[Congressional Record Volume 146, Number 56 (Tuesday, May 9, 2000)]
[House]
[Pages H2675-H2687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3244) to combat trafficking of persons, especially
into the sex trade, slavery, and slavery-like conditions, in the United
States and countries around the world through prevention, through
prosecution and enforcement against traffickers, and through protection
and assistance to victims of trafficking, as amended.
The Clerk read as follows:
H.R. 3244
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''.
[[Page H2676]]
(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
[[Page H2677]]
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
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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 fifteen 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 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
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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
[[Page H2680]]
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
[[Page H2681]]
(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
[[Page H2682]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Connecticut (Mr. Gejdenson)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from New York (Mr. Gilman), the distinguished
chairman of the Committee on International Relations.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me this
time.
I am pleased to rise in strong support of H.R. 3244, the Trafficking
Victims Protection Act of 2000. I am pleased to cosponsor H.R. 3244.
This legislation would not be before us today without the strong
leadership and extensive work by the gentleman from New Jersey (Mr.
Smith), the distinguished chairman of our Subcommittee on International
Operations and Human Rights of our Committee on International
Relations. He was joined in refining this legislation by the gentleman
from Connecticut (Mr. Gejdenson), the distinguished ranking Democratic
member of our committee. Together they produced a very fine product
which deserves the support of every Member of this body.
As noted in the legislation, Mr. Speaker, millions of people,
primarily women and children, are trafficked every year across the
international borders for sexual or other exploitive purposes.
Approximately 50,000 women and children are trafficked into the United
States for such purposes every year. H.R. 3244 contains a number of
provisions designed to ensure that our government uses its influence
around the world to stop this abominable trafficking in human beings.
Moreover, it enhances the protections under U.S. law for victims of
trafficking in the United States.
This legislation establishes minimum standards that should be
achieved in nations with significant trafficking problems in order for
them to begin eliminating trafficking. The bill also authorizes U.S.
foreign assistance to help countries meet those minimum standards and
beginning in the year 2002, requires the withholding of nonhumanitarian
U.S. foreign assistance from countries that fail to meet those
standards.
Mr. Speaker, this measure enables the President to exercise a
national interest waiver to permit the delivery of nonhumanitarian
assistance, notwithstanding this requirement. But in the
[[Page H2683]]
typical case, this threat should provide a powerful incentive to
nations with trafficking problems to meet the minimum standards.
Within our Nation, the legislation permits certain victims of
trafficking to remain in the country so that among other things, they
can assist in the prosecution of the traffickers. Victims of severe
forms of trafficking are also made eligible for special programs set up
for crime victims. This legislation strengthens the criminal penalties
for trafficking under U.S. law in a number of very critical respects.
Taken together, this is a solidly-crafted piece of legislation that
addresses an urgent moral and humanitarian problem. Regrettably, the
administration has opposed this legislation, but I am optimistic that a
strong expression of support in the House of Representatives today will
prompt the administration to reconsider its position.
Accordingly, Mr. Speaker, I urge our colleagues to fully support H.R.
3244.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume. I thank the distinguished chairman of the Committee on
International Relations for his very kind words; the feeling is mutual
and the respect is mutual.
Mr. Speaker, I am deeply grateful that the House is meeting today to
consider H.R. 3244, the Trafficking Victims Protection Act of 2000
which I introduced last year along with the gentleman from Connecticut
(Mr. Gejdenson), the gentlewoman from Ohio (Ms. Kaptur), the
gentlewoman from New York (Ms. Slaughter), the gentleman from Virginia
(Mr. Wolf), and a number of other bipartisan cosponsors.
Before discussing the merits of the legislation, I would like to
point out that the bill now has 36 cosponsors, 18 Democrats and 18
Republicans. Among the Republican cosponsors are the gentleman from
Texas (Mr. Armey), the distinguished majority leader, who last year
gave us a very firm commitment that this bill would be brought to the
floor because of the egregious nature of the situation that we are
facing; the gentleman from Texas (Mr. DeLay), the majority whip; the
gentleman from New York (Mr. Gilman), the chairman of the Committee on
International Relations who just spoke; the gentleman from Virginia
(Mr. Bliley), the chairman of the Committee on Commerce; and the
gentleman from Florida (Mr. Canady), the chairman of the Subcommittee
on the Constitution. The Democratic cosponsors include not only the
gentleman from Connecticut (Mr. Gejdenson), the distinguished ranking
minority member of the Committee on International Relations, but also
the gentleman from Michigan (Mr. Conyers), the gentleman from Illinois
(Mr. Gutierrez), and the gentlewoman from Georgia (Ms. McKinney), my
friend and the ranking member on my subcommittee.
