[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3244 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 27, 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
3244) entitled ``An Act to combat trafficking of persons, especially 
into the sex trade, slavery, and slavery-like conditions, in the United 
States and countries around the world through prevention, through 
prosecution and enforcement against traffickers, and through protection 
and assistance to victims of trafficking.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trafficking 
Victims Protection Act of 2000''.
    (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. Annual Country Reports on Human Rights Practices.
Sec. 5. Interagency task force to monitor and combat trafficking.
Sec. 6. Prevention of trafficking.
Sec. 7. Protection and assistance for victims of trafficking.
Sec. 8. Minimum standards for the elimination of trafficking.
Sec. 9. Assistance to foreign countries to meet minimum standards.
Sec. 10. Actions against governments failing to meet minimum standards.
Sec. 11. Actions against traffickers in persons.
Sec. 12. Strengthening prosecution and punishment of traffickers.
Sec. 13. Authorization of appropriations.

SEC. 2. PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are to combat trafficking 
in persons, a contemporary manifestation of slavery whose victims are 
predominantly women and children, to ensure just and effective 
punishment of traffickers, and to protect their victims.
    (b) Findings.--Congress finds that:
            (1) As we begin the 21st century, the degrading institution 
        of slavery continues throughout the world. Sex trafficking is a 
        modern day form of slavery and it is the largest manifestation 
        of slavery today. Millions of people every year, primarily 
        women and children, are trafficked within or across 
        international borders. Approximately 50,000 women and children 
        are trafficked into the United States each year.
            (2) Many of these persons are trafficked into the 
        international sex trade, often by force, fraud, or coercion. 
        The sex industry has rapidly expanded over the past several 
        decades. It involves sexual exploitation of persons, 
        predominantly women and girls, involving activities related to 
        prostitution, pornography, sex tourism, and other commercial 
        sexual services. The low status of women in many parts of the 
        world has contributed to a burgeoning of the trafficking 
        industry.
            (3) Trafficking in persons is not limited to the sex 
        industry. This growing transnational crime also includes forced 
        labor, and involves significant violations of minimal labor, 
        public health, and human rights standards worldwide.
            (4) 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 decent working conditions at relatively good 
        pay as nannies, maids, dancers, factory workers, restaurant 
        workers, sales clerks, or models. Traffickers also buy children 
        from poor families and sell them into prostitution or into 
        various types of forced or bonded labor.
            (5) Traffickers often transport victims from their home 
        communities to unfamiliar destinations, including different 
        countries away from family and friends, religious institutions, 
        and other sources of protection and support, leaving the 
        victims defenseless and vulnerable.
            (6) Victims are often forced through physical violence to 
        engage in sex acts or perform slavery-like labor. Such force 
        includes rape and other forms of sexual abuse, torture, 
        starvation, imprisonment, threats, psychological abuse, and 
        coercion.
            (7) Traffickers often make representations to their victims 
        that physical harm may occur to them or others should they 
        escape or attempt to escape. Such threats can have the same 
        coercive effects on victims as actual infliction of harm.
            (8) Trafficking in persons is increasingly perpetrated by 
        organized, sophisticated criminal enterprises. Such trafficking 
        is the fastest growing source of profits for organized criminal 
        enterprises worldwide. Profits from the trafficking industry 
        contribute to the expansion of organized crime in the United 
        States and worldwide. Trafficking often is aided by official 
        corruption in countries of origin, transit, and destination, 
        thereby threatening the rule of law.
            (9) Trafficking includes all the elements of the crime of 
        forcible rape, when it involves the involuntary participation 
        of another person in sex acts by means of fraud, force, or 
        coercion.
            (10) Trafficking also involves violations of other laws, 
        including labor and immigration codes and laws against 
        kidnapping, slavery, false imprisonment, assault, battery, 
        pandering, fraud, and extortion.
            (11) Trafficking exposes victims to serious health risk. 
        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.
            (12) Trafficking in persons involving slavery-like labor 
        practices substantially affects interstate and foreign 
        commerce. 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 immoral and injurious purposes.
            (13) Trafficking of persons is an evil requiring concerted 
        and vigorous action by countries of origin, transit or 
        destination, and by international organizations.
