[House Report 109-317]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-317, Part I
======================================================================
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005
_______
November 18, 2005.--Ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
[To accompany H.R. 972]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 972) to authorize appropriations for
fiscal years 2006 and 2007 for the Trafficking Victims
Protection Act of 2000, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 10
Background and Need for the Legislation.......................... 11
Committee Consideration.......................................... 13
Votes of the Committee........................................... 13
Committee Oversight Findings..................................... 13
New Budget Authority and Tax Expenditures........................ 13
Congressional Budget Office Cost Estimate........................ 13
Constitutional Authority Statement............................... 16
Section-by-Section Analysis...................................... 16
New Advisory Committees.......................................... 27
Congressional Accountability Act................................. 27
Federal Mandates................................................. 27
Committee Jurisdiction Letters................................... 28
Changes in Existing Law Made by the Bill, as Reported............ 31
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trafficking Victims
Protection Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Prevention of trafficking in conjunction with post-conflict
and humanitarian emergency assistance.
Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in
persons.
Sec. 105. Additional activities to monitor and combat forced labor and
child labor.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and
strengthen assistance programs for certain persons subject to
trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in
persons.
Sec. 205. Report to Congress.
Sec. 206. Definitions.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated international
leadership in combating human trafficking and slavery through
the enactment of the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and
the Trafficking Victims Protection Reauthorization Act of 2003
(Public Law 108-193).
(2) The United States Government currently estimates that
600,000 to 800,000 individuals are trafficked across
international borders each year and exploited through forced
labor and commercial sex exploitation. An estimated 80 percent
of such individuals are women and girls.
(3) Since the enactment of the Trafficking Victims Protection
Act of 2000, United States efforts to combat trafficking in
persons have focused primarily on the international trafficking
in persons, including the trafficking of foreign citizens into
the United States.
(4) Trafficking in persons also occurs within the borders of
a country, including the United States.
(5) No known studies exist that quantify the problem of
trafficking in children for the purpose of commercial sexual
exploitation in the United States. According to a report issued
by researchers at the University of Pennsylvania in 2001, as
many as 300,000 children in the United States are at risk for
commercial sexual exploitation, including trafficking, at any
given time.
(6) Runaway and homeless children in the United States are
highly susceptible to being domestically trafficked for
commercial sexual exploitation. According to the National
Runaway Switchboard, every day in the United States, between
1,300,000 and 2,800,000 runaway and homeless youth live on the
streets. One out of every seven children will run away from
home before the age of 18.
(7) Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased security
challenges and vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor
exploitation. Foreign policy and foreign aid professionals
increasingly recognize the increased activity of human
traffickers in post-conflict settings and during humanitarian
emergencies.
(8) There is a need to protect populations in post-conflict
settings and humanitarian emergencies from being trafficked for
sexual or labor exploitation. The efforts of aid agencies to
address the protection needs of, among others, internally
displaced persons and refugees are useful in this regard.
Nonetheless, there is a need for further integrated programs
and strategies at the United States Agency for International
Development, the Department of State, and the Department of
Defense to combat human trafficking, including through
protection and prevention methodologies, in post-conflict
environments and during humanitarian emergencies.
(9) International and human rights organizations have
documented a correlation between international deployments of
military and civilian peacekeepers and aid workers and a
resulting increase in the number of women and girls trafficked
into prostitution in post-conflict regions.
(10) The involvement of employees and contractors of the
United States Government and members of the Armed Forces in
trafficking in persons, facilitating the trafficking in
persons, or exploiting the victims of trafficking in persons is
inconsistent with United States laws and policies and
undermines the credibility and mission of United States
Government programs in post-conflict regions.
(11) Further measures are needed to ensure that United States
Government personnel and contractors are held accountable for
involvement with acts of trafficking in persons, including by
expanding United States criminal jurisdiction to all United
States Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT
AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment.--Section 106 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104) is amended by adding at the end the following
new subsection:
``(h) Prevention of Trafficking in Conjunction With Post-Conflict and
Humanitarian Emergency Assistance.--The United States Agency for
International Development, the Department of State, and the Department
of Defense shall incorporate anti-trafficking and protection measures
for vulnerable populations, particularly women and children, into their
post-conflict and humanitarian emergency assistance and program
activities.''.