Another index of the broad support for the Trafficking Victims
Protection Act is that it has both the support of Charles Colson and
Gloria Steinem, of the Family Research Council and of Equality Now; of
the Religious Action Center of Reform Judaism, as well as the National
Association of Evangelicals.
In crafting this legislation, we have also had the assistance of
impartial experts, such as Michael Horowitz of the Hudson Institute,
Gary Haugen of the International Justice Mission, which goes out and
rescues trafficked women and children one-by-one. I especially want to
thank Grover Joseph Rees, the chief counsel and chief of staff of the
Subcommittee on International Operations and Human Rights, for his
remarkable skill in helping to craft this measure and, in like manner,
I would like to thank David Abramowitz, the chief counsel for the
Minority staff, who has done tremendous work on it as well. I would
also like to thank Dr. Laura Lederer of the Protection Project whose
painstaking research has been indispensable in ensuring that we have
the facts about this worldwide criminal enterprise and its victims.
As a matter of fact, Mr. Speaker, in testimony at a Helsinki
Commission sexual trafficking hearing that I chaired on June 28, Dr.
Lederer told the story of Lydia. Lydia's story, she told us, is an
amalgamation of several true stories of women and girls who have been
trafficked in Eastern Europe in recent years.
{time} 1245
Lydia was 16 and hanging around with friends on streets, she told us.
You can fill in the name of the country here, the Ukraine, Russia,
Rumania, Lithuania, the Czech Republic, when they were approached by an
older, beautifully dressed woman who befriended them and told them they
were so nice looking she could get them a part-time job in modeling.
She took them to dinner, bought them some small gifts, and when the
dinner was over she invited them back to her home for a drink. Taking
the drink is the last thing that Lydia remembers. The woman drugged her
and handed her and her friends over to an agent who drove them,
unconscious, across the border. Here you can fill in another set of
countries, be it Germany, the Netherlands, Italy, some Middle Eastern
countries, even as far as Japan, Canada, and of course, the United
States.
When Lydia awoke she was alone in a strange room in a foreign
country. Her friends were gone. A while later a man came into the room
and told her that she now belonged to him. I own you, he said. You are
my property. You will work for me until I say stop. Don't try to leave.
You have no papers. You have no passport. You don't speak the language
in this country. He told her if she tried to escape his men would come
in after her and beat her and bring her back. He told her that her
family back home was in danger. He told her that she owed the agency
$35,000, which she would work off in a brothel by sexually servicing
men, sometimes 10 to 20 men a day.
Stunned, angry, rebellious, Lydia refused. The man then hit her. He
beat her. He raped her. He sent friends in to gang rape her. She was
left in the room alone without food or water for 3 days. Frightened and
broken, she succumbed. For the next 6 months she was held in virtual
confinement and forced to prostitute herself. She received no money.
She had no hope of escape.
She was rescued when the brothel was raided by local police. They
arrested the young women and charged them with working without a visa.
They arrested the brothel manager and charged him with procuration, but
he was later released. They did not attempt to arrest the brothel
owners or to identify the traffickers.
The girls were interviewed, and those who were not citizens of the
country were charged as illegal aliens and transferred to a woman's
prison where they awaited deportation.
A medical examiner found that Lydia had several sexually transmitted
diseases. In addition, she was addicted to a potent cough syrup, and
she was physically weak. She was spiritually broken. There was no one
to speak for Lydia. She feared the future because she knew her keepers.
They had the networks, the power, the resources to track her down,
kidnap her, and bring her back again.
The risk is low so the potential profits are high, and girls like
Lydia are the real target. There seems to be no one who cares about
Lydia's life. The authorities do not have an interest in tracking down
the organizations or the individuals in this trafficking chain, from
the woman who drugged Lydia to the agent who brought her across the
border to the agent who broke her will to the brothel managers and to
the brothel owners.
In addition, there are corrupt law enforcement officers involved,
because the process of getting Lydia across the borders and keeping the
brothels running involves payoffs to local visa officials and police in
the country of origin, border patrols for both countries, and local
police in the destination countries. Lydia is without protection. The
traffickers have bought theirs.
Now, think of Lydia's story multiplied by hundreds of thousands and
you get the picture of the scope of the problem. UNICEF is estimating
that 1 million children are forced into prostitution in southeast Asia
alone, another 1 million worldwide. These are just children. An
estimated 250,000 women and children from Russia, the newly-independent
States, and Eastern Europe are trafficked into Western Europe, the
Middle East, Japan, Canada, and the U.S. each and every year.