            (14) Existing legislation and law enforcement in the United 
        States and other countries are inadequate to deter trafficking 
        and bring traffickers to justice, failing to reflect the 
        gravity of the offenses involved. No comprehensive law exists 
        in the United States that penalizes the range of offenses 
        involved in the trafficking scheme. Instead, even the most 
        brutal instances of trafficking into the sex industry are often 
        punished under laws that also apply to lesser offenses such as 
        consensual sexual activity and illegal immigration, so that 
        traffickers typically escape deserved punishment.
            (15) In the United States, the seriousness of this crime 
        and its components are not reflected in current sentencing 
        guidelines, resulting in weak penalties for convicted 
        traffickers. Additionally, adequate services and facilities do 
        not exist to meet the needs of health care, housing, education, 
        and legal assistance, which safely reintegrate trafficking 
        victims into their home countries.
            (16) In some countries, enforcement against traffickers is 
        also hindered by official indifference, by corruption, and 
        sometimes even by official participation in trafficking.
            (17) Existing laws often fail to protect victims of 
        trafficking, and because victims are often illegal immigrants 
        in the destination country, they are repeatedly punished more 
        harshly than the traffickers themselves.
            (18) Victims of severe forms of trafficking should not be 
        inappropriately incarcerated, fined, or otherwise penalized 
        solely for unlawful acts as a direct result of being 
        trafficked, such as for having used false documents, entering 
        the country without documentation, or working without 
        documentation.
            (19) Victims of trafficking often find it difficult or 
        impossible to report the crimes committed against them or to 
        assist in the investigation and prosecution of such crimes. 
        This is because they are frequently unfamiliar with the laws, 
        culture, and language of the countries into which they are 
        trafficked. Also, they are often subjected to coercion, 
        intimidation, physical detention, debt bondage, and fear of 
        forcible removal to countries where they face hardship.
            (20) The United States and the international community 
        agree that trafficking in persons involves grave violations of 
        human rights and is a matter of pressing international concern. 
        The international community has repeatedly condemned slavery 
        and involuntary servitude, violence against women, and other 
        elements of trafficking, through declarations, treaties, United 
        Nations resolutions and reports, including the Universal 
        Declaration of Human Rights; the 1956 Supplementary Convention 
        on the Abolition of Slavery, the Slave Trade, and Institutions 
        and Practices Similar to Slavery; the 1957 Abolition of Forced 
        Labor Convention; 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; United Nations General Assembly Resolutions 50/167, 
        51/66, and 52/98; the Final Report of the World Congress 
        against Sexual Exploitation of Children (Stockholm, 1996); the 
        Fourth World Conference on Women (Beijing, 1995); and the 1991 
        Moscow Document of the Organization for Security and 
        Cooperation in Europe.
            (21) Trafficking in persons is a transnational crime with 
        national implications. To deter international trafficking and 
        bring its perpetrators to justice, nations including the United 
        States must recognize that trafficking is a serious offense. 
        This is done by prescribing appropriate punishment, giving 
        priority to the prosecution of trafficking offenses, and 
        protecting rather than punishing the victims of such offenses. 
        The United States must work bilaterally and multilaterally to 
        abolish the trafficking industry by taking steps to promote 
        cooperation among countries linked together by international 
        trafficking routes. The United States must also 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.
            (22) Trafficking in persons substantially affects 
        interstate and foreign commerce. Trafficking for such purposes 
        as involuntary servitude, peonage, and other forms of forced 
        labor has an impact on the nationwide employment network and 
        labor market. Within the context of slavery, servitude, and 
        labor or services which are obtained or maintained through 
        coercive conduct that amounts to a condition of servitude, 
        victims are subjected to a range of violations.
            (23) Involuntary servitude statutes are intended to reach 
        cases in which persons are held in a condition of servitude 
        through nonviolent coercion. In United States v. Kozminski, 487 
        U.S. 950 (1988), the Supreme Court found that section 1584 of 
        title 18, United States Code, should be narrowly interpreted, 
        absent a definition of involuntary servitude by Congress. As a 
        result, that section was interpreted to only criminalize 
        servitude coerced through force, threats of force, or threats 
        of legal coercion.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations and the Committee on the Judiciary of the 
        Senate and the Committee on International Relations and the 
        Committee on the Judiciary of the House of Representatives.
            (2) Coercion.--The term ``coercion'' means--
                    (A) acts or circumstances not necessarily including 
                physical force but intended to have the same effect; or
                    (B) any act, scheme, plan, or pattern intended to 
                cause a person to believe that failure to perform an 
                act will result in the infliction of serious harm.
            (3) Commercial sex act.--The term ``commercial sex act'' 
        means any sex act whereby anything of value is given to or 
        received by any person.
