[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3244 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 584
106th CONGRESS
  2d Session
                                H. R. 3244


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2000

                                Received

                              May 25, 2000

                          Read the first time

                              June 6, 2000

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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.

    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 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 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) One of the founding documents of the United States, 
        the Declaration of Independence, recognizes the inherent 
        dignity and worth of all people. It states that all men are 
        created equal and that they are endowed by their Creator with 
        certain unalienable rights. The right to be free from slavery 
        and involuntary servitude is among those unalienable rights. 
        Acknowledging this fact, the United States outlawed slavery and 
        involuntary servitude in 1865, recognizing them as evil 
        institutions that must be abolished. Current practices of 
        sexual slavery and trafficking of women and children are 
        similarly abhorrent to the principles upon which our country 
        was founded.
            (21) 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.
            (22) The United Nations General Assembly has passed three 
        resolutions during the last 3 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.
            (23) The Final Report of the World 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.
            (24) The Fourth World Conference on Women (Beijing 
        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.
            (25) 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.
            (26) 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.
            (27) 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, securing, 
        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, securing, 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 any other service or act 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 and to educate persons 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 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 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.--
                    (A) Notwithstanding title IV of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996, an alien who is a victim of a severe form of 
                trafficking in persons shall be eligible for benefits 
                and services under any Federal or State program or 
                activity funded or administered by any official or 
                agency described in subparagraph (B) to the same extent 
                as an alien who is admitted to the United States as a 
                refugee under section 207 of the Immigration and 
                Nationality Act.
                    (B) Subject, in the case of nonentitlement 
                programs, to the availability of appropriations, the 
                Secretary of Health and Human Services, the Secretary 
                of Labor, and the Board of Directors of the Legal 
                Services Corporation shall expand benefits and services 
                to victims of severe forms of trafficking in persons in 
                the United States.
                    (C) For the purposes of this paragraph, the term 
                ``victim of a severe form of trafficking in persons'' 
                means only a person--
                            (i) who has been subjected to an act or 
                        practice described in section 3(2) as in effect 
                        on the date of the enactment of this Act; and
                            (ii)(I) who has not attained the age of 15 
                        years; or
                            (II) who is the subject of a certification 
                        under subparagraph (E).
                    (D) Not later than December 31 of each year, the 
                Secretary of Health and Human Services, in consultation 
                with the Secretary of Labor and the Board of Directors 
                of the Legal Services Corporation, shall submit a 
                report, which includes information on the number of 
                persons who received benefits or other services under 
                this paragraph in connection with programs or 
                activities funded or administered by such agencies or 
                officials during the preceding fiscal year, to the 
                Committee on Ways and Means, the Committee on 
                International Relations, and the Committee on the 
                Judiciary of the House of Representatives and the 
                Committee on Finance, the Committee on Foreign 
                Relations, and the Committee on the Judiciary of the 
                Senate.
