attorney General’s discretion, may
waive the application of subsection (a) (other than para-
graph (3)(E)) in the case of a nonimmigrant described in
section 101(a)(15)(T)(i), 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 Attorney Gen-
eral from instituting removal proceedings against an alien
admitted 
as 
a 
nonimmigrant 
under 
section
101(a)(15)(T)(i) for material nontrafficking related con-
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duct committed after the alien’s admission into the United
States, or for material nontrafficking related 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)(i).’’.
(f) ADJUSTMENT
TO PERMANENT RESIDENT STA-
TUS.—Section 245 of such 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)(i)—
‘‘(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)(i),
‘‘(B) has, throughout such period, been a person
of good moral character, and
‘‘(C)(i) has, during such period, complied with
any reasonable request for assistance in the investiga-
tion or prosecution of acts of trafficking, or
‘‘(ii) the alien would suffer extreme hardship
upon removal from the United States,
the Attorney General may adjust the status of the alien (and
any other alien admitted under that section) to that of an
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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.
‘‘(3) Upon the approval of adjustment of status under
paragraph (1), the Attorney General shall record the alien’s
lawful admission for permanent residence as of the date of
such approval.’’.
SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
(a) MINIMUM STANDARDS.—For purposes of this Act,
the minimum standards for the elimination of trafficking
for a country that is a country of origin, transit, or destina-
tion for a significant number of victims are the following
standards:
(1) The country should prohibit severe forms of
trafficking in persons and punish acts of such traf-
ficking.
(2) For the knowing commission of any act of
sex trafficking involving force, fraud, coercion, or in
which the victim of sex trafficking is a child incapa-
ble of giving meaningful consent, or of trafficking
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which includes rape or kidnapping or which causes a
death, the country should prescribe punishment com-
mensurate 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 of whether a coun-
try is making serious and sustained efforts under subsection
(a)(4), the following factors should be considered as indicia
of a good faith effort to eliminate severe forms of trafficking
in persons:
(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 per-
sons on the same terms and to the same extent as per-
sons 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 enforcement
agencies of the country respond to any such evidence
in a manner which is consistent with the vigorous in-
vestigation and prosecution of acts of such trafficking,
as well as with the protection of human rights of vic-
tims and the internationally recognized human right
to leave and return to one’s own country.
(5) Whether the country protects victims of severe
forms of trafficking in persons and encourages their
assistance in the investigation and prosecution of
such trafficking, including provision for legal alter-
natives 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 Administrator of the
United States Agency for International Development are
authorized to provide assistance to foreign countries di-
rectly, or through nongovernmental, intergovernmental and
multilateral organizations, for programs and activities de-
signed to meet the minimum international standards for
the elimination of trafficking, including drafting of legisla-
tion to prohibit and punish acts of trafficking, the inves-
tigation and prosecution of traffickers, the creation and
maintenance of facilities, programs, and activities for the
protection of victims, and the expansion of exchange pro-
grams and international visitor programs for governmental
and nongovernmental personnel to combat trafficking.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO
MEET MINIMUM STANDARDS.
(a) AUTHORITY TO IMPOSE SANCTIONS.—The Presi-
dent may impose any of the measures described in sub-
section (b) against any foreign country to which the min-
imum standards for the elimination of trafficking under
section 8 are applicable and which do not meet such stand-
ards. The President shall exercise the authority of this sub-
section so as to avoid adverse effects on vulnerable popu-
lations, including women and children.
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(b) SANCTIONS THAT MAY BE IMPOSED.—The meas-
ures described in this subsection are the following:
(1) FOREIGN ASSISTANCE.—
(A) IN GENERAL.—Subject to subparagraph
(B), the President may deny to the country as-
sistance of any kind which is provided by grant,
sale, loan, lease, credit, guaranty, or insurance,
or by any other means, by any agency or instru-
mentality of the United States Government. The
President may exercise the authority of this sub-
paragraph with respect to all foreign assistance
to a country or with respect to any specific pro-
grams, projects, or activities.
(B) EXCEPTION.—Subparagraph (A) shall
not apply to assistance under the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.), or any
successor provision of law, or the Arms Export
Control Act (22 U.S.C. 2751 et seq.) that is in-
tended to benefit the people of that country di-
rectly and that is not channeled through govern-
mental agencies or entities of that country.
