House Report 106-487 - TRAFFICKING VICTIMS PROTECTION ACT OF 1999

[House Report 106-487]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-487, Part II

=======================================================================

TRAFFICKING VICTIMS PROTECTION ACT OF 2000

_______

April 13, 2000.--Ordered to be printed

_______

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following

R E P O R T

together with

MINORITY VIEWS

[To accompany H.R. 3244]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred 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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.

TABLE OF CONTENTS

Page
The Amendment.............................................. 2
Purpose and Summary........................................ 16
Background and Need for the Legislation.................... 17
Hearings................................................... 19
Committee Consideration.................................... 19
Votes of the Committee..................................... 19
Committee Oversight Findings............................... 20
Committee on Government Reform Findings.................... 21
New Budget Authority and Tax Expenditures.................. 21
Congressional Budget Office Cost Estimate.................. 21
Constitutional Authority Statement......................... 27
Section-by-Section Analysis and Discussion................. 27
Changes in Existing Law Made by the Bill, as Reported...... 28
Minority Views............................................. 40

The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Trafficking
Victims Protection Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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

SEC. 2. PURPOSES AND FINDINGS.

(a) Purposes.--The purposes of this Act are to combat trafficking
in persons, a contemporary manifestation of slavery whose victims are
predominantly women and children, to ensure just and effective
punishment of traffickers, and to protect their victims.
(b) Findings.--The Congress finds that:
(1) Millions of people every year, primarily women or
children, are trafficked within or across international
borders. Approximately 50,000 women and children are trafficked
into the United States each year.
(2) Many of these persons, of whom the overwhelming
majority are women and children, are trafficked into the
international sex trade, often by means of force, fraud, or
coercion. The sex industry has rapidly expanded over the past
several decades. It involves sexual exploitation of persons,
predominantly women and girls, within activities related to
prostitution, pornography, sex tourism, and other commercial
sexual services. The rapid expansion of the sex industry and
the low status of women in many parts of the world have
contributed to a burgeoning of the trafficking industry, of
which sex trafficking by force, fraud, and coercion is a major
component.
(3) Trafficking in persons is not limited to sex
trafficking, but often involves forced labor and other
violations of internationally recognized human rights. The
worldwide trafficking of persons is a growing transnational
crime, migration, economics, labor, public health, and human
rights problem that is significant on nearly every continent.
(4) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, lack of access to
education, chronic unemployment, discrimination, and lack of
viable economic opportunities in countries of origin.
Traffickers lure women and girls into their networks through
false promises of good working conditions at relatively high
pay as nannies, maids, dancers, factory workers, restaurant
workers, sales clerks, or models. Traffickers also buy girls
from poor families and sell them into prostitution or into
various types of forced or bonded labor.
(5) Traffickers often facilitate victims' movement from
their home communities to unfamiliar destinations, away from
family and friends, religious institutions, and other sources
of protection and support, making the victims more vulnerable.
(6) Victims are often forced to engage in sex acts or to
perform labor or other services through physical violence,
including rape and other forms of sexual abuse, torture,
starvation, and imprisonment, through threats of violence, and
through other forms of psychological abuse and coercion.
(7) Trafficking is perpetrated increasingly by organized
and sophisticated criminal enterprises. Trafficking in persons
is the fastest growing source of profits for organized criminal
enterprises worldwide. Profits from the trafficking industry
contribute to the expansion of organized criminal activity in
the United States and around the world. Trafficking often is
aided by official corruption in countries of origin, transit,
and destination, thereby threatening the rule of law.
(8) Traffickers often make representations to their victims
that physical harm may occur to them or to others should the
victim escape or attempt to escape. Such representations can
have the same coercive effects on victims as specific threats
to inflict such harm.
(9) Sex trafficking, when it involves the involuntary
participation of another person in sex acts by means of fraud,
force, or coercion, includes all the elements of the crime of
forcible rape, which is defined by all legal systems as among
the most serious of all crimes.
(10) Sex trafficking also involves frequent and serious
violations of other laws, including labor and immigration codes
and laws against kidnapping, slavery, false imprisonment,
assault, battery, pandering, fraud, and extortion.
(11) Women and children trafficked into the sex industry
are exposed to deadly diseases, including HIV and AIDS.
Trafficking victims are sometimes worked or physically
brutalized to death.
(12) Trafficking in persons substantially affects
interstate and foreign commerce. The United States must take
action to eradicate the substantial burdens on commerce that
result from trafficking in persons and to prevent the channels
of commerce from being used for immoral and injurious purposes.
(13) Trafficking of persons in all its forms is an evil
that calls for concerted and vigorous action by countries of
origin, transit countries, receiving countries, and
international organizations.
(14) Existing legislation and law enforcement in the United
States and in other nations around the world have proved
inadequate to deter trafficking and to bring traffickers to
justice, principally because such legislation and enforcement
do not reflect the gravity of the offenses involved. No
comprehensive law exists in the United States that penalizes
the range of offenses involved in the trafficking scheme.
Instead, even the most brutal instances of forcible sex
trafficking are often punished under laws that also apply to
far less serious offenses such as consensual sexual activity
and illegal immigration, so that traffickers typically escape
severe punishment.
(15) In the United States, the seriousness of the crime of
trafficking in persons is not reflected in current sentencing
guidelines for component crimes of the trafficking scheme,
which results in weak penalties for convicted traffickers.
Adequate services and facilities do not exist to meet the
health care, housing, education, and legal assistance needs for
the safe reintegration of domestic trafficking victims.
(16) In some countries, enforcement against traffickers is
also hindered by official indifference, by corruption, and
sometimes even by active official participation in trafficking.
(17) Because existing laws and law enforcement procedures
often fail to make clear distinctions between victims of
trafficking and persons who have knowingly and willfully
violated laws, and because victims often do not have legal
immigration status in the countries into which they are
trafficked, the victims are often punished more harshly than
the traffickers themselves.
(18) Because victims of trafficking are frequently
unfamiliar with the laws, cultures, and languages of the
countries into which they have been trafficked, and because
they are often subjected to coercion and intimidation including
physical detention, debt bondage, fear of retribution, and fear
of forcible removal to countries in which they will face
retribution or other hardship, these victims often find it
difficult or impossible to report the crimes committed against
them or to assist in the investigation and prosecution of such
crimes.
(19) The United States and the international community are
in agreement that trafficking in persons often involves grave
violations of human rights and is a matter of pressing
international concern. The Universal Declaration of Human
Rights; the Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery; the International Covenant on Civil and
Political Rights; the Convention on the Elimination of All
Forms of Discrimination Against Women; the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and other relevant instruments condemn slavery and
involuntary servitude, violence against women, and other
components of the trafficking scheme.
(20) The Universal Declaration of Human Rights recognizes
the right to be free from slavery and involuntary servitude,
arbitrary detention, degrading or inhuman treatment, and
arbitrary interference with privacy or the family, as well as
the right to protection by law against these abuses.
(21) The United Nations General Assembly has passed three
resolutions during the last three years (50/167, 51/66, and 52/
98) recognizing that the international traffic in women and
girls, particularly for purposes of forced prostitution, is a
matter of pressing international concern involving numerous
violations of fundamental human rights. The resolutions call
upon governments of receiving countries as well as countries of
origin to strengthen their laws against such practices, to
intensify their efforts to enforce such laws, and to ensure the
full protection, treatment, and rehabilitation of women and
children who are victims of trafficking.
(22) The Final Report of the Word Congress against Sexual
Exploitation of Children, held in Stockholm, Sweden in August
1996, recognized that international sex trafficking is a
principal cause of increased exploitation and degradation of
children.
(23) The Fourth World Conference of Women (Bejing
Conference) called on all governments to take measures,
including legislative measures, to provide better protection of
the rights of women and girls who are victims of trafficking,
to address the root factors that put women and girls at risk to
traffickers, and to take measures to dismantle the national,
regional, and international networks on trafficking.
(24) In the 1991 Moscow Document of the Organization for
Security and Co-operation in Europe, participating states
including the United States agreed to ``seek to eliminate all
forms of violence against women, and all forms of traffic in
women and exploitation of prostitution of women including by
ensuring adequate legal prohibitions against such acts and
other appropriate measures.''
(25) Numerous treaties to which the United States is a
party address government obligations to combat trafficking,
including such treaties as the 1956 Supplementary Convention on
the Abolition of Slavery, the Slave Trade and Institutions and
Practices Similar to Slavery, which calls for the complete
abolition of debt bondage and servile forms of marriage, and
the 1957 Abolition of Forced Labor Convention, which undertakes
to suppress and requires signatories not to make use of any
forced or compulsory labor.
(26) Trafficking in persons is a transnational crime with
national implications. In order to deter international
trafficking and to bring its perpetrators to justice, nations
including the United States must recognize that trafficking is
a serious offense and must act on this recognition by
prescribing appropriate punishment, by giving the highest
priority to investigation and prosecution of trafficking
offenses, and by protecting rather than punishing the victims
of such offenses. The United States must work bilaterally and
multilaterally to abolish the trafficking industry and take
steps to promote and facilitate cooperation among countries
linked together by international trafficking routes. The United
States must also urge the international community to take
strong action in multilateral fora to engage recalcitrant
countries in serious and sustained efforts to eliminate
trafficking and protect trafficking victims.

SEC. 3. DEFINITIONS.

For the purposes of this Act:
(1) The term ``sex trafficking'' means the purchase, sale,
recruitment, harboring, transportation, transfer or receipt of
a person for the purpose of a commercial sex act.
(2) The term ``severe forms of trafficking in persons''
means--
(A) sex trafficking in which either a commercial
sex act or any act or event contributing to such act is
effected or induced by force, coercion, fraud, or
deception, or in which the person induced to perform
such act has not attained the age of 18 years; and
(B) the purchase, sale, recruitment, harboring,
transportation, transfer or receipt of a person for the
purpose of subjection to involuntary servitude,
peonage, or slavery or slavery-like practices which is
effected by force, coercion, fraud, or deception.
(3) The term ``slavery-like practices'' means inducement of
a person to perform labor or other services by force, by
coercion, or by any scheme, plan, or pattern to cause the
person to believe that failure to perform the work will result
in the infliction of serious harm, debt bondage in which labor
or services are pledged for debt on terms calculated never to
allow full payment of the debt or otherwise amounting to
indentured servitude for life or for an indefinite period, or
subjection of the person to conditions so harsh or degrading as
to provide a clear indication that the person has been
subjected to them by force, fraud, or coercion.
(4) The term ``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) The term ``act of a severe form of trafficking in
persons'' means any act at any point in the process of a severe
form of trafficking in persons, including 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) The terms ``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) The term ``commercial sex act'' means a sex act on
account of which anything of value is given to or received by
any person.
(8) The term ``minimum standards for the elimination of
trafficking'' means the standards set forth in section 8.
(9) The term ``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) The term ``nonhumanitarian foreign assistance''
means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter 2
of part I of that Act, relating to the Overseas Private
Investment Corporation), other than--
(i) assistance under chapter 8 of part I of
that Act;
(ii) any other narcotics-related assistance
under part I of that Act or under chapter 4 or
5 of part II of that Act, but any such
assistance provided under this clause shall be
subject to the prior notification procedures
applicable to reprogrammings pursuant to
section 634A of that Act;
(iii) disaster relief assistance, including
any assistance under chapter 9 of part I of
that Act;
(iv) antiterrorism assistance under chapter
8 of part II of that Act;
(v) assistance which involves the provision
of food (including monetization of food) or
medicine;
(vi) assistance for refugees; and
(vii) humanitarian and other development
assistance in support of programs of
nongovernmental organizations under chapters 1
and 10 of that Act;
(B) sales, or financing on any terms, under the
Arms Export Control Act, other than sales or financing
provided for narcotics-related purposes following
notification in accordance with the prior notification
procedures applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of 1961; and
(C) financing under the Export-Import Bank Act of
1945.