                    (E)(i) The certification referred to in 
                subparagraph (C) is a certification by the Secretary of 
                Health and Human Services, after consultation with the 
                Attorney General, that the person referred to in 
                subparagraph (C)(ii)(II)--
                            (I) is willing to assist in every 
                        reasonable way in the investigation and 
                        prosecution of severe forms of trafficking in 
                        persons; and
                            (II) has made a bona fide application for a 
                        visa under section 101(a)(15)(T) of the 
                        Immigration and Nationality Act that has not 
                        been denied or is a person whose presence in 
                        the United States the Attorney General is 
                        ensuring under subsection (c)(4).
                    (ii) For the purpose of a certification under this 
                subparagraph, the term ``investigation and 
                prosecution'' includes--
                            (I) identification of a person or persons 
                        who have committed severe forms of trafficking 
                        in persons;
                            (II) location and apprehension of such 
                        persons; and
                            (III) testimony at proceedings against such 
                        persons.
                    (F) A person, who is the subject of a certification 
                under subparagraph (E) because the Attorney General is 
                ensuring such person's presence under subsection (c)(4) 
                in order to effectuate prosecution, is eligible for 
                benefits and services under this paragraph only for so 
                long as the Attorney General determines such person's 
                presence is necessary to effectuate such prosecution.
            (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, services, or other acts 
                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, 1590, 1591 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 the 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, but the authority of the Attorney General under the 
        Immigration and Nationality Act to detain aliens shall not be 
        curtailed by any regulation promulgated to implement this 
        paragraph.
            (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's continued presence in the United States, if after an 
        assessment, it is determined that such alien is a victim of a 
        severe form of trafficking in persons, or a material witness to 
        such trafficking, in order to effectuate prosecution of those 
        responsible and to further the humanitarian interests of the 
        United States. Such officials, in investigating and prosecuting 
        persons engaging in such trafficking, shall take into 
        consideration the safety and integrity of such victims, but the 
        authority of the Attorney General under the Immigration and 
        Nationality Act to detain aliens shall not be curtailed by any 
        regulation promulgated to implement this paragraph.
            (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 1594 of 
title 18, United States Code, (as added by section 12 of this Act) 
shall first be disbursed to satisfy any judgments awarded victims of 
trafficking under subsection (b)(4) or section 1593 of title 18, United 
States Code, (as added by section 12 of this Act). The remaining funds 
from such asset forfeiture 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:
            ``(T) subject to section 214(n), an alien, and the spouse 
        and children of the alien if accompanying or following to join 
        the 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 
                or at a port of entry into the United States by reason 
                of having been transported to the United States or the 
                port of entry in connection with such severe form of 
                trafficking in persons;
                    ``(iii)(I) has not attained 15 years of age; or
                    ``(II) was induced to participate in the commercial 
                sex act or condition of involuntary servitude, peonage, 
                or slavery or slavery-like practices that is the basis 
                of the determination under clause (i) by force, 
                coercion, fraud, or deception, did not voluntarily 
                agree to any arrangement including such participation, 
                and has complied with any reasonable request for 
                assistance in the investigation or prosecution of 
                severe forms of trafficking in persons; and
                    ``(iv)(I) has a well-founded fear of retribution 
                involving the infliction of severe harm upon removal 
                from the United States; or
                    ``(II) would suffer extreme hardship in connection 
                with the victimization described in clause (i) upon 