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development, in consultation with the
Secretary of Defense, shall conduct a study regarding
the threat and practice of trafficking in persons
generated by post-conflict and humanitarian emergencies
in foreign countries.
(B) Factors.--In carrying out the study, the
Secretary of State and the Administrator of the United
States Agency for International Development shall
examine--
(i) the vulnerabilities to human trafficking
of commonly affected populations, particularly
women and children, generated by post-conflict
and humanitarian emergencies;
(ii) the various forms of trafficking in
persons, both internal and trans-border,
including both sexual and labor exploitation;
(iii) a collection of best practices
implemented to date to combat human trafficking
in such areas; and
(iv) proposed recommendations to better
combat trafficking in persons in conjunction
with post-conflict reconstruction and
humanitarian emergencies assistance.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development, with the concurrence of the Secretary of Defense,
shall transmit to the Committee on International Relations and
the Committee on Armed Services of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Armed Services of the Senate a report that contains the results
of the study conducted pursuant to paragraph (1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to Information.--Section 107(c)(2) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(2)) is amended by
adding at the end the following new sentence: ``To the extent
practicable, victims of severe forms of trafficking shall have access
to information about federally funded or administered anti-trafficking
programs that provide services to victims of severe forms of
trafficking.''.
(b) Establishment of Pilot Program for Residential Rehabilitative
Facilities for Victims of Trafficking.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of
the United States Agency for International Development
shall carry out a study to identify best practices for
the rehabilitation of victims of trafficking in group
residential facilities in foreign countries.
(B) Factors.--In carrying out the study under
subparagraph (A), the Administrator shall--
(i) investigate factors relating to the
rehabilitation of victims of trafficking in
group residential facilities, such as the
appropriate size of such facilities, services
to be provided, length of stay, and cost; and
(ii) give consideration to ensure the safety
and security of victims of trafficking, provide
alternative sources of income for such victims,
assess and provide for the educational needs of
such victims, including literacy, and assess
the psychological needs of such victims and
provide professional counseling, as
appropriate.
(2) Pilot program.--Upon completion of the study carried out
pursuant to paragraph (1), the Administrator of the United
States Agency for International Development shall establish and
carry out a pilot program to establish residential treatment
facilities in foreign countries for victims of trafficking
based upon the best practices identified in the study.
(3) Purposes.--The purposes of the pilot program established
pursuant to paragraph (2) are to--
(A) provide benefits and services to victims of
trafficking, including shelter, psychological
counseling, and assistance in developing independent
living skills;
(B) assess the benefits of providing residential
treatment facilities for victims of trafficking, as
well as the most efficient and cost-effective means of
providing such facilities; and
(C) assess the need for and feasibility of
establishing additional residential treatment
facilities for victims of trafficking.
(4) Selection of sites.--The Administrator of the United
States Agency for International Development shall select 2
sites at which to operate the pilot program established
pursuant to paragraph (2).
(5) Form of assistance.--In order to carry out the
responsibilities of this subsection, the Administrator of the
United States Agency for International Development shall enter
into contracts with, or make grants to, organizations with
relevant expertise in the delivery of services to victims of
trafficking.
(6) Report.--Not later than one year after the date on which
the first pilot program is established pursuant to paragraph
(2), the Administrator of the United States Agency for
International Development shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
implementation of this subsection.
(7) Authorization of appropriations.--There are authorized to
be appropriated to the Administrator of the United States
Agency for International Development to carry out this
subsection $2,500,000 for each of the fiscal years 2006 and
2007.
SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial Jurisdiction Over Certain Trafficking in Persons
Offenses.--
(1) In general.--Part II of title 18, United States Code, is
amended by inserting after chapter 212 the following new
chapter:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING
IN PERSONS OFFENSES
``Sec.
``3271. Trafficking in persons offenses committed by persons employed
by or accompanying the Federal Government outside the United States.
``3272. Definitions.
``Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government
outside the United States
``(a) Whoever, while employed by or accompanying the Federal
Government outside the United States, engages in conduct outside the
United States that would constitute an offense under chapter 77 or 117
of this title if the conduct had been engaged in within the United
States or within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``Sec. 3272. Definitions
``As used in this chapter:
``(1) The term `employed by the Federal Government outside
the United States' means--
``(A) employed as a civilian employee of the Federal
Government, as a Federal contractor (including a
subcontractor at any tier), or as an employee of a
Federal contractor (including a subcontractor at any
tier);
``(B) present or residing outside the United States
in connection with such employment; and
``(C) not a national of or ordinarily resident in the
host nation.
``(2) The term `accompanying the Federal Government outside
the United States' means--
``(A) a dependant of--
``(i) a civilian employee of the Federal
Government; or
``(ii) a Federal contractor (including a
subcontractor at any tier) or an employee of a
Federal contractor (including a subcontractor
at any tier);
``(B) residing with such civilian employee,
contractor, or contractor employee outside the United
States; and
``(C) not a national of or ordinarily resident in the
host nation.''.
(2) Clerical amendment.--The table of chapters at the
beginning of such part is amended by inserting after the item
relating to chapter 212 the following new item:
``212A. Extraterritorial jurisdiction over certain 3271''.
trafficking in persons offenses.
(b) Laundering of Monetary Instruments.--Section 1956(c)(7)(B) of
title 18, United States Code, is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by adding ``or'' at the end; and
(3) by adding at the end the following new clause:
``(vii) trafficking in persons, selling or
buying of children, sexual exploitation of
children, or transporting, recruiting or
harboring a person, including a child, for
commercial sex acts;''.
(c) Definition of Racketeering Activity.--Section 1961(1)(B) of title
18, United States Code, is amended by striking ``1581-1591'' and
inserting ``1581-1592''.
(d) Civil and Criminal Forfeitures.--
(1) In general.--Chapter 117 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 2428. Forfeitures
``(a) In General.--The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in addition to
any other sentence imposed and irrespective of any provision of State
law, that such person shall forfeit to the United States--
``(1) 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
``(2) any property, real or personal, constituting or derived
from any proceeds that such person obtained, directly or
indirectly, as a result of such violation.
``(b) Property Subject to Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States and no property right shall
exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter.
``(B) Any property, real or personal, that
constitutes or is derived from proceeds traceable to
any violation of this chapter.
``(2) Applicability of chapter 46.--The provisions of chapter
46 of this title relating to civil forfeitures shall apply to
any seizure or civil forfeiture under this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2428. Forfeitures.''.
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Appointment to Interagency Task Force to Monitor and Combat
Trafficking.--Section 105(b) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(b)) is amended--
(1) by striking ``the Director of Central Intelligence'' and
inserting ``the Director of National Intelligence''; and
(2) by inserting ``, the Secretary of Defense, the Secretary
of Homeland Security'' after ``the Director of National
Intelligence'' (as added by paragraph (1)).
(b) Minimum Standards for the Elimination of Trafficking.--
(1) Amendments.--Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
(A) in paragraph (3), by adding at the end before the
period the following: ``, measures to reduce the demand
for commercial sex acts and for participation in
international sex tourism by nationals of the country,
measures to ensure that its nationals who are deployed
abroad as part of a peacekeeping or other similar
mission do not engage in or facilitate severe forms of
trafficking in persons or exploit victims of such
trafficking, and measures to prevent the use of forced
labor or child labor in violation of international
standards''; and
(B) in the first sentence of paragraph (7), by
striking ``persons,'' and inserting ``persons,
including nationals of the country who are deployed
abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of
trafficking in persons or exploit victims of such
trafficking,''.
(2) Effective date.--The amendments made by subparagraphs (A)
and (B) of paragraph (1) take effect beginning two years after
the date of the enactment of this Act.
