[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3244 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3244

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1999

 Mr. Smith of New Jersey (for himself, Mr. Gejdenson, Ms. Kaptur, Ms. 
   Slaughter, Mr. Lantos, Ms. McKinney, Mr. King, Mr. Wolf, and Mr. 
   Cooksey) 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, 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.

    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 ``Trafficking 
Victims Protection 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. 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 significant traffickers.
Sec. 12. Strengthening protection 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.--The Congress finds that:
            (1) Millions of people every year, primarily women or 
        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, of whom the overwhelming 
        majority are women and children, are trafficked into the 
        international sex trade, often by means of 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, within activities related to 
        prostitution, pornography, sex tourism, and other commercial 
        sexual services. The rapid expansion of the sex industry and 
        the low status of women in many parts of the world have 
        contributed to a burgeoning of the trafficking industry, of 
        which sex trafficking by force, fraud, and coercion is a major 
        component.
            (3) Trafficking in persons is not limited to sex 
        trafficking, but often involves forced labor and other 
        violations of internationally recognized human rights. 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.
            (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 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 prostitution or into 
        various types of forced or bonded labor.
            (5) 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.
            (6) Victims are often forced to engage in sex acts or to 
        perform labor or other services through physical violence, 
        including rape and other forms of sexual abuse, torture, 
        starvation, and imprisonment, through threats of violence, and 
        through other forms of psychological abuse and coercion.
            (7) Trafficking is perpetrated increasingly by organized 
        and sophisticated criminal enterprises. Trafficking in persons 
        is the fastest growing source of profits for organized criminal 
        enterprises worldwide. 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) Traffickers often make representations to their victims 
        that physical harm may occur to them or to others should the 
        victim escape or attempt to escape. Such representations can 
        have the same coercive effects on victims as specific threats 
        to inflict such harm.
            (9) Sex trafficking, when it involves the involuntary 
        participation of another person in sex acts by means of fraud, 
        force, or coercion, includes all the elements of the crime of 
        forcible rape, which is defined by all legal systems as among 
        the most serious of all crimes.
            (10) Sex trafficking also involves frequent and serious 
        violations of other laws, including labor and immigration codes 
        and laws against kidnapping, slavery, false imprisonment, 
        assault, battery, pandering, fraud, and extortion.
            (11) 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 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 in all its forms is an evil 
        that calls for concerted and vigorous action by countries of 
        origin, transit countries, receiving countries, and 
        international organizations.
            (14) Existing legislation and law enforcement in the United 
        States and in other nations around the world have proved 
        inadequate to deter trafficking and to bring traffickers to 
        justice, principally because such legislation and enforcement 
        do not reflect the gravity of the offenses involved. 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 forcible sex 
        trafficking are often punished under laws that also apply to 
        far less serious offenses such as consensual sexual activity 
        and illegal immigration, so that traffickers typically escape 
        severe punishment.
            (15) In the United States, 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 
        health care, housing, education, and legal assistance needs for 
        the safe reintegration of domestic trafficking victims.
            (16) In some countries, enforcement against traffickers is 
        also hindered by official indifference, by corruption, and 
        sometimes even by active official participation in trafficking.
            (17) Because existing laws and law enforcement procedures 
        often fail to make clear distinctions between victims of 