                removal from the United States,
        and, if the Attorney General considers it to be necessary to 
        avoid extreme hardship, the sons and daughters (who are not 
        children), of any such alien (and the parents of any such 
        alien, in the case of an alien under 21 years of age) if 
        accompanying or following to join the alien.''.
            (2) Conditions on nonimmigrant status.--Section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184) is amended--
            (1) by redesignating the subsection (l) added by section 
        625(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
        1820) as subsection (m); and
            (2) by adding at the end the following:
    ``(n)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial reason to 
believe that the alien 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).
    ``(2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year under 
section 101(a)(15)(T) may not exceed 5,000.
    ``(3) The numerical limitation of paragraph (2) shall only apply to 
principal aliens and not to the spouses, sons, daughters, or parents of 
such aliens.
    ``(4) Aliens who are subject to the numerical limitation of 
paragraph (2) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status.''.
            (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:
    ``(13)(A) The Attorney General shall determine whether a ground for 
inadmissibility exists with respect to a nonimmigrant described in 
section 101(a)(15)(T).
    ``(B) In addition to any other waiver that may be available under 
this section, 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, the Attorney General, in the Attorney 
General's discretion, may waive the application of--
            ``(i) paragraphs (1) and (4) of subsection (a); and
            ``(ii) any other provision of such subsection (excluding 
        paragraphs (3), (10)(C), and (10(E)) if the activities 
        rendering the alien inadmissible under the provision were 
        caused by, or were incident to, the victimization described in 
        section 101(a)(15)(T)(i).
    ``(C) Nothing in this paragraph 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) 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).''.
            (4) Adjustment to permanent resident status.--Section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255) is 
        amended by adding at the end the following:
    ``(l)(1) 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 such 
        admission;
            ``(B) has, throughout such period, been a person of good 
        moral character;
            ``(C) has, during such period, complied with any reasonable 
        request for assistance in the investigation or prosecution of 
        severe forms of trafficking in persons; and
            ``(D)(i) has a well-founded fear of retribution involving 
        the infliction of severe harm upon removal from the United 
        States; or
            ``(ii) would suffer extreme hardship in connection with the 
        victimization described in section 101(a)(15)(T)(i) upon 
        removal from the United States,
the Attorney General may adjust the status of the alien (and the 
spouse, parents, married and unmarried sons and daughters of the alien 
if admitted under such section) to that of an alien lawfully admitted 
for permanent residence.
    ``(2) Paragraph (1) shall not apply to an alien admitted under 
section 101(a)(15)(T) who is inadmissible to the United States by 
reason of a ground that has not been waived under section 212, except 
that, if the Attorney General considers it to be in the national 
interest to do so, the Attorney General, in the Attorney General's 
discretion, may waive the application of--
            ``(A) paragraphs (1) and (4) of section 212(a); and
            ``(B) any other provision of such section (excluding 
        paragraphs (3), (10)(C), and (10(E)), if the activities 
        rendering the alien inadmissible under the provision were 
        caused by, or were incident to, the victimization described in 
        section 101(a)(15)(T)(i).
    ``(3) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States for purposes of 
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.
    ``(4)(A) The total number of aliens whose status may be adjusted 
under paragraph (1) during any fiscal year may not exceed 5,000.
    ``(B) The numerical limitation of subparagraph (A) shall only apply 
to principal aliens and not to the spouses, sons, daughters, or parents 
of such aliens.
    ``(C) Aliens who are subject to the numerical limitation of 
subparagraph (A) shall have their status adjusted in the order in which 
applications are filed for such adjustment.
    ``(D) Upon the approval of adjustment of status under paragraph 
(1)--
            ``(i) the Attorney General shall record the alien's lawful 
        admission for permanent residence as of the date of such 
        approval; and
            ``(ii) the Secretary of State shall not be required to 
        reduce the number of immigrant visas authorized to be issued 
        under this Act for any fiscal year.''.