(c) Research.--
(1) Amendments.--Section 112A of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7109a) is amended--
(A) in the first sentence of the matter preceding
paragraph (1)--
(i) by striking ``The President'' and
inserting ``(a) In General.--The President'';
and
(ii) by striking ``the Director of Central
Intelligence'' and inserting ``the Director of
National Intelligence'';
(B) in paragraph (3), by adding at the end before the
period the following: ``, particularly HIV/AIDS'';
(C) by adding at the end the following new
paragraphs:
``(4) Subject to subsection (b), the interrelationship
between trafficking in persons and terrorism, including the use
of profits from trafficking in persons to finance terrorism.
``(5) An effective mechanism for quantifying the number of
victims of trafficking on a national, regional, and
international basis.
``(6) The abduction and enslavement of children for use as
soldiers, including steps taken to eliminate the abduction and
enslavement of children for use as soldiers and recommendations
for such further steps as may be necessary to rapidly end the
abduction and enslavement of children for use as soldiers.'';
and
(D) by further adding at the end the following new
subsections:
``(b) Role of Human Smuggling and Trafficking Center.--The research
initiatives described in subsection (a)(4) shall be carried out by the
Human Smuggling and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)).
``(c) Definitions.--In this section:
``(1) AIDS.--The term `AIDS' means the acquired immune
deficiency syndrome.
``(2) HIV.--The term `HIV' means the human immunodeficiency
virus, the pathogen that causes AIDS.
``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS.''.
(2) Report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Human Smuggling
and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458)) shall
submit to the appropriate congressional committees a
report on the results of the research initiatives
carried out pursuant to section 112A(4) of the
Trafficking Victims Protection Act of 2000 (as added by
paragraph (1)(C) of this subsection).
(B) Definition.--In this paragraph, the term
``appropriate congressional committees'' means--
(i) the Committee on International Relations
and the Committee on the Judiciary of the House
of Representatives; and
(ii) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
(d) Foreign Service Officer Training.--Section 708(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the Director of the Office to Monitor and Combat Trafficking,''
after ``the International Religious Freedom Act of 1998'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) instruction on international documents and United
States policy on trafficking in persons, including provisions
of the Trafficking Victims Protection Act of 2000 (division A
of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may affect
the United States bilateral relationships.''.
(e) Prevention of Trafficking by Peacekeepers.--
(1) Inclusion in trafficking in persons report.--Section
110(b)(1) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) information on the measures taken by the United
Nations, the Organization for Security and Cooperation
in Europe, the North Atlantic Treaty Organization and,
as appropriate, other multilateral organizations in
which the United States participates, to prevent the
involvement of the organization's employees, contractor
personnel, and peacekeeping forces in trafficking in
persons or the exploitation of victims of
trafficking.''.
(2) Report by secretary of state.--At least 15 days prior to
voting for a new or reauthorized peacekeeping mission under the
auspices of the United Nations, the North Atlantic Treaty
Organization, or any other multilateral organization in which
the United States participates (or in an emergency, as far in
advance as is practicable), the Secretary of State shall submit
to the Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and any other appropriate congressional committee a
report that contains--
(A) a description of measures taken by the
organization to prevent the organization's employees,
contractor personnel, and peacekeeping forces serving
in the peacekeeping mission from trafficking in
persons, exploiting victims of trafficking, or
committing acts of sexual exploitation or abuse, and
the measures in place to hold accountable any such
individuals who engage in any such acts while
participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each of the
measures referred to in subparagraph (A).
SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND
CHILD LABOR.
(a) Activities of the Department of State.--
(1) Finding.--Congress finds that in the report submitted to
Congress by the Secretary of State in June 2005 pursuant to
section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)), the list of countries whose
governments do not comply with the minimum standards for the
elimination of trafficking and are not making significant
efforts to bring themselves into compliance was composed of a
large number of countries in which the trafficking involved
forced labor, including the trafficking of women into domestic
servitude.
(2) Sense of congress.--It is the sense of Congress that the
Director of the Office to Monitor and Combat Trafficking of the
Department of State should intensify the focus of the Office on
forced labor in the countries described in paragraph (1) and
other countries in which forced labor continues to be a serious
human rights concern.
(b) Activities of the Department of Labor.--
(1) In general.--The Secretary of Labor, acting through the
head of the Bureau of International Labor Affairs of the
Department of Labor, shall carry out additional activities to
monitor and combat forced labor and child labor in foreign
countries as described in paragraph (2).