        trafficking and persons who have knowingly and willfully 
        violated laws, and because victims often do not have legal 
        immigration status in the countries into which they are 
        trafficked, the victims are often punished more harshly than 
        the traffickers themselves.
            (18) Because victims of trafficking are frequently 
        unfamiliar with the laws, cultures, and languages of the 
        countries into which they have been trafficked, and because 
        they are often subjected to coercion and intimidation including 
        physical detention, debt bondage, fear of retribution, and fear 
        of forcible removal to countries in which they will face 
        retribution or other hardship, these victims often find it 
        difficult or impossible to report the crimes committed against 
        them or to assist in the investigation and prosecution of such 
        crimes.
            (19) The United States and the international community are 
        in agreement that trafficking in persons often involves grave 
        violations of human rights and is 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 against women, and other components of the 
trafficking scheme.
            (20) The Universal Declaration of Human Rights recognizes 
        the right to be free from slavery and involuntary servitude, 
        arbitrary detention, degrading or inhuman treatment, and 
        arbitrary interference with privacy or the family, as well as 
        the right to protection by law against these abuses.
            (21) The United Nations General Assembly has passed three 
        resolutions during the last three years (50/167, 51/66, and 52/
        98) recognizing that the international traffic in women and 
        girls, particularly for purposes of forced prostitution, is a 
        matter of pressing international concern involving numerous 
        violations of fundamental human rights. The resolutions call 
        upon governments of receiving countries as well as countries of 
        origin to strengthen their laws against such practices, to 
        intensify their efforts to enforce such laws, and to ensure the 
        full protection, treatment, and rehabilitation of women and 
        children who are victims of trafficking.
            (22) The Final Report of the Word Congress against Sexual 
        Exploitation of Children, held in Stockholm, Sweden in August 
        1996, recognized that international sex trafficking is a 
        principal cause of increased exploitation and degradation of 
        children.
            (23) The Fourth World Conference of Women (Bejing 
        Conference) called on all governments to take measures, 
        including legislative measures, to provide better protection of 
        the rights of women and girls who are victims of trafficking, 
        to address the root factors that put women and girls at risk to 
        traffickers, and to take measures to dismantle the national, 
        regional, and international networks on trafficking.
            (24) In the 1991 Moscow Document of the Organization for 
        Security and Co-operation in Europe, participating states 
        including the United States agreed to ``seek to eliminate all 
        forms of violence against women, and all forms of traffic in 
        women and exploitation of prostitution of women including by 
        ensuring adequate legal prohibitions against such acts and 
        other appropriate measures.''
            (25) Numerous treaties to which the United States is a 
        party address government obligations to combat trafficking, 
        including such treaties as the 1956 Supplementary Convention on 
        the Abolition of Slavery, the Slave Trade and Institutions and 
        Practices Similar to Slavery, which calls for the complete 
        abolition of debt bondage and servile forms of marriage, and 
        the 1957 Abolition of Forced Labor Convention, which undertakes 
        to suppress and requires signatories not to make use of any 
        forced or compulsory labor.
            (26) Trafficking in persons is a transnational crime with 
        national implications. In order to deter international 
        trafficking and to bring its perpetrators to justice, nations 
        including the United States must recognize that trafficking is 
        a serious offense and must act on this recognition by 
        prescribing appropriate punishment, by giving the highest 
        priority to investigation and prosecution of trafficking 
        offenses, and by protecting rather than punishing the victims 
        of such offenses. 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 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.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) ``Sex trafficking'' means the purchase, sale, 
        recruitment, harboring, transportation, transfer or receipt of 
        a person for the purpose of a commercial sex act.