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)(4) 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 leave countries and 
        to 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 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.
            (4) Exercise of waiver authority.--The President may 
        exercise the authority under paragraph (3) with respect to all 
        nonhumanitarian foreign assistance to a country or with respect 
        to one or more programs, projects, or activities.
    (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 section.
            (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.--
            (1) 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.
            (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 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. Forced labor
    ``Whoever knowingly provides or obtains the labor or services of a 
person--
            ``(1) by threats of serious harm to, or physical restraint 
        against, that person or another person;
            ``(2) by use of fraud, deceit, or misrepresentation if the 
        person is a minor, mentally disabled, or otherwise particularly 
        susceptible to undue influence;
            ``(3) by means of any scheme, plan, or pattern intended to 
        cause the person to believe that if the person did not perform 
        such labor or services, serious harm or physical restraint 
        would be inflicted on that person or another person; or
            ``(4) by means of the abuse or threatened abuse of law or 
        the legal process,
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 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.
``Sec. 1590. Trafficking with respect to peonage, slavery, involuntary 
              servitude, or forced labor
    ``Whoever knowingly--
            ``(1) recruits, harbors, transports, provides, or obtains 
        by any means, any person for labor or services in violation of 
        this chapter; or
            ``(2) benefits, financially or otherwise, from an 
        enterprise in which a person has been subjected to labor or 
        services in violation of this chapter,
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 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.
``Sec. 1591. Sex trafficking of children or by coercion, fraud, deceit, 
              or misrepresentation
    ``(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, enticed, 
        harbored, transported, provided, or obtained in violation of 
        paragraph (1),
knowing that coercion, fraud, deceit, misrepresentation, or other 
abusive practices 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.--The punishment for an offense under subsection 
(a) is--
            ``(1) if the offense was effected by coercion, fraud, 
        deceit, misrepresentation, or other abusive practices 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) The term `commercial sex act' means any sex act, on 
        account of which anything of value is given to or received by 
        any person, and--
                    ``(A) which takes place in the United States;
                    ``(B) which affects United States foreign commerce; 
                or
                    ``(C) 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.''
            ``(2) The term `other abusive practices' means--
                    ``(A) threats of serious harm to, or physical 
                restraint against, the person or other person; and
                    ``(B) the abuse or threatened abuse of law or the 
                legal process.
``Sec. 1592. Unlawful conduct with respect to documents in furtherance 
              of trafficking, peonage, slavery, involuntary servitude, 
              or forced labor
    ``(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 a violation of section 1581, 1583, 
        1584, 1589, 1590, or 1591 or a conspiracy or attempt to commit 
        such a violation; or
            ``(2) to prevent or restrict, without lawful authority, the 
        person's liberty to move or travel in interstate or foreign 
        commerce in furtherance of a violation of section 1581, 1583, 
        1584, 1589, 1590, or 1591 or a conspiracy or attempt to commit 
        such a violation,
shall be fined under this title or imprisoned for not more than 5 
years, or both.
    ``(b) Subsection (a) does not apply to the conduct of a person who 
is or has been a victim of a severe form of trafficking in persons as 
defined in section 3(6) of the Trafficking Victims Protection Act of 
2000, if that conduct is caused by, or incident to, that trafficking.
``Sec. 1593. Mandatory restitution
    ``(a) Notwithstanding sections 3663 or 3663A, and in addition to 
any other civil or criminal penalties authorized by law, the court 
shall order restitution for any offense under this chapter.
    ``(b)(1) The order of restitution under this section shall direct 
the defendant to pay the victim (through the appropriate court 
mechanism) the full amount of the victim's losses, as determined by the 
court under paragraph (3) of this subsection.
    ``(2) An order of restitution under this section shall be issued 
and enforced in accordance with section 3664 in the same manner as an 
order under section 3663A.
    ``(3) As used in this subsection, the term `full amount of the 
victim's losses' has the same meaning as provided in section 2259(b)(3) 
and shall in addition include the greater of the gross income or value 
to the defendant of the victim's services or labor or the value of the 
victim's labor as guaranteed under the minimum wage and overtime 
guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
    ``(c) As used in this section, the term `victim' means the 
individual harmed as a result of a crime under this chapter, including, 
in the case of a victim who is under 18 years of age, incompetent, 
incapacitated, or deceased, the legal guardian of the victim or a 
representative of the victim's estate, or another family member, or any 
other person appointed as suitable by the court, but in no event shall 
the defendant be named such representative or guardian.
``Sec. 1594. General provisions
    ``(a) An attempt or conspiracy 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)(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 7(e) of the Trafficking Victims Protection Act of 2000.
    ``(c)(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.
            ``(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. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary 
                            servitude, or forced labor.
``1591. Sex trafficking of children or by coercion, fraud, deceit, or 
                            misrepresentation.
``1592. Unlawful conduct with respect to documents in furtherance of 
                            trafficking, peonage, slavery, involuntary 
                            servitude, or forced labor.
``1593. Mandatory restitution.
``1594. 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.

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.

            Passed the House of Representatives May 9, 2000.

            Attest:

                                          JEFF TRANDAHL, Clerk.
                                                       Calendar No. 584

106th CONGRESS

  2d Session

                               H. R. 3244

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 10, 2000

                                Received

                              May 25, 2000

                          Read the first time

                              June 6, 2000

            Read the second time and placed on the calendar