(2) Additional activities described.--The additional
activities referred to in paragraph (1) are--
(A) to monitor the use of forced labor and child
labor in violation of international standards;
(B) to provide information regarding trafficking in
persons for the purpose of forced labor to the Office
to Monitor and Combat Trafficking of the Department of
State for inclusion in trafficking in persons report
required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b));
(C) to develop and make available to the public a
list of goods from countries that the Bureau of
International Labor Affairs has reason to believe are
produced by forced labor or child labor in violation of
international standards;
(D) to work with persons who are involved in the
production of goods on the list described in
subparagraph (C) to create a standard set of practices
that will reduce the likelihood that such persons will
produce goods using the labor described in such
subparagraph; and
(E) to consult with other departments and agencies of
the United States Government to reduce forced and child
labor internationally and ensure that products made by
forced labor and child labor in violation of
international standards are not imported into the
United States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) Program to Reduce Demand for Commercial Sex Acts.--
(1) Program.--The Secretary of Health and Human Services and
the Attorney General shall identify best practices to reduce
the demand for commercial sex acts in the United States and
shall carry out a program to implement such best practices.
(2) Reports.--The Secretary and the Attorney General shall
prepare and post on the respective Internet Web sites of the
Department of Health and Human Services and the Department of
Justice reports on the best practices identified under
paragraph (1).
(3) Definition.--In this subsection, the term ``commercial
sex act'' has the meaning given the term in section 103(3) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(3)).
(b) Termination of Certain Grants, Contracts, and Cooperative
Agreements.--Section 106(g) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7104) is amended--
(1) by striking ``Cooperative Agreements.--'' and all that
follows through ``The President shall'' and inserting
``Cooperative Agreements.--The President shall'';
(2) by striking ``described in paragraph (2)''; and
(3) by striking paragraph (2).
SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, AND
STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN PERSONS
SUBJECT TO TRAFFICKING.
(a) Grant Program.--Subject to the availability of appropriations,
the Secretary of Health and Human Services may make grants to States,
Indian tribes, units of local government, and nonprofit,
nongovernmental victims' service organizations to develop, expand, and
strengthen assistance programs for United States citizens or aliens
admitted for permanent residence who are the subject of sex trafficking
or severe forms of trafficking in persons that occurs, in whole or in
part, within the territorial jurisdiction of the United States.
(b) Selection Factor.--In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to applicants with
experience in the delivery of services to persons who have been
subjected to sexual abuse or commercial sexual exploitation and to
applicants who would employ survivors of sexual abuse or commercial
sexual exploitation as part of their proposed project.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS.
(a) Establishment of Pilot Program.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Health and
Human Services shall establish and carry out a pilot program to
establish residential treatment facilities in the United States for
juveniles subjected to trafficking.
(b) Purposes.--The purposes of the pilot program established pursuant
to subsection (a) are to--
(1) provide benefits and services to juveniles subjected to
trafficking, including shelter, psychological counseling, and
assistance in developing independent living skills;
(2) assess the benefits of providing residential treatment
facilities for juveniles subjected to trafficking, as well as
the most efficient and cost-effective means of providing such
facilities; and
(3) assess the need for and feasibility of establishing
additional residential treatment facilities for juveniles
subjected to trafficking.
(c) Selection of Sites.--The Secretary of Health and Human Services
shall select 3 sites at which to operate the pilot program established
pursuant to subsection (a).
(d) Form of Assistance.--In order to carry out the responsibilities
of this section, the Secretary of Health and Human Services shall enter
into contracts with, or make grants to, organizations with relevant
expertise in the delivery of services to juveniles who have been
subjected to sexual abuse or commercial sexual exploitation.
(e) Report.--Not later than one year after the date on which the
first pilot program is established pursuant to subsection (a), the
Secretary of Health and Human Services shall submit to Congress a
report on the implementation of this section.