            (2) ``Severe forms of trafficking in persons'' means--
                    (A) sex trafficking in which either a commercial 
                sex act or any act or event contributing to such act is 
                effected or induced by force, coercion, fraud, or 
                deception, or in which the person induced to perform 
                such act has not attained the age of 18 years; and
                    (B) the purchase, sale, recruitment, harboring, 
                transportation, transfer or receipt of a person for the 
                purpose of subjection to involuntary servitude, 
                peonage, or slavery or slavery-like practices which is 
                effected by force, coercion, fraud, or deception.
            (3) ``Slavery-like practices'' means inducement of a person 
        to perform labor or other services by force, by coercion, or by 
        any scheme, plan, or pattern to cause the person to believe 
        that failure to perform the work will result in the infliction 
        of serious harm, debt bondage in which labor or services are 
        pledged for debt on terms calculated never to allow full 
        payment of the debt or otherwise amounting to indentured 
        servitude for life or for an indefinite period, or subjection 
of the person to conditions so harsh or degrading as to provide a clear 
indication that the person has been subjected to them by force, fraud, 
or coercion.
            (4) ``Coercion'' means the use of force, violence, physical 
        restraint, or acts or circumstances not necessarily including 
        physical force but calculated to have the same effect, such as 
        the credible threat of force or of the infliction of serious 
        harm.
            (5) ``Act of a severe form of trafficking in persons'' 
        means any act at any point in the process of a severe form of 
        trafficking in persons, including any act of recruitment, 
        harboring, transport, transfer, purchase, sale or receipt of a 
        victim of such trafficking, or any act of operation, 
        management, or ownership of an enterprise in which a victim of 
        such trafficking engages in a commercial sex act, is subjected 
        to slavery or a slavery-like practice, or is expected or 
        induced to engage in such acts or be subjected to such 
        condition or practice, or sharing in the profits of the process 
        of a severe form of trafficking in persons or any part thereof.
            (6) ``Victim of sex trafficking'' and ``victim of a severe 
        form of trafficking in persons'' mean a person subjected to an 
        act or practice described in paragraphs (1) and (2) 
        respectively.
            (7) ``Commercial sex act'' means a sex act on account of 
        which anything of value is given to or received by any person.
            (8) ``Minimum standards for the elimination of 
        trafficking'' means the standards set forth in section 8.
            (9) ``Appropriate congressional committees'' means the 
        Committee on Foreign Relations of the United States Senate and 
        the Committee on International Relations of the United States 
        House of Representatives.
            (10) ``Nonhumanitarian foreign assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of that Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) assistance under chapter 8 of part I of 
                        that Act;
                            (ii) any other narcotics-related assistance 
                        under part I of that Act or under chapter 4 or 
                        5 of part II of that Act, but any such 
                        assistance provided under this clause shall be 
                        subject to the prior notification procedures 
                        applicable to reprogrammings pursuant to 
                        section 634A of that Act;
                            (iii) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        that Act;
                            (iv) antiterrorism assistance under chapter 
                        8 of part II of that Act;
                            (v) assistance which involves the provision 
                        of food (including monetization of food) or 
                        medicine;
                            (vi) assistance for refugees; and
                            (vii) humanitarian and other development 
                        assistance in support of programs of 
                        nongovernmental organizations under chapters 1 
                        and 10 of that Act;
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act, other than sales or financing 
                provided for narcotics-related purposes following 
                notification in accordance with the prior notification 
                procedures applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 1961; and
                    (C) financing under the Export-Import Bank Act of 
                1945.