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

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

SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

(a) Establishment.--The President shall establish an Interagency
Task Force to Monitor and Combat Trafficking (in this section referred
to as the ``Task Force'').
(b) Appointment.--The President shall appoint the members of the
Task Force, which shall include the Secretary of State, the Director of
the Agency for International Development, the Attorney General, the
Secretary of Labor, the Secretary of Health and Human Services, the
Director of the Central Intelligence Agency, and such other officials
as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the Secretary of
State.
(d) Support for the Task Force.--The Secretary of State is
authorized to establish within the Department of State an Office to
Monitor and Combat Trafficking, which shall provide assistance to the
Task Force. Any such Office shall be administered by a Director. The
Director shall have the primary responsibility for assisting the
Secretary of State in carrying out the purposes of this Act and may
have additional responsibilities as determined by the Secretary. The
Director shall consult with domestic, international nongovernmental and
intergovernmental organizations, and with trafficking victims or other
affected persons. The Director shall have the authority to take
evidence in public hearings or by other means. The Office is authorized
to retain staff members from agencies represented on the Task Force.
(e) Activities of the Task Force.--In consultation with
nongovernmental organizations, the Task Force shall carry out the
following activities:
(1) Coordinate the implementation of this Act.
(2) Measure and evaluate progress of the United States and
countries around the world in the areas of trafficking
prevention, protection and assistance to victims of
trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in
facilitating trafficking.
(3) Expand interagency procedures to collect and organize
data, including significant research and resource information
on domestic and international trafficking. Any data collection
procedures established under this subsection shall respect the
confidentiality of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among
countries of origin, transit, and destination. Such efforts
shall aim to strengthen local and regional capacities to
prevent trafficking, prosecute traffickers and assist
trafficking victims, and shall include initiatives to enhance
cooperative efforts between destination countries and countries
of origin and assist in the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the international ``sex tourism''
industry in the trafficking of women and children and in the
sexual exploitation of women and children around the world and
make recommendations on appropriate measures to combat this
industry.

SEC. 6. PREVENTION OF TRAFFICKING.

(a) Economic Alternatives To Prevent and Deter Trafficking.--The
President, acting through the Administrator of the United States Agency
for International Development and the heads of other appropriate
agencies, shall establish and carry out initiatives to enhance economic
opportunity for potential victims of trafficking as a method to deter
trafficking. Such initiatives may include--
(1) microcredit lending programs, training in business
development, skills training, and job counseling;
(2) programs to promote women's participation in economic
decision making;
(3) programs to keep children, especially girls, in
elementary and secondary schools;
(4) development of educational curricula regarding the
dangers of trafficking; and
(5) grants to nongovernmental organizations to accelerate
and advance the political, economic, social, and educational
roles and capacities of women in their countries.
(b) Public Awareness and Information.--The President, acting
through the Secretary of Labor, the Secretary of Health and Human
Services, the Attorney General, and the Secretary of State, shall
establish and carry out programs to increase public awareness,
particularly among potential victims of trafficking, of the dangers of
trafficking and the protections that are available for victims of
trafficking.
(c) Consultation Requirement.--The President shall consult with
appropriate nongovernmental organizations with respect to the
establishment and conduct of initiatives described in subsection (a).

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

(a) Assistance for Victims in Other Countries.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development, in consultation with appropriate nongovernmental
organizations, shall establish and carry out programs and
initiatives in foreign countries to assist in the safe
integration, reintegration, or resettlement, as appropriate, of
victims of trafficking and their children. Such programs and
initiatives shall be designed to meet the mental and physical
health, housing, legal, and other assistance needs of such
victims and their children, as identified by the Inter-Agency
Task Force to Monitor and Combat Trafficking established under
section 4.
(2) Additional requirement.--In establishing and conducting
programs and initiatives described in paragraph (1), the
Secretary of State and the Administrator of the United States
Agency for International Development shall take all appropriate
steps to enhance cooperative efforts among foreign countries,
including countries of origin of victims of trafficking, to
assist in the integration, reintegration, or resettlement, as
appropriate, of victims of trafficking including stateless
victims.
(b) Victims in the United States.--
(1) Assistance.--Subject to the availability of
appropriations and notwithstanding title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
the Attorney General, the Secretary of Health and Human
Services, the Secretary of Labor, and the Board of Directors of
the Legal Services Corporation shall expand existing services
to provide assistance to victims of severe forms of trafficking
in persons within the United States, without regard to the
immigration status of such victims.
(2) Benefits.--Subject to the availability of
appropriations and notwithstanding any other provision of law,
victims of severe forms of trafficking in persons in the United
States shall be eligible, without regard to their immigration
status, for any benefits that are otherwise available under the
Crime Victims Fund, established under the Victims of Crime Act
of 1984, including victims' services, compensation, and
assistance.
(3) Grants.--
(A) Subject to the availability of appropriations,
the Attorney General may make grants to States,
territories, and possessions of the United States
(including the Commonwealths of Puerto Rico and the
Northern Mariana Islands), Indian tribes, units of
local government, and nonprofit, nongovernmental
victims' service organizations to develop, expand, or
strengthen victim service programs for victims of
trafficking.
(B) To receive a grant under this paragraph, an
eligible unit of government or organization shall
certify that its laws, policies, and practices, as
appropriate, do not punish or deny services to victims
of severe forms of trafficking in persons on account of
the nature of their employment or services performed in
connection with such trafficking.
(C) Of amounts made available for grants under this
paragraph, there shall be set aside 3 percent for
research, evaluation and statistics; 2 percent for
training and technical assistance; and 1 percent for
management and administration.
(D) The Federal share of a grant made under this
paragraph may not exceed 75 percent of the total costs
of the projects described in the application submitted.
(4) Civil action.--An individual who is a victim of a
violation of section 1589 or section 1589A of title 18, United
States Code, regarding trafficking may bring a civil action in
United States district court. The court may award actual
damages, punitive damages, reasonable attorneys' fees, and
other litigation costs reasonably incurred.
(c) Trafficking Victim Regulations.--Not later than 180 days after
the date of enactment of this Act, the Attorney General and the
Secretary of State shall promulgate regulations for law enforcement
personnel, immigration officials, and Department of State officials to
implement the following:
(1) Victims of severe forms of trafficking, while in the
custody of the Federal Government and to the extent
practicable, shall be housed in appropriate shelter as quickly
as possible; receive prompt medical care, food, and other
assistance; and be provided protection if a victim's safety is
at risk or if there is danger of additional harm by recapture
of the victim by a trafficker.
(2) Victims of severe forms of trafficking shall not be
jailed, fined, or otherwise penalized due to having been
trafficked, but the authority of the Attorney General under the
Immigration and Nationality Act to detain aliens shall not be
curtailed by any regulation promulgated to implement this
paragraph.
(3) Victims of severe forms of trafficking shall have
access to legal assistance, information about their rights, and
translation services.
(4) Federal law enforcement officials shall act to ensure
an alien's continued presence in the United States, if after an
assessment, it is determined that such alien is a victim of a
severe form of trafficking in persons, or a material witness to
such trafficking, in order to effectuate prosecution of those
responsible and to further the humanitarian interests of the
United States. Such officials, in investigating and prosecuting
persons engaging in such trafficking, shall take into
consideration the safety and integrity of such victims, but the
authority of the Attorney General under the Immigration and
Nationality Act to detain aliens shall not be curtailed by any
regulation promulgated to implement this paragraph.
(5) Appropriate personnel of the Department of State and
the Department of Justice are trained in identifying victims of
severe forms of trafficking and providing for the protection of
such victims. Training under this paragraph should include
methods for achieving antitrafficking objectives through the
nondiscriminatory application of immigration and other related
laws.
(d) Construction.--Nothing in subsection (c) shall be construed as
creating any private cause of action against the United States or its
offices or employees.
(e) Funding.--Funds from asset forfeiture under section 1592 of
title 18, United States Code, are authorized to be available in equal
amounts for the purposes of subsections (a) and (b) and shall remain
available for obligation until expended.
(f) Protection From Removal for Certain Victims of Trafficking.--
(1) Nonimmigrant classification for certain victims of
trafficking.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) by striking ``or'' at the end of subparagraph
(R);
(B) by striking the period at the end of
subparagraph (S) and inserting ``; or''; and
(C) by adding at the end the following:
``(T) subject to section 214(n), an alien, and the 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 spouse, and sons and daughters (who
are not children), of any such alien (and the parents of any
such alien, in the case of an alien under 21 years of age) if
accompanying or following to join the alien.''.
(2) Conditions on nonimmigrant status.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(1) by redesignating the subsection (l) added by section
625(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
1820) as subsection (m); and
(2) by adding at the end the following:
``(n)(1) No alien shall be eligible for admission to the United
States under section 101(a)(15)(T) if there is substantial reason to
believe that the alien has committed an act of a severe form of
trafficking in persons (as defined in section 3 of the Trafficking
Victims Protection Act of 2000).
``(2) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year under
section 101(a)(15)(T) may not exceed 5,000.
``(3) The numerical limitation of paragraph (2) shall only apply to
principal aliens and not to the spouses, sons, daughters, or parents of
such aliens.
``(4) Aliens who are subject to the numerical limitation of
paragraph (2) shall be issued visas (or otherwise provided nonimmigrant
status) in the order in which petitions are filed for such visas or
status.''.
(3) Waiver of grounds for ineligibility for admission.--
Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by adding at the end the following:
``(13)(A) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 101(a)(15)(T).
``(B) In addition to any other waiver that may be available under
this section, in the case of a nonimmigrant described in section
101(a)(15)(T), if the Attorney General considers it to be in the
national interest to do so, the Attorney General, in the Attorney
General's discretion, may waive the application of--
``(i) paragraphs (1) and (4) of subsection (a); and
``(ii) any other provision of such subsection (excluding
paragraphs (3), (10)(C), and (10(E)) if the activities
rendering the alien inadmissible under the provision were
caused by, or were incident to, the victimization described in
section 101(a)(15)(T)(i).
``(C) Nothing in this paragraph shall be regarded as prohibiting
the Attorney General from instituting removal proceedings against an
alien admitted as a nonimmigrant under section 101(a)(15)(T) for
conduct committed after the alien's admission into the United States,
or for conduct or a condition that was not disclosed to the Attorney
General prior to the alien's admission as a nonimmigrant under section
101(a)(15)(T).''.
(4) Adjustment to permanent resident status.--Section 245
of the Immigration and Nationality Act (8 U.S.C. 1255) is
amended by adding at the end the following:
``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant
admitted into the United States under section 101(a)(15)(T)--
``(A) has been physically present in the United States for
a continuous period of at least 3 years since the date of such
admission;
``(B) has, throughout such period, been a person of good
moral character;
``(C) has, during such period, complied with any reasonable
request for assistance in the investigation or prosecution of
severe forms of trafficking in persons; and
``(D)(i) has a well-founded fear of retribution involving
the infliction of severe harm upon removal from the United
States; or
``(ii) would suffer extreme hardship in connection with the
victimization described in section 101(a)(15)(T)(i) upon
removal from the United States;
the Attorney General may adjust the status of the alien (and the
spouse, parents, married and unmarried sons and daughters of the alien
if admitted under such section) to that of an alien lawfully admitted
for permanent residence.
``(2) Paragraph (1) shall not apply to an alien admitted under
section 101(a)(15)(T) who is inadmissible to the United States by
reason of a ground that has not been waived under section 212, except
that, if the Attorney General considers it to be in the national
interest to do so, the Attorney General, in the Attorney General's
discretion, may waive the application of--
``(A) paragraphs (1) and (4) of section 212(a); and
``(B) any other provision of such section (excluding
paragraphs (3), (10)(C), and (10(E)), if the activities
rendering the alien inadmissible under the provision were
caused by, or were incident to, the victimization described in
section 101(a)(15)(T)(i).
``(3) An alien shall be considered to have failed to maintain
continuous physical presence in the United States for purposes of
paragraph (1)(A) if the alien has departed from the United States for
any period in excess of 90 days or for any periods in the aggregate
exceeding 180 days.
``(4)(A) The total number of aliens whose status may be adjusted
under paragraph (1) during any fiscal year may not exceed 5,000.
``(B) The numerical limitation of subparagraph (A) shall only apply
to principal aliens and not to the spouses, sons, daughters, or parents
of such aliens.
``(C) Aliens who are subject to the numerical limitation of
subparagraph (A) shall have their status adjusted in the order in which
applications are filed for such adjustment.
``(D) Upon the approval of adjustment of status under paragraph
(1)--
``(i) the Attorney General shall record the alien's lawful
admission for permanent residence as of the date of such
approval; and
``(ii) the Secretary of State shall not be required to
reduce the number of immigrant visas authorized to be issued
under this Act for any fiscal year.''.

