[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1356 Introduced in House (IH)]







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 
 following bill; which was referred to the Committee on International 
   Relations, 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 Representatives 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 children are brought across 
international boundaries by means of force or fraud for purposes of 
forced prostitution, 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 coercion, sexual trafficking includes 
        all the elements of the crime of rape, which is defined by all 
        legal systems as among the most serious of all crimes.
            (4) International sexual trafficking also involves frequent 
        and serious violations of other laws, including 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 because 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 between 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 trafficking are 
        frequently unfamiliar with the laws, cultures, and languages of 
        the countries into which they have been trafficked, and because 
        they are subjected to coercion and intimidation including 
        physical 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, degrading or inhuman treatment, and 
        arbitrary interference 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 resolutions 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 
        children.
            (12) In the 1991 Moscow Document of the Organization 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 trafficking and 
        to bring its perpetrators to justice, nations 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 prescribing 
        appropriate punishment for sexual trafficking, by giving the 
        highest priority to its investigation 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 person has not attained the age of 18 years.
            (2) Victim of sexual trafficking.--The term ``victim of 
        sexual trafficking'' means any person who is taken across an 
        international border for the purpose of a commercial sexual 
        act, if the participation of such person in such taking or such 
        act is induced by fraud, force, or coercion, or if the person 
        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, purchase, 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 account of which anything of value 
        is given to or received by any person.
            (5) Minimum standards for the elimination of sexual 
        trafficking.--The term ``minimum standards for the elimination 
        of sexual trafficking'' means the standards set forth in 
        section 4.
            (6) Nonhumanitarian foreign assistance.--The term 
        ``nonhumanitarian foreign assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of that Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) assistance under chapter 8 of part I of 
                        that Act;
                            (ii) any other narcotics-related assistance 
                        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 notification procedures 
                        applicable to reprogrammings pursuant to 
                        section 634A of that Act;
                            (iii) disaster relief assistance, including 
                        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 provision 
                        of food (including monetization of food) or 
                        medicine;
                            (vi) assistance for refugees; and
                            (vii) humanitarian and other development 
                        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 purposes 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 sexual 
        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 involving fraud, force, or coercion, or in which 
        the victim 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 sustained 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 sexual 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 trafficking and whether law 
        enforcement agencies of the country respond to any such 
        evidence in a manner which is consistent with the vigorous 
        investigation and prosecution of acts of sexual trafficking, as 
        well as with the protection of victims and the internationally 
        recognized human right to travel.
            (5) Whether the country protects victims and encourages 
        their assistance in the investigation and prosecution of sexual 
        trafficking, including provision for legal alternatives 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, facilitate, or 
        condone sexual trafficking.

SEC. 5. OFFICE FOR THE PROTECTION OF VICTIMS OF TRAFFICKING.