An estimated 20,000 children from Central American countries, and
this is a new figure from the Working Group on Contemporary Forms of
Slavery,
[[Page H2684]]
are being trafficked for the purposes of commercial sexual exploitation
up through Central America and into the United States.
Mr. Speaker, on an OSCE human rights trip to St. Petersburg last
July, my wife Marie and I, joined by several other Members, met with
Dr. Juliette Engel of MiraMed Institute, an NGO dedicated to helping
women exploited by trafficking. We met with girls and young women who
told us their heartbreaking stories of their captivity.
Dr. Engel's group has supported H.R. 3244 and points out that,
unfortunately for Russian girls, sexual trafficking is the most
profitable of all the criminal enterprises. Estimates are as high as $4
billion last year, because unlike one-time sales of weapons and
narcotics, women can be sold over and over again. Dreams are shattered,
she writes, families are broken apart, lives are destroyed.
Mr. Speaker, our legislation, H.R. 3244, has attracted such broad
support not only because it is pro-women, pro-child, pro-human rights,
pro-family values, and anticrime, but because it addresses a problem
that absolutely cries out for a solution.
The Trafficking Victims Protection Act focuses on the most severe
forms of trafficking in human beings: on the buying and selling of
children into the international sex industry, on sex trafficking of
women and children alike by force, fraud, or coercion, and on
trafficking into slavery, involuntary servitude, and forced labor.
Each year, as many as 2 million innocent victims, of whom the
overwhelming majority of are women and children, are brought by force
and/or fraud into the international commercial sex industry.
Efforts by the U.S. Government, international organizations, and
others to stop this brutal practice have thus far proved,
unfortunately, unsuccessful. Indeed, all the evidence suggests that
instances of forcible and/or fraudulent sexual trafficking are far more
numerous than just a few years ago.
Mr. Speaker, let me just say a couple of final points. Part of the
problem is that current laws and enforcement strategies in the U.S. and
other countries often punish the victims more severely than they punish
the perpetrators. When a sex-for hire establishment is raided, the
women and sometimes children in the brothel are typically deported if
they are not citizens of the country in which the establishment is
located, without reference to whether their participation was voluntary
or involuntary, and without reference to whether they will face
retribution or other serious harm upon return.
This not only inflicts further cruelty on the victims, it also leaves
nobody to testify against the real criminals, and frightens other
victims from coming forward.
My legislation, Mr. Speaker, seeks the elimination of slavery and
particularly sex slavery by a comprehensive, balanced approach of
prevention, prosecution and enforcement, and victim protection.
The central principle behind the Trafficking Victims Protection Act
is that criminals who knowingly operate enterprises that profit from
sex acts involving persons who had been brought across international
boundaries for such purposes by force or fraud, or who force human
beings into slavery, should receive punishments commensurate with the
penalties for kidnapping and forcible rape. That means up to life
imprisonment. Putting these gangsters away for life would not only be
just punishment but also a powerful deterrent, and the logical
corollary of this principle is that we need to treat victims of these
terrible crimes as victims who desperately need protection.
Let me just say, this bill needs to be passed, Mr. Speaker and it
needs to be passed today.
Mr. Speaker, I reserve the balance of my time.
Mr. GEJDENSON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to start joining my colleagues, the
gentleman from New Jersey (Mr. Smith) and the gentleman from New York
(Mr. Gilman), and commend them for working together on something that
has a broad bipartisan and broad ideological support. These are clearly
some of the most vulnerable people on the planet: people who are
impoverished, often; people who have not had the opportunities to
defend themselves. This legislation begins a process of giving them
some protection.
I would like to particularly thank Alethia Gordon, a Fellow in my
office, for the work that she did in establishing the boundaries of
this legislation and in doing much of the research; and also my friend,
Gloria Steinem, for her work. This legislation crosses the political
boundaries that often are dividing this House, again, both political
and ideological.
I think, as Mr. Smith pointed out, what is so frustrating in the
present situation is often the laws that we have punish only the
victims, people who are tricked from their small villages or large
cities in either the former Soviet Union or poor countries around the
world, Africa, Asia, almost anywhere, tricked and then threatened,
intimidated, their passports taken away, people who do not know what
rights they may have and often may understand that the laws even in our
country only apply to them and not so much, often, to those who enslave
them.
We in this legislation begin the process to both shift the burden to
those who traffic not just in sexual slavery, but employment slavery.