            (4) Debt bondage.--The term ``debt bondage'' means the 
        status or condition of a debtor arising from a pledge by the 
        debtor of his or her personal services or of those of a person 
        under his or her control as a security for debt, if the value 
        of those services as reasonably assessed is not applied toward 
        the liquidation of the debt or the length and nature of those 
        services are not respectively limited and defined.
            (5) Involuntary servitude.--The term ``involuntary 
        servitude'' includes a condition of servitude induced by means 
        of--
                    (A) 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 
                or another person would suffer serious harm or physical 
                restraint, or
                    (B) the abuse or threatened abuse of the legal 
                process.
            (6) Minimum standards for the elimination of trafficking.--
        The term ``minimum standards for the elimination of 
        trafficking'' means the standards set forth in section 8.
            (7) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' means--
                    (A) sex trafficking in which a commercial sex act 
                is induced by force, fraud, or coercion, or in which 
                the person induced to perform such act has not attained 
                18 years of age; or
                    (B) the recruitment, harboring, transportation, 
                provision, or obtaining of a person for labor or 
                services, through the use of force, fraud, or coercion 
                for the purpose of subjection to involuntary servitude, 
                peonage, debt bondage, or slavery.
            (8) Sex trafficking.--The term ``sex trafficking'' means 
        the recruitment, harboring, transportation, provision, or 
        obtaining of a person for the purpose of a commercial sex act.
            (9) State.--The term ``State'' means any of the fifty 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, American 
        Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
        and territories and possessions of the United States.
            (10) United states.--The term ``United States'' means the 
        fifty States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, American 
        Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
        and the territories and possessions of the United States.
            (11) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act or practice 
        described in paragraph (7) or (8).
            (12) Victim of a severe form of trafficking.--The term 
        ``victim of a severe form of trafficking'' means a person 
        subject to an act or practice described in paragraph (7).

SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    The Secretary of State, with the assistance of the Assistant 
Secretary of Democracy, Human Rights and Labor, shall, as part of the 
annual Country Reports on Human Rights Practices, include information 
on the status of trafficking in persons, including the following 
information:
            (1) A description of the nature and extent of severe forms 
        of trafficking in persons in each country.
            (2) An assessment of the efforts by the governments 
        described in paragraph (1) to combat severe forms of 
        trafficking. Such an assessment shall address--
                    (A) whether any governmental authorities tolerate 
                or are involved in such trafficking;
                    (B) which governmental authorities are involved in 
                activities to combat such trafficking;
                    (C) what steps the government has taken against its 
                officials who participate in, facilitate, or condone 
                such trafficking;
                    (D) what steps the government has taken to 
                investigate and prosecute officials who participate in 
                or facilitate such trafficking;
                    (E) what steps the government has taken to prohibit 
                other individuals from participating in such 
                trafficking, including the investigation, prosecution, 
                and conviction of individuals involved in severe forms 
                of trafficking in persons, the criminal and civil 
                penalties for such trafficking, and the efficacy of 
                those penalties in eliminating or reducing such 
                trafficking;
                    (F) what steps the government has taken to assist 
                victims of such trafficking, including efforts to 
                prevent victims from being further victimized by 
                traffickers, government officials, or others, grants of 
                stays of deportation, and provision of humanitarian 
                relief, including provision of mental and physical 
                health care and shelter;
                    (G) whether the government--
                            (i) is cooperating with governments of 
                        other countries to extradite traffickers when 
                        requested;
                            (ii) is assisting in international 
                        investigations of transnational trafficking 
                        networks and in other cooperative efforts to 
                        combat trafficking;
                            (iii) refrains from prosecuting victims of 
                        severe forms of trafficking and from other 
                        discriminatory treatment of such victims due to 
                        such victims having been trafficked, or due to 
                        their having left or entered the country 
                        illegally; and
                            (iv) recognizes the rights of victims and 
                        ensures their access to justice.
            (3) Information described in paragraph (2) and, where 
        appropriate, in paragraph (3) shall be included in the annual 
        Country Reports on Human Rights Practices on a country-by-
        country basis.
            (4) In addition to the information described in this 
        section, the Annual Country Reports on Human Rights Practices 
        may contain such other information relating to trafficking in 
        persons as the Secretary determines to be appropriate.