(f) Definition.--In this section, the term ``juvenile subjected to
trafficking'' means a United States citizen, or alien admitted for
permanent residence, who is the subject of sex trafficking or severe
forms of trafficking in persons that occurs, in whole or in part,
within the territorial jurisdiction of the United States and who has
not attained 18 years of age at the time the person is identified as
having been the subject of sex trafficking or severe forms of
trafficking in persons.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $5,000,000 for each of the fiscal years 2006 and 2007.
SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Establishment of Grant Program for Law Enforcement.--Subject to
the availability of appropriations, the Attorney General may make
grants to States and local law enforcement agencies to develop, expand,
or strengthen programs to investigate and prosecute acts of severe
forms of trafficking in persons that involve United States citizens, or
aliens admitted for permanent residence, and that occur, in whole or in
part, within the territorial jurisdiction of the United States.
(b) Multi-Disciplinary Approach Required.--Grants under subsection
(a) may be made only for programs in which the State or local law
enforcement agency works collaboratively with victim service providers
and other relevant nongovernmental organizations, including faith-based
organizations and organizations with experience in the delivery of
services to persons who are the subject of trafficking in persons.
(c) Limitation on Federal Share.--The Federal share of a grant made
under this section may not exceed 75 percent of the total costs of the
projects described in the application submitted.
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) the amount, recipient, and purpose of each
grant under sections 202 and 204 of the Trafficking
Victims Protection Reauthorization Act of 2005; and''.
SEC. 206. DEFINITIONS.
In this title:
(1) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given the term in section 103(8) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(8)).
(2) Sex trafficking.--The term ``sex trafficking'' has the
meaning given the term in section 103(9) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(1) in subsection (a)--
(A) by striking ``and $5,000,000'' and inserting
``$5,000,000'';
(B) by adding at the end before the period the
following: ``, and $5,500,000 for each of the fiscal
years 2006 and 2007''; and
(C) by further adding at the end the following new
sentence: ``In addition, there are authorized to be
appropriated to the Office to Monitor and Combat
Trafficking for official reception and representation
expenses $3,000 for each of the fiscal years 2006 and
2007.'';
(2) in subsection (b), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007'';
(3) in subsection (c)(1), by striking ``2004 and 2005'' each
place it appears and inserting ``2004, 2005, 2006, and 2007'';
(4) in subsection (d), by striking ``2004 and 2005'' each
place it appears and inserting ``2004, 2005, 2006, and 2007'';
(5) in subsection (e)--
(A) in paragraphs (1) and (2), by striking ``2003
through 2005'' and inserting ``2003 through 2007''; and
(B) in paragraph (3), by striking ``$300,000 for
fiscal year 2004 and $300,000 for fiscal year 2005''
and inserting ``$300,000 for each of the fiscal years
2004 through 2007'';
(6) in subsection (f), by striking ``2004 and 2005'' and
inserting ``2004, 2005, 2006, and 2007''; and
(7) by adding at the end the following new subsections:
``(h) Authorization of Appropriations to Director of the FBI.--There
are authorized to be appropriated to the Director of the Federal Bureau
of Investigation $15,000,000 for fiscal year 2006, to remain available
until expended, to investigate severe forms of trafficking in persons.
``(i) Authorization of Appropriations to the Secretary of Homeland
Security.--There are authorized to be appropriated to the Secretary of
Homeland Security, $18,000,000 for each of the fiscal years 2006 and
2007, to remain available until expended, for investigations by the
Bureau of Immigration and Customs Enforcement of severe forms of
trafficking in persons.''.
Purpose and Summary
H.R. 972, the Trafficking Victims Protection
Reauthorization Act of 2005, amends and reauthorizes
appropriations for fiscal years 2006 and 2007 for the
Trafficking Victims Protection Act of 2000. The Act strengthens
the U.S. Government's ability to combat the trafficking in
persons by enhancing provisions on prevention of trafficking,
protection of victims of trafficking, and prosecution of
traffickers, and by bringing particular attention to the
problem of internal trafficking of United States citizens and
nationals within the territory of the United States.