(2) MULTILATERAL DEVELOPMENT BANK ASSIST-
ANCE.—
(A) IN GENERAL.—The President may in-
struct the United States Executive Director to
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each international financial institution described
in subparagraph (B) to use the voice and vote of
the United States to oppose any loan or finan-
cial or technical assistance to the country by
such international financial institution.
(B) INTERNATIONAL
FINANCIAL
INSTITU-
TIONS DESCRIBED.—The international financial
institutions described in this subparagraph are
the International Bank for Reconstruction and
Development, the International Development As-
sociation, the International Finance Corpora-
tion, the Inter-American Development Bank, the
African Development Bank, the European Bank
for Reconstruction and Development, and the
International Monetary Fund.
(3) PROHIBITION OF ARMS SALES.—The Presi-
dent may prohibit the transfer of defense articles, de-
fense services, or design and construction services
under the Arms Export Control Act (22 U.S.C. 2751
et seq.), including defense articles and defense services
licensed or approved for export under section 38 of
that Act (22 U.S.C. 2778), to the country or any na-
tional of the country.
(4) EXPORT RESTRICTIONS.—The President may
prohibit or otherwise substantially restrict exports to
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the country of goods, technology, and services (exclud-
ing agricultural commodities and products otherwise
subject to control) and may suspend existing licenses
for the transfer to that person of items the export of
which is controlled under the Export Administration
Act of 1979 or the Export Administration Regula-
tions.
(c) REPORT TO CONGRESS.—Upon exercising the au-
thority of subsection (a), the President shall submit a report
to Congress on the measures applied under this section and
the reasons for the application of the measures.
SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.
(a) AUTHORITY TO SANCTION TRAFFICKERS IN PER-
SONS.—
(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. 1701) 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 para-
graph (1).
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(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.—
(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 subpara-
graph (A).
(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 compiled
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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.
(B) The Director of Central Intelligence.
(C) The Director of the Federal Bureau of
Investigation.
(D) The Secretary of Labor.
(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 Judi-
ciary and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and to the
Committees on Foreign Relations, the Judiciary, and
the Select Committee on Intelligence of the Senate;
and publish the list or revisions to such list in the
Federal Register after such persons on the list have
admitted, been convicted, or been formally found to
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have participated in the acts described in paragraph
(1) (A), (B), and (C).
(c) REPORT TO CONGRESS ON IDENTIFICATION AND
SANCTIONING OF TRAFFICKERS IN PERSONS.—Upon exer-
cising the authority of subsection (a), the President shall
submit a report to the Committees on the International Re-
lations and the Judiciary, and the Permanent Select Com-
mittee on Intelligence of the House of Representatives and
to the Committees on Foreign Relations and the Judiciary,
and the Select Committee on Intelligence of the Senate—
(1) identifying publicly the foreign persons from
the list published under subsection (b)(4) that the
President determines are appropriate for sanctions
pursuant to this section; and
(2) detailing publicly the sanctions imposed pur-
suant to this section.
(d) EXCLUSION OF CERTAIN INFORMATION.—
(1) INTELLIGENCE.—Notwithstanding any other
provision of this section, the list and report described
in subsections (b) and (c) shall not disclose the iden-
tity of any person, if the Director of Central Intel-
ligence determines that such disclosure could com-
promise an intelligence operation, activity, source, or
method of the United States.
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(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 co-
ordination as appropriate with the Director of the
Federal Bureau of Investigation, the Administrator of
the Drug Enforcement Administration, and the Sec-
retary of the Treasury, determines that such disclo-
sure 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
that furnished information on a confidential
basis;
(B) jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) endanger the life or physical safety of
any person; or
(D) cause substantial harm to physical
property.
(3) NOTIFICATION REQUIRED.—(A) Whenever ei-
ther the Director of Central Intelligence or the Attor-
ney General makes a determination under this sub-
section, the Director of Central Intelligence or the At-
torney General shall notify the Permanent Select
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Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the
Senate, and explain the reasons for such determina-
tion.
(B) The notification required under this para-
graph shall be submitted to the Permanent Select
Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the
Senate not later than July 1, 2001, and on an an-
nual basis thereafter.
(e) LAW ENFORCEMENT AND INTELLIGENCE ACTIVI-
TIES NOT AFFECTED.—Nothing in this section prohibits or
otherwise limits the authorized law enforcement or intel-
ligence activities of the United States or the law enforce-
ment activities of any State or subdivision thereof.