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

(a) Minimum Standards.--Minimum standards for the elimination of
trafficking for a country that is a country of origin, of transit, or
of destination for a significant number of victims are as follows:
(1) The country should prohibit severe forms of trafficking
in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex
trafficking involving fraud, force, or coercion or in which the
victim of sex trafficking is a child incapable of giving
meaningful consent, or of trafficking which includes rape or
kidnapping or which causes a death, the country should
prescribe punishment commensurate with that for the most
serious crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form
of trafficking in persons, the country should prescribe
punishment which is sufficiently stringent to deter and which
adequately reflects the heinous nature of the offense.
(4) The country should make serious and sustained efforts
to eliminate severe forms of trafficking in persons.
(b) Criteria.--In determinations under subsection (a)(3) the
following factors should be considered:
(1) Whether the country vigorously investigates and
prosecutes acts of severe forms of trafficking in persons that
take place wholly or partly within the territory of the
country.
(2) Whether the country cooperates with other countries in
the investigation and prosecution of severe forms of
trafficking in persons.
(3) Whether the country extradites persons charged with
acts of severe forms of trafficking in persons on the same
terms and to the same extent as persons charged with other
serious crimes.
(4) Whether the country monitors immigration and emigration
patterns for evidence of severe forms of trafficking in persons
and whether law enforcement agencies of the country respond to
any such evidence in a manner which is consistent with the
vigorous investigation and prosecution of acts of such
traffick-

ing, as well as with the protection of victims and the
internationally recognized human right to travel.
(5) Whether the country protects victims of severe forms of
trafficking in persons and encourages their assistance in the
investigation and prosecution of such trafficking, including
provision for legal alternatives to their removal to countries
in which they would face retribution or other hardship.
(6) Whether the country vigorously investigates and
prosecutes public officials who participate in or facilitate
severe forms of trafficking in persons, and takes all
appropriate measures against officials who condone such
trafficking.

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

The Secretary of State and the Director of the Agency for
International Development are authorized to provide assistance to
foreign countries for programs and activities designed to meet the
minimum international standards for the elimination of trafficking,
including drafting of legislation to prohibit and punish acts of
trafficking, investigation and prosecution of traffickers, and
facilities, programs, and activities for the protection of victims.

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

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

SEC. 11. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

(a) Authority To Sanction Significant Traffickers in Persons.--
(1) In general.--The President may exercise IEEPA
authorities (other than authorities relating to importation)
without regard to section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) in the case of any foreign
person who is on the list described in subsection (b).
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) apply to violations of any license, order, or regulation
issued under this clause (i).
(3) IEEPA authorities.--For purposes of clause (i), the
term ``IEEPA authorities'' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(a)).
(b) List of Traffickers of Persons.--
(1) Compiling list of traffickers in persons.--The
Secretary of State is authorized to compile a list of the
following persons:
(A) any foreign person that plays a significant
role in a severe form of trafficking in persons,
directly or indirectly in the United States or any of
its territories or possessions;
(B) foreign persons who materially assist in, or
provide financial or technological support for or to,
or providing goods or services in support of,
activities of a significant foreign trafficker in
persons identified pursuant to subparagraph (A); and
(C) foreign persons that are owned, controlled, or
directed by, or acting for or on behalf of, a
significant foreign trafficker so identified pursuant
to subparagraph (A).
(2) Revisions to list.--The Secretary of State shall make
additions or deletions to any list published under paragraph
(1) on an ongoing basis based on the latest information
available.
(3) Consultation.--The Secretary of State shall consult
with the following officers in carrying out paragraphs (1) and
(2).
(A) the Attorney General;
(B) the Director of Central Intelligence;
(C) the Director of the Federal Bureau of
Investigation;
(D) the Secretary of Labor; and
(E) the Secretary of Health and Human Services.
(4) Publication of list.--Upon compiling the list referred
to in paragraph (1) and within 30 days of any revisions to such
list, the Secretary of State shall submit the list or revisions
to such list to the Committees on the International Relations
and Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives; and to the
Committees on the Foreign Relations and the Select Committee on
Intelligence of the Senate; and publish the list or revisions
to such list in the Federal Register.
(c) Report to Congress on Identification and Sanctioning of
Significant Traffickers in Persons.--Upon exercising the authority of
subsection (a), the President shall report to the Committees on the
International Relations and Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives; and to the
Committees on the Foreign Relations and the Select Committee on
Intelligence of the Senate--
(1) identifying publicly the foreign persons that the
President determines are appropriate for sanctions pursuant to
this section; and
(2) detailing publicly the sanctions imposed pursuant to
this section.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, the list and report described in subsections (b)
and (c) shall not disclose the identity of any person, if the
Director of Central Intelligence determines that such
disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, the list and report described in subsections
(b) and (c) shall not disclose the name of any person if the
Attorney General, in coordination as appropriate with the
Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, and the
Secretary of the Treasury, determines that such disclosure
could reasonably be expected to--
(A) compromise the identity of a confidential
source, including a State, local, or foreign agency or
authority or any private institution that furnished
information on a confidential basis;
(B) jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) endanger the life or physical safety of any
person; or
(D) cause substantial harm to physical property.
(3) Notification required.--(A) Whenever either the
Director of Central Intelligence or the Attorney General makes
a determination under this subsection, the Director of Central
Intelligence or the Attorney General shall notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, and explain the reasons for such determination.
(B) The notification required under this paragraph shall be
submitted to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate not later than July 1, 2000, and on
an annual basis thereafter.
(e) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section prohibits or otherwise limits the authorized
law enforcement or intelligence activities of the United States, or the
law enforcement activities of any State or subdivision thereof.
(f) Exclusion of Persons Who Have Benefited From Illicit Activities
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(H) Traffickers in persons.--Any alien who--
``(i) is a foreign person (as defined in
section 11(h) of the Trafficking Victims
Protection Act of 2000) on the most recent list
compiled under section 11(b) of such Act;
``(ii) 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 an alien
described in clause (i) in severe forms of
trafficking in persons (as defined in section 3
of such Act); or
``(iii) the consular officer or the
Attorney General knows or has reason to
believe--
``(I) is the spouse, son, or
daughter of an alien inadmissible under
clause (i) or (ii);
``(II) has, within the previous 5
years, obtained any financial or other
benefit from the illicit activity of
such alien that is described in such
clause; and
``(III) knew or reasonably should
have known that the financial or other
benefit was the product of such illicit
activity;
is inadmissible.''.
(g) Implementation.--The Secretary of State, the Attorney General,
and the Secretary of Treasury are authorized to take such actions as
may be necessary to carry out this section, including promulgating
rules and regulations permitted under this Act.
(h) Definition of Foreign Persons.--As used in this section, the
term ``foreign person'' means any citizen or national of a foreign
state or any entity not organized under the laws of the United States,
including a foreign government official, but does not include a foreign
state.

SEC. 12. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

(a) Title 18 Amendments.--Chapter 77 of title 18, United States
Code, is amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ``10 years'' and inserting ``20
years'';
(B) by adding at the end the following: ``If, in
addition to the foregoing elements, death results from
a violation of this section, or if such violation
includes kidnapping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit aggravated sexual
abuse, or an attempt to kill, the defendant shall be
fined under this title or imprisoned for any term of
years or life, or both.'';
(2) by inserting at the end the following:

``Sec. 1589. Trafficking into involuntary servitude, peonage, or
slavery-like conditions

``(a) Whoever recruits, harbors, provides, transports, employs,
purchases, sells, or secures, by any means, any person, knowing or
having reason to know that the person is or will be subjected to
involuntary servitude or peonage or to slavery-like conditions as
described in subsection (b) of this section, or in any way, financially
or otherwise, knowingly benefits from, or makes use of, the labor or
services of a person subjected to a condition of involuntary servitude
or peonage, shall be fined under this title or imprisoned not more than
20 years, or both; and if, in addition to the foregoing elements, death
results from an act committed in violation of this section, or if such
act includes kidnapping or an attempt to kidnap, aggravated sexual
abuse or the attempt to commit aggravated sexual abuse, or an attempt
to kill, shall be fined under this title or imprisoned for any term of
years or life, or both.
``(b) As used in this section, the term `slavery-like conditions'
means that the labor or services of a person are obtained or maintained
through any scheme or artifice to defraud, or by means of any plan or
pattern, including but not limited to false and fraudulent pretense and
misrepresentations, such that the person reasonably believes that if he
did not perform the labor or services serious harm would be inflicted
on himself or on another person.
``(c) This section does not apply to labor performed as a
punishment for a crime whereof the party shall have been duly
convicted.

``Sec. 1589A. Sex trafficking of children or by force, fraud, or
coercion

``(a) In General.--Whoever--
``(1) recruits, entices, harbors, purchases, sells,
transports, or transfers a person, or
``(2) owns, manages, operates, or shares in the proceeds of
an enterprise in which a person has been recruited, enticed,
harbored, purchased, sold, transported, or transferred,
knowing or having reason to know that the person will be caused
by force, fraud, or coercion to engage in a commercial sex act,
or that the person has not attained the age of 18 years and
will be caused or expected to engage in a commercial sexual
act, shall be punished as provided in subsection (b).
``(b) Punishment.--The punishment for an offense under subsection
(a) is--
``(1) if the offense was effected by fraud, force, or
coercion, or if the person transported had not attained the age
of 14 years at the time of such offense, by a fine under this
title or imprisonment for any term of years or for life, or
both; or
``(2) if the offense was not effected by fraud, force, or
coercion, and the person transported had attained the age of 14
years but had not attained the age of 18 years at the time of
such offense, by a fine under this title or imprisonment for
not more than 20 years, or both.
``(c) Definition of Commercial Sexual Act.--In this section, the
term `commercial sexual act' means any sexual act, on account of which
anything of value is given to or received by any person, and--
``(1) which takes place in the United States;
``(2) which affects United States foreign commerce; or
``(3) in which either the person caused or expected to
participate in the act or the person committing the violation
is a United States citizen or an alien admitted for permanent
residence in the United States.

``Sec. 1590. Unlawful possession of documents in furtherance of
trafficking, involuntary servitude, or peonage

``(a) Whoever destroys, conceals, removes, confiscates, or
possesses any identification, passport, or other immigration documents,
or any other documentation of another person--
``(1) in the course of, or under circumstances which
facilitate a violation of section 1581, 1583, 1584, 1589, or
1589A or a conspiracy or attempt to commit such a violation; or
``(2) to conceal or impair the investigation or prosecution
of a violation of any section described in paragraph (1); or
``(3) to prevent or restrict, without lawful authority, the
person's liberty to move or travel in interstate or foreign
commerce,
shall be fined under this title or imprisoned for not more than
5 years, or both.

