[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2449 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2449

   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, prosecution, and 
enforcement against traffickers, and through protection and assistance 
                       to victims of trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

 Mr. Brownback introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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, 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 ``International 
Trafficking Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
Sec. 4. Annual Country Reports on Human Rights Practices.
Sec. 5. Interagency task force to monitor and combat trafficking.
Sec. 6. Prevention of trafficking.
Sec. 7. Protection and assistance for victims of trafficking.
Sec. 8. Minimum standards for the elimination of trafficking.
Sec. 9. Assistance to foreign countries to meet minimum standards.
Sec. 10. Actions against governments failing to meet minimum standards.
Sec. 11. Actions against traffickers in persons.
Sec. 12. Strengthening prosecution and punishment of traffickers.
Sec. 13. Authorization of appropriations.

SEC. 2. PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are to combat trafficking 
in persons, a contemporary manifestation of slavery whose victims are 
predominantly women and children, to ensure just and effective 
punishment of traffickers, and to protect their victims.
    (b) Findings.--Congress finds that:
            (1) As we begin the 21st century, the degrading institution 
        of slavery continues throughout the world. Sex trafficking is a 
        modern day form of slavery and it is the largest manifestation 
        of slavery today. Millions of people every year, primarily 
        women and children, are trafficked within or across 
        international borders. Approximately 50,000 women and children 
        are trafficked into the United States each year.
            (2) Many of these persons are trafficked into the 
        international sex trade, often by force, fraud, or coercion. 
        The sex industry has rapidly expanded over the past several 
        decades. It involves sexual exploitation of persons, 
        predominantly women and girls, involving activities related to 
        prostitution, pornography, sex tourism, and other commercial 
        sexual services. The low status of women in many parts of the 
        world has contributed to a burgeoning of the trafficking 
        industry.
            (3) Trafficking in persons is not limited to the sex 
        industry. This growing transnational crime also includes forced 
        labor, and involves significant violations of minimal labor, 
        public health, and human rights standards worldwide.
            (4) Traffickers primarily target women and girls, who are 
        disproportionately affected by poverty, lack of access to 
        education, chronic unemployment, discrimination, and lack of 
        viable economic opportunities in countries of origin. 
        Traffickers lure women and girls into their networks through 
        false promises of decent working conditions at relatively good 
        pay as nannies, maids, dancers, factory workers, restaurant 
        workers, sales clerks, or models. Traffickers also buy children 
        from poor families and sell them into prostitution or into 
        various types of forced or bonded labor.
            (5) Traffickers often transport victims from their home 
        communities to unfamiliar destinations, including different 
        countries away from family and friends, religious institutions, 
        and other sources of protection and support, leaving the 
        victims defenseless and vulnerable.
            (6) Victims are often forced through physical violence to 
        engage in sex acts or perform slavery-like labor. Such force 
        includes rape and other forms of sexual abuse, torture, 
        starvation, imprisonment, threats, psychological abuse, and 
        coercion.
            (7) Traffickers often make representations to their victims 
        that physical harm may occur to them or others should they 
        escape or attempt to escape. Such threats can have the same 
        coercive effects on victims as actual infliction of harm.
            (8) Trafficking in persons is increasingly perpetrated by 
        organized, sophisticated criminal enterprises. Such trafficking 
        is the fastest growing source of profits for organized criminal 
        enterprises worldwide. Profits from the trafficking industry 
        contribute to the expansion of organized crime in the United 
        States and worldwide. Trafficking often is aided by official 
        corruption in countries of origin, transit, and destination, 
        thereby threatening the rule of law.
            (9) Trafficking includes all the elements of the crime of 
        forcible rape, when it involves the involuntary participation 
        of another person in sex acts by means of fraud, force, or 
        coercion.
            (10) Trafficking also involves violations of other laws, 
        including labor and immigration codes and laws against 
        kidnapping, slavery, false imprisonment, assault, battery, 
        pandering, fraud, and extortion.
            (11) Trafficking exposes victims to serious health risk. 
        Women and children trafficked into the sex industry are exposed 
        to deadly diseases, including HIV and AIDS. Trafficking victims 
        are sometimes worked or physically brutalized to death.