SEC. 4. 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 
to address the status of trafficking in persons, including--
            (1) a list of foreign countries that are countries of 
        origin, transit, or destination for a significant number of 
        victims of severe forms of trafficking;
            (2) a description of the nature and extent of severe forms 
        of trafficking in persons in each country;
            (3) 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 co-operative 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.
            (4) 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.
            (5) 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 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. 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 women and children and in the 
        sexual exploitation of women and children around the world and 
        make recommendations on appropriate measures to combat this 
        industry.

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 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 
        decision making;
            (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 
        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 subsection (a).

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 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.--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, 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) Benefits.--Subject to the availability of 
        appropriations and notwithstanding any other provision of law, 
        victims of severe forms of trafficking in persons 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 severe forms of trafficking in persons 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 or section 1589A of title 18, United 
        States Code, regarding trafficking 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) Victims of severe forms of trafficking, while in the 
        custody 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) Victims of severe forms of trafficking shall not be 
        jailed, fined, or otherwise penalized due to having been 
        trafficked;
            (3) Victims of severe forms of trafficking shall have 
        access to legal assistance, information about their rights, and 
        translation services.
            (4) Federal law enforcement officials shall 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, and such officials 
        in investigating and prosecuting traffickers shall take into 
        consideration the safety and integrity of trafficking victims.
            (5) 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. 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.
    (f) Protection From Removal for Certain Victims of Trafficking.--
            (1) Nonimmigrant classification for certain victims of 
        trafficking.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (R);
                    (B) by striking the period at the end of 
                subparagraph (S) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(T) an alien who the Attorney General 
                determines--
                            ``(i) is physically present in the United 
                        States or at a port of entry thereto;
                            ``(ii) 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 1999;
                            ``(iii)(I) has not unreasonably refused to 
                        assist in the investigation or prosecution of 
                        acts of trafficking; or
                            ``(II) has not attained the age of 14 
                        years; and
                            ``(iv) would face a significant possibility 
                        of retribution or other hardship if removed 
                        from the United States,
                and, if the Attorney General considers it to be 
                appropriate, the spouse, married and unmarried sons and 
                daughters, and parents of an alien described in this 
                subparagraph if accompanying, or following to join, the 
                alien, except that no person shall be eligible for 
                admission to the United States under this subparagraph 
                if there is substantial reason to believe that the 
                person has committed an act of a severe form of 
                trafficking in persons as defined in section 3 of the 
                Trafficking Victims Protection Act of 1999.''.
            (2) Waiver of grounds for ineligibility for admission.--
        Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)) is amended by adding at the end the following new 
        paragraph:
            ``(13) The Attorney General shall determine whether a 
        ground for inadmissibility exists with respect to a 
        nonimmigrant described in section 101(a)(15)(T). The Attorney 
        General, in the Attorney General's discretion, may waive the 
        application of subsection (a) (other than paragraph (3)(E)) in 
        the case of a nonimmigrant described in section 101(a)(15)(T), 
        if the Attorney General considers it to be in the national 
        interest to do so. Nothing in this section shall be regarded as 
        prohibiting the Immigration and Naturalization Service from 
        instituting removal proceedings against an alien admitted as a 
        nonimmigrant under section 101(a)(15)(T) for conduct committed 
        after the alien's admission into the United States, or for 
        conduct or a condition that was not disclosed to the Attorney 
        General prior to the alien's admission as a nonimmigrant under 
        section 101(a)(15)(T).''.
            (3) Adjustment to permanent resident status.--Section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255) is 
        amended by adding at the end the following new subsection:
    ``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant 
admitted into the United States under section 101(a)(15)(T)--
            ``(A) has been physically present in the United States for 
        a continuous period of at least 3 years since the date of 
        admission as a nonimmigrant under section 101(a)(15)(T);
            ``(B) has, throughout such period, been a person of good 
        moral character;
            ``(C) has not, during such period, unreasonably refused to 
        provide assistance in the investigation or prosecution of acts 
        of trafficking; and
            ``(D) would face a significant possibility of retribution 
        or other hardship if removed from the United States, the 
        Attorney General may adjust the status of the alien (and the 
        spouse, married and unmarried sons and daughters, and parents 
        of the alien if admitted under that section) to that of an 
        alien lawfully admitted for permanent residence if the alien is 
        not described in section 212(a)(3)(E).
    ``(2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph 
(1)(A) if the alien has departed from the United States for any period 
in excess of 90 days or for any periods in the aggregate exceeding 180 
days.''.

SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Minimum Standards.--Minimum standards for the elimination of 
trafficking for a country that is a country of origin, of transit, or 
of destination for a significant number of victims are as follows:
            (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 fraud, force, or 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 under subsection (a)(3) the 
following factors should be considered:
            (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 victims and the 
        internationally recognized human right to travel.
            (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 Director of the Agency for 
International Development are authorized to provide assistance to 
foreign countries 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, investigation and prosecution of traffickers, and 
facilities, programs, and activities for the protection of victims.

SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.