``Sec. 1591. Mandatory restitution

``(a) Notwithstanding sections 3663 or 3663A, and in addition to
any other civil or criminal penalties authorized by law, the court
shall order restitution for any offense under this chapter.
``(b)(1) The order of restitution under this section shall direct
the defendant to pay the victim (through the appropriate court
mechanism) the full amount of the victims losses, as determined by the
court under paragraph (3) of this subsection.
``(2) An order of restitution under this section shall be issued
and enforced in accordance with section 3664 in the same manner as an
order under section 3663A.
``(3) As used in this subsection, the term `full amount of the
victim's losses' has the same meaning as provide in section 2259(b)(3)
and shall in addition include the greater of the gross income or value
to the defendant of the victim's services or labor or the value of the
victim's labor as guaranteed under the minimum wage and overtime
guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
``(c) As used in this section, the term `victim' means the
individual harmed as a result of a crime under this chapter, including,
in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or a
representative of the victim's estate, or another family member, or any
other person appointed as suitable by the court, but in no event shall
the defendant be named such representative or guardian.

``Sec. 1592. General provisions

``(a) In a prosecution under sections 1581, 1583, 1584, or 1589, a
condition of involuntary servitude or peonage may be established by
proof that the defendant obtained or maintained the labor or service of
any person--
``(1) by the use, or threatened use, of force, violence,
physical restraint, or physical injury, or by extortion or the
abuse of threatened abuse of law or the legal process;
``(2) through representations made to any person that
physical harm may occur to that person, or to another, in an
effort to wrongfully obtain or maintain the labor or services
of that person; or
``(3) by the use of fraud, deceit, or misrepresentation
toward any person in an effort to wrongfully obtain or maintain
the labor or services of that person, where the person is a
minor, one who is mentally disabled, or one who is otherwise
particularly susceptible to coercion.
``(b) An attempt or conspiracy to violate sections 1581, 1583,
1584, 1589, or 1589A shall be punishable in the same manner as a
completed violation of each of these sections, respectively.
``(c)(1) The court, in imposing sentence on any person convicted of
a violation of this chapter, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person shall forfeit to the United States--
``(A) such person's interest in any property, real or
personal, that was used or intended to be used to commit or to
facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or
derived from, any proceeds that such person obtained, directly
or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any administrative or judicial
proceeding in relation thereto, shall be governed by the provisions of
section 413 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853), except subsection (d) of that section.
``(d)(1) The following shall be subject to forfeiture to the United
States and no property right shall exist in them--
``(A) any property, real or personal, used or intended to
be used to commit or to facilitate the commission of any
violation of this chapter; and
``(B) any property, real or personal, which constitutes or
is derived from proceeds traceable to any violation of this
chapter.
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.
``(e) Witness Protection.--Any violation of this chapter shall be
considered an organized criminal activity or other serious offense for
the purposes of application of chapter 224 (relating to witness
protection).''; and
(3) by amending the table of sections at the beginning of
chapter 77 by adding at the end the following new items:

``1589. Trafficking into involuntary servitude, peonage, or slavery-
like conditions.
``1589A. Sex trafficking of children or by force, fraud, or coercion.
``1590. Unlawful possession of documents in furtherance of trafficking
involuntary servitude, or peonage.
``1591. Mandatory restitution.
``1592. General provisions.''.
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of title
28, United States Code, and in accordance with this section,
the United States Sentencing Commission shall review and, if
appropriate, amend the sentencing guidelines and policy
statements applicable to persons convicted of offenses
involving the trafficking of persons including component or
related crimes of peonage, involuntary servitude, slave trade
offenses, and possession, transfer or sale of false immigration
documents in furtherance of trafficking, and the Fair Labor
Standards Act and the Migrant and Seasonal Agricultural Worker
Protection Act.
(2) In carrying out this subsection, the Sentencing
Commission shall--
(A) take all appropriate measures to ensure that
these sentencing guidelines and policy statements
applicable to the offenses described in paragraph (1)
of this subsection are sufficiently stringent to deter
and adequately reflect the heinous nature of such
offenses;
(B) consider conforming the sentencing guidelines
applicable to offenses involving trafficking in persons
to the guidelines applicable to peonage, involuntary
servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for
those convicted of the offenses described in paragraph
(1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and
flagrant violations;
(iii) involve the use or threatened use of
a dangerous weapon; or
(iv) result in the death or bodily injury
of any person.
(3) The Commission may promulgate the guidelines or
amendments under this subsection in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of
1987, as though the authority under that Act had not expired.
(c) Racketeering.--Section 1961(1) of title 18, United States Code,
is amended by inserting ``section 1589 (relating to trafficking into
involuntary servitude, peonage, or slavery-like conditions), section
1589A (relating to sex trafficking of children or by force, fraud, or
coercion),'' after ``murder-for-hire),''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations for the Interagency Task
Force.--To carry out the purposes of section 5, there are authorized to
be appropriated to the Secretary of State $1,500,000 for fiscal year
2000 and $3,000,000 for fiscal year 2001.
(b) Authorization of Appropriations to the Secretary of Health and
Human Services.--To carry out the purposes of section 7(b) there are
authorized to be appropriated to the Secretary of Health and Human
Services $5,000,000 for fiscal year 2000 and $10,000,000 for fiscal
year 2001.
(c) Authorization of Appropriations to the Secretary of State.--To
carry out the purposes of section 7(a) there are authorized to be
appropriated to the Secretary of State $5,000,000 for fiscal year 2000
and $10,000,000 for fiscal year 2001.
(d) Authorization of Appropriations to Attorney General.--To carry
out the purposes of section 7(b) there are authorized to be
appropriated to the Attorney General $5,000,000 for fiscal year 2000
and $10,000,000 for fiscal year 2001.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the purposes
of section 6 there are authorized to be appropriated to the
President $5,000,000 for fiscal year 2000 and $10,000,000 for
fiscal year 2001.
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 9 there are
authorized to be appropriated to the President $5,000,000 for
fiscal year 2000 and $10,000,000 for fiscal year 2001.
(f) Authorization of Appropriations to the Secretary of Labor.--To
carry out the purposes of section 7(b) there are authorized to be
appropriated to the Secretary of Labor $5,000,000 for fiscal year 2000
and $10,000,000 for fiscal year 2001.

Purpose and Summary

H.R. 3244, the Trafficking Victims Protection Act, is
intended to prevent trafficking in persons, to ensure
punishment of traffickers, and to protect their victims. It
creates an interagency task force to monitor and combat
trafficking. It also requires initiatives to enhance economic
opportunity for potential trafficking victims abroad as a
method to deter trafficking. H.R. 3244 provides protection and
assistance for trafficking victims both inside the United
States and abroad. It sets minimum standards for countries to
eliminate trafficking, provides assistance to foreign countries
which meet the minimum standards, and sets policy to withhold
assistance from governments failing to meet those standards.
Finally, it strengthens prosecution and punishment of
traffickers.
The immigration provisions and criminal penalty provisions
of the bill are the only provisions within the jurisdiction of
the Committee on the Judiciary. The immigration provisions, as
amended by the committee, are intended to protect certain
trafficking victims and their immediate family members in the
United States and to effectuate prosecution of the victims'
traffickers.

Background and Need for the Legislation

Background

Trafficking of persons has recently become a growing
phenomenon within and across international borders, including
the United States. Many trafficked persons are forced into the
sex industry. 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.
Trafficking of persons also involves forced labor,
involuntary servitude, or slavery. Many trafficked persons are
induced to perform labor or other services by force or the
threat of force.

Trafficking of Persons and Immigration

When trafficked persons are brought to the United States,
they are often deportable for having entered illegally. Many
are smuggled into the country. Others obtain visas under false
pretenses, use fraudulent passports, or overstay their visas.
Once placed in the sex trade or forced labor, the victims'
traffickers control them through threats. The victims are told
that if they escape or go to law enforcement authorities, they
will be deported. Of those victims who do give information to
the authorities, some claim they cannot return to their home
country for fear of retribution at the hands of their
traffickers.

The Bill

Each year, tens of thousands of aliens pay smugglers to be
brought to the United States. Once here, they must work long
hours to pay off their smuggling debts of tens of thousands of
dollars. It is not the committee's intent that such people
receive the new nonimmigrant ``T'' visa created by H.R. 3244 or
the permanent residence provided by the bill. Otherwise, this
bill would become a general amnesty for aliens who, we must
remember, voluntarily sought out smugglers to bring them
illegally to the United States. Additionally, the bill would
actually encourage alien smuggling by providing the expectation
of eventual amnesty.
Accordingly, to be eligible for a ``T'' visa, H.R. 3244
requires that a trafficking victim show that he or she was
induced to participate in the commercial sex act or condition
of involuntary servitude, peonage, or slavery or slavery-like
practices by force, coercion, fraud or deception. The alien
will not be eligible for the visa if the alien knew that, after
being voluntarily smuggled here, he or she would be subjected
to involuntary servitude, peonage, slavery, or slavery-like
practices. In addition, merely being forced to work for a
period of time in order to pay off a smuggling fee does not
constitute a severe form of trafficking (entitling an alien to
a ``T'' visa and eventual permanent residence) under the bill.
The intent is to provide ``T'' visas (and eventual
permanent residence) to trafficking victims who were trafficked
to the United States. Victims who were trafficked between two
other countries but who eventually arrive in the United States
without being trafficked here do not merit a ``T'' visa. As
such, H.R. 3244 restricts ``T'' visas to only those trafficking
victims who are 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 a severe form of trafficking in persons.
The most important goal of H.R. 3244 is to prevent
trafficking of persons. To achieve this goal, cooperation from
trafficking victims with law enforcement authorities is
essential to investigate, indict, and prosecute traffickers.
Therefore, H.R. 3244 requires that a trafficking victim show
that he or she has complied with any reasonable request for
assistance in the investigation or prosecution of severe forms
of trafficking in persons, or be under the age of 15 years old,
to receive a ``T'' visa.
In hearings held by other committees on trafficking in
persons, victims have explained that they are afraid of
returning to their home countries--fearing retribution from
their traffickers for having gone to United States law
enforcement authorities. To combat this intimidation, H.R. 3244
provides relief to aliens who show either a well-founded fear
of retribution involving the infliction of severe harm or
extreme hardship in connection with having been trafficked.
Absent such intimidation, there is no rationale to provide
relief.
Any alien who traffics persons or assists in the
trafficking of persons, including a victim's family member,
does not merit a visa. Therefore, H.R. 3244 bars any alien from
a ``T'' visa if there is substantial reason to believe that the
alien has committed an act of a severe form of trafficking in
persons. In addition, H.R. 3244 creates a new ground of
inadmissibility for an alien who is a trafficker in persons,
assisted in trafficking of persons, or is a family member of a
trafficker who knowingly benefitted from the trafficking within
the previous five years.
In order that this bill never become a general amnesty
program for smuggled aliens, H.R. 3244 places an annual cap of
5,000 on visas available to trafficking victims. If that cap is
reached in any fiscal year, neither the INS, nor the Executive
Office for Immigration Review should permit ``T'' visa
applicants who exceed the 5,000 cap to remain in the United
States to await a ``T'' visa in the next fiscal year.

Hearings

The committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 3244.

Committee Consideration

On March 8, 2000, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 3244, as amended, by a voice vote, a quorum being
present. On April 4, 2000, the committee met in open session
and ordered favorably reported the bill H.R. 3244 with an
amendment in the nature of a substitute by voice vote, a quorum
being present.

Votes of the Committee

Subject: Amendment offered by Mr. Conyers to the Smith/
Canady amendment to the amendment in the nature of a substitute
to H.R. 3244 which would eliminate the 5,000 cap placed on
visas and adjustments of status for trafficking victims ``if
the Attorney General determines that it should be exceeded by a
specific number in any year for humanitarian reasons.'' By a
roll call vote of 14 yeas to 16 nays, the amendment was
defeated.

ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. .............. ..............
Mr. Coble....................................................... .............. .............. ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. X ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. X ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. .............. ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... X .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... X .............. ..............
Mr. Meehan...................................................... .............. .............. ..............
Mr. Delahunt.................................................... X .............. ..............
Mr. Wexler...................................................... X .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... .............. .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 14 16 ..............
----------------------------------------------------------------------------------------------------------------

Subject: Amendment offered by Ms. Jackson Lee to the Smith/
Canady amendment to the amendment in the nature of a substitute
to H.R. 3244 to permit family members of trafficking victims to
receive visas without the family members having to show extreme
hardship. By a roll call vote of 14 yeas to 16 nays, the
amendment was defeated.

ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. .............. ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. X ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. .............. ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... X .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... X .............. ..............
Mr. Meehan...................................................... .............. .............. ..............
Mr. Delahunt.................................................... X .............. ..............
Mr. Wexler...................................................... X .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... .............. .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 14 16 ..............
----------------------------------------------------------------------------------------------------------------

Committee Oversight Findings

In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.

Committee on Government Reform Findings

No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.

New Budget Authority and Tax Expenditures

Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.

Congressional Budget Office Cost Estimate

In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill, H.R. 3244, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, April 13, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3244, the
Trafficking Victims Protection Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for federal
costs is Sunita D'Monte, who can be reached at 226-2840. The
CBO staff contacts for intergovernmental and private-sector
mandates are Leo Lex (225-3220) and Keith Mattrick (226-2940),
respectively.
Sincerely,
Dan L. Crippen, Director.

Enclosure

cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 3244--Trafficking Victims Protection Act of 2000.

SUMMARY

H.R. 3244 is aimed at combating trafficking of persons,
especially into the sex trade, slavery, and slavery-like
conditions. The bill would establish an interagency task force
within the State Department to monitor and report such
trafficking, prohibit certain forms of assistance to countries
that fail to combat trafficking, criminalize certain activities
related to trafficking, allow victims of trafficking to enter
and remain in the United States, and authorize various programs
to assist victims. The bill defines trafficking as the
purchase, sale, recruitment, harboring, transportation,
transfer, or receipt of a person for the purpose of a
commercial sex act or forced labor. CBO estimates that
appropriation of the authorized amounts would result in
additional discretionary spending of $89 million over the 2000-
2005 period. Enactment of the legislation would affect direct
spending and revenues; thus, pay-as-you-go procedures would
apply. We estimate that direct spending would increase by less
than $500,000 in 2000 and by $20 million over the 2000-2005
period, and that revenues would increase by less than $500,000
annually.
H.R. 3244 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA); however, CBO
estimates that the cost of the mandate would not be
significant. Increased spending for Medicaid and Temporary
Assistance for Needy Families (TANF) would not be
intergovernmental mandates because states have flexibility
within those programs to alter their financial or programmatic
responsibilities to accommodate the change. Other provisions of
the bill would provide grant assistance to state, local, and
tribal governments for programs benefitting victims of
trafficking crimes.
The bill would impose mandates on entities that engage in
certain transactions with foreign persons identified as human
traffickers. CBO estimates that the costs of those mandates
would fall well below the threshold for private-sector mandates
established in UMRA ($109 million in 2000, adjusted annually
for inflation).

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 3244 is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs), 500 (education,
employment, training, and social services), 550 (health), 600
(income security), and 750 (administration of justice).
Spending Subject to Appropriation
For purposes of this estimate, CBO assumes that H.R. 3244
will be enacted and the initial appropriations will be provided
by July 1, 2000. The bill would authorize appropriations of $95
million over the 2000-2001 period. Assuming appropriation of
the amounts authorized for each year and based on historical
spending patterns for similar programs, CBO estimates that the
bill would result in discretionary outlays totaling $89 million
over the 2000-2005 period.
Overseas Assistance.
The bill would authorize appropriations for the President,
through the Agency for International Development (AID) and
other agencies, to establish and administer programs to
increase public awareness of trafficking and to offer
microcredit lending, skills training, business development and
other initiatives for potential victims of trafficking. It
would also require the State Department and AID to initiate
programs for the safe integration and resettlement of victims
and to assist foreign countries in eliminating trafficking. CBO
estimates these provisions would increase spending by $41
million over the 2000-2005 period.
Domestic Assistance.
Section 13 would authorize appropriations for the Attorney
General, the Secretary of Labor, and the Department of Health
and Human Services (HHS) to expand existing services to provide
assistance for victims of trafficking. CBO estimates that
outlays would increase by $43 million over the 2000-2005
period. In addition to increases in discretionary spending, CBO
expects that HHS would expand services in mandatory programs to
provide assistance to victims of trafficking.
Interagency Task Force.
Section 13 would authorize appropriations for an
interagency task force within the State Department to monitor,
combat, and report on trafficking. CBO estimates this section
would increase spending by $5 million over the 2000-2005
period.
Law Enforcement.
Section 12 would make certain activities related to
trafficking federal crimes and would increase penalties for
existing offenses relating to trafficking. As a result, the
federal government could pursue cases that it otherwise would
not be able to prosecute. CBO expects that any increase in
federal costs for law enforcement, court proceedings, or prison
operations would not be significant, however, because of the
relatively small number of cases likely to be involved. Any
such additional costs would be subject to the availability of
appropriated funds.

By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Overseas Assistance
Authorization Level 15 30 0 0 0 0
Estimated Outlays 1 13 17 6 3 a

Domestic Assistance
Authorization Level 15 30 0 0 0 0
Estimated Outlays 1 21 12 6 2 1

Interagency Task Force
Authorization Level 2 3 0 0 0 0
Estimated Outlays a 3 1 a a 0

Law Enforcement
Estimated Authorization Level a a a a a a
Estimated Outlays a a a a a a

Total
Estimated Authorization Level 32 63 a a a a
Estimated Outlays 3 37 30 13 5 1

CHANGES IN DIRECT SPENDING AND REVENUES
Medicaid
Estimated Budget Authority a 1 1 2 3 4
Estimated Outlays a 1 1 2 3 4

TANF
Estimated Budget Authority 0 0 0 0 0 0
Estimated Outlays a a 1 2 2 3

Other
Estimated Budget Authority a a a a a a
Estimated Outlays a a a a a a

Total
Estimated Budget Authority a 1 2 2 3 4
Estimated Outlays a 1 2 4 5 7

Estimated Penalties (Revenues) a a a a a a
----------------------------------------------------------------------------------------------------------------
a. Less than $500,000.

Direct Spending and Revenues
Medicaid and TANF.
H.R. 3244 would require the Secretary of HHS to expand
existing services to provide assistance to victims of
trafficking, regardless of their immigration status. Under
current law, aliens who are in the United States illegally or
admitted under a nonimmigrant class are ineligible for most
federal public benefits. HHS administers several mandatory
benefit programs for which victims of trafficking could be
newly eligible. Those programs include Medicaid and TANF.
Based on information from the State Department, CBO assumes
that about 50,000 women and children are trafficked into the
United States every year. Although data on the number of
trafficking victims who are able to leave their situations are
unavailable, discussions with State Department officials led
CBO to assume that only about 2,000 victims would be freed each
year and could potentially receive benefits. Of these 2,000
individuals, we anticipate that one-third would be nonelderly
adult women and another third would be children, for a total of
about 1,300 women and children who could be eligible for
Medicaid or TANF each year. In addition, we adjusted the total
number of children eligible for benefits to account for births
to adult women, based on an estimated 9 percent annual
fertility rate among noncitizen women of child-bearing age.
CBO expects that 80 percent of the eligible individuals
would participate in Medicaid and 45 percent would participate
in TANF. These participation rates are based on the utilization
rates of these programs by the most disadvantaged refugees in
the United States. CBO estimates that 460 children and 110
women would receive Medicaid benefits in fiscal year 2001, at a
federal cost of $1 million. With the cumulative effects of
additional applicants and births each year, participation would
grow to about 2,500 children and 900 women in 2005, for a total
cost of $11 million over the 2000-2005 period. Because of the
lower participation rate in TANF, the number of women and
children receiving TANF benefits would be roughly half the
number participating in Medicaid, resulting in insignificant
costs in 2001 and a total cost of $8 million over the period.
In addition, children born to women in the United States
would be citizens and could be eligible for other federal
means-tested benefits, such as Food Stamps or Supplemental
Security Income. CBO estimates that additional costs for those
programs would be insignificant during the next five years.
Other Provisions.
The bill contains other provisions that, in total, would
affect direct spending and revenues by less than $500,000 a
year.
Immigration Status for Certain Victims. Section 7(f) would
establish a new nonimmigrant category for certain victims of
trafficking and would permit certain victims to attain
permanent U.S. residence. Costs to the Immigration and
Naturalization Service for adjudicating such cases would be
funded from fees collected by the agency. CBO estimates that
any such costs would not be significant because of the small
number of trafficking victims likely to be involved.
Penalties for Trafficking. Section 11 would allow the
President to impose penalties on foreign traffickers of persons
under the International Emergency Economic Powers Act. CBO
estimates that this provision would result in a negligible
increase in revenues.
Criminal Fines and Seizure of Assets. Section 12 would
allow the federal government to pursue new cases related to
trafficking. Because those prosecuted and convicted under H.R.
3244 could be subject to criminal fines, the federal government
might collect additional fines if the bill is enacted.
Collections of such fines are recorded in the budget as
governmental receipts (revenues), which are deposited in the
Crime Victims Fund and spent in subsequent years. CBO expects
that any additional receipts and direct spending would not be
significant.
Persons prosecuted and convicted under the bill also could
be subject to the seizure of certain assets by the federal
government. Proceeds from the sale of such assets would be
deposited into the Assets Forfeiture Fund and spent from that
fund, mostly in the same year. Thus, enacting H.R. 3244 could
increase both revenues deposited into the fund and direct
spending from the fund. However, CBO estimates that any
increased revenues or spending would be negligible.

PAY-AS-YOU-GO CONSIDERATIONS

The Balanced Budget and Emergency Deficit Control Act sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts. The net changes in direct spending and
receipts are shown in the following table. For the purposes of
enforcing pay-as-you-go procedures, only the effects in current
year, the budget year, and the succeeding four years are
counted.

By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays 0 1 2 4 5 7 11 12 15 19 23
Changes in receipts 0 0 0 0 0 0 0 0 0 0 0
----------------------------------------------------------------------------------------------------------------

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

The bill would require courts to order forfeitures of
property against people who are convicted of trafficking
persons, irrespective of state law. By preempting the
application of state laws, the bill would impose a mandate on
state governments, and the imposition of the mandate could
result in the loss of forfeited property under state laws.
However, CBO estimates any such loss to state governments would
be not significant.
By directing various federal agencies to expand existing
services and provide assistance to victims of severe forms of
trafficking without regard to immigration status, the bill
would increase spending for a number of federal and state
public assistance programs, including Medicaid and TANF. The
state portion of Medicaid spending for services to trafficking
victims would total $11 million over the fiscal year 2000-2005
period. Spending within the TANF program is estimated to total
$8 million over the same period. Generally, states would be
able to use unspent federal TANF funds to cover these
additional costs.
The bill would also authorize federal matching grants to
state, local, and tribal governments, as well as other
organizations, for programs benefitting trafficking victims.
The authorizations for such grants would total $5 million in
fiscal year 2000 and $10 million in fiscal year 2001. State,
local, and tribal governments and other organizations would
have to spend at least $1 for every $3 of federal assistance.
The bill would authorize the President to regulate or
prohibit certain transactions involving foreign persons
identified as participants in human trafficking. New
presidential restrictions could impose costs on U.S. entities
engaged in those transactions. Although CBO cannot predict the
nature of such measures, information provided by government
sources indicates that the new authority is not likely to
impose significant costs on the private sector.

PREVIOUS CBO ESTIMATE:

On December 29,1999, CBO prepared a cost estimate for H.R.
3244 as reported by the House Committee on International
Relations. Although both versions of the bill have similar
provisions and costs, CBO assumes a later enactment date for
H.R. 3244 as ordered reported by the House Committee on the
Judiciary.