SEC. 5. 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 Act 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 
Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of Central 
Intelligence, 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 headed 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 organizations, and 
multilateral organizations, including the Organization of American 
States, the Organization for Security and Cooperation in Europe, and 
the United Nations, 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 
        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 
        minimum standards set forth in section 8.
            (3) Expand interagency procedures to collect and organize 
        data, including significant research and resource information 
        on domestic and international trafficking. 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.
            (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 provided under 
subsection (e)(2), the Secretary of State, in the capacity as chair of 
the Interagency Task Force, may submit 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 compliance with 
the minimum standards for the elimination of trafficking since the 
transmission of the last annual report.

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 International Development and the heads of other appropriate 
agencies, shall establish and carry out international 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, and to educate children, 
        women, and men who have been victims of trafficking;
            (4) development of educational curricula regarding the 
        dangers of trafficking; and
            (5) grants to nongovernmental organizations to accelerate 
        and advance the political, economic, social, and educational 
        roles and capacities of women 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 subsections (a) 
and (b).

SEC. 7. 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 
        integration, reintegration, or resettlement, as appropriate, of 
        victims 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 Combat 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 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, to 
        assist in the integration, reintegration, or resettlement, as 
        appropriate, of victims of trafficking including 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 Reconciliation Act of 1996, 
        the Attorney General, the Secretary of Health and Human 
        Services, the Secretary of Labor, the heads of other Federal 
        agencies, and the Board of Directors of the Legal Services 
        Corporation shall expand existing services to provide 
        assistance to victims of severe forms of trafficking in persons 
        within the United States, without regard to the immigration 
        status of such victims.
            (2) Grants.--
                    (A) Subject to the availability of appropriations, 
                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 trafficking.
                    (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 administration.
                    (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 promulgate regulations for law enforcement 
personnel, immigration officials, and Department of State officials to 
implement 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 inappropriate to 
                their status as crime victims;
                    (B) receive necessary medical care and other 
                assistance; and
                    (C) 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, including--
                            (i) taking measures to protect trafficked 
                        persons and their family members from 
                        intimidation and threats of reprisals and 
                        reprisals from traffickers and their 
                        associates; and
                            (ii) ensuring that the names and 
                        identifying 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.
            (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 determined that such individual is a 
        victim of trafficking and a potential witness, in order to 
        effectuate prosecution of those responsible, and such officials 
        in investigating and prosecuting traffickers shall protect the 
        safety of trafficking victims, including taking measures to 
        protect trafficked persons and their family 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 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)(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 Protection 
                        Act of 2000,
                            ``(II) is physically present in the United 
                        States, American Samoa, or the Commonwealth of 
                        the Northern Mariana Islands, or at a port of 
                        entry thereto on account of such trafficking,
                            ``(III)(aa) has complied with any 
                        reasonable request for assistance in the 
                        investigation 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 admission 
                to the United States under this subparagraph if there 
                is substantial reason to believe that the person has 
                committed an act of a severe form of trafficking in 
                persons, as defined in section 3 of the Trafficking 
                Victims Protection Act of 2000; 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 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 period those 
        aliens are in lawful temporary resident status under that 
        subsection, grant the aliens authorization to engage in 
        employment in the United States and provide the aliens with an 
        `employment authorized' 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 nonimmigrant described in 
section 101(a)(15)(T)(i). 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)(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 General from instituting removal 
proceedings against an alien admitted as a nonimmigrant under section 
101(a)(15)(T)(i) for material nontrafficking related conduct 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 Status.--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 section 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 investigation 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 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 destination 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 trafficking.
            (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 incapable of giving 
        meaningful consent, or of trafficking which includes rape or 
        kidnapping or which causes a death, the country should 
        prescribe punishment commensurate with that for the most 
        serious crimes, such as forcible sexual assault.
            (3) For the knowing commission of any act of a severe form 
        of trafficking in persons, the country should prescribe 
        punishment which is sufficiently stringent to deter and which 
        adequately reflects the heinous nature of the offense.
            (4) The country should make serious and sustained efforts 
        to eliminate severe forms of trafficking in persons.
    (b) Criteria.--In determinations of whether a country 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 severe forms of 
        trafficking in persons.
            (3) Whether the country extradites persons charged with 
        acts of severe forms of trafficking in persons on the same 
        terms and to the same extent as persons charged with other 
        serious crimes.