            (12) Trafficking in persons involving slavery-like labor 
        practices substantially affects interstate and foreign 
        commerce. The United States must take action to eradicate the 
        substantial burdens on commerce that result from trafficking in 
        persons and to prevent the channels of commerce from being used 
        for immoral and injurious purposes.
            (13) Trafficking of persons is an evil requiring concerted 
        and vigorous action by countries of origin, transit or 
        destination, and by international organizations.
            (14) Existing legislation and law enforcement in the United 
        States and other countries are inadequate to deter trafficking 
        and bring traffickers to justice, failing to reflect the 
        gravity of the offenses involved. No comprehensive law exists 
        in the United States that penalizes the range of offenses 
        involved in the trafficking scheme. Instead, even the most 
        brutal instances of trafficking into the sex industry are often 
        punished under laws that also apply to lesser offenses such as 
        consensual sexual activity and illegal immigration, so that 
        traffickers typically escape deserved punishment.
            (15) In the United States, the seriousness of this crime 
        and its components are not reflected in current sentencing 
        guidelines, resulting in weak penalties for convicted 
        traffickers. Additionally adequate services and facilities do 
        not exist to meet the needs of health care, housing, education, 
        and legal assistance, which safely reintegrate domestic 
        trafficking victims.
            (16) In some countries, enforcement against traffickers is 
        also hindered by official indifference, by corruption, and 
        sometimes even by official participation in trafficking.
            (17) Existing laws often fail to distinguish between 
        victims of trafficking and traffickers, and often because 
        victims are illegal immigrants in the destination country, they 
        are repeatedly punished more harshly than the traffickers 
        themselves.
            (18) Victims of trafficking often find it difficult or 
        impossible to report the crimes committed against them or to 
        assist in the investigation and prosecution of such crimes. 
        This is because they are frequently unfamiliar with the laws, 
        culture, and language of the countries into which they are 
        trafficked. Also, they are often subjected to coercion, 
        intimidation, physical detention, debt bondage, and fear of 
        forcible removal to countries where they face hardship.
            (19) The United States and the international community 
        agree that trafficking in persons involves grave violations of 
        human rights and is a matter of pressing international concern. 
        The international community has repeatedly condemned slavery 
        and involuntary servitude, violence against women, and other 
        elements of trafficking, through declarations, treaties, United 
        Nations resolutions and reports, including the Universal 
        Declaration of Human Rights; the 1956 Supplementary Convention 
        on the Abolition of Slavery, the Slave Trade, and Institutions 
        and Practices Similar to Slavery; the 1957 Abolition of Forced 
        Labor Convention; the International Covenant on Civil and 
        Political Rights; the Convention on the Elimination of All 
        Forms of Discrimination Against Women; the Convention Against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment; United Nations General Assembly Resolutions 50/167, 
        51/66, and 52/98; the Final Report of the World Congress 
        against Sexual Exploitation of Children (Stockholm, 1996); the 
        Fourth World Conference on Women (Beijing, 1995); and the 1991 
        Moscow Document of the Organization for Security and 
        Cooperation in Europe.
            (20) Trafficking in persons is a transnational crime with 
        national implications. To deter international trafficking and 
        bring its perpetrators to justice, nations including the United 
        States must recognize that trafficking is a serious offense. 
        This is done by prescribing appropriate punishment, giving 
        priority to the prosecution of trafficking offenses, and 
        protecting rather than punishing the victims of such offenses. 
        The United States must work bilaterally and multilaterally to 
        abolish the trafficking industry by taking steps to promote 
        cooperation among countries linked together by international 
        trafficking routes. The United States must also urge the 
        international community to take strong action in multilateral 
        fora to engage recalcitrant countries in serious and sustained 
        efforts to eliminate trafficking and protect trafficking 
        victims.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Act of a severe form of trafficking in persons.--The 
        term ``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--
                    (A) any act of recruitment, harboring, transport, 
                provision, employment, securing, transfer, purchase, 
                sale or receipt of a victim of such trafficking; or
                    (B) any act of--
                            (i) 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 is subjected to such condition 
                        or practice; or
                            (ii) sharing in the profits of a severe 
                        form of trafficking in persons or any part 
                        thereof.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (3) Coercion.--The term ``coercion'' means the use of 
        force, violence, physical restraint, deception, 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.