ESTIMATE PREPARED BY:

Federal Costs: International affairs: Sunita D'Monte (226-2840)
Immigration and Law Enforcement: Mark Grabowicz (226-2860)
Education, Employment, Training, and Social Services: Christi
Hawley Sadoti (226-2820)
Income Security: Valerie Baxter and Sheila Dacey (226-2820)
Health: Eric Rollins (226-9010)
Impact on State, Local, and Tribal Governments: Leo Lex (225-
3220)
Impact on the Private Sector: Keith Mattrick (226-2940)

ESTIMATE APPROVED BY:

Robert A. Sunshine
Assistant Director for Budget Analysis

Constitutional Authority Statement

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8, clause 4 of the
Constitution.

Section-by-Section Analysis and Discussion

H.R. 3244 was referred to the Committee on International
Relations and, in addition, to the Committee on the Judiciary
and the Committee on Banking and Financial Services in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned. The following is a
discussion of sections within the jurisdiction of the Committee
on the Judiciary.
Sec. 7. Protection and Assistance for Victims of Trafficking
Section 7(c) Trafficking Victim Regulations. Section 7(c)
requires the Attorney General to promulgate regulations for law
enforcement personnel and immigration officials to: (1) provide
protection if a victim's safety is at risk; (2) refrain from
imprisoning, fining or penalizing victims due to having been
trafficked; (3) provide victims with access to legal assistance
and translation services; (4) ensure an alien's continued
presence in the United States if a trafficking victim or a
material witness to effectuate prosecution of those
responsible; and (5) train personnel in identifying victims.
Subsections 7(c)(2) and (c)(4) state that the INS' authority to
detain aliens shall not be curtailed by such regulations.
Section 7(f) Protection from Removal for Certain Victims of
Trafficking. Section 7(f)(1) creates a new nonimmigrant ``T''
visa for an alien who: (1) is a victim of a severe form of
trafficking in persons, as defined in section 3 of the act; (2)
is in the United States or at a United States port of entry by
reason of having been trafficked here; (3) is no older than 14
years of age or was induced to participate in the sex trade or
slavery-like practices 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 trafficking
acts; and (4) has 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. It also
permits the Attorney General to grant a ``T'' visa if necessary
to avoid extreme hardship to the victim's spouse, sons and
daughters (who are not children), and the parents if the victim
is under 21 years old. A victim's children who are unmarried
and under 21 years old need not establish extreme hardship to
receive a ``T'' visa. It precludes anyone in this section from
receiving a ``T'' visa if there is substantial reason to
believe that the person has committed an act of a severe form
of trafficking in persons.
Section 7(f)(2) permits the Attorney General to waive
grounds of inadmissibility, including health-related grounds,
public charge, and, with the exception of security,
international child abduction, and former citizens who
renounced citizenship to avoid taxation, any other provision of
section 212(a) of the INA if the activities rendering the alien
inadmissible were caused by the trafficking. It states that the
INS is not prohibited from instituting removal proceedings
against an alien admitted with a ``T'' visa 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. This section
also places an annual cap of 5,000 on ``T'' visas for
trafficking victims.
Section 7(f)(4) permits the Attorney General to adjust the
status of a ``T'' visa holder to that of a permanent resident
if the alien: (1) has been physically present in the United
States for a continuous period of at least 3 years since the
date of admission; (2) has throughout such period been a person
of good moral character; (3) has during such period complied
with any reasonable request for assistance in the investigation
or prosecution of trafficking acts; and (4) has 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. It also permits the Attorney General to
adjust the status of the victim's spouse, parents, and married
and unmarried sons and daughters, if admitted with a ``T''
visa, to that of an alien lawfully admitted for permanent
residence. An annual cap of 5,000 is placed on adjustments of
status for victims. It also permits the Attorney General to
waive grounds of inadmissibility, including health-related
grounds, public charge, and, with the exception of security,
international child abduction, and former citizens who
renounced citizenship to avoid taxation, any other provision of
section 212(a) of the INA if the activities rendering the alien
inadmissible were caused by the trafficking. Finally, it
explains that an alien has not maintained continuous physical
presence in the United States if the alien has departed the
United States for any period in excess of 90 days or for any
period in the aggregate exceeding 180 days.
Section 11. Actions Against Significant Traffickers in Persons
Section 11(f) Exclusion of Persons Who Have Benefitted from
Illicit Activities of Traffickers. Section 11(f) creates a
ground of inadmissibility for any alien who is a trafficker in
persons, assisted in trafficking of persons, or is a family
member of a trafficker who knowingly benefitted from the
trafficking within the previous five years.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):

IMMIGRATION AND NATIONALITY ACT

* * * * * * *

TITLE I--GENERAL

definitions

Section 101. (a) As used in this Act--
(1) * * *

* * * * * * *

(15) The term ``immigrant'' means every alien except an
alien who is within one of the following classes of
nonimmigrant aliens--
(A) * * *

* * * * * * *

(R) an alien, and the spouse and children of the
alien if accompanying or following to join the alien,
who--
(i) * * *
(ii) seeks to enter the United States for a
period not to exceed 5 years to perform the
work described in subclause (I), (II), or (III)
of paragraph (27)(C)(ii); [or]
(S) subject to section 214(k), an alien--
(i) * * *

* * * * * * *

(ii) who the Secretary of State and the
Attorney General jointly determine--
(I) * * *

* * * * * * *

(IV) is eligible to receive a
reward under section 36(a) of the State
Department Basic Authorities Act of
1956,
and, if the Attorney General (or with respect to clause
(ii), the Secretary of State and the Attorney General
jointly) considers it to be appropriate, the spouse,
married and unmarried sons and daughters, and parents
of an alien described in clause (i) or (ii) if
accompanying, or following to join, the alien[.]; or
(T) subject to section 214(n), an alien, and the
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 spouse, and
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.

* * * * * * *

TITLE II--IMMIGRATION

* * * * * * *

Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens

* * * * * * *

general classes of aliens ineligible to receive visas and ineligible
for admission; waivers of inadmissibility

Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:
(1) * * *

* * * * * * *

(2) Criminal and related grounds.--
(A) * * *

* * * * * * *

(H) Traffickers in persons.--Any alien
who--
(i) is a foreign person (as defined
in section 11(h) of the Trafficking
Victims Protection Act of 2000) on the
most recent list compiled under section
11(b) of such Act;
(ii) 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 an alien described in
clause (i) in severe forms of
trafficking in persons (as defined in
section 3 of such Act); or
(iii) the consular officer or the
Attorney General knows or has reason to
believe--
(I) is the spouse, son, or
daughter of an alien
inadmissible under clause (i)
or (ii);
(II) has, within the
previous 5 years, obtained any
financial or other benefit from
the illicit activity of such
alien that is described in such
clause; and
(III) knew or reasonably
should have known that the
financial or other benefit was
the product of such illicit
activity;
is inadmissible.

* * * * * * *

(d)(1) * * *

* * * * * * *

(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).

* * * * * * *

admission of nonimmigrants

Sec. 214. (a) * * *

* * * * * * *

[(l)] (m)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to pursue
a course of study--
(A) at a public elementary school or in a publicly
funded adult education program; or
(B) at a public secondary school unless--
(i) the aggregate period of such status at
such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
(2) An alien who obtains the status of a nonimmigrant under
section 101(a)(15)(F)(i) in order to pursue a course of study
at a private elementary or secondary school or in a language
training program that is not publicly funded shall be
considered to have violated such status, and the alien's visa
under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary school,
in a publicly funded adult education program, in a publicly
funded adult education language training program, or at a
public secondary school (unless the requirements of paragraph
(1)(B) are met).
(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.

* * * * * * *

Chapter 5--Adjustment and Change of Status

adjustment of status of nonimmigrant to that of person admitted for
permanent residence

Sec. 245. (a) * * *

* * * * * * *

(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.

* * * * * * *

----------

TITLE 18, UNITED STATES CODE

* * * * * * *

CHAPTER 77--PEONAGE AND SLAVERY

Sec.
1581. Peonage; obstructing enforcement.
* * * * * * *
1589. Trafficking into involuntary servitude, peonage, or slavery-like
conditions.
1589A. Sex trafficking of children or by force, fraud, or coercion.
1590. Unlawful possession of documents in furtherance of trafficking
involuntary servitude, or peonage.
1591. Mandatory restitution.
1592. General provisions.

* * * * * * *

Sec. 1581. Peonage; obstructing enforcement

(a) Whoever holds or returns any person to a condition of
peonage, or arrests any person with the intent of placing him
in or returning him to a condition of peonage, shall be fined
under this title or imprisoned not more than [10] 20 years, or
both. If, in addition to the foregoing elements, death results
from a violation of this section, or if such violation includes
kidnaping 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. 1583. Enticement into slavery

Whoever kidnaps or carries away any other person, with the
intent that such other person be sold into involuntary
servitude, or held as a slave; or
Whoever entices, persuades, or induces any other person to
go on board any vessel or to any other place with the intent
that he may be made or held as a slave, or sent out of the
country to be so made or held--
Shall be fined under this title or imprisoned not more than
[10] 20 years, or both. If, in addition to the foregoing
elements, death results from a violation of this section, or if
such violation includes kidnaping 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. 1584. Sale into involuntary servitude

Whoever knowingly and willfully holds to involuntary
servitude or sells into any condition of involuntary servitude,
any other person for any term, or brings within the United
States any person so held, shall be fined under this title or
imprisoned not more than [10] 20 years, or both. If, in
addition to the foregoing elements, death results from a
violation of this section, or if such violation includes
kidnaping 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. 1589. Trafficking into involuntary servitude, peonage, or slavery-
like conditions

(a) Whoever recruits, harbors, provides, transports,
employs, purchases, sells, or secures, by any means, any
person, knowing or having reason to know that the person is or
will be subjected to involuntary servitude or peonage or to
slavery-like conditions as described in subsection (b) of this
section, or in any way, financially or otherwise, knowingly
benefits from, or makes use of, the labor or services of a
person subjected to a condition of involuntary servitude or
peonage, shall be fined under this title or imprisoned not more
than 20 years, or both; and if, in addition to the foregoing
elements, death results from an act committed in violation of
this section, or if such act includes kidnapping or an attempt
to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title or imprisoned for any term of years or life,
or both.
(b) As used in this section, the term ``slavery-like
conditions'' means that the labor or services of a person are
obtained or maintained through any scheme or artifice to
defraud, or by means of any plan or pattern, including but not
limited to false and fraudulent pretense and
misrepresentations, such that the person reasonably believes
that if he did not perform the labor or services serious harm
would be inflicted on himself or on another person.
(c) This section does not apply to labor performed as a
punishment for a crime whereof the party shall have been duly
convicted.

Sec. 1589A. Sex trafficking of children or by force, fraud, or coercion

(a) In General.--Whoever--
(1) recruits, entices, harbors, purchases, sells,
transports, or transfers a person, or
(2) owns, manages, operates, or shares in the
proceeds of an enterprise in which a person has been
recruited, enticed, harbored, purchased, sold,
transported, or transferred,
knowing or having reason to know that the person will
be caused by force, fraud, or coercion to engage in a
commercial sex act, or that the person has not attained
the age of 18 years and will be caused or expected to
engage in a commercial sexual act, shall be punished as
provided in subsection (b).
(b) Punishment.--The punishment for an offense under
subsection (a) is--
(1) if the offense was effected by fraud, force, or
coercion, or if the person transported had not attained
the age of 14 years at the time of such offense, by a
fine under this title or imprisonment for any term of
years or for life, or both; or
(2) if the offense was not effected by fraud,
force, or coercion, and the person transported had
attained the age of 14 years but had not attained the
age of 18 years at the time of such offense, by a fine
under this title or imprisonment for not more than 20
years, or both.
(c) Definition of Commercial Sexual Act.--In this section,
the term ``commercial sexual act'' means any sexual act, on
account of which anything of value is given to or received by
any person, and--
(1) which takes place in the United States;
(2) which affects United States foreign commerce;
or
(3) in which either the person caused or expected
to participate in the act or the person committing the
violation is a United States citizen or an alien
admitted for permanent residence in the United States.

