[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3154 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3154

  To combat trafficking of persons in the United States and countries 
   around the world through prevention, prosecution and enforcement 
   against traffickers, and protection and assistance to victims of 
                              trafficking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 1999

Mr. Gejdenson (for himself, Ms. Slaughter, Mr. Lantos, Mr. Berman, Mr. 
Ackerman, Mr. Faleomavaega, Mr. Martinez, Mr. Payne, Mr. Menendez, Mr. 
 Brown of Ohio, Ms. McKinney, Mr. Hastings of Florida, Ms. Danner, Mr. 
 Hilliard, Mr. Sherman, Mr. Wexler, Mr. Rothman, Mr. Davis of Florida, 
Mr. Pomeroy, Mr. Delahunt, Mr. Meeks of New York, Ms. Lee, Mr. Crowley, 
   Mr. Hoeffel, Mr. King, Mr. Houghton, Mr. Meehan, Ms. Waters, Mr. 
 Cooksey, Ms. Pelosi, Ms. DeLauro, Ms. Norton, Mr. Moran of Virginia, 
  Ms. Roybal-Allard, Mr. George Miller of California, and Ms. Kaptur) 
 introduced the following bill; which was referred to the Committee on 
   International Relations, and in addition to the Committees 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 combat trafficking of persons in the United States and countries 
   around the world through prevention, prosecution and enforcement 
   against traffickers, and protection and assistance to victims of 
                              trafficking.

    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 ``Comprehensive 
Antitrafficking in Persons Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
Sec. 4. Interagency task force to monitor and combat trafficking.
Sec. 5. Prevention of trafficking.
Sec. 6. Protection and assistance for victims of trafficking.
Sec. 7. Humanitarian/material witness nonimmigrant visa.
Sec. 8. Sanctions against countries involved in trafficking.
Sec. 9. Strengthening prosecution and punishment of traffickers.
Sec. 10. Annual Country Reports on Human Rights Practices.
Sec. 11. Authorization of appropriations.