            (4) Commercial sex act.--The term ``commercial sex act'' 
        means any sex act whereby anything of value is given to or 
        received by any person.
            (5) Minimum standards for the elimination of trafficking.--
        The term ``minimum standards for the elimination of 
        trafficking'' means the standards set forth in section 8.
            (6) Nonhumanitarian nontrade foreign assistance.--The term 
        ``nonhumanitarian nontrade foreign assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961, other than--
                            (i) assistance under chapter 4 of part II 
                        of that Act that is made available for any 
                        program, project, or activity eligible for 
                        assistance under chapter 1 of part I of that 
                        Act;
                            (ii) assistance under chapter 8 of part I 
                        of that Act;
                            (iii) 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;
                            (iv) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        that Act;
                            (v) antiterrorism assistance under chapter 
                        8 of part II of that Act;
                            (vi) assistance which involves the 
                        provision of food (including monetization of 
                        food) or medicine;
                            (vii) assistance for refugees;
                            (viii) humanitarian and other development 
                        assistance in support of programs of 
                        nongovernmental organizations under chapters 1 
                        and 10 of that Act;
                            (ix) programs under title IV of chapter 2 
                        of part I of that Act, relating to the Overseas 
                        Private Investment Corporation; or
                            (x) programs involving trade-related 
                        assistance; and
                    (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.
            (7) Severe forms of trafficking in persons.--The term 
        ``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 fraud, force, coercion, or 
                deception, or in which the person induced to perform 
                such act has not attained 18 years of age; or
                    (B) the recruitment, harboring, provision, 
                transportation, employment, transfer, receipt, 
                purchase, sale, or securing, by any means, of a person, 
                through the use of force, coercion, fraud, or 
                deception, for the purpose of subjection to involuntary 
                servitude, peonage, or slavery or slavery-like 
                practices.
            (8) Sex trafficking.--The term ``sex trafficking'' means 
        the purchase, sale, recruitment, harboring, transportation, 
        transfer, or receipt of a person for the purpose of a 
        commercial sex act.
            (9) Slavery-like practices.--The term ``slavery-like 
        practices'' means the inducement of a person to perform labor 
        or other services, or an act by force, fraud, coercion, or any 
        scheme, plan, or pattern to cause the person to believe that 
        failure to perform the work will result in--
                    (A) the infliction of serious harm;
                    (B) 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
                    (C) 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.
            (10) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act or practice 
        described in paragraph (7) or (8).
            (11) Victim of a severe form of trafficking.--The term 
        ``victim of a severe form of trafficking'' means a person 
        subject to an act or practice described in paragraph (7).

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

    The Secretary of State, with the assistance of the Assistant 
Secretary of Democracy, Human Rights and Labor, shall, as part of the 
annual Country Reports on Human Rights Practices, include information 
on the status of trafficking in persons, including the following 
information:
            (1) A 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 cooperative efforts to 
                        combat trafficking;
                            (iii) refrains from prosecuting victims of 
                        severe forms of trafficking and from other 
                        discriminatory treatment of such victims due to 
                        such victims having been trafficked, or due to 
                        their having left or entered the country 
                        illegally; and
                            (iv) recognizes the rights of victims and 
                        ensures their access to justice.
            (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 Act referred to 
as the ``Task Force'').
    (b) Appointment.--The President shall appoint the members of the 
Task Force, which shall include the Secretary of State, the 
Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of Central 
Intelligence, and such other officials as may be designated by the 
President.
    (c) Chairman.--The Task Force shall be chaired by the Secretary of 
State.