Sec. 1590. Unlawful possession of documents in furtherance of
trafficking, involuntary servitude, or peonage

(a) Whoever destroys, conceals, removes, confiscates, or
possesses any identification, passport, or other immigration
documents, or any other documentation of another person--
(1) in the course of, or under circumstances which
facilitate a violation of section 1581, 1583, 1584,
1589, or 1589A or a conspiracy or attempt to commit
such a violation; or
(2) to conceal or impair the investigation or
prosecution of a violation of any section described in
paragraph (1); or
(3) to prevent or restrict, without lawful
authority, the person's liberty to move or travel in
interstate or foreign commerce,
shall be fined under this title or imprisoned for not
more than 5 years, or both.

Sec. 1591. Mandatory restitution

(a) Notwithstanding sections 3663 or 3663A, and in addition
to any other civil or criminal penalties authorized by law, the
court shall order restitution for any offense under this
chapter.
(b)(1) The order of restitution under this section shall
direct the defendant to pay the victim (through the appropriate
court mechanism) the full amount of the victims losses, as
determined by the court under paragraph (3) of this subsection.
(2) An order of restitution under this section shall be
issued and enforced in accordance with section 3664 in the same
manner as an order under section 3663A.
(3) As used in this subsection, the term ``full amount of
the victim's losses'' has the same meaning as provide in
section 2259(b)(3) and shall in addition include the greater of
the gross income or value to the defendant of the victim's
services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of
the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
(c) As used in this section, the term ``victim'' means the
individual harmed as a result of a crime under this chapter,
including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or a representative of the victim's
estate, or another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant
be named such representative or guardian.

Sec. 1592. General provisions

(a) In a prosecution under sections 1581, 1583, 1584, or
1589, a condition of involuntary servitude or peonage may be
established by proof that the defendant obtained or maintained
the labor or service of any person--
(1) by the use, or threatened use, of force,
violence, physical restraint, or physical injury, or by
extortion or the abuse of threatened abuse of law or
the legal process;
(2) through representations made to any person that
physical harm may occur to that person, or to another,
in an effort to wrongfully obtain or maintain the labor
or services of that person; or
(3) by the use of fraud, deceit, or
misrepresentation toward any person in an effort to
wrongfully obtain or maintain the labor or services of
that person, where the person is a minor, one who is
mentally disabled, or one who is otherwise particularly
susceptible to coercion.
(b) An attempt or conspiracy to violate sections 1581,
1583, 1584, 1589, or 1589A shall be punishable in the same
manner as a completed violation of each of these sections,
respectively.
(c)(1) The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in
addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the
United States--
(A) such person's interest in any property, real or
personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
(B) any property, real or personal, constituting or
derived from, any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except subsection (d) of that section.
(d)(1) The following shall be subject to forfeiture to the
United States and no property right shall exist in them--
(A) any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter; and
(B) any property, real or personal, which
constitutes or is derived from proceeds traceable to
any violation of this chapter.
(2) The provisions of chapter 46 of this title relating to
civil forfeitures shall extend to any seizure or civil
forfeiture under this subsection.
(f) Witness Protection.--Any violation of this chapter
shall be considered an organized criminal activity or other
serious offense for the purposes of application of chapter 224
(relating to witness protection).

* * * * * * *

CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

* * * * * * *

Sec. 1961. Definitions

As used in this chapter--
(1) ``racketeering activity'' means (A) any act or
threat involving murder, kidnapping, gambling, arson,
robbery, bribery, extortion, dealing in obscene matter,
or dealing in a controlled substance or listed chemical
(as defined in section 102 of the Controlled Substances
Act), which is chargeable under State law and
punishable by imprisonment for more than one year; (B)
any act which is indictable under any of the following
provisions of title 18, United States Code: Section 201
(relating to bribery), section 224 (relating to sports
bribery), sections 471, 472, and 473 (relating to
counterfeiting), section 659 (relating to theft from
interstate shipment) if the act indictable under
section 659 is felonious, section 664 (relating to
embezzlement from pension and welfare funds), sections
891-894 (relating to extortionate credit transactions),
section 1028 (relating to fraud and related activity in
connection with identification documents), section 1029
(relating to fraud and related activity in connection
with access devices), section 1084 (relating to the
transmission of gambling information), section 1341
(relating to mail fraud), section 1343 (relating to
wire fraud), section 1344 (relating to financial
institution fraud), section 1425 (relating to the
procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), sections 1461-1465 (relating to obscene
matter), section 1503 (relating to obstruction of
justice), section 1510 (relating to obstruction of
criminal investigations), section 1511 (relating to the
obstruction of State or local law enforcement), section
1512 (relating to tampering with a witness, victim, or
an informant), section 1513 (relating to retaliating
against a witness, victim, or an informant), section
1542 (relating to false statement in application and
use of passport), section 1543 (relating to forgery or
false use of passport), section 1544 (relating to
misuse of passport), section 1546 (relating to fraud
and misuse of visas, permits, and other documents),
sections 1581-1588 (relating to peonage and slavery),
section 1951 (relating to interference with commerce,
robbery, or extortion), section 1952 (relating to
racketeering), section 1953 (relating to interstate
transportation of wagering paraphernalia), section 1954
(relating to unlawful welfare fund payments), section
1955 (relating to the prohibition of illegal gambling
businesses), section 1956 (relating to the laundering
of monetary instruments), section 1957 (relating to
engaging in monetary transactions in property derived
from specified unlawful activity), section 1958
(relating to use of interstate commerce facilities in
the commission of murder-for-hire), section 1589
(relating to trafficking into involuntary servitude,
peonage, or slavery-like conditions), section 1589A
(relating to sex trafficking of children or by force,
fraud, or coercion), sections 2251, 2251A, 2252, and
2260 (relating to sexual exploitation of children),
sections 2312 and 2313 (relating to interstate
transportation of stolen motor vehicles), sections 2314
and 2315 (relating to interstate transportation of
stolen property), section 2318 (relating to trafficking
in counterfeit labels for phonorecords, computer
programs or computer program documentation or packaging
and copies of motion pictures or other audiovisual
works), section 2319 (relating to criminal infringement
of a copyright), section 2319A (relating to
unauthorized fixation of and trafficking in sound
recordings and music videos of live musical
performances), section 2320 (relating to trafficking in
goods or services bearing counterfeit marks), section
2321 (relating to trafficking in certain motor vehicles
or motor vehicle parts), sections 2341-2346 (relating
to trafficking in contraband cigarettes), sections
2421-24 (relating to white slave traffic), (C) any act
which is indictable under title 29, United States Code,
section 186 (dealing with restrictions on payments and
loans to labor organizations) or section 501(c)
(relating to embezzlement from union funds), (D) any
offense involving fraud connected with a case under
title 11 (except a case under section 157 of this
title), fraud in the sale of securities, or the
felonious manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in a
controlled substance or listed chemical (as defined in
section 102 of the Controlled Substances Act),
punishable under any law of the United States, (E) any
act which is indictable under the Currency and Foreign
Transactions Reporting Act, or (F) any act which is
indictable under the Immigration and Nationality Act,
section 274 (relating to bringing in and harboring
certain aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United States),
or section 278 (relating to importation of alien for
immoral purpose) if the act indictable under such
section of such Act was committed for the purpose of
financial gain.