SEC. 2. PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are to combat both 
domestically and internationally the transnational offense of 
trafficking in persons, a contemporary manifestation of slavery in 
which women and children are predominant victims, through prevention, 
prosecution and enforcement against traffickers, and protection and 
assistance to victims of this egregious violation of human rights.
    (b) Findings.--The Congress finds that:
            (1) The worldwide trafficking of persons is a growing 
        transnational crime, migration, economics, labor, public 
        health, and human rights problem that is significant on nearly 
        every continent.
            (2) It is estimated that more than 1,000,000 individuals, 
        primarily women and children, are trafficked within or across 
        borders annually. Approximately 50,000 women and children are 
        trafficked into the United States each year.
            (3) Traffickers primarily target women and girls, who are 
        disproportionately affected by poverty, lack of access to 
        education, chronic unemployment, discrimination, and lack of 
        viable economic opportunities in countries of origin. 
        Traffickers lure women and girls into their networks through 
        false promises of good working conditions at relatively high 
        pay as nannies, maids, dancers, factory workers, restaurant 
        workers, sales clerks, or models. Traffickers also buy girls 
        from poor families and sell them into many types of bonded 
        labor.
            (4) Traffickers often facilitate victims' movement from 
        their home communities to unfamiliar destinations, away from 
        family and friends, religious institutions, and other sources 
        of protection and support, making the victims more vulnerable.
            (5) Traffickers force victims to perform labor or services 
        such as prostitution and sexual servitude, domestic servitude, 
        bonded sweatshop labor, or other work or services. Victims are 
        forced to perform labor or services through physical violence, 
        including rape and other forms of sexual abuse, torture, 
        starvation, and imprisonment, and threats of violence and other 
        forms of psychological abuse and coercion.
            (6) Women and children trafficked into the sex industry are 
        exposed to deadly diseases, including HIV and AIDS. Trafficking 
        victims are sometimes worked or physically brutalized to death.
            (7) Trafficking is perpetrated increasingly by organized 
        and sophisticated criminal enterprises. Worldwide, the industry 
        is the fastest growing and 3d largest source of profits for 
        organized criminal enterprises, behind only drugs and firearms. 
        Profits from the trafficking industry contribute to the 
        expansion of organized criminal activity in the United States 
        and around the world. Trafficking often is aided by official 
        corruption in countries of origin, transit, and destination, 
        thereby threatening the rule of law.
            (8) The United States and the international community are 
        in agreement that trafficking of persons is a grave violation 
        of human rights and a matter of pressing international concern. 
        The Universal Declaration of Human Rights; the Supplementary 
        Convention on the Abolition of Slavery, the Slave Trade, and 
        Institutions and Practices Similar to Slavery; the 
        International Covenant on Civil and Political Rights; the 
        Convention on the Elimination of All Forms of Discrimination 
        Against Women; the Convention Against Torture and Other Cruel, 
        Inhuman or Degrading Treatment or Punishment, and other 
        relevant instruments condemn slavery and involuntary servitude, 
        violence and discrimination against women, and components of 
        the trafficking scheme.
            (9) No comprehensive law exists in the United States that 
        penalizes the range of offenses involved in the trafficking 
        scheme. Existing United States laws and infrastructure are not 
        sufficient to deter trafficking to and from the United States 
        and protect domestic trafficking victims. At present, 
        traffickers are prosecuted in the United States for violating 
        laws related to components of the trafficking scheme, such as 
        involuntary servitude, slave trade offenses, peonage, 
        transportation for coerced or illegal sexual activities, and 
        immigration laws.
            (10) The seriousness of the crime of trafficking in persons 
        is not reflected in current sentencing guidelines for component 
        crimes of the trafficking scheme, which results in weak 
        penalties for convicted traffickers. Adequate services and 
        facilities do not exist to meet the healthcare, housing, 
        education, and legal assistance needs for the safe 
reintegration of domestic trafficking victims.
            (11) Trafficking in persons substantially affects 
        interstate and foreign commerce and has an impact on the 
        nationwide employment network and labor market. Trafficking 
        victims may be subjected to dangerous work and living 
        environments, isolation and restriction of movement, and denial 
        of pay. The United States must take action to eradicate the 
        substantial burdens on commerce that result from trafficking in 
        persons and to prevent the channels of commerce from being used 
        for an immoral and injurious purpose.
            (12) Traffickers may make representations to a victim that 
        physical harm may occur to them or to others should the victim 
        escape or attempt to escape. These representations may have an 
        equally coercive effect on the victim as specific threats of 
        harm. It is therefore the intent of Congress that proof of 
        involuntary servitude or peonage, as it is used in prosecutions 
        under sections 241, 1581, 1583, 1584, and 1589 of title 18, 
        United States Code, not be limited to labor or services 
        compelled by the use, or threatened use, of force or legal 
        coercion. Rather, violations of these sections may also be 
        established by proof that the labor or service of a person was 
        obtained or maintained through representations of harm to the 
        victim or to others. Violations under these sections may also 
        be created by the use of fraud, deceit, or misrepresentation 
        toward any person in an effort to wrongfully obtain or maintain 
        the labor or services of that person, where the person is a 
        minor, an immigrant, one who is mentally disabled, or one who 
        is otherwise particularly susceptible to coercion.
            (13) Trafficking in persons is a transnational crime with 
        national implications. In order to end this egregious violation 
        of human rights, the United States must take measures to 
        strengthen the local and regional capacity of countries of 
        origin, transit and destination to prevent trafficking, enforce 
        antitrafficking laws, prosecute traffickers, and protect 
        trafficking victims. The United States must work bilaterally 
        and multilaterally to abolish the trafficking industry and take 
        steps to promote and facilitate cooperation among countries 
        linked together by international trafficking routes. The United 
        States must urge the international community to take strong 
        action in multilateral fora to engage recalcitrant countries in 
        serious and sustained efforts to eliminate trafficking and 
        protect trafficking victims.

SEC. 3. DEFINITIONS.

    For the purposes of this Act (other than section 8):
            (1) The term ``trafficking'' means recruiting or abducting, 
        facilitating, transferring, harboring or transporting a person, 
        by the threat or use of force, coercion, fraud or deception, or 
        by the purchase, sale, trade, transfer or receipt of a person, 
        for the purpose of subjecting that person to involuntary 
        servitude, peonage, slavery, slavery-like practices, or forced 
        or bonded labor or services.
            (2) The term ``victim of trafficking'' generally means any 
        person subjected to the actions set forth in paragraph (1).