People are brought to this country as employees, often, legally and
illegally, and are then worked beyond all reasonable length of time in
completely abhorrent conditions.
We have seen that happen from Mexicans who are deaf brought to work
the U.S. airports to oftentimes even people brought up with diplomats
and international organizations coming here. Their passports are taken
away.
We do more than just work on the punishment end, though. We also in
this legislation begin the process of getting the information back to
the villages.
I was with a group of people who were in Groton, Connecticut, the
other day who were having a march for MADD, the organization that has
done so much to raise awareness about drinking.
Of all the things they have done, and they have done some wonderful
things, it occurs to me probably the most important thing they have
done is make people aware of the problem, getting the messages back to
the villages so families will not be fooled into thinking their child
is going off to work in a factory somewhere, or work as a domestic and
bring back resources to a hungry and impoverished community. That is
also an important part of this legislation. We need to make sure that
message gets out.
In the dissolution of the Soviet Union, the poverty that has
enveloped many of those former Soviet countries, the poverty in
countries around the world, that ought not be an excuse for allowing
people's lives to be enslaved.
Again, I applaud all the cosponsors, particularly the gentleman from
New Jersey (Mr. Smith), and all those who have worked on this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the
distinguished gentleman from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Speaker, I rise today in support of the Trafficking
Victims Protection Act, a bill that my good friend, the gentleman from
New Jersey (Mr. Smith) has worked on so tirelessly.
I would like to share a story with my colleagues. It is the story of
a young girl from a very poor family in a developing country who had
hopes for a better life in a wealthier land. This attractive young
woman came from a good family, but it was a family that could provide
her with very little. Like young people everywhere, she had dreams,
dreams of nicer clothes, dreams of new opportunities, dreams of seeing
foreign places.
One day she was offered the chance to make her dreams come true. She
would have to leave her family and make her own way, but if she worked
hard, she was promised a new life in a land of opportunity. She was
nervous, but she took the chance.
When she got where she was going, she could tell something was wrong.
She was led to a hot, dirty trailer and locked inside with a handful of
other women, women with emotionless faces and broken spirits. It was
there that her life as a sex slave began.
[[Page H2685]]
At first, she refused to do what she was told, but she could only
take so many beatings. Then 30 men a day entered her trailer and raped
her, sometimes beating her, always robbing her of her dignity and self-
respect, almost constantly abused, crying until tears would no longer
flow, month after month.
She could not escape because she was locked in a trailer. She didn't
know where she was. She didn't know the language. This is a true story.
It did not happen in Bangkok, it did not happen in Amsterdam, it did
not happen in Rio de Janeiro, it happened in Florida. It is happening
today in this country. Every year, 2 million women and children are
trafficked into sexual slavery in this country and around the world,
45,500 to 50,000 times in America a year.
The sad ending to this story is that this poor girl, who was freed in
an FBI raid 2 years ago, spent a year in jail waiting to be deported
back to Mexico.
Mr. Speaker, if this country stands for justice at all, we can do
better for this girl. Dr. Laura Lederer, director of the Protection
Project of the John F. Kennedy School of Government, has taken the lead
in researching and exposing the shockingly widespread nature of the
international sex trade.
Here is what she says: ``To conceptualize how immense the problem is,
imagine a city the size of Minneapolis or St. Louis made up entirely of
women and children. Imagine that those women and children are
kidnapped, raped, and forced into prostitution. Imagine that it happens
every year. Then stop imagining, because it is happening now in those
numbers.''
{time} 1300
We all owe Dr. Lederer a debt that we cannot repay for the work he
has done for the forgotten victims of this underprosecuted area of
organized crime. I urge my colleagues to vote for this important bill.
Mr. GEJDENSON. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from New York (Ms. Slaughter), who spent a tremendous amount of effort
on this piece of legislation.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Connecticut
(Mr. Gejdenson) for yielding me this time. As he mentioned, on June
1994, I first introduced legislation addressing the growing problem of
Burmese women and children who were being sold to work in a thriving
sex industry in Thailand. It is an awful tragedy. These were sometimes
young girls as young as 5 years.
This legislation responded to credible reports that indicated that
thousands of Burmese women and girls were being trafficked into
Thailand with false promises of good-paying jobs in restaurants or
factories, and then being forced into brothels under slavery-like
conditions.
Unfortunately, as I learned more and more about the issue, it became
abundantly clear that the issue was not limited to one region of the
world. In fact, in the wake of the discovery of a prostitution ring of
trafficked women in Florida and the Carolinas, as well as a group of
Thai garment workers held captive in California, I soon realized this
was an issue that must also be dealt with in our own backyard.