H.R. 972 includes new provisions and amendments to existing
U.S. law and improves U.S. efforts to combat trafficking
internationally, toughens criminal penalties for trafficking
offenses committed by certain U.S. persons, and launches new
initiatives to assist the victims of trafficking in the United
States. The Act includes: anti-trafficking measures in
connection with post-conflict and humanitarian emergency
assistance provided by the U.S. Government (Sec.101); improving
trafficking victims' access to information about victim
assistance programs and establishing a pilot program for long-
term residential care to trafficking victims abroad (Sec. 102);
creating criminal jurisdiction in U.S. courts over Federal
trafficking in persons offenses committed by Federal employees
and contractors while outside the United States, and
classifying trafficking in persons offenses as actionable under
Federal money laundering, racketeering, and civil and criminal
forfeiture statutes (Sec. 103); appointing the Secretaries of
Defense and Homeland Security, and the Director of National
Intelligence, to the Inter-agency Task Force to Monitor and
Combat Trafficking, amending the minimum standards for
evaluating a government's efforts to eliminate trafficking by
adding whether the government is implementing measures to
reduce the demand for commercial sex acts and prevent sex
tourism, to prevent peacekeeping troops' involvement with
trafficking, and to prevent forced labor or child labor in
violation of international standards, requiring a report from
the Secretary of State, before endorsing a new or reauthorized
peacekeeping mission, on measures taken to prevent trafficking
and sexual exploitation by peacekeeping personnel (Sec. 104);
expressing the Sense of Congress that the State Department
should intensify its focus on forced labor problems and
directing the Department of Labor to take certain additional
steps to prevent forced labor and child labor internationally
(Sec. 105); requiring reports on strategies and programs to
reduce the demand for commercial sex acts, and authority to
terminate U.S. Government funding to private entities that
engage in human trafficking-related activities within the
United States (Sec. 201); establishing a grant program to
improve victim service programs for U.S. citizens and nationals
victimized by trafficking and a pilot program for residential
care for juvenile trafficking victims (Sec. 202 and 203);
establishment of a grants program to improve State and local
responses to certain trafficking cases that involve U.S.
citizens, or persons admitted for permanent residence (Sec.
204); and authorizing appropriations for fiscal years 2006 and
2007 (Sec. 301).
Background and Need for the Legislation
The Trafficking Victims Protection Act (TVPA), P.L. 106-
386, was enacted in October 2000 to combat trafficking in
persons, ensure the prosecution of traffickers, and protect the
victims of trafficking. The TVPA was amended and funding was
reauthorized in the Foreign Relations Authorization Act, Fiscal
Year 2003, P.L. 107-228. The TVPA was further amended and
funding reauthorized for fiscal years 2004 and 2005 through the
Trafficking Victims Protection Reauthorization Act of 2003,
P.L. 108-193, signed into law on December 19, 2003.
On February 17, 2005, Representatives Christopher Smith,
Tom Lantos, Donald Payne, Roy Blunt, Frank Wolf, Benjamin
Cardin, Ileana Ros-Lehtinen, Joseph Pitts, Mike Pence and Eni
Faleomavaega introduced H.R. 972, the Trafficking Victims
Protection Reauthorization Act of 2005. The new legislation is
based on consultations with government representatives and
nongovernmental organizations, information received in
congressional hearings, a review of academic research on human
trafficking, and nearly five years of experience in
implementing the TVPA. The bill strengthens U.S. Government
efforts to combat trafficking in persons through enhanced
provisions on the prevention of trafficking, prosecution of
traffickers, and protection of trafficked victims, with a
specific focus for the first time on domestic trafficking in
the United States (i.e., the trafficking of United States
citizens and permanent residents).
On March 1, 2005, the Subcommittee held a related briefing
and hearing, ``United Nations Organization Mission in the
Democratic Republic of Congo: A Case for Peacekeeping Reform.''
The Subcommittee was briefed by Jane Holl Lute, Ph.D.,
Assistant Secretary-General for Mission Support, Department of
Peacekeeping Operations, United Nations. Testimony was then
received from The Honorable Kim R. Holmes, Assistant Secretary
for the Bureau of International Organization Affairs, U.S.