    (a) Statement of Policy.--It is the policy of the United States not 
to provide nonhumanitarian foreign assistance to countries which do not 
meet minimum standards for the elimination of trafficking.
    (b) Reports to Congress.--
            (1) Annual report.--Not later than April 30 of each year, 
        the Secretary of State shall submit to the appropriate 
        congressional committees a report with respect to the status of 
        severe forms of trafficking in persons which shall include a 
        list of those countries, if any, to which the minimum standards 
        for the elimination of trafficking under section 8 are 
        applicable and which do not meet such standards, and which may 
        include additional information, including information about 
        efforts to combat trafficking and about countries which have 
        taken appropriate actions to combat trafficking.
            (2) Interim reports.--The Secretary of State may submit to 
        the appropriate congressional committees in addition to the 
        annual report under subsection (b) 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.
    (c) Notification.--For fiscal year 2002 and each subsequent fiscal 
year, for each foreign country to which the minimum standards for the 
elimination of trafficking are applicable and which has failed to meet 
such standards, as described in an annual or interim report under 
subsection (b), not less than 45 days and not more than 90 days after 
the submission of such a report the President shall submit a 
notification to the appropriate congressional committees of one of the 
determinations described in subsection (d).
    (d) Determinations.--The determinations referred to in subsection 
(c) are as follows:
            (1) Withholding of nonhumanitarian assistance.--The 
        President has determined that--
                    (A)(i) the United States will not provide 
                nonhumanitarian foreign assistance to the government of 
                the country for the subsequent fiscal year until such 
                government complies with the minimum standards; or
                    (ii) in the case of a country whose government 
                received no nonhumanitarian foreign assistance from the 
                United States during the previous fiscal year, the 
                United States will not provide funding for 
                participation by officials or employees of such 
                governments in educational and cultural exchange 
                programs for the subsequent fiscal year until such 
                government complies with the minimum standards; and
                    (B) the President will instruct the United States 
                Executive Director of each multilateral development 
                bank and of the International Monetary Fund to vote 
                against, and to use his or her best efforts to deny, 
                any loan or other utilization of the funds of his or 
                her institution to that country (other than for 
                humanitarian assistance, or for development assistance 
                which directly addresses basic human needs, is not 
                administered by the government of the sanctioned 
                country, and confers no benefit to that country) for 
                the subsequent fiscal year until such government 
                complies with the minimum standards.
            (2) Subsequent compliance.--The Secretary of State has 
        determined that the country has come into compliance with the 
        minimum standards.
            (3) Continuation of assistance in the national interest.--
        Notwithstanding the failure of the country to comply with 
        minimum standards for the elimination of trafficking, the 
        President has determined that the provision of nonhumanitarian 
        foreign assistance to the country is in the national interest 
        of the United States.
    (e) Certification.--Together with any notification under subsection 
(c), the President shall provide a certification by the Secretary of 
State that with respect to assistance described in clause (i), (ii), or 
(iv) of subparagraph 3(10)(A) or in subparagraph 3(10)(B), no 
assistance is intended to be received or used by any agency or official 
who has participated in, facilitated, or condoned a severe form of 
trafficking in persons.

SEC. 11. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

    (a) Authority to Sanction Significant 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. 1705) 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 this clause (i).
            (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); and
                    (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 published 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; and
                    (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 the Foreign Relations and the Select Committee on 
        Intelligence of the Senate; and publish the list or revisions 
        to such list in the Federal Register.
    (c) Report to Congress on Identification and Sanctioning of 
Significant Traffickers in Persons.--Upon exercising the authority of 
subsection (a), the President shall report 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 the Foreign Relations and the Select Committee on 
Intelligence of the Senate--
            (1) identifying publicly the foreign persons 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, 2000, 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 inserting the 
following new subparagraph at the end:
                    ``(H) Significant traffickers in persons.--Any 
                alien who--
                            ``(i) is on the most recent list of 
                        significant traffickers provided in section 10 
                        of the Trafficking Victims Protection Act of 
                        1999, 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.--The Secretary of State, the Attorney General, 
and the Secretary of 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.
    (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.