Six years later, I am pleased to be standing here today to support
this important legislation. H.R. 3244 sets forth policies not only to
monitor but to eliminate trafficking here in the United States and
abroad. More importantly, it does so in a way that punishes the true
perpetrators, the traffickers themselves, while at the same time taking
the necessary steps to protect the victims of this awful crime.
Finally, Mr. Speaker, it uses our Nation's considerable influence
throughout the world to put pressure on other nations to adopt policies
that will hopefully lead to an end to this abhorrent practice. I am
especially pleased to see that this bill recognizes the fact that
trafficking is not exclusively a crime of sexual exploitation. Taken
independently, this action is an egregious practice in and of itself.
But it is also important to be aware that people are being illegally
smuggled across borders to work in sweatshops, domestic servitude, or
other slavery-like conditions.
Mr. Speaker, developing this initiative has been a long and arduous
process. At the beginning of this endeavor, many of the groups involved
had different approaches to defining and dealing with the issue. And in
addition, we also had to deal with a State Department that was often
less than cooperative when dealing with the Congress.
Nevertheless, we are here today because this is an issue important
enough to cross party lines and personality divides. I offer my
personal thanks to the gentleman from New Jersey (Chairman Smith) and
the gentleman from Connecticut (Mr. Gejdenson), ranking member, for
moving the legislation and look forward to its passage.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from Virginia (Mr. Wolf), my good friend who
has been very earnest on all human rights issues, but this one as well.
Mr. WOLF. Mr. Speaker, I rise in strong support of H.R. 3244, the
Trafficking Victims Protection Act, and I want to compliment the
gentleman from New Jersey (Mr. Smith) and the gentleman from
Connecticut (Mr. Gejdenson). Both have done an outstanding job. If it
was not for the both of these gentlemen, last year when we passed the
religious freedom bill, I remember they went in there and that bill
passed. What the gentleman from Connecticut and the gentleman from New
Jersey are doing today is a continuation of that policy.
The gentleman from New Jersey (Mr. Smith) has a heart for these
issues and really cares deeply. My main purpose was to congratulate Mr.
Smith and Mr. Gejdenson. It is a strong bill. It is a tough bill. It is
comprehensive. It is another initiative fitting in with what their
committee did last year with the religious freedom legislation.
Hopefully, now this bill will be picked up in the Senate and passed
quickly.
Mr. Speaker, I again thank the gentleman from Connecticut (Mr.
Gejdenson) for his efforts here and all the good work that he has done
on human rights over the years. He has always been there on these
issues. And the gentleman from New Jersey (Mr. Smith) who, frankly, his
people back in his congressional district can be very proud of him and
his good work. Whenever there has been an issue like religious freedom,
abortion, China, the Soviet Union, gulag, sex trafficking, the
gentleman has been there; not in the crowd, but he has been right out
in front and has made the big difference. So I thank him for the great
job that he has done, and the staff as well. Mr. Smith is a credit to
the Congress and we are all better for his service.
Mr. GEJDENSON. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from California (Ms. Woolsey), who also spent immeasurable efforts on
this legislation.
Ms. WOOLSEY. Mr. Speaker, I want to compliment the gentleman from New
Jersey (Mr. Smith) and the gentleman from Connecticut (Mr. Gejdenson)
for good work.
Mr. Speaker, I wholeheartedly agree that we must address the problem
of sexual trafficking of women and children throughout the globe, and I
support H.R. 3244 with a lot of enthusiasm.
More than 2 million women and girls are enslaved around the world. In
the United States, estimates run as high as 100,000 being enslaved into
sexual and domestic servitude as a result of lax protections.
Present laws in the United States are inadequate. This bill, H.R.
3244, addresses ways to deter trafficking and assist victims and it
must be passed. But what is this Congress doing to strengthen women's
human rights around the world in order to eradicate international
sexual trafficking? Unfortunately, the Senate Foreign Relations
Committee has not ratified the United Nation's women's treaty known as
CEDAW, Convention to End Discrimination Against All Women.
The people's House must go on record to urge the Senate to ratify
this Bill of Rights. Why? Because CEDAW establishes basic human rights
for women around the globe, rights that are not fully addressed in any
other international treaty. Ratification of CEDAW puts the United
States in a position to be a real player when advocating for women's
human rights and fighting against sexual trafficking.
Mr. Speaker, 165 countries, including Nepal, have ratified CEDAW.