    (d) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an Office to 
Monitor and Combat Trafficking, which shall provide assistance to the 
Task Force. Any such Office shall be headed by a Director. The Director 
shall have the primary responsibility for assisting the Secretary of 
State in carrying out the purposes of this Act and may have additional 
responsibilities as determined by the Secretary. The Director shall 
consult with domestic, international nongovernmental organizations, and 
multilateral organizations, including the Organization of American 
States, the Organization for Security and Cooperation in Europe, and 
the United Nations, and with trafficking victims or other affected 
persons. The Director shall have the authority to take evidence in 
public hearings or by other means. The Office is authorized to retain 
staff members from agencies represented on the Task Force.
    (e) Activities of the Task Force.--In consultation with 
nongovernmental organizations, the Task Force shall carry out the 
following activities:
            (1) Coordinate the implementation of this Act.
            (2) Measure and evaluate progress of the United States and 
        other countries in the areas of trafficking prevention, 
        protection and assistance to victims of trafficking, and 
        prosecution and enforcement against traffickers, including the 
        role of public corruption in facilitating trafficking.
            (3) Expand interagency procedures to collect and organize 
        data, including significant research and resource information 
        on domestic and international trafficking. Any data collection 
        procedures established under this subsection shall respect the 
        confidentiality of victims of trafficking.
            (4) Engage in efforts to facilitate cooperation among 
        countries of origin, transit, and destination. Such efforts 
        shall aim to strengthen local and regional capacities to 
        prevent trafficking, prosecute traffickers and assist 
        trafficking victims, and shall include initiatives to enhance 
        cooperative efforts between destination countries and countries 
        of origin and assist in the appropriate reintegration of 
        stateless victims of trafficking.
            (5) Examine the role of the international ``sex tourism'' 
        industry in the trafficking of persons and in the sexual 
        exploitation of women and children around the world.
            (6) Engage in advocacy, with governmental and 
        nongovernmental organizations, among other entities, to advance 
        the purposes of this Act.

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 
        decisionmaking;
            (3) programs to keep children, especially girls, in 
        elementary and secondary schools, and to educate children, 
        women, and men who have been victims of trafficking;
            (4) development of educational curricula regarding the 
        dangers of trafficking; and
            (5) grants to nongovernmental organizations to accelerate 
        and advance the political, economic, social, and educational 
        roles and capacities of women in their countries.
    (b) Public Awareness and Information.--The President, acting 
through the Secretary of Labor, the Secretary of Health and Human 
Services, the Attorney General, and the Secretary of State, shall 
establish and carry out programs to increase public awareness, 
particularly among potential victims of trafficking, of the dangers of 
trafficking and the protections that are available for victims of 
trafficking.
    (c) Consultation Requirement.--The President shall consult with 
appropriate nongovernmental organizations with respect to the 
establishment and conduct of initiatives described in subsections (a) 
and (b).

SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, in consultation with appropriate nongovernmental 
        organizations, shall establish and carry out programs and 
        initiatives in foreign countries to assist in the safe 
        integration, reintegration, or resettlement, as appropriate, of 
        victims of trafficking and their children and, if appropriate, 
        their spouses and parents. Such programs and initiatives shall 
        be designed to meet the mental and physical health, housing, 
        legal, and other assistance needs of such persons and their 
        children, as identified by the Inter-Agency Task Force to 
        Monitor and Combat Trafficking established under section 5.
            (2) Additional requirement.--In establishing and conducting 
        programs and initiatives described in paragraph (1), the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign countries, 
        including countries of origin of victims of trafficking, to 
        assist in the integration, reintegration, or resettlement, as 
        appropriate, of victims of trafficking including stateless 
        victims.
    (b) Victims in the United States.--
            (1) Assistance.--Subject to the availability of 
        appropriations and notwithstanding title IV of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996, 
        the Attorney General, the Secretary of Health and Human 
        Services, the Secretary of Labor, 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 work 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--
                    (A) be housed in appropriate housing as quickly as 
                possible;
                    (B) receive prompt medical care, food, and other 
                assistance; and
                    (C) be provided protection if a victim's safety is 
                at risk or if there is danger of additional harm by 
                recapture of the victim by a trafficker, including--
                            (i) taking measures to protect trafficked 
                        persons and their family members from 
                        intimidation and threats of reprisals and 
                        reprisals from traffickers and their 
                        associates; and
                            (ii) ensuring that the names and 
                        identifying information of trafficked persons 
                        and their family members are not disclosed to 
                        the public.