(f) EXCLUSION OF PERSONS WHO HAVE BENEFITED
FROM ILLICIT ACTIVITIES OF TRAFFICKERS IN PERSONS.—
Section 212(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(2)) is amended by adding at the end the
following new subparagraph:
‘‘(H) TRAFFICKERS
IN
PERSONS.—Any
alien who—
‘‘(i) is on the most recent list of traf-
fickers provided in section 11 of the Traf-
ficking Victims Protection Act of 2000, or
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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 traf-
ficker in severe forms of trafficking in per-
sons, as defined in the section 3 of such Act;
or
‘‘(ii) who the consular officer or the At-
torney General knows or has reason to be-
lieve is the spouse, son, or daughter of an
alien inadmissible under clause (i), has,
within the previous 5 years, obtained any
financial or other benefit from the illicit ac-
tivity of that alien, and knew or reasonably
should have known that the financial or
other benefit was the product of such illicit
activity, is inadmissible.’’.
(g) IMPLEMENTATION.—
(1) The Secretary of State, the Attorney General,
and the Secretary of the Treasury are authorized to
take such actions as may be necessary to carry out
this section, including promulgating rules and regula-
tions permitted under this Act.
(2)(A) Subject to subparagraph (B), such rules
and regulations shall require that a reasonable effort
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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 sub-
section (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-
ticable after the placement of the person on the list de-
scribed 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—
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(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 under this section the defendant’s acts con-
stitute kidnapping or an attempt to kidnap, ag-
gravated 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.’’;
(2) in section 1584—
(A) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
and
(B) by adding at the end the following new
subsection:
‘‘(b) For the purposes of this section, the term ‘involun-
tary servitude’ includes a condition of servitude induced by
means of—
‘‘(1) any act, scheme, plan, or pattern intended
to cause a person to believe that, if the person did not
enter into or continue in such condition, that person
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or another person would suffer serious harm or phys-
ical restraint, or
‘‘(2) the abuse or threatened abuse of the legal
process.’’;
(3) by inserting at the end the following new sec-
tions:
‘‘§ 1589. Trafficking with respect to peonage, slavery,
or involuntary servitude
‘‘Whoever knowingly recruits, harbors, transports, pro-
vides, or obtains by any means any person in or into a
condition that constitutes a violation of this chapter for the
purpose of subjecting the person to or maintaining the per-
son in such condition shall be fined under this title or im-
prisoned not more than 20 years, or both. If death results
from a violation of this section, or if under this section the
defendant’s acts constitute kidnapping or an attempt to
kidnap, aggravated sexual abuse, or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defend-
ant shall be fined under this title or imprisoned for any
term of years or life, or both.
‘‘§ 1590. Sex trafficking of children or by force, fraud,
or coercion
‘‘(a) IN GENERAL.—Whoever knowingly—
‘‘(1) recruits, harbors, transports, provides, or
obtains by any means a person; or
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‘‘(2) benefits, financially or otherwise, from an
enterprise in which a person has been recruited, har-
bored, transported, provided, or obtained in violation
of paragraph (1),
knowing that force, fraud, or coercion described in sub-
section (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 com-
mercial sex act, shall be punished as provided in subsection
(b).
‘‘(b) PUNISHMENT.—An offense under subsection (a) is
punishable—
‘‘(1) if the offense was effected by force, fraud, or
coercion, or if the person transported had not at-
tained the age of 14 years at the time of such offense,
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 imprison-
ment for not more than 20 years, or both.
‘‘(c) DEFINITION.—In this section:
‘‘(1) COERCION.—The term ‘coercion’ includes—
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‘‘(A) any act, scheme, plan, or pattern in-
tended to cause a person to believe that if the
person did not engage in a commercial sex act,
that person or another person would suffer seri-
ous harm or physical restraint, and
‘‘(B) the abuse or threatened abuse of law or
the legal process.
‘‘(2) COMMERCIAL SEX ACT.—The term ‘commer-
cial sex act’ means any sex act, in or affecting inter-
state or foreign commerce, on account of which any-
thing of value is given to or received by any person,
and—
‘‘(A) which takes place in the United States;
or
‘‘(B) in which either the person who caused
or is expected to participate in the act or the
person committing the violation is a United
States citizen or an alien admitted for perma-
nent residence in the United States.