However, Nepal still struggles in its effort to fight against
enslavement of nearly 200,000 women in Indian brothels. This is an
example of where United States
[[Page H2686]]
ratification of CEDAW would lend muscle to the fight against sexual
trafficking. We need to protect women from the human rights abuses they
face simply as a result of their gender, and we can help to make that
happen if the United States ratifies CEDAW.
It is time for Congress to take strides against sexual trafficking
and having the Senate ratify CEDAW is key to this effort. Passing H.R.
3244 is also key.
The SPEAKER pro tempore (Mr. LaTourette). Without objection, the time
of the gentleman from Connecticut (Mr. Gejdenson) will be controlled by
the gentleman from Ohio (Mr. Brown).
There was no objection.
Mr. BROWN of Ohio. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, I thank my colleagues on both sides of
the aisle for introducing this wonderful piece of legislation. I am
sure, Mr. Speaker, there are many Americans who think that the buying
and selling of people ended in the 19th century when slavery was
abolished, and most people here are sure at least that if it happens,
it certainly does not happen here.
Wrong. It is estimated that over 50,000 women and children are
brought to the United States under false pretenses and forced to work
as prostitutes, abused laborers or servants. And worldwide, it is even
worse. Each year 1 to 2 million women and children are trafficked
around the world. This is by far one of the worst human rights
violations of our time. Women and children are easy targets for
exploitation and are often the most marginalized members of society,
the last to be educated, and the last to have economic independence.
Mr. Speaker, when I had the privilege of traveling with the President
to South Asia, I saw a young girl named Nurjahan in Bangladesh. She was
about 15 years old. All she knows for sure is that she thinks she is
about 15 years old, but she knows for sure that at 8, she was bought by
a brothel in Pakistan probably for between $200 and $1,500.
She finally escaped from a life as a sex slave. I met her and eight
other girls at the headquarters of an organization called Action
Against Trafficking and Sexual Exploitation of Children in Dhaka,
Bangladesh. They all looked like the children they were, except for the
acid scars borne by a few of them. The invisible scars one can hardly
bear to imagine.
Many of these girls could not go home because even if their families
would accept them, their communities would not. Adding to their
unspeakable tragedy, some are infected with HIV and all require
counseling, a relatively new practice in South Asia.
I am committed to advancing the economic, legal and political status
of women and children here in the United States and worldwide, and urge
my colleagues to support H.R. 3244, the Trafficking Victims Protection
Act of 1999. Nurjahan and so many others are waiting for us to take
seriously the horrendous practices involved in the trafficking of human
beings.
Mr. BROWN of Ohio. Mr. Speaker, I have no further speakers on this
side, and I yield back the balance of my time and ask for House support
of H.R. 3244.
Mr. SMITH of New Jersey. Mr. Speaker, I thank all of those who have
supported this bill through an incredibly arduous process, as well as
for the kind and important comments that were made on the floor.
Mr. Speaker, the Trafficking Victims Protection Act contains several
mutually reinforcing provisions, probably two most notable of which are
reforms to the United States criminal law to provide severe punishment,
up to life imprisonment in the worse cases, for criminals who buy and
sell human beings or who profit from the deliberate, premeditated and
repeated rape of women and children. This includes people who recruit,
transport, purchase, and sell these innocent victims as well as those
who manage or share in the proceeds of trafficking enterprises. And of
equal importance the bill establishes preventive programs, and provides
real, tangible protections for the victims.
Finally, Mr. Speaker, we cannot wait one more day to begin saving
these millions of women and children who are forced every day to submit
to the most atrocious offenses against their persons and against their
dignity as human beings. I urge unanimous support for the Trafficking
Victims Protection Act of 2000.
Mr. ABERCROMBIE. Mr. Speaker, I wish to express my support for H.R.
3244, the Trafficking Victims Protection Act of 2000.
Trafficking in human beings is an evil which many assume was
abolished long ago. Sadly, this is not the case. Human trafficking
remains one of the worst human rights violations of the contemporary
world. Its victims are typically the poorest, the most vulnerable and
most disadvantaged. Trafficking is global in scope, fed by poverty,
lawlessness, dictatorship and indifference. Each year, more than one
million people, mostly women and children, are lured or forced into
slavery. Traffickers buy young girls from relatives, kidnap children
from their homes or lure women with false promises of legitimate
employment. Traffickers use rape, starvation, torture, extreme physical
brutality and psychological abuse to force victims to work in horrible
conditions as prostitutes, in sweatshops or domestic servitude. Every
American should be concerned and ashamed that many of these victims--
perhaps numbering in the thousands--are trafficked into the United
States each year.