SEC. 4. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) Establishment.--The President shall establish an Interagency 
Task Force to Monitor and Combat Trafficking (in this section referred 
to as the ``Task Force'').
    (b) Appointment.--The President shall appoint the members of the 
Task Force, which shall include the Secretary of State, the Director of 
the Agency for International Development, the Attorney General, the 
Secretary of Labor, the Secretary of Health and Human Services, the 
Director of the Central Intelligence Agency, and such other officials 
as may be designated by the President.
    (c) Chairman.--The Task Force shall be chaired by the Secretary of 
State.
    (d) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an Office to 
Monitor and Combat Trafficking, which shall provide assistance to the 
Task Force. Any such Office shall be administered by a Director. The 
Director shall have the 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. The 
Director shall consult with domestic, international nongovernmental and 
intergovernmental organizations, and with trafficking victims 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 
        countries around the world 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.
            (3) Expand interagency procedures to collect and organize 
        data, including significant research and resource information 
        on domestic and international trafficking in persons. Any data 
        collection procedures established under this subsection shall 
        respect the confidentiality of victims of trafficking.
            (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 initiatives to enhance 
        cooperative efforts between destination countries and countries 
        of origin and assist in the appropriate reintegration of 
        stateless victims of trafficking.

SEC. 5. PREVENTION OF TRAFFICKING.

    (a) Economic Alternatives To Prevent and Deter Trafficking.--The 
President, acting through the Administrator of the United States Agency 
for International Development and the heads of other appropriate 
agencies, shall establish and carry out initiatives to enhance economic 
opportunity for potential victims of trafficking as a method to deter 
trafficking. Such initiatives may include--
            (1) microcredit lending programs, training in business 
        development, skills training, and job counseling;
            (2) programs to promote women's participation in economic 
        decisionmaking;
            (3) programs to keep children, especially girls, in 
        elementary and secondary schools;
            (4) development of educational curricula regarding the 
        dangers of trafficking; and
            (5) grants to nongovernmental organizations to accelerate 
        the empowerment of women in local and regional, political, 
        economic, social, and educational roles in their countries.
    (b) Public Awareness and Information.--The President, acting 
through the Secretary of Labor, the Secretary of Health and Human 
Services, the Attorney General, 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 organizations with respect to the 
establishment and conduct of initiatives described in subsection (a).

SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, in consultation with appropriate nongovernmental 
        organizations, shall establish and carry out programs and 
        initiatives in foreign countries to assist in the safe 
        reintegration of victims of trafficking and their children. 
        Such programs and initiatives shall be designed to meet the 
        mental and physical health, housing, legal, and other 
        assistance needs of such victims and their children, as 
        identified by the Inter-Agency Task Force to Monitor and Combat 
        Trafficking established under section 4.
            (2) Additional requirement.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development shall take all appropriate steps to enhance 
        cooperative efforts among foreign countries, including 
        countries of origin of victims of trafficking, and to assist in 
        the appropriate reintegration of stateless victims of 
        trafficking with respect to the establishment and conduct of 
        programs and initiatives described in paragraph (1).
    (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 Reconciliation Act of 1996, 
        the Attorney General, the Secretary of Health and Human 
        Services, the Secretary of Labor, and the Board of Directors of 
        the Legal Services Corporation shall expand existing services 
        to provide assistance to victims of trafficking within the 
        United States, without regard to the immigration status of such 
        victims.
            (2) Benefits.--Subject to the availability of 
        appropriations and notwithstanding any other provision of law, 
        victims of trafficking in the United States shall be eligible, 
        without regard to their immigration status, for any benefits 
        that are otherwise available under the Crime Victims Fund, 
        established under the Victims of Crime Act of 1984, including 
        victims' services, compensation, and assistance.
            (3) Grants.--
                    (A) Subject to the availability of appropriations, 
                the Attorney General may make grants to States, 
                territories, and possessions of the United States 
                (including the Commonwealths of Puerto Rico and the 
                Northern Mariana Islands), Indian tribes, units of 
                local government, and nonprofit, nongovernmental 
                victims' service organizations to develop, expand, or 
                strengthen victim service programs for victims of 
                trafficking.
                    (B) To receive a grant under this paragraph, an 
                eligible unit of government or organization shall 
                certify that its laws, policies, and practices, as 
                appropriate, do not punish or deny services to victims 
                of trafficking on account of the nature of their 
                employment or services performed in connection with 
                such trafficking.
                    (C) 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 administration.
                    (D) 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.
            (4) Civil action.--An individual who is a victim of a 
        violation of section 1589 of title 18, United States Code, 
        regarding trafficking and criminal exploitation of workers may 
        bring a civil action in United States district court. The court 
        may award actual damages, punitive damages, reasonable 
        attorneys' fees, and other litigation costs reasonably 
        incurred.
    (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 promulgate regulations for law enforcement 
personnel, immigration officials, and Department of State officials to 
implement the following:
            (1) Trafficking victims, while in the custody or control of 
        the Federal Government and to the extent practicable, shall be 
        housed in appropriate shelter as quickly as possible; receive 
        prompt medical care, food, and other assistance; and be 
        provided protection if a victim's safety is at risk or if there 
        is danger of additional harm by recapture of the victim by a 
        trafficker.
            (2) Federal law enforcement officials should act, to ensure 
        an alien individual's continued presence in the United States, 
        if after an assessment, it is determined that such individual 
        is a victim of trafficking or a material witness, in order to 
        effectuate prosecution of those responsible and to further the 
        humanitarian interests of the United States.
            (3) Appropriate personnel of the Department of State and 
        the Department of Justice are trained in identifying victims of 
        trafficking and providing for the protection of such victims. 
        Training under this paragraph should include methods for 
        achieving antitrafficking objectives through the 
        nondiscriminatory application of immigration and other related 
        laws.
    (d) Construction.--Nothing in subsection (c) shall be construed as 
creating any private cause of action against the United States or its 
offices or employees.
    (e) Funding.--Funds from asset forfeiture under section 1592 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. HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT VISA.

    (a) Establishment of a New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) in subparagraph (R), by striking ``or'' at the end;
            (2) in subparagraph (S), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (S) the following:
            ``(T) subject to 214(n), an alien (and the alien spouse, 
        children, and parents of the alien if accompanying or following 
        to join the alien) who the Attorney General determines--
                    ``(i) possesses material information concerning 
                criminal or other unlawful activity;
                    ``(ii) is willing to supply or has supplied such 
                information to Federal or State law enforcement 
                officials;
                    ``(iii) would be helpful, were the alien to remain 
                in the United States, to a properly authorized Federal 
                or State investigation or prosecution of the criminal 
                or other unlawful activity; and
                    ``(iv) has suffered significant physical or mental 
                abuse as a result of the criminal or other unlawful 
                activity.''.
    (b) Numerical Limitations; Period of Admissions.--Section 214 of 
the Immigration and Nationality Act (8 U.S.C. 1184) is amended--
            (1) by redesignating the subsection (l) added by section 
        625(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
        1820) as subsection (m); and
            (2) by adding at the end the following:
    ``(n)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(T) in any fiscal year may not 
exceed 1,000.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of authorized admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be extended by 
the Attorney General.
    ``(4) As a condition for admission, and continued stay in lawful 
status of such a nonimmigrant, the nonimmigrant--
            ``(A) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more after 
        the date of such admission;
            ``(B) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the basis of an 
        application for withholding of removal, any action for removal 
        of the alien instituted before the alien obtains lawful 
        permanent resident status; and
            ``(C) shall abide by any other condition, limitation, or 
        restriction imposed by the Attorney General.''.
    (c) Prohibition of Change of Status.--Section 248(1) of the 
Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended by 
striking ``or (S)'' and inserting ``(S), or (T)''.
    (d) 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:
    ``(l)(1) The Attorney General may adjust the status of an alien 
admitted into the United States under section 101(a)(15)(T) (and the 
spouse, children, and parents of the alien if admitted under that 
section) to that of an alien lawfully admitted for permanent residence 
if--
            ``(A) in the opinion of the Attorney General, the alien's 
        continued presence in the United States is justified on 
        humanitarian grounds or is otherwise in the national interest; 
        and
            ``(B) the alien is not described in subparagraph (A)(i)(I), 
        (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
    ``(2) 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 and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under sections 201(d) and 203(b)(4) for the fiscal year then 
current.''.
    (e) Exclusive Means of Adjustment.--Section 245(c)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1255(c)(5)) is amended by 
striking ``section 101(a)(15)(S),'' and inserting ``subparagraph (S) or 
(T) of section 105(a)(15);''.

