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



106th Congress                                            Rept. 106-487
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
               TRAFFICKING VICTIMS PROTECTION ACT OF 1999

                                _______
                                

               November 22, 1999.--Ordered to be printed

                                _______
                                

       Mr. Gilman, from the Committee on International Relations,

                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3244]

  The Committee on International Relations, 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, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  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 1999''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

 SEC. 2. PURPOSES AND FINDINGS.

  (a) Purposes.--The purposes of this Act are to combat trafficking in 
persons, a contemporary manifestation of slavery whose victims are 
predominantly women and children, to ensure just and effective 
punishment of traffickers, and to protect their victims.
  (b) Findings.--The Congress finds that:
          (1) Millions of people every year, primarily women or 
        children, are trafficked within or across international 
        borders. Approximately 50,000 women and children are trafficked 
        into the United States each year.
          (2) Many of these persons, of whom the overwhelming majority 
        are women and children, are trafficked into the international 
        sex trade, often by means of force, fraud, or coercion. The sex 
        industry has rapidly expanded over the past several decades. It 
        involves sexual exploitation of persons, predominantly women 
        and girls, within activities related to prostitution, 
        pornography, sex tourism, and other commercial sexual services. 
        The rapid expansion of the sex industry and the low status of 
        women in many parts of the world have contributed to a 
        burgeoning of the trafficking industry, of which sex 
        trafficking by force, fraud, and coercion is a major component.
          (3) Trafficking in persons is not limited to sex trafficking, 
        but often involves forced labor and other violations of 
        internationally recognized human rights. The worldwide 
        trafficking of persons is a growing transnational crime, 
        migration, economics, labor, public health, and human rights 
        problem that is significant on nearly every continent.
          (4) Traffickers primarily target women and girls, who are 
        disproportionately affected by poverty, lack of access to 
        education, chronic unemployment, discrimination, and lack of 
        viable economic opportunities in countries of origin. 
        Traffickers lure women and girls into their networks through 
        false promises of good working conditions at relatively high 
        pay as nannies, maids, dancers, factory workers, restaurant 
        workers, sales clerks, or models. Traffickers also buy girls 
        from poor families and sell them into prostitution or into 
        various types of forced or bonded labor.
          (5) Traffickers often facilitate victims' movement from their 
        home communities to unfamiliar destinations, away from family 
        and friends, religious institutions, and other sources of 
        protection and support, making the victims more vulnerable.
          (6) Victims are often forced to engage in sex acts or to 
        perform labor or other services through physical violence, 
        including rape and other forms of sexual abuse, torture, 
        starvation, and imprisonment, through threats of violence, and 
        through other forms of psychological abuse and coercion.
          (7) Trafficking is perpetrated increasingly by organized and 
        sophisticated criminal enterprises. Trafficking in persons is 
        the fastest growing source of profits for organized criminal 
        enterprises worldwide. Profits from the trafficking industry 
        contribute to the expansion of organized criminal activity in 
        the United States and around the world. Trafficking often is 
        aided by official corruption in countries of origin, transit, 
        and destination, thereby threatening the rule of law.
          (8) Traffickers often make representations to their victims 
        that physical harm may occur to them or to others should the 
        victim escape or attempt to escape. Such representations can 
        have the same coercive effects on victims as specific threats 
        to inflict such harm.
          (9) Sex trafficking, when it involves the involuntary 
        participation of another person in sex acts by means of fraud, 
        force, or coercion, includes all the elements of the crime of 
        forcible rape, which is defined by all legal systems as among 
        the most serious of all crimes.
          (10) Sex trafficking also involves frequent and serious 
        violations of other laws, including labor and immigration codes 
        and laws against kidnapping, slavery, false imprisonment, 
        assault, battery, pandering, fraud, and extortion.
          (11) Women and children trafficked into the sex industry are 
        exposed to deadly diseases, including HIV and AIDS. Trafficking 
        victims are sometimes worked or physically brutalized to death.
          (12) Trafficking in persons substantially affects interstate 
        and foreign commerce. The United States must take action to 
        eradicate the substantial burdens on commerce that result from 
        trafficking in persons and to prevent the channels of commerce 
        from being used for immoral and injurious purposes.
          (13) Trafficking of persons in all its forms is an evil that 
        calls for concerted and vigorous action by countries of origin, 
        transit countries, receiving countries, and international 
        organizations.
          (14) Existing legislation and law enforcement in the United 
        States and in other nations around the world have proved 
        inadequate to deter trafficking and to bring traffickers to 
        justice, principally because such legislation and enforcement 
        do not reflect the gravity of the offenses involved. No 
        comprehensive law exists in the United States that penalizes 
        the range of offenses involved in the trafficking scheme. 
        Instead, even the most brutal instances of forcible sex 
        trafficking are often punished under laws that also apply to 
        far less serious offenses such as consensual sexual activity 
        and illegal immigration, so that traffickers typically escape 
        severe punishment.
          (15) In the United States, the seriousness of the crime of 
        trafficking in persons is not reflected in current sentencing 
        guidelines for component crimes of the trafficking scheme, 