‘‘§ 1591. Unlawful conduct with respect to documents
in furtherance of trafficking, peonage,
slavery, or involuntary servitude
‘‘Whoever, without lawful authority, knowingly and
willfully destroys, conceals, removes, confiscates, or possesses
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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 overtime
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 vic-
tim’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.
‘‘§ 1593. General provisions
‘‘(a) An attempt to violate section 1581, 1583, 1584,
1589, 1590, or 1591 shall be punishable in the same manner
as a completed violation of that section.
‘‘(b) The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in addi-
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tion 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 viola-
tion; and
‘‘(B) any property, real or personal, constituting
or derived from, any proceeds that such person ob-
tained, directly or indirectly, as a result of such vio-
lation.
‘‘(c)(1) The following shall be subject to forfeiture to
the United States and no property right shall exist in them:
‘‘(A) Any personal property used or intended to
be used to commit or to facilitate the commission of
any violation of this chapter.
‘‘(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
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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. Trafficking with respect to peonage, slavery, or involuntary servitude.
‘‘1590. Sex trafficking of children or by force, fraud, or coercion.
‘‘1591. Unlawful conduct with respect to documents in furtherance of trafficking,
peonage, slavery, or involuntary servitude.
‘‘1592. Mandatory restitution.
‘‘1593. General provisions.’’.
(b) AMENDMENT TO THE SENTENCING GUIDELINES.—
(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 traf-
ficking of persons including component or related
crimes of peonage, involuntary servitude, slave trade
offenses, and possession, transfer or sale of false immi-
gration documents in furtherance of trafficking.
(2) In carrying out this subsection, the Sen-
tencing Commission shall—
(A) take all appropriate measures to ensure
that these sentencing guidelines and policy state-
ments applicable to the offenses described in
paragraph (1) of this subsection are sufficiently
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stringent to deter and adequately reflect the hei-
nous 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 described
in paragraph (1) of this subsection that—
(i) involve a large number of victims;
(ii) involve a pattern of continued and
flagrant violations;
(iii) involve the use or threatened use
of a dangerous weapon; or
(iv) result in the death or bodily in-
jury of any person.
(3) The Commission may promulgate the guide-
lines or amendments under this subsection in accord-
ance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority
under that Act had not expired.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS IN SUPPORT
OF THE INTERAGENCY TASK FORCE.—To carry out the
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purposes of sections 4, 5, and 10, there are authorized to
be appropriated to the Secretary of State $1,500,000 for fis-
cal year 2001 and $3,000,000 for fiscal year 2002.
(b) AUTHORIZATION
OF APPROPRIATIONS
TO
THE
SECRETARY OF HEALTH AND HUMAN SERVICES.—To carry
out the purposes of section 7(b), there are authorized to be
appropriated to the Secretary of Health and Human Serv-
ices $5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002.
(c) AUTHORIZATION OF APPROPRIATIONS TO THE SEC-
RETARY OF STATE.—
(1) ASSISTANCE FOR VICTIMS IN OTHER COUN-
TRIES.—To carry out the purposes of section 7(a),
there are authorized to be appropriated to the Sec-
retary of State $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
(2) VOLUNTARY CONTRIBUTIONS TO OSCE.—To
carry out the purposes of section 9, there are author-
ized to be appropriated to the Secretary of State
$300,000 for voluntary contributions to advance
projects aimed at preventing trafficking, promoting
respect for human rights of trafficking victims, and
assisting the Organization for Security and Coopera-
tion in Europe participating states in related legal
reform for fiscal year 2001.
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(3) PREPARATION OF ANNUAL COUNTRY REPORTS
ON HUMAN RIGHTS.—To carry out the purposes of
section 4, there are authorized to be appropriated to
the Secretary of State such sums as may be necessary
to include the additional information required by that
section in the annual Country Reports on Human
Rights Practices, including the preparation and pub-
lication of the list described in subsection (a)(1) of
that section.
(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 Gen-
eral $5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002.
(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 fiscal
year 2001 and $10,000,000 for fiscal year 2002.
(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
2001 and $10,000,000 for fiscal year 2002.
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(f) AUTHORIZATION OF APPROPRIATIONS TO THE SEC-
RETARY OF LABOR.—To carry out the purposes of section
7(b), there are authorized to be appropriated to the Sec-
retary of Labor $5,000,000 for fiscal year 2001 and
$10,000,000 for fiscal year 2002.
Attest:
Secretary.
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