SEC. 8. SANCTIONS AGAINST COUNTRIES INVOLVED IN TRAFFICKING.

    (a) Authority To Impose Sanctions.--The President may impose any of 
the measures described in subsection (b) against any foreign country 
that has made little or no progress on reducing trafficking, 
implementing any necessary antitrafficking laws, enforcing 
antitrafficking laws (including the prosecution of traffickers), or 
protecting and assisting victims of trafficking.
    (b) Sanctions That May Be Imposed.--The measures described in this 
subsection are the following:
            (1) Foreign assistance.--
                    (A) In general.--Subject to subparagraph (B), the 
                President may deny to the country assistance of any 
                kind which is provided by grant, sale, loan, lease, 
                credit, guaranty, or insurance, or by any other means, 
                by any agency or instrumentality of the United States 
                Government.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                assistance under the Foreign Assistance 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 intended to benefit the people of that 
                country directly and that is not channeled through 
                governmental agencies or entities of that country.
            (2) Multilateral development bank assistance.--
                    (A) In general.--The President may instruct the 
                United States Executive Director to each international 
                financial institution described in subparagraph (B) to 
                use the voice and vote of the United States to oppose 
                any loan or financial or technical assistance to the 
                country by such international financial institution.
                    (B) International financial institutions 
                described.--The international financial institutions 
                described in this subparagraph are the International 
                Bank for Reconstruction and Development, the 
                International Development Association, the 
                International Finance Corporation, 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 President may prohibit 
        the transfer of defense articles, defense 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 national of 
        the country.
            (4) Export restrictions.--The President may prohibit or 
        otherwise substantially restrict exports to the country of 
        goods, technology, and services (excluding 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 
        Regulations.
            (5) Additional measures under ieepa.--
                    (A) Authority.--
                            (i) 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 country that has made 
                        little or no progress on reducing trafficking, 
                        implementing any necessary antitrafficking laws 
                        (including the prosecution of traffickers), or 
                        in the case of a person that is on the list 
                        published under subparagraph (B).
                            (ii) Penalties.--The penalties set forth in 
                        section 206 of the International Emergency 
                        Economic Powers Act (50 U.S.C. 1705) apply to 
                        violations of any license, order, or regulation 
                        issued under this clause (i).
                            (iii) IEEPA authorities.--For purposes of 
                        clause (i), the term ``IEEPA authorities'' 
                        means the authorities set forth in section 
                        203(a) of the International Emergency Economic 
                        Powers Act (50 U.S.C. 1702(a)).
                    (B) Sanctions against persons.--
                            (i) Initial determination and 
                        publication.--The Secretary of State may make a 
                        determination of those persons who are 
                        trafficking directly or indirectly in the 
                        United States or any of its territories and 
                        possessions and shall, if such a determination 
                        is made, publish the list of such persons in 
                        the Federal Register.
                            (ii) Revisions to list.--The Secretary of 
                        State shall make additions or deletions to any 
                        list published under clause (i) on an ongoing 
                        basis based on the latest information 
                        available.
                            (iii) Consultation.--The Secretary of State 
                        shall consult with the following officers in 
                        carrying out clauses (i) and (ii):
                                    (I) The Attorney General.
                                    (II) The Director of Central 
                                Intelligence.
                                    (III) The Director of the Federal 
                                Bureau of Investigation.
                                    (IV) The Secretary of Labor.
                                    (V) The Secretary of Health and 
                                Human Services.
    (c) Report to Congress.--Upon exercising the authority of 
subsection (a), the President shall report to the Congress on the 
measures applied and the reasons for the application of the measures.