        which results in weak penalties for convicted traffickers. 
        Adequate services and facilities do not exist to meet the 
        health care, housing, education, and legal assistance needs for 
        the safe reintegration of domestic trafficking victims.
          (16) In some countries, enforcement against traffickers is 
        also hindered by official indifference, by corruption, and 
        sometimes even by active official participation in trafficking.
          (17) Because existing laws and law enforcement procedures 
        often fail to make clear distinctions between victims of 
        trafficking and persons who have knowingly and willfully 
        violated laws, and because victims often do not have legal 
        immigration status in the countries into which they are 
        trafficked, the victims are often punished more harshly than 
        the traffickers themselves.
          (18) Because victims of trafficking are frequently unfamiliar 
        with the laws, cultures, and languages of the countries into 
        which they have been trafficked, and because they are often 
        subjected to coercion and intimidation including physical 
        detention, debt bondage, fear of retribution, and fear of 
        forcible removal to countries in which they will face 
        retribution or other hardship, these victims often find it 
        difficult or impossible to report the crimes committed against 
        them or to assist in the investigation and prosecution of such 
        crimes.
          (19) The United States and the international community are in 
        agreement that trafficking in persons often involves grave 
        violations of human rights and is a matter of pressing 
        international concern. The Universal Declaration of Human 
        Rights; the Supplementary Convention on the Abolition of 
        Slavery, the Slave Trade, and Institutions and Practices 
        Similar to Slavery; the International Covenant on Civil and 
        Political Rights; the Convention on the Elimination of All 
        Forms of Discrimination Against Women; the Convention Against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment, and other relevant instruments condemn slavery and 
        involuntary servitude, violence against women, and other 
        components of the trafficking scheme.
          (20) One of the founding documents of the United States, the 
        Declaration of Independence, recognizes the inherent dignity 
        and worth of all people. It states that all men are created 
        equal and that they are endowed by their Creator with certain 
        unalienable rights. The right to be free from slavery and 
        involuntary servitude is among those unalienable rights. 
        Acknowledging this fact, the United States outlawed slavery and 
        involuntary servitude in 1865, recognizing them as evil 
        institutions that must be abolished. Current practices of 
        sexual slavery and trafficking of women and children are 
        similarly abhorrent to the principles upon which our country 
        was founded.
          (21) The Universal Declaration of Human Rights recognizes the 
        right to be free from slavery and involuntary servitude, 
        arbitrary detention, degrading or inhuman treatment, and 
        arbitrary interference with privacy or the family, as well as 
        the right to protection by law against these abuses.
          (22) The United Nations General Assembly has passed three 
        resolutions during the last 3 years (50/167, 51/66, and 52/98) 
        recognizing that the international traffic in women and girls, 
        particularly for purposes of forced prostitution, is a matter 
        of pressing international concern involving numerous violations 
        of fundamental human rights. The resolutions call upon 
        governments of receiving countries as well as countries of 
        origin to strengthen their laws against such practices, to 
        intensify their efforts to enforce such laws, and to ensure the 
        full protection, treatment, and rehabilitation of women and 
        children who are victims of trafficking.
          (23) The Final Report of the World Congress against Sexual 
        Exploitation of Children, held in Stockholm, Sweden, in August 
        1996, recognized that international sex trafficking is a 
        principal cause of increased exploitation and degradation of 
        children.
          (24) The Fourth World Conference on Women (Beijing 
        Conference) called on all governments to take measures, 
        including legislative measures, to provide better protection of 
        the rights of women and girls who are victims of trafficking, 
        to address the root factors that put women and girls at risk to 
        traffickers, and to take measures to dismantle the national, 
        regional, and international networks on trafficking.
          (25) In the 1991 Moscow Document of the Organization for 
        Security and Co-operation in Europe, participating states, 
        including the United States, agreed to seek to eliminate all 
        forms of violence against women, and all forms of traffic in 
        women and exploitation of prostitution of women including by 
        ensuring adequate legal prohibitions against such acts and 
        other appropriate measures.
          (26) Numerous treaties to which the United States is a party 
        address government obligations to combat trafficking, including 
        such treaties as the 1956 Supplementary Convention on the 
        Abolition of Slavery, the Slave Trade and Institutions and 
        Practices Similar to Slavery, which calls for the complete 
        abolition of debt bondage and servile forms of marriage, and 
        the 1957 Abolition of Forced Labor Convention, which undertakes 
        to suppress and requires signatories not to make use of any 
        forced or compulsory labor.
          (27) Trafficking in persons is a transnational crime with 
        national implications. In order to deter international 
        trafficking and to bring its perpetrators to justice, nations 
        including the United States must recognize that trafficking is 
        a serious offense and must act on this recognition by 
        prescribing appropriate punishment, by giving the highest 
        priority to investigation and prosecution of trafficking 
        offenses, and by protecting rather than punishing the victims 
        of such offenses. The United States must work bilaterally and 
        multilaterally to abolish the trafficking industry and take 
        steps to promote and facilitate cooperation among countries 
        linked together by international trafficking routes. The United 
        States must also urge the international community to take 
        strong action in multilateral fora to engage recalcitrant 
        countries in serious and sustained efforts to eliminate 
        trafficking and protect trafficking victims.