            (2) Victims of severe forms of trafficking shall not be 
        jailed, fined, or otherwise penalized for unlawful acts due to 
        having been trafficked, including for having used false 
        documents, entering the country without documentation, or 
        working without documentation.
            (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 protect the 
        safety and integrity of trafficking victims, including taking 
        measures to protect trafficked persons and their family members 
        from intimidation, threats of reprisals and reprisals from 
        traffickers and their associates.
            (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 (as added by section 12 of this Act) 
should be first disbursed to satisfy any judgments awarded victims of 
trafficking under subsection (b)(4) and section 1591 of title 18, 
United States Code (as added by such section 12). The remaining funds 
from 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 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 Interantional Anti-Trafficking 
                        Act of 2000;
                            ``(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 
                Interantional Anti-Trafficking Act of 2000.''.
            (2) Duties of the attorney general with respect to ``t'' 
        visa nonimmigrants.--Section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101) is amended by adding at the end 
        the following new subsection:
    ``(i) With respect to nonimmigrant aliens described in subsection 
(a)(15)(T)--
            ``(1) the Attorney General and other government officials, 
        where appropriate, shall provide those aliens with referrals to 
        nongovernmental organizations that would educate the aliens 
        regarding their options while in the United States and the 
        resources available to them; and
            ``(2) the Attorney General shall, during the period those 
        aliens are in lawful temporary resident status under that 
        subsection, grant the aliens authorization to engage in 
        employment in the United States and provide the aliens with an 
        `employment authorized' endorsement or other appropriate work 
        permit.''.
            (3) Waiver of grounds for ineligibility for admission.--
        Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)) is amended by adding at the end the following new 
        paragraph:
    ``(13) The Attorney General shall determine whether a ground for 
inadmissibility exists with respect to a nonimmigrant described in 
section 101(a)(15)(T). 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 Attorney General from instituting removal 
proceedings against an alien admitted as a nonimmigrant under section 
101(a)(15)(T) for material nontrafficking related conduct committed 
after the alien's admission into the United States, or for material 
nontrafficking related conduct or a condition that was not disclosed to 
the Attorney General prior to the alien's admission as a nonimmigrant 
under section 101(a)(15)(T).''.
            (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 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.--For purposes of this Act, the minimum 
standards for the elimination of trafficking for a country that is a 
country of origin, transit, or destination for a significant number of 
victims are the following standards:
            (1) The country should prohibit severe forms of trafficking 
        in persons and punish acts of such trafficking.
            (2) For the knowing commission of any act of sex 
        trafficking involving fraud, force, coercion, or deception, or 
        in which the victim of sex trafficking is a child incapable of 
        giving meaningful consent, or of trafficking which includes 
        rape or kidnapping or which causes a death, the country should 
        prescribe punishment commensurate with that for the most 
        serious crimes, such as forcible sexual assault.
            (3) For the knowing commission of any act of a severe form 
        of trafficking in persons, the country should prescribe 
        punishment which is sufficiently stringent to deter and which 
        adequately reflects the heinous nature of the offense.
            (4) The country should make serious and sustained efforts 
        to eliminate severe forms of trafficking in persons.
    (b) Criteria.--In determinations of whether a country is making 
serious and sustained efforts under subsection (a)(4) the following 
factors should be considered as indicia of a good faith effort to 
eliminate severe forms of trafficking in persons:
            (1) Whether the country vigorously investigates and 
        prosecutes acts of severe forms of trafficking in persons that 
        take place wholly or partly within the territory of the 
        country.
            (2) Whether the country cooperates with other countries in 
        the investigation and prosecution of severe forms of 
        trafficking in persons.
            (3) Whether the country extradites persons charged with 
        acts of severe forms of trafficking in persons on the same 
        terms and to the same extent as persons charged with other 
        serious crimes.