* * * * * * *

Minority Views

We believe the Trafficking Victims Protection Act of 1999,
H.R. 3244 as reported by the Judiciary Committee, represents a
modest improvement over current law with regard to the
treatment of victims of sex trafficking and forced servitude.
However, the committee's product falls well short of the
protections it could have provided to the victims of these
horrific acts, particularly compared to the version of this
legislation originally introduced by Rep. Chris Smith (R-NJ)
and Sam Gejdenson (D-CT).
As reported by the Judiciary Committee, the immigration
provisions of the legislation create a new nonimmigrant visa
for persons who are victims of severe forms of sex trafficking
and forced servitude, but severely restrict the availability of
that visa. Namely, the trafficking victim must establish that
they: (1) are physically present in the United States or at a
U.S. port of entry and that such presence is in connection with
the severe form of trafficking in persons; (2) are under 15
years old, or that they were forced or coerced to participate
in commercial sex or involuntary servitude to which they did
not ``voluntarily agree''; and (3) have a well-founded fear of
retribution upon removal from the United States resulting from
the infliction of severe harm, or would suffer extreme hardship
in connection with the trafficking upon removal from the United
States.\1\ In connection with the issuance of such visas, the
committee-reported bill also limits the Attorney General's
discretion to waive certain grounds of inadmissability for
victims of trafficking unless the ground was caused by, or
incident to, the trafficking of the victim.\2\
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\1\ H.R. 3244, 106th Cong. Sec. 7(f)(1) (Apr. 4, 2000). In
addition, even if the conditions for the non-immigrant visa are
established, the committee-reported bill limits the ability of
trafficking victims to adjust their status to lawful permanent resident
status to persons who can establish that they: (1) are physically
present in the United States for a continuous period of 3 years since
the date of admission; (2) are a person of good moral character
throughout such period; (3) have complied with any reasonable request
for assistance in the investigation of trafficking; and
(4) either have a well-founded fear of retribution upon removal from
the United States resulting from the infliction of severe harm, or
would suffer extreme hardship in connection with the trafficking upon
removal from the United States. Id. at Sec. 7(f)(4).
\2\ Id. at Sec. 7(f)(3). The Attorney General may waive in any case
the grounds of inadmissability for health-related reasons or the
likelihood of becoming a public charge. The Attorney General may waive
the remaining applicable inadmissability grounds only if caused by, or
incident to, the trafficking of the victim. Id. at Sec. 7(f)(3). This
restriction is equally true for persons applying for adjustment of
status. Id. at Sec. 7(f)(4).
---------------------------------------------------------------------------
To the extent a visa is issued for a victim of trafficking,
the committee-reported bill goes on to impose numerous
additional restrictions on victims. The Majority requires that
``extreme hardship'' be shown in order for the victim to be
reunited with their spouse, denies non-minor victims any
ability to be reunited with their parents and requires victims
who are minors to establish ``extreme hardship'' before they
can be reunited with their parents.\3\ Finally, the committee
reported bill only permits 5,000 victims a year to receive
nonimmigrant status, even if a greater number meet the
applicable criteria.\4\
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\3\ Id. at Sec. 7(f)(1).
\4\ Id. at Sec. 7(f)(2). The bill also caps at 5,000 the number of
victims a year who are eligible to adjust their status to that of a
lawful permanent resident. Id. at Sec. 7(f)(4).
---------------------------------------------------------------------------
We offer these Minority views, because we believe that the
restrictions imposed under the committee-reported bill are too
harsh, and are likely to unfairly and unnecessarily prevent
thousands of victims of sex trafficking and involuntary
servitude from being able to obtain relief under our
immigration laws. This is hardly consistent with our nation's
long standing commitment to protecting victims and their
families. A summary of our concerns \5\ follows:
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\5\ In addition to the immigration-related concerns described
herein, we would also note that the legislation contains certain
criminal provisions which may make future enforcement against the
perpetrators of trafficking more difficult. More specifically, language
related to ``slave-like conditions'' in Section 1589(a) requires review
because the word ``slavery'' is ill-defined, vague, and could result in
an additional element of proof in jury instructions. The term
``extortion'' in Section 1592(a)(1) could prevent the Department of
Justice from bringing separate charges under the extortion statute and
create a double jeopardy problem. In addition, Section 11 requires the
Secretary of State to publish a list of individuals allegedly involved
in trafficking and who will be subject to sanctions. Concerns have been
expressed that persons being considered for inclusion on such a list
will not have been granted any opportunity to be heard before appearing
on the list.
---------------------------------------------------------------------------
I. The Majority Imposed Unfair Criteria on Eligibility of Visas for
Victims of Sex Trafficking and Involuntary Servitude
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 Majority 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
inadmissability 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 sex trafficking and
involuntary servitude from receiving refuge from their
tormentors.
Requirement that victims establish that they are in the
U.S. as a direct result of trafficking
The requirement that victims may only obtain visas if their
presence in the United States is a direct result of trafficking
does not provide protection for victims of severe forms of
trafficking who are physically present in the United States,
but located here subsequent to the initial trafficking event.
For example, a child who is sold into sex slavery at a house of
prostitution in Mexico or Canada would not be eligible for
relief if she escaped and managed to reach a United States
border. In our view, the threshold decision of eligibility
should depend on whether the victim requires refuge in the
United States rather than on the irrelevant fact of whether the
person was initially transported here in connection with the
trafficking.
Requirement that victims establish that they did not
``voluntarily agree'' to the trafficking
arrangement
The requirement that the victim not have voluntarily agreed
to any trafficking arrangement is also potentially problematic.
The problem is that the term ``voluntary'' could sweep in
victims who agreed to a particular improper arrangement, but
not to the full extent of sex trafficking or involuntary
servitude ultimately imposed upon them. For example, under the
committee-reported bill--to cite a real life horror story--
consider a case where 5 Latvian women voluntarily agree to
serve as exotic dancers in Chicago in exchange for a salary of
$60,000 per year. When they arrive their passports are taken,
and their lives and their families' lives are threatened if
they don't agree to involuntary servitude.\6\ Under the
committee-reported bill, we are concerned the voluntary
requirement could prevent victims of this type of arrangement
from receiving visas.
---------------------------------------------------------------------------
\6\ ``Man Pleads Guilty to Enslaving Latvian Strippers,''
Associated Press (Dec. 4, 1999).
---------------------------------------------------------------------------
Requirement that victims establish that they have a ``well
founded fear of retribution'' or that they ``would
suffer extreme hardship''
We also cannot support the committee's inclusion of the
burdensome requirement that trafficking victims 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'' in order to obtain immigration
relief.
With regard to the ``fear of retribution'' standard, the
bill does not make clear what acts constitute a well-founded
fear of retribution involving the infliction of severe harm.
For example, a trafficker likely would sell a child into sex
slavery a second time if given the opportunity.\7\ However,
such action would be for commercial gain rather than to punish
the child. Under the committee-reported legislation it is not
clear that such punishment would fall within the definition of
``retribution.''
---------------------------------------------------------------------------
\7\ ``For the traffickers, it is primarily about high profits and
low risk. The trafficking industry is one of the fastest growing and
most lucrative criminal enterprises in the world.'' Testimony of
Theresa Loar, Director, President's Interagency Council on Women and
Senior Coordinator for International Women's Issues at the U.S.
Department of State, Hearing Before the Subcommittee on Internal
Operations and Human Rights of the Committee on International
Relations, Appx. p. 78, Serial No. 106-66, 106th Cong., 1st sess.
(Sept. 14, 1999).
---------------------------------------------------------------------------
The alternative to the retribution standard is the
requirement that the trafficking victim show that she ``would
suffer extreme hardship in connection with the trafficking upon
removal from the United States.'' The Majority repeatedly noted
that in immigration law the ``extreme hardship'' standard is
not difficult to meet. Unfortunately, they cited no evidence to
support this proposition and the plain meaning of the standard
would suggest otherwise. The legislative history of the
``extreme hardship'' requirement indicates that it is
inappropriate in the context of granting relief for trafficking
victims. The ``extreme hardship'' standard previously was an
eligibility requirement for ``suspension of deportation''
available before IIRIRA was enacted in late 1996.\8\ The case
law defined the concept of ``extreme hardship'' primarily in
terms of the problems that could result from breaking the
applicant's ties to the United States after having lived here
for so many years.\9\ Such a standard is inappropriate in this
bill because the victim may not have been in the United States
for an extended period of time before the police need her
assistance in an investigation. Further, in cases where the
person is in involuntary servitude or confined against her
will, she is unlikely to have established any ties to the
United States to enable her to demonstrate extreme hardship.
---------------------------------------------------------------------------
\8\ 8 U.S.C. Sec. 1254(a) (repealed, Pub.L. 104-208, Div. C, Title
III, Sec. 308(b)(7), 1996). IIRIRA replaced suspension of deportation
with a new form of relief known as ``cancellation of removal,'' which
has the even more difficult standard of ``extremely unusual hardship''
to cancel a removal order against a foreign national. 8 U.S.C.
Sec. 1229b(b)(1)(D).
\9\ Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).
---------------------------------------------------------------------------
We believe that the asylum model--as suggested in the
original Smith/Gejdenson bill--would be a far more appropriate
standard for trafficking victims. The Attorney General may
grant asylum when she determines that the person has a well-
founded fear of persecution if she returns to her home
country.\10\ Similarly, we believe it would be more equitable
if the victim of a severe form of trafficking could take refuge
in the United States based on the possible consequences to the
individual if she returns home.
---------------------------------------------------------------------------
\10\ 8 U.S.C. Sec. 1158(b).
---------------------------------------------------------------------------
At a bare minimum, we would urge reconsideration of the
Jackson Lee (D-TX) amendment to eliminate the requirement that
``extreme hardship'' be directly related to the trafficking. It
would be unconscionable to send a person back to an abusive
family member or employer who, while not directly involved in
trafficking, was the cause of the person leaving home and
eventually being trafficked.
Requirement eliminating Attorney General discretion to
waive grounds of inadmissability for deserving
victims
Finally, with regard to the threshold visa requirements, we
also have serious concerns with the Majority limiting the
Attorney General's authority to grant a waiver of grounds of
inadmissability for the issuance of a visa. As noted above,
under the legislation, the Attorney General's discretion to
grant such relief is limited in most cases to situations when
the need is closely associated with the trafficking itself.
This restriction could result in grossly unfair results. For
example, consider the case where a woman--who was the victim of
sex trafficking--had previously sought to obtain an immigration
benefit for her child while in the United States by lying about
her immigration status. Under the committee-reported
legislation, the woman would be inadmissible for making a
misrepresentation to procure an immigration benefit.\11\ In our
view, the Attorney General should have broader discretion to
provide waivers for humanitarian purposes such as these.
---------------------------------------------------------------------------
\11\ See 8 U.S.C. Sec. 1182(a)(6)(C).
---------------------------------------------------------------------------
II. The Majority Imposed Unfair Criteria on the Ability of Victims of
Sex Trafficking and Involuntary Servitude to be Reunited with
their Families
We also oppose the restrictions the Majority imposed on the
ability of victims of sex trafficking and involuntary servitude
to be reunited with their spouses and parents. As noted above,
the commit-

tee-reported substitute totally denies non-minor victims any
ability

to be reunited in the U.S. with their parents, and also
requires that

``extreme hardship'' be established before any victim may be
re-

united with their spouse and before a victim who is a minor may
be reunited with his parents.
These restrictions are unduly harsh and unjustified.\12\
Given the horrific ordeal of sex trafficking and slavery that
such victims have experienced, it is difficult for us to
understand why the Majority would prevent them from reuniting
with their parents or spouses. Surely a nation of immigrants
such as ourselves can find it within our hearts to allow
trafficking victims to be reunited with their families.
---------------------------------------------------------------------------
\12\ Rep. Jackson Lee's amendment to remove the extreme hardship
standard was rejected by the Majority.
---------------------------------------------------------------------------
III. The Annual Cap on Visas for Victims of Sex Trafficking and
Involuntary Servitude Imposed by the Majority is Arbitrary and
Unfair
We also strongly object to the 5,000 per year cap on
trafficking victim visas imposed by the Majority.\13\ The
Majority was not able to cite a single shred of evidence--in
the hearing or the markup--supporting such a low cap.
---------------------------------------------------------------------------
\13\ A corollary annual cap applies for victims seeking to adjust
their status to lawful permanent residents and creates similar
concerns.
---------------------------------------------------------------------------
It is an unfortunate fact of life that we can never predict
how many people will be the victim of trafficking, how serious
their plights will be, or how many of them will seek refuge in
our country. Congress has granted similar discretion to
increase the refugee caps,\14\ and there are no caps for asylum
candidates. In our view it is beneath this country to suggest
that we have room for 5,000 victims of sex trafficking and
slavery, but not for the 5001st victim.
---------------------------------------------------------------------------
\14\ In cases where an unforeseen emergency refugee situation
exists, the President has the discretion, after appropriate
consultation, to exceed the designated ceiling on the admission of
refugees to assist refugees confronting the emergency. 8 U.S.C.
Sec. 1157(b).
---------------------------------------------------------------------------
As a matter of fact, the only evidence we have been able to
find suggests that the cap imposed by the Majority is far too
low.\15\ This evidence comes in the form of a recent exhaustive
report by the Central Intelligence Agency, ``International
Trafficking in Women to the United States: A Contemporary
Manifestation of Slavery,'' concluding that as many as 50,000
women and children a year are brought to the United States to
work as prostitutes, abused laborers or servants.\16\ Even if
this report overestimates the number of trafficking victims by
a factor of 7 or 8, the Majority will have set the cap too low
and denied thousands of victims of trafficking any right to
remain in this country.
---------------------------------------------------------------------------
\15\ The Majority rejected an amendment offered by Rep. Conyers (D-
MI) which would have given the Attorney General the authority to exceed
these caps for humanitarian reasons.
\16\ New York Times, ``Vast Trade in Forced Labor Portrayed in CIA
Report,'' Joel Brinkley (April 2, 2000).
---------------------------------------------------------------------------

Conclusion

We agree with Gary A. Haugen, the President of the
International Justice Mission, who testified:

[T]he coercive nature of the sex trade is powerfully
masked behind dark, padlocked doors and hidden
corridors. The deprivations of food, the beating with
electrical wires, metal rods and leather straps, the
cigarette burns, and the brutal rapes are conducted in
the hidden rooms and upper floors where, if you can get
to them, you can find women and children locked in
literal cages.\17\
---------------------------------------------------------------------------
\17\ Testimony of Gary A. Haugen, President of the International
Justice Mission, Hearing Before the Subcommittee on Internal Operations
and Human Rights of the Committee on International Relations, Appx. p.
92, Serial No. 106-66, 106th Cong., 1st sess. (Sept. 14, 1999).

We also agree with the sponsor of the legislation, Rep.
Chris Smith, when he testified that the trafficking of women
and children is ``one of the modern world's most serious and
most widespread human rights problems.'' \18\
---------------------------------------------------------------------------
\18\ Statement of Rep. Chris Smith, ``Trafficking of Women and
Children in the International Sex Trade,'' Hearing Before the
Subcommittee on Internal Operations and Human Rights of the Committee
on International Relations, Appx. p. 56, Serial No. 106-66, 106th
Cong., 1st sess. (Sept. 14, 1999).
---------------------------------------------------------------------------
Unfortunately, the good intentions of Mr. Haugen and Rep.
Chris Smith have been severely diluted by the immigration-
related provisions reported by the Judiciary Committee. Reps.
Lamar Smith
(R-TX) and Charles Canady (R-FL) reached a so-called
``compromise'' on the morning of the mark-up without any input
from, or appreciable advance notice to, the Minority. It
appears that the bill was weakened due to concerns that some
individuals might receive a benefit through fraud. We deem it
highly unlikely that anyone would seek relief as a victim of
sex trafficking or involuntary servitude unless the facts
supported such a claim. Moreover, the immigration laws have a
well established framework for punishing those who abuse the
system through fraud and there is no reason to superimpose a
new set of immigration restrictions with regard to trafficking.
Our committee and our nation can do better than giving the
victims of sex trafficking and slavery immigration benefits on
the one hand, while denying many of them benefits with the
other hand through unnecessarily narrow requirements and
conditions. We owe these brave individuals and their families a
far more compassionate piece of legislation.

John Conyers, Jr.
Barney Frank.
Howard L. Berman.
Jerrold Nadler.
Robert C. Scott.
Melvin L. Watt.
Sheila Jackson Lee.
Maxine Waters.
Martin T. Meehan.
William D. Delahunt.
Steven R. Rothman.
Tammy Baldwin.
Anthony D. Weiner.