It is clear that we need stronger laws to deter trafficking. We
especially need to impose disincentives to deter the international
criminal rings which profit from the practice. H.R. 3244 includes these
disincentives and other provisions to deter and punish traffickers by:
Establishing new criminal provisions and increasing criminal and
other penalties for traffickers;
Establishing initiatives to prevent trafficking by educating
potential victims and improving their economic conditions to decrease
the lure of traffickers;
Authorizing assistance for countries where victims originate to help
them;
Authorizing a new visa for trafficking victims and providing certain
federal benefits for such victims to create a safe haven so that
victims will escape their conditions and help prosecute the
traffickers;
Cutting off non-humanitarian assistance to countries that do not
effectively combat trafficking, while providing the President a
national interest waiver; and
Focusing U.S. Government efforts in order to create greater
interagency coordination to combat this problem.
Trafficking in human beings is a shameful blot on the contemporary
world. It imposes unspeakable hardship and cruelty on millions of
people. I support the Trafficking Victims Protection Act of 2000,
because it provides a legal framework to attack this contemporary evil.
This measure deserves our support, because it affirms our adherence to
universally accepted norms of human rights and it gives concrete
expression to our will to defend and extend those rights.
Mr. GEORGE MILLER of California. Mr. Speaker, I am in support of this
legislation to address the issue of international sex trade. I thank
the author, Mr. Smith, for offering this legislation and the Committee
on International Relations for bringing it to the floor for discussion.
The approach of this legislation is admirable. It sets up a process
whereby the United States will motivate other countries to strengthen
their laws with regard to the illegal trafficking of women for sex. It
recognizes that women and children from poorer nations are the primary
targets for the sex trade industry. They are often lured into a scheme
of travel, opportunity, and jobs, only to find themselves as indentured
servants and sex slaves. They are isolated and have no means of escape.
The legislation addresses this issue and provides a mechanism for the
U.S. to withhold non-humanitarian aid to those countries which refuse
to be proactive in their approach to help stop human trafficking from
happening. Foreign countries must meet a minimum criteria to protect
against illegal trafficking and to prosecute those individuals that
profit from this despicable business. Along with providing states and
territories with funding to establish programs designed to assist
victims, H.R. 3422 also allows for victims to seek a change in their
residential status under the Immigration and Nationality Act (INA) so
that they can become permanent residents of the United States while
seeking redress from their abusers.
The problem is this bill will not help the victims of sexual slavery
in the U.S. territory of the Commonwealth of the Northern Mariana
Islands (US/CNMI) where the INA does not apply. Just last month, the
Central Intelligence Agency released a report entitled, International
Trafficking in Women to the United States: A Contemporary Manifestation
of Slavery and Organized Crime. The report identifies the CNMI as a
United States locality used by international criminal organizations to
import women for the sex industry. The US/CNMI is used both as a
transfer point and a point of destination for human smugglers.
Unfortunately, local enforcement of immigration in the
[[Page H2687]]
CNMI has been unable and unwilling to halt this importation of sexual
slaves. In fact, local immigration just permitted the importation of
300 young women from Russia to work in a new casino in the US/CNMI
purportedly as waitresses and public relations staff even though none
of them speak English.
The Republican leadership of this House has consistently refused to
address the human rights abuses in the US/CNMI and now this legislation
neglects to assist its victims. We need to be sure that as we encourage
other countries to address the issue of illegal trafficking of women in
the sex industry that we also make ourselves and our system a model for
countries to look upon. The first and perhaps the easiest step is to
make sure we protect victims of this industry beneath our own flag.
Mr. CONYERS. Mr. Speaker, of all the human rights violations
currently occurring in our world, the trafficking of human beings,
predominantly women and children, has to be one of the most horrific
practices of our time. At its core, the international trade in women
and children is about abduction, coercion, violence and exploitation in
the most reprehensible ways. H.R. 3244 is a modest effort to eradicate
forcible and/or fraudulent trafficking of persons into prostitution or
involuntary servitude. The bill provides some protection for victims
who would otherwise be deportable if identified by law enforcement by
creating a new ``T'' visa category for eligible victims. Unfortunately,
the bill reported out of the Judiciary Committee is much more
restrictive than the bill originally introduced by Representative Chris
Smith and Representative Sam Gejdenson. A compromise bill was
substituted by the Republicans immediately prior to the Judiciary
Committee mark-up to satisfy their unrealistic concerns that the bill
would enable persons to fraudulently obtain a lawful status by claiming
that they were a victim of sex trafficking or involuntary servitude.