SEC. 3. DEFINITIONS.

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

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

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

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

  (a) Establishment.--The President shall establish an Interagency Task 
Force to Monitor and Combat Trafficking (in this 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 or control of the Federal Government and to the extent 
        practicable, shall be housed in appropriate shelter as quickly 
        as possible, receive prompt medical care, food, and other 
        assistance, and be provided protection if a victim's safety is 
        at risk or if there is danger of additional harm by recapture 
        of the victim by a trafficker.
          (2) Victims of severe forms of trafficking shall not be 
        jailed, fined, or otherwise penalized due to having been 
        trafficked.
          (3) Victims of severe forms of trafficking shall have access 
        to legal assistance, information about their rights, and 
        translation services.
          (4) Federal law enforcement officials shall act to ensure an 
        alien individual's continued presence in the United States, if 
        after an assessment, it is determined that such individual is a 
        victim of trafficking or a material witness, in order to 
        effectuate prosecution of those responsible and to further the 
        humanitarian interests of the United States, and such officials 
        in investigating and prosecuting traffickers shall take into 
        consideration the safety and integrity of trafficking victims.
          (5) Appropriate personnel of the Department of State and the 
        Department of Justice are trained in identifying victims of 
        severe forms of trafficking and providing for the protection of 
        such victims. Training under this paragraph should include 
        methods for achieving antitrafficking objectives through the 
        nondiscriminatory application of immigration and other related 
        laws.
  (d) Construction.--Nothing in subsection (c) shall be construed as 
creating any private cause of action against the United States or its 
offices or employees.
  (e) Funding.--Funds from asset forfeiture under section 1592 of title 
18, United States Code, are authorized to be available in equal amounts 
for the purposes of subsections (a) and (b) and shall remain available 
for obligation until expended.
  (f) Protection From Removal for Certain Victims of Trafficking.--
          (1) Nonimmigrant classification for certain victims of 
        trafficking.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                  (A) by striking ``or'' at the end of subparagraph 
                (R);
                  (B) by striking the period at the end of subparagraph 
                (S) and inserting ``; or''; and
                  (C) by adding at the end the following new 
                subparagraph:
          ``(T) an alien who the Attorney General determines--
                  ``(i) is physically present in the United States or 
                at a port of entry thereto;
                  ``(ii) is or has been a victim of a severe form of 
                trafficking in persons as defined in section 3 of the 
                Trafficking Victims Protection Act of 1999;
                  ``(iii)(I) has not unreasonably refused to assist in 
                the investigation or prosecution of acts of 
                trafficking; or
                  ``(II) has not attained the age of 14 years; and
                  ``(iv) would face a significant possibility of 
                retribution or other hardship if removed from the 
                United States, and, if the Attorney General considers 
                it to be appropriate, the spouse, married and unmarried 
                sons and daughters, and parents of an alien described 
                in this subparagraph if accompanying, or following to 
                join, the alien, except that no person shall be 
                eligible for admission to the United States under this 
                subparagraph if there is substantial reason to believe 
                that the person has committed an act of a severe form 
                of trafficking in persons as defined in section 3 of 
                the Trafficking Victims Protection Act of 1999.''.
          (2) Waiver of grounds for ineligibility for admission.--
        Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)) is amended by adding at the end the following new 
        paragraph:
          ``(13) The Attorney General shall determine whether a ground 
        for inadmissibility exists with respect to a nonimmigrant 
        described in section 101(a)(15)(T). The Attorney General, in 
        the Attorney General's discretion, may waive the application of 
        subsection (a) (other than paragraph (3)(E)) in the case of a 
        nonimmigrant described in section 101(a)(15)(T), if the 
        Attorney General considers it to be in the national interest to 
        do so. Nothing in this section shall be regarded as prohibiting 
        the Immigration and Naturalization Service from instituting 
        removal proceedings against an alien admitted as a nonimmigrant 
        under section 101(a)(15)(T) for conduct committed after the 
        alien's admission into the United States, or for conduct or a 
        condition that was not disclosed to the Attorney General prior 
        to the alien's admission as a nonimmigrant under section 
        101(a)(15)(T).''.
          (3) Adjustment to permanent resident status.--Section 245 of 
        the Immigration and Nationality Act (8 U.S.C. 1255) is amended 
        by adding at the end the following new subsection:
  ``(l)(1) If, in the opinion of the Attorney General, a nonimmigrant 
admitted into the United States under section 101(a)(15)(T)--
          ``(A) has been physically present in the United States for a 
        continuous period of at least 3 years since the date of 
        admission as a nonimmigrant under section 101(a)(15)(T);
          ``(B) has, throughout such period, been a person of good 
        moral character;
          ``(C) has not, during such period, unreasonably refused to 
        provide assistance in the investigation or prosecution of acts 
        of trafficking; and
          ``(D) would face a significant possibility of retribution or 
        other hardship if removed from the United States,
the Attorney General may adjust the status of the alien (and the 
spouse, married and unmarried sons and daughters, and parents of the 
alien if admitted under that section) to that of an alien lawfully 
admitted for permanent residence if the alien is not described in 
section 212(a)(3)(E).
  ``(2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph 
(1)(A) if the alien has departed from the United States for any period 
in excess of 90 days or for any periods in the aggregate exceeding 180 
days.''.

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

  (a) Minimum Standards.--Minimum standards for the elimination of 
trafficking for a country that is a country of origin, of transit, or 
of destination for a significant number of victims are as follows:
          (1) The country should prohibit severe forms of trafficking 
        in persons and punish acts of such trafficking.
          (2) For the knowing commission of any act of sex trafficking 
        involving fraud, force, or coercion or in which the victim of 
        sex trafficking is a child incapable of giving meaningful 
        consent, or of trafficking which includes rape or kidnapping or 
        which causes a death, the country should prescribe punishment 
        commensurate with that for the most serious crimes, such as 
        forcible sexual assault.
          (3) For the knowing commission of any act of a severe form of 
        trafficking in persons, the country should prescribe punishment 
        which is sufficiently stringent to deter and which adequately 
        reflects the heinous nature of the offense.
          (4) The country should make serious and sustained efforts to 
        eliminate severe forms of trafficking in persons.
  (b) Criteria.--In determinations under subsection (a)(3) the 
following factors should be considered:
          (1) Whether the country vigorously investigates and 
        prosecutes acts of severe forms of trafficking in persons that 
        take place wholly or partly within the territory of the 
        country.
          (2) Whether the country cooperates with other countries in 
        the investigation and prosecution of severe forms of 
        trafficking in persons.
          (3) Whether the country extradites persons charged with acts 
        of severe forms of trafficking in persons on the same terms and 
        to the same extent as persons charged with other serious 
        crimes.
          (4) Whether the country monitors immigration and emigration 
        patterns for evidence of severe forms of trafficking in persons 
        and whether law enforcement agencies of the country respond to 
        any such evidence in a manner which is consistent with the 
        vigorous investigation and prosecution of acts of such 
        trafficking, as well as with the protection of victims and the 
        internationally recognized human right to travel.
          (5) Whether the country protects victims of severe forms of 
        trafficking in persons and encourages their assistance in the 
        investigation and prosecution ofsuch 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 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 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 disclosethe 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.
  (d) 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.
  (e) Exclusion of Persons Who Have Benefited From Illicit Activities 
of Traffickers in Persons.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting the 
following new subparagraph at the end:
                  ``(H) Significant traffickers in persons.--Any alien 
                who--
                          ``(i) is on the most recent list of 
                        significant traffickers provided in section 10 
                        of the Trafficking Victims Protection Act of 
                        1999, or who the consular officer or the 
                        Attorney General knows or has reason to believe 
                        is or has been a knowing aider, abettor, 
                        assister, conspirator, or colluder with such a 
                        trafficker in severe forms of trafficking in 
                        persons as defined in section 3 of such Act; or
                          ``(ii) who the consular officer or the 
                        Attorney General knows or has reason to believe 
                        is the spouse, son, or daughter of an alien 
                        inadmissible under clause (i), has, within the 
                        previous 5 years, obtained any financial or 
                        other benefit from the illicit activity of that 
                        alien, and knew or reasonably should have known 
                        that the financial or other benefit was the 
                        product of such illicit activity, is 
                        inadmissible.''.
  (f) 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.
  (g) Definition of Foreign Person.--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 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.'';
          (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 pretenses 
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 victim's losses, as determined by the court 
under paragraph (3) of this subsection.
  ``(2) An order of restitution under this section shall be issued and 
enforced in accordance with section 3664 in the same manner as an order 
under section 3663A.
  ``(3) As used in this subsection, the term `full amount of the 
victim's losses' has the same meaning as provided in section 2259(b)(3) 
and shall in addition include the greater of the gross income or value 
to the defendant of the victim's services or labor or the value of the 
victim's labor as guaranteed under the minimum wage and overtime 
guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
  ``(c) As used in this section, the term `victim' means the individual 
harmed as a result of a crime under this chapter, including, in the 
case of a victim who is under 18 years of age, incompetent, 
incapacitated, or deceased, the legal guardian of the victim or a 
representative of the victim's estate, or another family member, or any 
other person appointed as suitable by the court, but in no event shall 
the defendant be named such representative or guardian.