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'';
                    (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 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) by inserting at the end the following:
``Sec. 1589. Trafficking into involuntary servitude, peonage, or 
              slavery-like conditions
    ``(a) Whoever recruits, harbors, provides, transports, employs, 
purchases, sells, or secures, by any means, any person, knowing or 
having reason to know that the person is or will be subjected to 
involuntary servitude or peonage or to slavery-like conditions as 
described in subsection (b) of this section, or in any way, financially 
or otherwise, knowingly benefits from, or makes use of, the labor or 
services of a person subjected to a condition of involuntary servitude 
or peonage, 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 kidnapping 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.
    ``(b) As used in this section, the term `slavery-like 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 pretense and 
misrepresentations, such that the person reasonably believes that if he 
did not perform the labor or services serious harm would be inflicted 
on himself or on another person.
    ``(c) This section does not apply to labor performed as a 
punishment for a crime whereof the party shall have been duly 
convicted.
``Sec. 1589A. Sex trafficking of children or by force, fraud, or 
              coercion
    ``(a) In General.--Whoever--
            ``(1) recruits, entices, harbors, purchases, sells, 
        transports, or transfers a person, or
            ``(2) owns, manages, operates, or shares in the proceeds of 
        an enterprise in which a person has been recruited, enticed, 
        harbored, purchased, sold, transported, or transferred,
        knowing or having reason to know that the person will be caused 
        by force, fraud, or coercion to engage in a commercial sex act, 
        or that the person has not attained the age of 18 years and 
        will be caused or expected to engage in a commercial sexual 
        act, shall be punished as provided in subsection (b).
    ``(b) Punishment.--The punishment for an offense under subsection 
(a) is--
            ``(1) if the offense was effected by fraud, force, or 
        coercion, or if the person transported had not attained the age 
        of 14 years at the time of such offense, by a fine under this 
        title or imprisonment for any term of years or for life, or 
        both; or
            ``(2) if the offense was not effected by fraud, force, or 
        coercion, and the person transported had attained the age of 14 
        years but had not attained the age of 18 years at the time of 
        such offense, by a fine under this title or imprisonment for 
        not more than 20 years, or both.
    ``(c) Definition of Commercial Sexual Act.--In this section, the 
term `commercial sexual act' means any sexual act, on account of which 
anything of value is given to or received by any person, and--
            ``(1) which takes place in the United States;
            ``(2) which affects United States foreign commerce; or
            ``(3) in which either the person caused or 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. 1590. Unlawful possession of documents in furtherance of 
              trafficking, 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 violation of section 1581, 1583, 1584, 1589, or 
        1589A or a conspiracy or attempt to commit such a violation; or
            ``(2) to conceal or impair the investigation or prosecution 
        of a violation of any section described in paragraph (1); or
            ``(3) to prevent or restrict, without lawful authority, the 
        person's liberty to move or travel in interstate or foreign 
        commerce,
        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 victims 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 provide 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 extortion or the 
        abuse of threatened abuse of 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, one who is mentally disabled, or one who is otherwise 
        particularly susceptible to coercion.
    ``(b) An attempt or conspiracy to violate sections 1581, 1583, 
1584, 1589, or 1589A 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 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.
    ``(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.
    ``(f) 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 into involuntary servitude, peonage, or slavery-
                            like conditions.
``1589A. Sex trafficking of children or by force, fraud, or coercion.
``1590. Unlawful possession of documents in furtherance of trafficking 
                            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, and possession, transfer or sale of false immigration 
        documents in furtherance of trafficking, 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) 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.
    (c) Racketeering.--Section 1961(1) of title 18, United States Code, 
is amended by inserting ``section 1589 (relating to trafficking into 
involuntary servitude, peonage, or slavery-like conditions), section 
1589A (relating to sex trafficking of children or by force, fraud, or 
coercion),'' after ``murder-for-hire),''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for the Interagency Task 
Force.--To carry out the purposes of section 5, there are authorized to 
be appropriated to the Secretary of State $1,500,000 for fiscal year 
2000 and $3,000,000 for fiscal year 2001.
    (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 2000 and $10,000,000 for fiscal 
year 2001.
    (c) Authorization of Appropriations to the Secretary of State.--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 2000 
and $10,000,000 for fiscal year 2001.
    (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 2000 
and $10,000,000 for fiscal year 2001.
    (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 2000 and $10,000,000 for 
        fiscal year 2001.
            (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 2000 and $10,000,000 for fiscal year 2001.
    (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 2000 
and $10,000,000 for fiscal year 2001.
                                 <all>