In particular, the Committee-reported bill incorporated several
significant restrictions on the availability of visas for victims of
sex trafficking and involuntary servitude. Among other things, the bill
requires that victims establish that their presence is a ``direct
result of trafficking;'' that they did not ``voluntarily agree'' to
such trafficking; that they have a ``a well-founded fear of retribution
involving the infliction of severe harm upon removal from the United
States'' or ``would suffer extreme hardship in connection with the
trafficking upon removal from the United States;'' and limits the
Attorney General's authority to waive grounds of inadmissibility for
trafficking victims. Each one of these requirements represents a marked
departure from the spirit and text of the introduced version of the
legislation, and each has the potential to prevent real victims of the
legislation, and each has the potential to prevent real victims of sex
trafficking and involuntary servitude from receiving refuge from their
tormentors.
Further, the bill unnecessarily caps at 5,000 per year the number of
victims who can receive a nonimmigrant visa and caps at 5,000 per year
the number of victims who can become permanent residents. Because
estimates of the number of trafficking victims entering the United
States are greater than 5,000 per year, we see no reason not to provide
protection to the 5,001st who has been the subject of such terrible
acts.
Not only would the original bill have been more helpful to victims
and their families, I believe that we should be doing far more to
protect not just the victims of sex traffickers and involuntary
servitude but also the victims of other forms of abuse such as battered
immigrants and sweatshop laborers. I hope we have the opportunity to
consider such legislation in the near future.
Finally, I would like to note for the record my understanding of two
somewhat technical issues. First, regarding the phrase in the new ``T''
visa provision that makes visas available to, ``an alien, and the
children and spouse of the alien if accompanying or following to join
the alien, who * * *.'' It is clear that the principal foreign
national who is applying for the visa must meet the criterion for
eligibility which includes proof that he or she is or has been a victim
of a severe form of trafficking and several other requirements. The
possible ambiguity is with respect to whether a child or spouse
accompanying or following to join the principal foreign national also
has to meet those requirements. However, I have been assured that the
intention of the provision is for the child or spouse to receive
derivative benefits from the principal foreign national who is applying
for the visa. The spouse and child do not have to meet the eligibility
requirements themselves.
The bill also would permit trafficking victims who have been here for
three years to become lawful permanent residents of the United States.
This issue concerns the possibility of a misinterpretation in this
provision too. Whereas the new nonimmigrant visa provision applies one
eligibility criterion to ``children'' and another criterion to ``sons
and daughters (who are not children),'' the provision for adjustment of
status only addresses criterion applicable to ``unmarried sons and
daughters.'' In a perfect world, I would have preferred to use the term
``children'' in the adjustment of status context to explicitly state
that ``children are eligible for derivative permanent resident status.
That being said, I accept the sponsors position that in the case of
adjustment of status, derivative status is available to unmarried sons
and daughters, which includes children, of the principal foreign
national.
Mr. HOEFFEL. Mr. Speaker, I rise in support of H.R. 3244, the
Trafficking Victims Protection Act of 2000.
The illegal trafficking of women and children for prostitution and
forced labor is one of the fastest growing criminal enterprises in the
world.
Globally, between 1 and 2 million people are trafficked each year. Of
these, 45,000 to 50,000 are brought to the United States. Some are made
to work in illegal sweatshops, while many more are forced into
prostitution or domestic servitude here in the United States.
There is an increasing need for adequate laws to deter trafficking.
This legislation is meant to combat this modern day form of slavery by
including provisions to punish traffickers and protect its victims.
Specifically, H.R. 3244 would require the Secretary of State to
include informaiton on trafficking in the Annual Country Reports on
Human Rights Practices. This bill would also require the President to
appoint an Interagency Task Force to Monitor and Combat Trafficking and
authorizes the Secretary of State to establish an Office to Monitor and
Combat Trafficking to assist the Task Force.
This bill also has strong enforcement mechanisms. For example, H.R.
3244 would establish minimum standards applicable to those countries
found to have significant trafficking problems to prevent, punish, and
eliminate trafficking. If these countries do not meet the minimum
standards, the President would be authorized to withhold
nonhumanitarian assistance. This legislation would also require the
Secretary of State to publish a list of those believed to be involved
with illegal trafficking and would allow the President to impose
International Emergency Economic Powers Act (IEEPA) sanctions against
any individual on this list.
Mr. Speaker, I urge passage of this important legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Smith) that the House suspend the rules
and pass the bill, H.R. 3244, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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