``Sec. 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 or 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 forfeit to the United States--
          ``(A) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
          ``(B) any property, real or personal, constituting or derived 
        from, any proceeds that such person obtained, directly or 
        indirectly, as a result of such violation.
  ``(2) The criminal forfeiture of property under this subsection, any 
seizure and disposition thereof, and any administrative or judicial 
proceeding in relation thereto, shall be governed by the provisions of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853), except subsection (d) of that section.
  ``(d)(1) The following shall be subject to forfeiture to the United 
States and no property right shall exist in them--
          ``(A) any property, real or personal, used or intended to be 
        used to commit or to facilitate the commission of any violation 
        of this chapter; and
          ``(B) any property, real or personal, which constitutes or is 
        derived from proceeds traceable to any violation of this 
        chapter.
  ``(2) The provisions of chapter 46 of this title relating to civil 
forfeitures shall extend to any seizure or civil forfeiture under this 
subsection.
  ``(f) Witness Protection.--Any violation of this chapter shall be 
considered an organized criminal activity or other serious offense for 
the purposes of application of chapter 224 (relating to witness 
protection).''; and
          (3) by amending the table of sections at the beginning of 
        chapter 77 by adding at the end the following new items:

``1589. Trafficking into involuntary servitude, peonage, or slavery-
like conditions.
``1589A. Sex trafficking of children or by force, fraud, or coercion.
``1590. Unlawful possession of documents in furtherance of trafficking 
involuntary servitude, or peonage.
``1591. Mandatory restitution.
``1592. General provisions.''.