            (4) Whether the country monitors immigration and emigration 
        patterns for evidence of severe forms of trafficking in persons 
        and whether law enforcement agencies of the country respond to 
        any such evidence in a manner which is consistent with the 
        vigorous investigation and prosecution of acts of such 
        trafficking, as well as with the protection of human rights of 
        victims and the internationally recognized human right to leave 
        and return to one's own country.
            (5) Whether the country protects victims of severe forms of 
        trafficking in persons and encourages their assistance in the 
        investigation and prosecution of such trafficking, including 
        provision for legal alternatives to their removal to countries 
        in which they would face retribution or other hardship.
            (6) Whether the country vigorously investigates and 
        prosecutes public officials who participate in or facilitate 
        severe forms of trafficking in persons, and takes all 
        appropriate measures against officials who condone such 
        trafficking.

SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized to provide 
assistance to foreign countries directly, or through nongovernmental, 
intergovernmental and multilateral organizations, for programs and 
activities designed to meet the minimum international standards for the 
elimination of trafficking, including drafting of legislation to 
prohibit and punish acts of trafficking, investigation and prosecution 
of traffickers, creation and maintenance of facilities, programs, and 
activities for the protection of victims, and the expansion of exchange 
programs and international visitor programs for governmental and 
nongovernmental personnel to combat trafficking.

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

    (a) Statement of Policy.--It is the policy of the United States not 
to provide nonhumanitarian non-trade 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.--In addition to the annual report 
        under paragraph (1), the Secretary of State may submit to the 
        appropriate congressional committees one or more interim 
reports with respect to the status of severe forms of trafficking in 
persons, including information about countries whose governments have 
come into or out of compliance with the minimum standards for the 
elimination of trafficking since the transmission of the last annual 
report.
    (c) Notification.--For fiscal year 2003 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 non-trade assistance.--
        The President has determined that--
                    (A)(i) the United States will not provide 
                nonhumanitarian nontrade 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 nontrade 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 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 government) 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 
        nontrade foreign assistance to the country is in the national 
        interest of the United States.
            (4) Exercise of authority.--In the exercise of the 
        authority under paragraph (3), the President may exercise such 
        authority with respect to all foreign assistance to a country 
        or with respect to any specific programs, projects, or 
        activities, and the President shall exercise such authority so 
        as to avoid adverse effects on vulnerable populations, 
        including women and children.
    (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 section 3(6)(A) or in section 3(6)(B), no assistance is 
intended to be received or used by any agency or official who has 
participated in, facilitated, or condoned a severe form of trafficking 
in persons.

SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.

    (a) Authority To Sanction Traffickers in Persons.--
            (1) In general.--The President may exercise IEEPA 
        authorities (other than authorities relating to importation) 
        without regard to section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701) in the case of any foreign 
        person who is on the list described in subsection (b).
            (2) Penalties.--The penalties set forth in section 206 of 
        the International Emergency Economic Powers Act (50 U.S.C. 
        1705) apply to violations of any license, order, or regulation 
        issued under paragraph (1).
            (3) IEEPA authorities.--For purposes of clause (i), the 
        term ``IEEPA authorities'' means the authorities set forth in 
        section 203(a) of the International Emergency Economic Powers 
        Act (50 U.S.C. 1702(a)).
    (b) List of Traffickers of Persons.--
            (1) Compiling list of traffickers in persons.--The 
        Secretary of State is authorized to compile a list of the 
        following persons:
                    (A) Any foreign person that plays a significant 
                role in a severe form of trafficking in persons, 
                directly or indirectly in the United States or any of 
                its territories or possessions.
                    (B) Foreign persons who materially assist in, or 
                provide financial or technological support for or to, 
                or providing goods or services in support of, 
                activities of a significant foreign trafficker in 
                persons identified pursuant to subparagraph (A).
                    (C) Foreign persons that are owned, controlled, or 
                directed by, or acting for or on behalf of, a 
                significant foreign trafficker so identified pursuant 
                to subparagraph (A).
            (2) Revisions to list.--The Secretary of State shall make 
        additions or deletions to any list compiled under paragraph (1) 
        on an ongoing basis based on the latest information available.
            (3) Consultation.--The Secretary of State shall consult 
        with the following officers in carrying out paragraphs (1) and 
        (2).