            (4) Whether the country monitors immigration and emigration 
        patterns for evidence of severe forms of trafficking in persons 
        and whether law 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 such 
        trafficking, as well as with the protection of human rights of 
        victims 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 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 or facilitate 
        severe forms of trafficking in persons, and takes all 
        appropriate measures against officials who condone such 
        trafficking.

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 directly, or through nongovernmental, 
intergovernmental and multilateral organizations, for programs and 
activities designed to meet the minimum international standards for the 
elimination of trafficking, including drafting of legislation to 
prohibit and punish acts of trafficking, the investigation and 
prosecution of traffickers, the creation and maintenance of facilities, 
programs, and activities for the protection of victims, and the 
expansion of exchange programs 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 President may impose any of 
the measures described in subsection (b) against any foreign country to 
which the minimum standards for the elimination of trafficking under 
section 8 are applicable and which do not meet such standards. The 
President shall exercise the authority of this subsection so as to 
avoid adverse effects on vulnerable populations, including women and 
children.
    (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. The President may exercise the authority of 
                this subparagraph with respect to all foreign 
                assistance to a country or with respect to any specific 
                programs, projects, or activities.
                    (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.
    (c) Report to Congress.--Upon exercising the authority 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 Persons.--
            (1) In general.--The President may exercise IEEPA 
        authorities (other than authorities relating to importation) 
        without regard to section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701) in the case of any foreign 
        person who is on the list described in subsection (b).
            (2) 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 paragraph (1).
            (3) 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) List of Traffickers of Persons.--
            (1) Compiling list of traffickers in persons.--The 
        Secretary of State is authorized to compile a list of the 
        following persons:
                    (A) Any foreign person that plays a significant 
                role in a severe form of trafficking in persons, 
                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 support of, 
                activities of a significant foreign trafficker in 
                persons identified pursuant to subparagraph (A).
                    (C) Foreign persons that are owned, controlled, 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 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 Judiciary and the Permanent Select Committee on 
        Intelligence 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 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 exercising the authority of subsection 
(a), the President shall submit a report to the Committees on the 
International Relations and the Judiciary, and the Permanent Select 
Committee 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 pursuant 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 identity of any person, if the 
        Director of Central Intelligence determines that such 
        disclosure could compromise an intelligence operation, 
        activity, source, or method of the United States.
            (2) Law enforcement.--Notwithstanding any other provision 
        of this section, the list and report described in subsections 
        (b) and (c) shall not disclose the name of any person if the 
        Attorney General, in coordination as appropriate with the 
        Director of the Federal Bureau of Investigation, the 
        Administrator of the Drug Enforcement Administration, and the 
        Secretary of the Treasury, determines that such disclosure 
        could reasonably be expected to--
                    (A) compromise the identity of a confidential 
                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 either the 
        Director of Central Intelligence or the Attorney General makes 
        a determination under this subsection, the Director of Central 
        Intelligence or the Attorney General shall notify the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate, and explain the reasons for such determination.
            (B) The notification required under this paragraph shall be 
        submitted to the Permanent Select Committee on Intelligence of 
        the House of Representatives and the Select Committee on 
        Intelligence of the Senate not later than July 1, 2001, and on 
        an annual basis thereafter.
    (e) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section prohibits or otherwise limits the authorized 
law enforcement or intelligence activities of the United States or the 
law enforcement 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 
                        traffickers provided in section 11 of the 
                        Trafficking Victims Protection Act of 2000, or 
                        who the consular officer or the Attorney 
                        General knows or has reason to believe is or 
                        has been a knowing aider, abettor, assister, 
                        conspirator, or colluder with such a trafficker 
                        in severe forms of trafficking in persons, as 
                        defined in the section 3 of such Act; or
                            ``(ii) who the consular officer or the 
                        Attorney General knows or has reason to believe 
                        is the spouse, son, or daughter of an alien 
                        inadmissible under clause (i), has, within the 
                        previous 5 years, obtained any financial or 
                        other benefit from the illicit activity of that 
                        alien, and knew or 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 regulations permitted under this Act.
            (2)(A) Subject to subparagraph (B), such rules and 
        regulations shall require that a reasonable effort be made to 
        provide notice and an opportunity to be heard, in person or 
        through a representative, prior to placement of a person on the 
        list described in subsection (b).
            (B) If there is reasonable cause to believe that such a 
        person would take actions to undermine the ability of the 
        President to exercise the authority provided under subsection 
        (a), such notice and opportunity to be heard shall be provided 
        as soon as practicable after the placement of the person on the 
        list described in subsection (b).