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

 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

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

                         Background and Purpose

    H.R. 3244, the Trafficking Victims Protection Act of 1999, 
is a bipartisan effort to combat the growing problem of 
trafficking in persons, a contemporary manifestation of slavery 
whose victims are predominantly women and children.
    Trafficking in human beings is a global issue. Millions of 
people, predominantly women and children, are trafficked around 
the world each year. The U.S. intelligence community estimates 
that 45,000 to 50,000 women and children are trafficked 
annually into major cities in the United States, primarily from 
the Former Soviet Union and Southeast Asia.
    Trafficking networks, dominated by organized criminal 
groups, lure or force victims into the industry using various 
schemes. Traffickers buy young girls from relatives, kidnap 
children from their homes, or lure women with false promises of 
earning money overseas as maids, factory workers, sales clerks, 
dancers, or models. Traffickers then use tactics including 
rape, starvation, torture, extreme physical brutality, and 
psychological abuse to hold victims under slavery-like 
conditions in prostitution or in forced labor as, among other 
things, sweatshop laborers and domestic servants.
    In New York, hearing impaired men and women were recruited 
from Mexico and brutalized into selling trinkets on the street. 
In the Carolinas, teenage girls were held in slavery and forced 
to work as prostitutes. In Chicago, traffickers met Russian and 
Latvian women at the airport, seized their passports and return 
tickets, beat them, and threatened to kill their families if 
the women refused to dance nude in a nightclub. In Florida, 
traffickers used alcohol and drugs to lure field workers to 
isolated locations and hold them under cruel conditions of debt 
bondage.
    Worldwide, the trafficking industry is the fastest growing 
and third largest source of profits for organized criminal 
enterprises, behind only drugs and firearms. Profits from the 
trafficking industry contribute to the expansion of organized 
criminal activity in the United States and around the world.
    No comprehensive law exists in the United States that 
penalizes the range of offenses involved in the trafficking 
scheme. Existing U.S. laws and infrastructure are not 
sufficient to deter trafficking to and from the United States 
and protect domestic trafficking victims. At present, 
traffickers are prosecuted in the United States for violating 
laws related only to components of the trafficking scheme, such 
as involuntary servitude, slave trade offenses, peonage, 
transportation for coerced or illegal sexual activities, and 
immigration violations. Adequate services and facilities do not 
exist in the U.S. to meet the healthcare, housing, education, 
and legal assistance needs for the safe reintegration of 
domestic trafficking victims into the larger society.
    Because existing laws and enforcement procedures often fail 
to make clear distinctions between victims of severe forms of 
trafficking and persons who have willfully violated such laws 
such as those against prostitution, 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.
    On March 25, 1999, Representatives Christopher Smith and 
Marcy Kaptur introduced H.R. 1356, the Freedom from Sexual 
Trafficking Act of 1999. The bill targeted the trafficking of 
women and children into sex industries--a growing and 
particularly brutal form of the international traffic in 
persons--using a balanced regime of increased criminal 
penalties, new governmental incentives, and additional victim 
assistance and protections. Among other things, H.R. 1356 
proposed: new and increased criminal penalties for sex 
trafficking; the establishment of an Office of the Protection 
of Victims of Trafficking in the State Department; the 
prohibition of nonhumanitarian U.S. assistance to foreign 
countries that tolerate or condone sex trafficking; grants to 
help foreign governments investigate and prosecute sex 
trafficking and draft antitrafficking laws; grants for victim 
protection and rehabilitation; and relief from deportation for 
victims who would face retribution or other hardship if they 
were removed from the United States.
    On August 4, 1999, the Subcommittee on International 
Operations and Human Rights conducted a markup of H.R. 1356. 
After agreeing to a brief amendment suggested by Representative 
McKinney and offered by Chairman Smith, which moved the new 
State Department office from the Office of the Secretary to the 
Bureau of Democracy, Human Rights, and Labor, the Subcommittee 
favorably reported the bill to the full Committee on 
International Relations.
    On September 14, 1999, the Subcommittee on International 
Operations and Human Rights held a hearing on ``Trafficking of 
Women and Children in the International Sex Trade.'' and 
received testimony from the following witnesses: The Honorable 
Harold Koh, Assistant Secretary of State for the Bureau of 
democracy, Human Rights and Labor; Ms. Theresa Loar, the 
Director of the President's Interagency Council on Women; Dr. 
Laura J. Lederer, the Project Manager of the Protection Project 
at Harvard University's Kennedy School of Government; Mr. Gary 
A. Haugen, President of the International Justice Mission; and 
Ms. Anita Sharma Bhattarai (a pseudonym used to protect the 
safety of the witness), a trafficking survivor from Nepal.
    On October 27, 1999, Representative Gejdenson introduced 
H.R. 3154, the Comprehensive Anti-Trafficking in Persons Act of 
1999. Recognizing that trafficking victims are forced into a 
range of slavery-like conditions, H.R. 3154 aimed to combat all 
forms of trafficking in persons in the United States and 
abroad. The bill included measures to criminalize all forms of 
trafficking in the United States and increase penalties for 
violations under existing slavery and peonage statues of the 
U.S. criminal code. To facilitate and oversee interagency 
cooperation in the implementation of the Act, the bill also 
required the President to establish an interagency task force 
comprised of cabinet-level members and chaired by the Secretary 
of State. The bill allowed for the creation of an Office within 
the Department of State to support the work of the task force. 
The legislation additionally sought to prevent trafficking by 
addressing economic deprivation disproportionately affecting 
women and girls as a root cause of the industry and included 
strong provisions to protect and assist domestic trafficking 
victims. The bill allowed the President to impose International 
Emergency Economic Powers Act sanctionsagainst foreign 
individuals who play a significant role in the trafficking of persons.
    On March 23, 1999, Representative Louise Slaughter 
introduced H.R. 1238, the International Trafficking of Women 
and Children Victim Protection Act of 1999, the companion bill 
to S. 600, introduced by Senator Paul Wellstone. This bill took 
steps to condemn and combat the international crime of 
trafficking in women and children, which included a broad range 
of offenses including sex trafficking as well as other forms of 
trafficking in persons. It proposed: creating an interagency 
task force within the Department of State to evaluate and 
report on foreign governments that tolerate or participate in 
trafficking and fail to cooperate with international efforts to 
prosecute perpetrators; assisting trafficking victims in the 
United States by providing humanitarian assistance and by 
providing them temporary nonimmigrant status in the United 
States; requiring that law enforcement officers, immigration 
officials, and Foreign Service Officers be trained in 
identifying and responding to trafficking victims; and denying 
United States police assistance to governments that tolerate or 
participate in trafficking, abuse victims, or fail to cooperate 
with international efforts to prosecute perpetrators.
    H.R. 3244, which was introduced on November 8, 1999, merges 
the approaches of the three bills (H.R. 1238, H.R. 1356, and 
H.R. 3154), drawing from the strengths of each proposal. The 
Act strengthens United States anti-trafficking policy by 
increasing efforts to prevent trafficking, improving the laws 
used to prosecute traffickers, and providing additional 
assistance to trafficking victims.
    H.R. 3244 establishes a two-tier definition of trafficking, 
involving ``sex trafficking'' under the first tier and ``severe 
forms of trafficking in persons'' under the second. ``Severe 
forms of trafficking in persons'' is the operative term for 
enforcement and sanctions against individuals and governments 
under the Act. This Act criminalizes severe forms of 
trafficking in the United States, provides penalties up to life 
imprisonment for traffickers, and strengthens protections for 
trafficking victims.
    H.R. 3244 also works through U.S. international affairs 
agencies to encourage international cooperation and engage 
foreign governments in the fight against severe forms of 
trafficking. This Act provides a basic legislative framework to 
prevent trafficking, stop traffickers, and assist trafficking 
victims in the United States and around the world, and should 
support ongoing international negotiations that seek consensus 
on ways to combat trafficking worldwide.

                            Committee Action

    H.R. 3244 was introduced by Representative Smith of New 
Jersey on November 8, 1999. The bill was referred to the 
Committee on International Relations, and in addition to the 
Committees on the Judiciary, and Banking and Financial 
Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned.
    The Committee on International Relations marked up the bill 
in open session, pursuant to notice, on November 9, 1999. 
During its consideration, the Committee agreed to a single 
amendment, to add a paragraph to the ``findings'' section of 
the bill and the Committee adopted a substitute consisting of 
the text as amended. Subsequently, the Committee agreed to a 
motion to favorably report the bill to the House of 
Representatives, by voice vote, a quorum being present.