                    (A) The Attorney General.
                    (B) The Director of Central Intelligence.
                    (C) The Director of the Federal Bureau of 
                Investigation.
                    (D) The Secretary of Labor.
                    (E) The Secretary of Health and Human Services.
            (4) Publication of list.--Upon compiling the list referred 
        to in paragraph (1) and within 30 days of any revisions to such 
        list, the Secretary of State shall submit the list or revisions 
        to such list to the Committees on the International Relations 
        and Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives; and to the 
        Committees on Foreign Relations, the Judiciary, and the Select 
        Committee on Intelligence of the Senate; and publish the list 
        or revisions to such list in the Federal Register after such 
        persons on the list have admitted, been convicted, or been 
        formally found to have participated in the acts described in 
        paragraph (1) (A), (B), and (C).
    (c) Report to Congress on Identification and Sanctioning of 
Traffickers in Persons.--Upon exercising the authority of subsection 
(a), the President shall submit a report to the Committees on the 
International Relations and the Judiciary, and the Permanent Select 
Committee on Intelligence of the House of Representatives and to the 
Committees on Foreign Relations and the Judiciary, and the Select 
Committee on Intelligence of the Senate--
            (1) identifying publicly the foreign persons from the list 
        published under subsection (b)(4) that the President determines 
        are appropriate for sanctions pursuant to this section; and
            (2) detailing publicly the sanctions imposed pursuant to 
        this section.
    (d) Exclusion of Certain Information.--
            (1) Intelligence.--Notwithstanding any other provision of 
        this section, the list and report described in subsections (b) 
        and (c) shall not disclose the identity of any person, if the 
        Director of Central Intelligence determines that such 
        disclosure could compromise an intelligence operation, 
        activity, source, or method of the United States.
            (2) Law enforcement.--Notwithstanding any other provision 
        of this section, the list and report described in subsections 
        (b) and (c) shall not disclose the name of any person if the 
        Attorney General, in coordination as appropriate with the 
        Director of the Federal Bureau of Investigation, the 
        Administrator of the Drug Enforcement Administration, and the 
        Secretary of the Treasury, determines that such disclosure 
        could reasonably be expected to--
                    (A) compromise the identity of a confidential 
                source, including a State, local, or foreign agency or 
                authority or any private institution that furnished 
                information on a confidential basis;
                    (B) jeopardize the integrity or success of an 
                ongoing criminal investigation or prosecution;
                    (C) endanger the life or physical safety of any 
                person; or
                    (D) cause substantial harm to physical property.
            (3) Notification required.--(A) Whenever either the 
        Director of Central Intelligence or the Attorney General makes 
        a determination under this subsection, the Director of Central 
        Intelligence or the Attorney General shall notify the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate, and explain the reasons for such determination.
            (B) The notification required under this paragraph shall be 
        submitted to the Permanent Select Committee on Intelligence of 
        the House of Representatives and the Select Committee on 
        Intelligence of the Senate not later than July 1, 2001, and on 
        an annual basis thereafter.
    (e) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section prohibits or otherwise limits the authorized 
law enforcement or intelligence activities of the United States or the 
law enforcement activities of any State or subdivision thereof.
    (f) Exclusion of Persons Who Have Benefited From Illicit Activities 
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(H) Traffickers in persons.--Any alien who--
                            ``(i) is on the most recent list of 
                        traffickers provided in section 11 of the 
                        International Anti-Trafficking Act of 2000, or 
                        who the consular officer or the Attorney 
                        General knows or has reason to believe is or 
                        has been a knowing aider, abettor, assister, 
                        conspirator, or colluder with such a trafficker 
                        in severe forms of trafficking in persons, as 
                        defined in the section 3 of such Act; or
                            ``(ii) who the consular officer or the 
                        Attorney General knows or has reason to believe 
                        is the spouse, son, or daughter of an alien 
                        inadmissible under clause (i), has, within the 
                        previous 5 years, obtained any financial or 
                        other benefit from the illicit activity of that 
                        alien, and knew or reasonably should have known 
                        that the financial or other benefit was the 
                        product of such illicit activity, is 
                        inadmissible.''.