    (h) Definition of Foreign Persons.--As used in this section, the 
term ``foreign person'' means any citizen or national of a foreign 
state or any entity not organized under the laws of the United States, 
including a foreign government official, but does not include a foreign 
state.
    (i) Construction.--Nothing in this section shall be construed as 
precluding judicial review of the placement of any person on the list 
of traffickers in person described in subsection (b).

SEC. 12. STRENGTHENING PROSECUTION AND 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''; 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 constitute kidnapping 
                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.'';
            (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 `involuntary 
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 or another person would 
        suffer serious harm or physical restraint, or
            ``(2) the abuse or threatened abuse of the legal 
        process.'';
            (3) by inserting at the end the following new sections:
``Sec. 1589. Trafficking with respect to peonage, slavery, or 
              involuntary servitude
    ``Whoever knowingly recruits, harbors, transports, provides, 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 person in such condition shall be fined under this 
title or imprisoned not more than 20 years, or both. If death results 
from a violation of this section, or if 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 defendant shall be fined under this 
title or imprisoned for any term of years or life, or both.
``Sec. 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
            ``(2) benefits, financially or otherwise, from an 
        enterprise in which a person has been recruited, harbored, 
        transported, provided, or obtained in violation of paragraph 
        (1),
knowing that force, fraud, or coercion described in subsection (c)(2) 
will be used to cause the person to engage in a commercial sex act, or 
that the person has not attained the age of 18 years and will be caused 
to engage in a commercial sex act, shall be punished as provided in 
subsection (b).
    ``(b) Punishment.--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 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 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 imprisonment for not more than 20 
        years, or both.
    ``(c) Definition.--In this section:
            ``(1) Coercion.--The term `coercion' includes--
                    ``(A) any act, scheme, plan, or pattern intended 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 serious harm or physical restraint, 
                and
                    ``(B) the abuse or threatened abuse of law or the 
                legal process.
            ``(2) Commercial sex act.--The term `commercial sex act' 
        means any sex act, in or affecting interstate or foreign 
        commerce, on account of which anything 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 permanent residence in the United 
                States.
``Sec. 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 any 
identification, passport, or other immigration document, or any other 
documentation of another person--
            ``(1) in the course of a violation of section 1581, 1583, 
        1584, 1589, 1590, or 1591 or attempt to commit such a 
        violation,
            ``(2) to prevent or restrict the person's liberty to move 
        or travel in order to obtain or maintain the labor or services 
        of another, or
            ``(3) in the course of the unlawful entry or attempted 
        unlawful entry of a person into the United States, in order to 
        obtain or maintain the labor or services of another,
shall be fined under this title or imprisoned for not more than 5 
years, or both.
``Sec. 1592. Mandatory restitution
    ``(a) Notwithstanding section 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. 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 addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person shall forfeit to the United States--
            ``(A) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(B) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(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 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.
    ``(d) Witness Protection.--Any violation of this chapter shall be 
considered an organized criminal activity or other serious offense for 
the purposes of application of chapter 224 (relating to witness 
protection).''; and
            (3) by amending the table of sections at the beginning of 
        chapter 77 by adding at the end the following 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 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, and possession, transfer or sale of false immigration 
        documents in furtherance of trafficking.
            (2) In carrying out this subsection, the Sentencing 
        Commission shall--
                    (A) take all appropriate measures 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 trafficking in persons 
                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.
            (3) 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. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Interagency 
Task Force.--To carry out the purposes of sections 4, 5, and 10, there 
are authorized to be appropriated to the Secretary of State $1,500,000 
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 7(b), there are 
authorized to be appropriated to the Secretary of Health and Human 
Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
year 2002.
    (c) Authorization of Appropriations to the Secretary of State.--
            (1) Assistance for victims in other countries.--To carry 
        out the purposes of section 7(a), there are authorized to be 
        appropriated to the Secretary 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 authorized 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 Cooperation in Europe 
        participating states in related legal reform for fiscal year 
        2001.
            (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 publication of 
        the list described in subsection (a)(1) of that section.
    (d) Authorization of Appropriations to Attorney General.--To carry 
out the purposes of section 7(b), there are authorized to be 
appropriated to the Attorney General $5,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
    (e) Authorization of Appropriations to President.--
            (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 purposes of section 9, there are 
        authorized to be appropriated to the President $5,000,000 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 7(b), there are authorized to be 
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 3244

_______________________________________________________________________

                               AMENDMENT

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