            RECORD VOTES ON AMENDMENTS AND MOTION TO REPORT

    Clause (3)(b) of rule XIII of the Rules of the House of 
Representatives requires that the results of each record vote 
on an amendment or motion to report, together with the names of 
those voting for or against, be printed in the committee 
report. No record votes were taken during the consideration of 
H.R. 3244.

                             Other Matters


                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports 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

    Clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives requires each committee report to contain a 
summary of the oversight findings and recommendations made by 
the Government Reform Committee pursuant to clause (4)(c)(2) of 
rule X of those Rules. The Committee on International Relations 
has received no such findings or recommendations from the 
Committee on Government Reform.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    In compliance with clause 3(d)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee cites the 
following specific powers granted to the Congress in the 
Constitution as authority for enactment of H.R. 3244 as 
reported by the Committee: Article I, section 8, clause 1 
(relating to providing for the common defense and general 
welfare of the United States); Article I, section 8, clause 3 
(relating to the regulation of commerce with foreign nations); 
and Article I, section 8, clause 18 (relating to making all 
laws necessary and proper for carrying into execution powers 
vested by the Constitution in the Government of the United 
States or in any Department or Officer thereof).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any committee on a bill or joint 
resolution to include a committee statement on the extent to 
which the bill or joint resolution is intended to preempt state 
or local law. The Committee states that H.R. 3244 is not 
intended to preempt any state or local law.

                      Section-by-Section Analysis


Sec. 1. Short Title; table of contents

    This section states that this Act may be cited as the 
``Trafficking Victims Protection Act of 1999'' and lists its 
contents.

Sec. 2. Purposes and findings

    This section states that the purposes of this Act are to 
combat trafficking in persons, to ensure just punishment of 
traffickers, and to protect their victims. The Congress finds 
that every year millions of people, predominantly women and 
children, are trafficked within or across international 
borders. Many victims are trafficked into the international sex 
industry, often through force, fraud, or coercion. Trafficking 
in persons is not limited to sex trafficking, but often 
involves forced labor and other violations of human rights. 
Trafficking is a growing transnational problem that is 
increasingly perpetrated by organized criminal enterprises. 
Existing legislation and law enforcement in the United States 
and abroad is inadequate to deter trafficking, bring 
traffickers to justice, and meet the safe reintegration needs 
of trafficking victims. In some countries, anti-trafficking 
efforts are hindered by official indifference, corruption, and 
sometimes even official participation in trafficking. 
Trafficking in persons is a matter of pressing international 
concern and the United States must work bilaterally and 
multilaterally to abolish trafficking and protect trafficking 
victims.

Sec. 3. Definitions

    This section defines certain terms used in this Act. ``Sex 
trafficking'' is defined as the purchase, sale, recruitment, 
harboring, transportation, transfer, or receipt of a person for 
the purpose of a commercial sex act. ``Severe forms of 
trafficking in persons'' is defined as sex trafficking induced 
by force, fraud, or coercion, or involving a person under the 
age of 18, as well as trafficking for the purpose of subjecting 
the trafficked person to involuntary servitude, slavery, or 
slavery-like practices by force, fraud, or coercion. ``Slavery-
like practices'' means inducement of a person to perform labor 
or other services by force, 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 amounting to involuntary servitude, or subjection 
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. In the context of this bill, ``serious 
harm'' could include physical restraint that severely limits 
freedom of movement. ``Coercion,'' as defined, includes the use 
of force, violence, and physical restraint, as well as acts 
calculated to have the same effect (such as the credible threat 
of serious harm). In various places, the act uses more general 
terms such as ``trafficking'' or ``trafficking in persons.'' In 
such contexts, these terms are intended to be used in a more 
general sense, giving the President and other officials some 
degree of discretion to apply the relevant provision to a 
broader range of actions or victims beyond those associated 
with severe forms of trafficking in persons. Such discretion is 
particularly appropriate in assistance to and protection of 
victims, because trafficked women and children may have a 
compelling needfor such assistance and protection even though 
they have not been subjected to severe forms of trafficking.

Sec. 4. Annual Country Reports on human rights practices

    This section requires the Secretary of State to include in 
the annual Country Reports information regarding the status of 
trafficking in persons, including countries or origin, transit 
or destination for a significant number of victims of severe 
forms of trafficking in persons and the extent to which the 
government of those countries are involved in such trafficking, 
and an assessment on the steps governments are taking to combat 
trafficking, and to assist victims of trafficking and protect 
their rights.

Sec. 5. Interagency Task Force to monitor and combat trafficking

    Trafficking in persons is a complex problem that involves 
multiple issues, including translational crime, human rights, 
economics, migration, labor, and public health. To effectively 
combat trafficking in the United States and abroad, the 
Departments of State, Justice, Labor, and Health and Human 
Services and the Agency for International Development must work 
together to address the many issues surrounding the trafficking 
industry.
    To facilitate and oversee cooperation among the U.S. 
agencies engaged in the implementation of the Act, this section 
requires the President to establish an Inter-Agency Task Force 
to Monitor and Combat Trafficking and authorizes the 
establishment an Office in the State Department to provide 
assistance to the Task Force. It charges the Task Force with: 
coordinating the implementation of this Act; evaluating 
progress in trafficking prevention, victim assistance, and the 
prosecution of traffickers; expanding the collection of 
trafficking data by government agencies; facilitating 
cooperation among countries to prevent trafficking, prosecute 
traffickers, and assist victims; and examining the 
international ``sex tourism'' industry and recommending 
appropriate measure to combat it.

Sec. 6. Prevention of trafficking

    Economic deprivation drives the trafficking industry. 
Traffickers 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 
with promises of high-paying jobs overseas or buy girls from 
poor families.
    Section 6 addresses economic deprivation as a root cause of 
trafficking. This section charges the President--acting through 
the Agency for International Development and other agencies and 
in consultation with appropriate non-governmental 
organizations--with establishing initiatives to enhance 
economic opportunity for potential trafficking victims as a 
means of deterring trafficking, such as microcredit lending 
programs, training, and education. It directs the President to 
establish programs to increase public awareness of the dangers 
oftrafficking and the protections available to victims.