    (g) Implementation.--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, 
transfers, receives, 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, peonage, or slavery-like conditions, 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) In this section--
            ``(1) 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, by debt bondage, by 
        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, or by means of 
        any plan or pattern, including false and fraudulent pretense 
        and misrepresentations, such that the person reasonably 
        believes that if he did not perform the act, labor, or 
        services, serious harm would be inflicted on himself or on 
        another person, or the person reasonably believes that the 
        person has no option but to perform the act, labor, or 
        services; and
            ``(2) the term `debt bondage' means a relationship 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.
    ``(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, provides, transports, 
        employs, transfers, receives, purchases, sells, or secures, by 
        any means, any person, or
            ``(2) owns, manages, or operates the premises, 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 Sex Act.--In this section, the term 
`commercial sex act' means any sex act, whereby 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, peonage, or slavery-
              like conditions
    ``(a) Except as provided in subsection (b), 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);
            ``(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.
    ``(b) The provisions of subsection (a) shall not apply to persons 
who have been trafficked as defined in section 7(c)(2) of the 
International Anti-Trafficking Act of 2000.
``Sec. 1591. Mandatory restitution
    ``(a) Notwithstanding section 3663 or 3663A, and in addition to any 
other civil or criminal penalties authorized by law, the court shall 
order restitution for any offense under this chapter.
    ``(b)(1) The order of restitution under this section shall direct 
the defendant to pay the victim (through the appropriate court 
mechanism) the full amount of the victim's losses, as determined by the 
court under paragraph (3) of this subsection.
    ``(2) An order of restitution under this section shall be issued 
and enforced in accordance with section 3664 in the same manner as an 
order under section 3663A.
    ``(3) As used in this subsection, the term `full amount of the 
victim's losses' has the same meaning as 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 section 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.
    ``(b) An attempt or conspiracy to violate section 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 follow the guidelines of section 
7(e) of the International Anti-Trafficking Act of 2000.
    ``(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, peonage, or slavery-
                            like conditions.
``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 
2001 and $3,000,000 for fiscal year 2002.
    (b) Authorization of Appropriations to the Secretary of Health and 
Human Services.--To carry out the purposes of section 7(b), there are 
authorized to be appropriated to the Secretary of Health and Human 
Services $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
year 2002.
    (c) Authorization of Appropriations to the Secretary of State.--
            (1) Assistance for victims in other countries.--To carry 
        out the purposes of section 7(a), there are authorized to be 
        appropriated to the Secretary of State $5,000,000 for fiscal 
        year 2001 and $10,000,000 for fiscal year 2002.
            (2) Voluntary contributions to osce.--To carry out the 
        purposes of section 9, there are authorized to be appropriated 
        to the Secretary of State $300,000 for voluntary contributions 
        to advance projects aimed at preventing trafficking, promote 
        respect for human rights of trafficking victims, and assisting 
        the Organization for Security and Cooperation in Europe 
        participating states in related legal reform for fiscal year 
        2001.
            (3) Preparation of annual country reports on human 
        rights.--To carry out the purposes of section 4, there are 
        authorized to be appropriated to the Secretary of State such 
        sums as may be necessary to include the additional information 
        required by that section in the annual Country Reports on Human 
        Rights Practices, including the preparation and publication of 
        the list described in subsection (a)(1) of that section.
    (d) Authorization of Appropriations to Attorney General.--To carry 
out the purposes of section 7(b), there are authorized to be 
appropriated to the Attorney General $5,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
    (e) Authorization of Appropriations to President.--
            (1) Foreign victim assistance.--To carry out the purposes 
        of section 6, there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 2001 and $10,000,000 for 
        fiscal year 2002.
            (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 9, there are 
        authorized to be appropriated to the President $5,000,000 for 
        fiscal year 2001 and $10,000,000 for fiscal year 2002.
    (f) Authorization of Appropriations to the Secretary of Labor.--To 
carry out the purposes of section 7(b), there are authorized to be 
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2001 
and $10,000,000 for fiscal year 2002.
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