    (a) Establishment.--There is established in the Office of the 
Secretary of State an Office for the Protection of Victims of 
Trafficking. The office shall be administered by a director. The 
director shall be appointed by the President with the advice and 
consent of the Senate. The director shall have primary responsibility 
for assisting the Secretary of State in carrying out the purposes of 
this Act and may have additional responsibilities as determined by the 
Secretary.
    (b) Reports to Congress.--
            (1) Annual report.--Not later than April 30 of each year, 
        the Secretary of State, with the assistance 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 Assistance 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 following 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 submit 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 compliance with the 
        minimum standards for the elimination 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 disseminate information about international 
sexual trafficking, 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 persons and to take 
evidence in public hearings or by other means.
    (d) Authorization.--There is authorized to be appropriated 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 fiscal year 2001, for assistance to foreign 
countries in programs and activities designed to meet the minimum 
international standards for the elimination of sexual trafficking, 
including drafting of legislation to prohibit and punish acts of sexual 
trafficking, investigation and prosecution of sexual trafficking, and 
facilities, programs, and activities for the protection of victims.
    (b) Domestic Victim Programs.--There is appropriated to the 
Secretary of Health and Human Services, $10,000,000 for fiscal year 
2000 and $10,000,000 for fiscal 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 possible.
    (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 VICTIMS 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 subparagraph (S) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(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 possibility 
                        of retribution or other hardship if removed 
                        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 described 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 Sexual 
                Trafficking Act of 1999.''.
    (b) 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 
        nonimmigrant described in section 101(a)(15)(T). The Attorney 
        General, in the Attorney 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 Immigration and Naturalization Service from 
        instituting removal proceedings against an alien admitted 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 Status.--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 section 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 person 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 retribution 
        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 daughters, and parents of the 
alien if admitted under that section) 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 assistance to countries which do not 
meet minimum standards for the elimination of sexual trafficking.
    (b) Notification.--For each fiscal year, for each foreign country 
which does not meet minimum standards for the elimination of sexual 
trafficking, as described in an annual report with respect to the 
status of international sexual trafficking under section 5(b)(1) or an 
interim report under section 5(b)(3), not less than 45 days and not 
more than 90 days after the submission of such a report, the President 
shall submit a notification to the Congress of one of the 
determinations described in subsection (c).
    (c) Determinations.--The determinations referred to in subsection 
(b) are as follows:
            (1) Withholding of nonhumanitarian assistance.--The 
        President has determined that--
                    (A)(i) the United States will not provide 
                nonhumanitarian foreign assistance to the government 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 government 
                received no nonhumanitarian foreign assistance from the 
                United States during the previous fiscal year, the 
                United States will not provide funding for 
                participation by officials or employees 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 
                administered by the government of the sanctioned 
                country, and confers no benefit to that country) for 
                the subsequent fiscal year until such government 
                complies with the minimum standards.
            (2) Subsequent compliance.--The Secretary of State, with 
        the assistance of the director, has determined that the country 
        has come into compliance with the minimum standards.
            (3) Continuation of assistance in the national interest.--
        Notwithstanding the failure of the country to comply with 
        minimum standards for the elimination of sexual trafficking, 
the President has determined that the provision of nonhumanitarian 
foreign assistance to the country is in the national interest of the 
United States.
    (d) Certification.--Together with any notification under subsection 
(b)(1)(i), the President shall provide a certification by the Secretary 
of State that with respect to assistance described in clause (i), (ii), 
or (iv) of section 3(6)(A) or in section 3(6)(B), no assistance is 
intended to be received or used by any agency or official who has 
participated in, facilitated, or condoned sexual trafficking.

SEC. 9. TRAFFICKING OF PERSONS FOR COMMERCIAL SEXUAL PURPOSES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by inserting after section 2241 the following:
``Sec. 2241A. Trafficking of persons for commercial sexual purposes
    ``(a) In General.--Whoever, whether inside or outside the United 
States, knowingly does or attempts or conspires to--
            ``(1) transport a person across an international border;
            ``(2) recruit, entice, harbor, or engage in the purchase or 
        sale of a person when the person will be or has been 
        transported across an international border; or
            ``(3) own, manage, operate, or share in the proceeds of an 
        enterprise in which a person has been transported across an 
        international border,
for the purpose of causing a person who has not attained the age of 18 
years to engage in a commercial sexual act or for the purpose of 
causing a person to engage in a commercial sexual act by fraud, force, 
or coercion, 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 fraud, force, or 
        coercion, or if the person transported had not attained 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 effected by fraud, force, or 
        coercion, 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 imprisonment for 
        not more than 15 years, or both.
    ``(c) Definition of Commercial Sexual Act.--In this section, the 
term `commercial sexual act' means any sexual act, on account of which 
anything of value is given to or received by any person, and--
            ``(1) which takes place in the United States;
            ``(2) which affects United States foreign commerce; or
            ``(3) in which either the person transported or the person 
        committing the violation is a United States citizen or an alien 
        admitted for permanent residence in the United States.
    ``(d) Forfeiture.--
            ``(1) In general.--Upon conviction for a violation of this 
        section, the convicted person shall forfeit to the United 
        States such person's interest in any property, real or 
        personal--
                    ``(A) constituting or traceable to gross profits or 
                other proceeds obtained from such offense; or
                    ``(B) used or intended to be used to commit or to 
                promote the commission of such offense.
            ``(2) Procedure.--The procedures in section 1963 relating 
        to forfeiture shall apply to forfeiture of property under this 
        section in the same manner as those procedures apply with 
        respect to property forfeited under that section.
    ``(e) Witness Protection.--Any violation of this section shall be 
considered an organized criminal activity or other serious offense for 
the purposes of application of chapter 224 (relating to witness 
protection).''.
    (b) Racketeering.--Section 1961(1) of title 18, United States Code, 
is amended by inserting ``section 2241A (relating to trafficking of 
persons for commercial sexual purposes),'' after ``murder-for-hire),''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by inserting 
after the item relating to section 2241 the following new item:

``2241A. Trafficking of persons for commercial sexual purposes.''.
                                 <all>