Sec. 7. Protection and assistance for victims of trafficking

    The United States and countries around the world lack 
sufficient infrastructure to meet the needs of trafficking 
victims. This section seeks to expend domestic services 
available to trafficking victims and to increase the capacity 
of foreign countries to assist trafficking victims.
    Subsection (a) charges the State Department and AID with 
establishing programs and initiatives in foreign countries to 
assist victims of trafficking.
    Subsection (b) directs the Attorney General, the 
Secretaries of Labor and of Health and Human Services, and the 
Board of Directors of the Legal Services Corporation to expand 
assistance to victims of severe forms of trafficking in the 
United States. It also makes victims of severe forms of 
trafficking in the United States eligible for benefits under 
the Crime Victims Fund, and allows the Attorney General to make 
grants to local governments and nonprofit organizations to 
expand services for victims of trafficking. Furthermore, it 
provides trafficking victims a civil right of action against 
traffickings for violations of 18 U.S.C. Sec. 1589 (trafficking 
into slavery-like conditions) or Sec. 1589A (sex trafficking of 
children or by force, fraud, or coercion).
    Subsection (c) requires the Attorney General and the 
Secretary of State to promulgate regulations to ensure that: 
(1) victims of severe forms of trafficking are provided with 
adequate shelter and care while in Federal custody; (2) victims 
are not jailed or fined merely because they were trafficked; 
(3) victims have access to legal assistance and translation 
services; (4) victims are assured continuous presence in the 
United States to assist in the prosecution of traffickers; and 
(5) State and Justice Department personnel are trained in 
identifying and protecting victims of severe forms of 
trafficking.
    Subsection (d) makes clear that nothing in subsection (c) 
creates a private cause of action against the United States or 
its employees.
    Subsection (e) makes funds derived from the sale of assets 
seized from and forfeited by trafficking (pursuant to section 
12(a) of this Act) available for the victims assistance 
programs outlined in subsections (a) and (b), above.
    Subsection (f) authorizes the Attorney General to grant 
nonimmigrant visas to certain victims of severe forms of 
trafficking who are in the United States and who would face a 
significant possibility of retribution or other harm if they 
were removed from the U.S. It also allows adjustment to lawful 
permanent resident status for victims who have been in the U.S. 
continuously for 3 years since admission; have remained of good 
moral character; have not unreasonably refused to assist in 
trafficking investigations or prosecutions; and would face a 
significant possibility of retribution or other harm if removed 
from the United States.

Sec. 8 Minimum standards for the elimination of trafficking

    This section establishes minimum standards applicable to 
countries that have a significant trafficking problem, 
requiring them to prohibit and adequately punish severe forms 
of trafficking in persons, and to make serious and sustained 
efforts to eliminate such trafficking.

Sec. 9. Assistance to foreign countries to meeting minimum standards

    This section authorizes the Agency for International 
Development to fund activities designed to help foreign 
countries meet the minimum standards outlined in section 8(a) 
of this Act. Such activities include, but are not limited to, 
assistance in drafting anti-trafficking legislation, training 
law enforcement and judicial system officials in the 
investigation and prosecution of trafficking cases, and efforts 
by foreign governments to assist victims.

Sec. 10. Actions against governments failing to meet minimum standards

    This section requires the Secretary of State to submit to 
Congress an annual report on the status of severe forms of 
trafficking. The report will consist of a list of countries 
that do not meet the minimum standards set forth in section 
8(a) of the Act, together with such other information as the 
Secretary may wish to provide. The Secretary may also file 
interim reports. Beginning in FY2002, for each government that 
fails to meet the minimum standards, the President must either 
(a) withhold nonhumanitarian U.S. foreign assistance to that 
government and vote against nonhumanitarian assistance to that 
government by multilateral lending institutions during the 
following fiscal year, or (b) waive that prohibition if the 
President finds that the provision of nonhumanitarian 
assistance to that country is in the national interest of the 
United States. The two year delay in implementation of this 
provision is intended to give foreign governments time to come 
into compliance with the minimum standards.

Sec. 11. Action against significant traffickers in persons

    This section authorizes the Secretary of State to compile 
and publish a list of foreign persons who have a significant 
role in a severe form of trafficking in persons, directly or 
indirectly in the United States, who materially support such 
persons, or who are owned or controlled by such persons. It 
allows the President to impose International Emergency Economic 
Power Acts (IEEPA) sanctions, including the freezing of assets 
located in the United States, without regard to section 202 of 
such Act against any foreign person on that list, and requires 
that the President report to Congress on any such sanctions. It 
also allows for the non-disclosure of persons on the list for 
intelligence and law enforcement reasons, and requires that 
Congress be notified of such exclusions on an annual basis. 
Subsection (e) excludes significant traffickers, as well as 
people who knowingly assist them, from entry into the United 
States.