 SEC. 9. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

    (a) Title 18 Amendments.--Chapter 77 of title 18, United States 
Code, is amended--
            (1) in each of sections 1581(a), 1583, and 1584--
                    (A) by striking ``10 years'' and inserting ``20 
                years''
                    (B) by adding at the end the following: ``If, in 
                addition to the foregoing elements, death results from 
                a violation of this section, or if such violation 
                includes kidnaping or an attempt to kidnap, aggravated 
                sexual abuse or the attempt to commit aggravated sexual 
                abuse, or an attempt to kill, the defendant shall be 
                fined under this title or imprisoned for any term of 
                years or life, or both.'';
            (3) by inserting at the end the following:
``Sec. 1589. Trafficking and criminal exploitation of workers
    ``(a) Whoever--
            ``(1) recruits, harbors, provides, transports, employs, 
        purchases, sells, or secures, by any means, any person, knowing 
        or having reason to know that person is or will be subjected to 
        involuntary servitude or peonage or to unlawfully exploitative 
        labor conditions as described in subsection (b) of this 
        section, shall be fined under this title or imprisoned not more 
        than 20 years, or both; and if, in addition to the foregoing 
        elements, death results from an act committed in violation of 
        this section, or if such act includes kidnaping or an attempt 
        to kidnap, aggravated sexual abuse or the attempt to commit 
        aggravated sexual abuse, or an attempt to kill, shall be fined 
        under this title or imprisoned for any term of years or life, 
        or both; or
            ``(2) in any way, financially or otherwise, knowingly 
        benefits from, or makes use of, the labor or services of a 
        person held to a condition of involuntary servitude or peonage, 
        shall be fined under this title or imprisoned not more than 10 
        years, or both.
    ``(b) As used in this section, the term `unlawfully exploitative 
labor conditions' means that the labor or services of a person are 
obtained or maintained through any scheme or artifice to defraud, or by 
means of any plan or pattern, including but not limited to false and 
fraudulent pretenses and misrepresentations, such that the person 
reasonably believes that he has no viable alternative but to perform 
the labor or services.
    ``(c) This section does not apply to labor performed as a 
punishment for a crime whereof the party shall have been duly 
convicted.
``Sec. 1590. unlawful possession of documents in furtherance of 
              trafficking, criminal worker exploitation, involuntary 
              servitude, or peonage
    ``(a) Whoever destroys, conceals, removes, confiscates, or 
possesses any identification, passport, or other immigration documents, 
or any other documentation of another person--
            ``(1) in the course of, or under circumstances which 
        facilitate--
                    ``(A) a violation of section 1581, 1583, 1584, or 
                1589 or a conspiracy or attempt to commit such a 
                violation;
                    ``(B) the unlawful entry or attempted unlawful 
                entry of the person into the United States;
            ``(2) to prevent or restrict, without lawful authority, the 
        person's liberty to move or travel in interstate or foreign 
        commerce; or
            ``(3) to conceal or impair the investigation or prosecution 
        of a violation of Federal criminal law, shall be fined under 
        this title or imprisoned for not more than 5 years, or both.
``Sec. 1591. Mandatory restitution
    ``(a) Notwithstanding sections 3663 or 3663A, and in addition to 
any other civil or criminal penalties authorized by law, the court 
shall order restitution for any offense under this chapter.
    ``(b)(1) The order of restitution under this section shall direct 
the defendant to pay the victim (through the appropriate court 
mechanism) the full amount of the victim's losses, as determined by the 
court under paragraph (3) of this subsection.
            ``(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 victim's estate, or another family member, or any 
other person appointed as suitable by the court, but in no event shall 
the defendant be named such representative or guardian.
``Sec. 1592. General provisions
    ``(a) In a prosecution under sections 1581, 1583, 1584, or 1589, a 
condition of involuntary servitude or peonage may be established by 
proof that the defendant obtained or maintained the labor or service of 
any person--
            ``(1) by the use, or threatened use, of force, violence, 
        physical restraint, or physical injury, or by the use or 
        threatened use of coercion through law or the legal process;
            ``(2) through representations made to any person that 
        physical harm may occur to that person, or to another, in an 
        effort to wrongfully obtain or maintain the labor or services 
        of that person; or
            ``(3) by the use of fraud, deceit, or misrepresentation 
        toward any person in an effort to wrongfully obtain or maintain 
        the labor or services of that person, where the person is a 
        minor, an immigrant, one who is mentally disabled, or one who 
        is otherwise particularly susceptible to coercion.
    ``(b) An attempt to violate sections 1581, 1583, 1584, or 1589 
shall be punishable in the same manner as a completed violation of each 
of these sections, respectively.
    ``(c)(1) The court, in imposing sentence on any person convicted of 
a violation of this chapter, shall order, in addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person forfeit to the United States--
            ``(A) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(B) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any administrative or judicial 
proceeding in relation thereto, shall be governed by the provisions of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853), except subsection (d) of that section.
    ``(d)(1) The following shall be subject to forfeiture to the United 
States and no property right shall exist in them--
            ``(A) any property, real or personal, used or intended to 
        be used to commit or to facilitate the commission of any 
        violation of this chapter; and
            ``(B) any property, real or personal, which constitutes 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 forfeiture under this 
subsection.''; and
            (4) by amending the table of sections at the beginning of 
        chapter 77 by adding at the end the following new items:

`` 1589. Trafficking and criminal exploitation of workers.
`` 1590. Unlawful possession of documents in furtherance of 
                            trafficking, criminal worker exploitation, 
                            involuntary servitude, or peonage.
`` 1591. Mandatory restitution.
`` 1592. 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 Commission shall review and, if 
        appropriate, amend the sentencing guidelines and policy 
        statements applicable to persons convicted of offenses 
        involving the trafficking of persons including component or 
        related crimes of peonage, involuntary servitude, slave trade 
        offenses, coercive worker exploitation, and possession, 
        transfer or sale of false immigration documents to further 
        exploitation of workers, and the Fair Labor Standards Act and 
        the Migrant and Seasonal Agricultural Worker Protection Act.
            (2) In carrying out this subsection, the Sentencing 
        Commission shall--
                    (A) to ensure that these sentencing guidelines and 
                policy statements applicable to the offenses described 
                in paragraph (1) of this subsection are sufficiently 
                stringent to deter and adequately reflect the heinous 
                nature of such offenses;
                    (B) consider conforming the sentencing guidelines 
                applicable to offenses involving worker exploitation to 
                the guidelines applicable to peonage, involuntary 
                servitude, and slave trade offenses; and
                    (C) consider providing sentencing enhancements 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 injury 
                        of any person.
            (2) The Commission may promulgate the guidelines or 
        amendments under this subsection in accordance 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. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary of Democracy, Human Rights and Labor, shall, as 
part of the annual Country Reports on Human Rights Practices, include 
information to address the status of international trafficking in 
persons, including--
            (1) a description of the nature and extent of trafficking 
        in persons in each country;
            (2) a description and assessment of the efforts of 
        countries to combat trafficking through prevention, 
        prosecution, and enforcement against traffickers, and to 
        protect and assist trafficking victims; and
            (3) the role of official corruption in facilitating 
        trafficking of persons in each country.
    (b) Additional Requirement.--Information described in subsection 
(a) shall be included in the annual Country Reports on Human Rights 
Practices separately on a country-by-country basis.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for the Interagency Task 
Force.--To carry out the purposes of section 4, there are authorized to 
be appropriated to the Secretary of State $3,000,000 for fiscal 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 6(b) there are 
authorized to be appropriated to the Secretary of Health and Human 
Services $10,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
year 2002.
    (c) Authorization of Appropriations to the Secretary of State.--To 
carry out the purposes of section 6(a) there are authorized to be 
appropriated to the Secretary of State $10,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
    (d) Authorization of Appropriations to Attorney General.--To carry 
out the purposes of section 6(b) there are authorized to be 
appropriated to the Attorney General $10,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
    (e) Authorization of Appropriations to President.--To carry out the 
purposes of Section 5 there are authorized to be appropriated to the 
President $10,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
year 2002.
    (f) Authorization of Appropriations to the Secretary of Labor.--To 
carry out the purposes of section 6(b) there are authorized to be 
appropriated to the Secretary of Labor $10,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
                                 <all>