Sec. 12. Strengthening prosecution and punishment of traffickers

    This section seeks to criminalize trafficking in persons in 
the United States and to strengthen penalties against 
trafficking and components of the trafficking scheme.
    Subsection (a) includes amendments to Title 18 of the 
United States Code (Crimes andCriminal Procedure) that are 
intended to strengthen United States laws against trafficking.
    Subsection (a)(1) doubles the current maximum penalties for 
peonage, enticement into slavery, and sale into involuntary 
servitude to 20 years, and adds the possibility of life 
imprisonment for such violations where they result in death or 
involve kidnapping, aggravated sexual abuse, or an attempt to 
kill.
    The subsection also defines new criminal offenses aimed at 
traffickers and the criminal ``kingpins'' behind the growing 
problem of international trafficking. It criminalizes 
trafficking a person into involuntary servitude, peonage, or 
slavery-like conditions, which is punishable by 20 years in 
prison, or life in prison in cases that result in death or 
involve kidnapping, aggravated sexual abuse, or an attempt to 
kill. It also criminalizes sex trafficking of children, and 
provides penalties of up to life imprisonment in cases where 
the child was under 14, and up to 20 years in prison in cases 
where the trafficked child was 14 or older and no force, fraud, 
or coercion was involved. It also criminalizes sex trafficking 
by force, fraud, or coercion, which is punishable by life 
imprisonment. In addition to targeting those who recruit, 
transport, buy, or sell trafficking victims, each of these new 
offenses also applies to those who knowingly benefit from 
severe forms of trafficking, such as owners or managers of 
enterprises engaged in trafficking.
    Subsection (a)(1) also provides for up to five years 
imprisonment for anyone who unlawfully possesses or destroys 
the identification or immigration documents of another in the 
course of a trafficking violation, or in an attempt to impair a 
trafficking investigation or to restrict a victim's movement. 
In addition, it requires that convicted traffickers provide 
full restitution to their victims, and directs that courts 
order the forfeiture to the United States of any of the 
trafficker's property that was used for or derived from 
violations of these laws. Victims of these crimes will be 
eligible for the Federal witness protection program.
    Subsection (b) directs the U.S. Sentencing Commission to 
review and, if appropriate, amend the sentencing guidelines 
applicable to trafficking offenses to ensure that they are 
adequately stringent.
    Subsection (c) adds the new trafficking offenses to the 
list of ``racketeering activit[ies]'' for purposes of the 
Federal RICO statute.

Sec. 13. Authorization of appropriations

    This section authorizes a total of $94.5 million ($31.5 
million for FY2000, $63 million for FY01) in the following 
categories:
          (a) Interagency Task Force: $1.5 million for fiscal 
        year 2000, $3 million for fiscal year 2001;
          (b) Health and Human Services for victim assistance 
        in the United States: $5 million for fiscal year 2000, 
        $10 million for fiscal year 2001;
          (c) Department of State for foreign victim 
        assistance: $5 million for fiscal year 2000, $10 
        million for fiscal year 2001;
          (d) The Attorney General for victim assistance in the 
        United States: $5 million for fiscal year 2000, $10 
        million for fiscal year 2001;
          (e) The President for (1) foreign victim assistance: 
        $5 million for fiscal year 2000, $10 million for fiscal 
        year 2001, and (2) assistance to help countries meet 
        minimum trafficking standards: $5 million for fiscal 
        year 2000, $10 million for fiscal year 2001; and
          (f) Department of Labor for victim assistance in the 
        United States: $5 million for fiscal year 2000, $10 
        million for fiscal year 2001.

         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 italic, 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) an alien who the Attorney General determines--
                  (i) is physically present in the United 
                States or at a port of entry thereto;
                  (ii) is or has been a victim of a severe form 
                of trafficking in persons as defined in section 
                3 of the Trafficking Victims Protection Act of 
                1999;
                  (iii)(I) has not unreasonably refused to 
                assist in the investigation or prosecution of 
                acts of trafficking; or
                  (II) has not attained the age of 14 years; 
                and
                  (iv) would face a significant possibility of 
                retribution or other hardship if removed from 
                the United States, and, if the Attorney General 
                considers it to be appropriate, the spouse, 
                married and unmarried sons and daughters, and 
                parents of an alien described in this 
                subparagraph if accompanying, or following to 
                join, the alien, except that no person shall be 
                eligible for admission to the United States 
                under this subparagraph if there is substantial 
                reason to believe that the person has committed 
                an act of a severe form of trafficking in 
                persons as defined in section 3 of the 
                Trafficking Victims Protection Act of 1999.

           *       *       *       *       *       *       *


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) Significant traffickers in persons.--Any 
                alien who--
                          (i) is on the most recent list of 
                        significant traffickers provided in 
                        section 10 of the Trafficking Victims 
                        Protection Act of 1999, or who the 
                        consular officer or the Attorney 
                        General knows or has reason to believe 
                        is or has been a knowing aider, 
                        abettor, assister, conspirator, or 
                        colluder with such a trafficker in 
                        severe forms of trafficking in persons 
                        as defined in the section 3 of such 
                        Act; or
                          (ii) who the consular officer or the 
                        Attorney General knows or has reason to 
                        believe is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.

           *       *       *       *       *       *       *

      (d)(1)  * * *

           *       *       *       *       *       *       *

          (13) The Attorney General shall determine whether a 
        ground for inadmissibility exists with respect to a 
        nonimmigrant described in section 101(a)(15)(T). The 
        Attorney General, in the Attorney General's discretion, 
        may waive the application of subsection (a) (other than 
        paragraph (3)(E)) in the case of a nonimmigrant 
        described in section 101(a)(15)(T), if the Attorney 
        General considers it to be in the national interest to 
        do so. Nothing in this section shall be regarded as 
        prohibiting the Immigration and Naturalization Service 
        from instituting removal proceedings against an alien 
        admitted as a nonimmigrant under section 101(a)(15)(T) 
        for conduct committed after the alien's admission into 
        the United States, or for conduct or a condition that 
        was not disclosed to the Attorney General prior to the 
        alien's admission as a nonimmigrant under section 
        101(a)(15)(T).

           *       *       *       *       *       *       *


               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 admission as a nonimmigrant under section 
        101(a)(15)(T);
          (B) has, throughout such period, been a person of 
        good moral character;
          (C) has not, during such period, unreasonably refused 
        to provide assistance in the investigation or 
        prosecution of acts of trafficking; and
          (D) would face a significant possibility of 
        retribution or other hardship if removed from the 
        United States,
the Attorney General may adjust the status of the alien (and 
the spouse, married and unmarried sons and daughters, and 
parents of the alien if admitted under that section) to that of 
an alien lawfully admitted for permanent residence if the alien 
is not described in section 212(a)(3)(E).
  (2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under 
paragraph (1)(A) if the alien has departed from the United 
States for any period in excess of 90 days or for any periods 
in the aggregate exceeding 180 days.

           *       *       *       *       *       *       *

                              ----------                              


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

Sec. 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 or 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 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.