Department of State; The Honorable Princeton N. Lyman, Ralphe
Bunche Senior Fellow in Africa Policy Studies at the Council on
Foreign Relations and Former Assistant Secretary of State for
International Organization Affairs; Nile Gardiner, Ph.D.,
Fellow in Anglo-American Security Policy at The Heritage
Foundation; Ms. Anneke Van Woudenberg, Senior Researcher on the
Democratic Republic of Congo for Human Rights Watch. A further
hearing was held on May 18, 2005, entitled, ``UN Peacekeeping
Reform: Seeking Greater Accountability and Integrity.''
Testimony was received from Mr. Philo L. Dibble, Principal
Deputy Assistant Secretary for the Bureau of International
Organization Affairs at the U.S. Department of State; Mr. Eric
Schwartz, Consultant to the Council on Foreign Relations; and
Ms. Victoria Holt, Senior Associate, The Henry L. Stimson
Center.
On March 9, 2005, the Subcommittee on Africa, Global Human
Rights and International Operations held a hearing, ``Combating
Human Trafficking: Achieving Zero Tolerance.'' Testimony was
received from the following witnesses: Ambassador John Miller,
Senior Advisor to the Secretary and Director of the Office to
Monitor and Combat Trafficking in Persons at the U.S.
Department of State; The Honorable Linda Smith, President of
Shared Hope International and former Member of Congress; The
Honorable Shirley E. Barnes, President of the Barnes Findley
Foundation and former U.S. Ambassador to The Republic of
Madagascar; Sarah E. Mendelson, Ph.D., Senior Fellow, Russia
and Eurasia Program at the Center for Strategic and
International Studies; Julianne Duncan, Ph.D., Assistant
Director of Migration and Refugee Services for the United
States Conference of Catholic Bishops; and Ms. Beatrice
Fernando, trafficking survivor, and Associate at the American
Anti-Slavery Group.
On June 7, 2005, the Commission on Security and Cooperation
in Europe held an open, public hearing addressing the internal
trafficking of United States citizens and residents within the
territory of the United States entitled, ``Exploiting Americans
on American Soil: Domestic Trafficking Exposed.'' The
Commission, also known as the Helsinki Commission, is a U.S.
Government agency that monitors progress in the implementation
of the provisions of the 1975 Helsinki Accords. The Commission
consists of nine members from the United States Senate, nine
from the U.S. House of Representatives, and one member each
from the Departments of State, Defense and Commerce. The
hearing was chaired by the Commission's Co-Chairman, Rep. Chris
Smith, who also serves as Vice Chairman of the House
International Relations Committee, and is the sponsor of H.R.
972. Testimony was received from Mr. Chris Swecker, Assistant
Director for the Criminal Investigative Division, Federal
Bureau of Investigation; Dr. Susan Orr, Associate Commissioner,
Administration on Children, Youth and Families of the U.S.
Department of Health and Human Services; Mr. Frank Barnaba,
President & Founder of the Paul & Lisa Program; Ms. Norma
Hotaling Executive Director & Founder of the SAGE (Standing
Against Global Exploitation) Project; and Ms. Leisa B., a
survivor of domestic trafficking.
Committee Consideration
The Committee on International Relations marked up the bill
in open session, pursuant to notice, on October 7, 2005. The
Committee ordered favorably reported the bill H.R. 972 with an
amendment in the nature of a substitute by voice vote, a quorum
being present.
Votes of the Committee
No record votes were taken during the consideration of H.R.
972.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 972, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2005.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 972, the
Trafficking Victims Protection Reauthorization Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Douglas Holtz-Eakin.
Enclosure
cc: Honorable Tom Lantos, Ranking Member
H.R. 972--Trafficking Victims Protection Reauthorization Act of 2005
SUMMARY
H.R. 972 would reauthorize several programs within the
Departments of State, Labor, Justice, and Health and Human
Services, and within other agencies that combat trafficking in
persons. The bill would specifically authorize the
appropriation of $147 million in 2006 and $132 million in 2007.
In addition, CBO estimates that the Department of Justice would
need $15 million in additional appropriations annually to
implement a new grant program. In total, CBO estimates that
implementing the bill would cost $59 million in 2006 and $313
million over the 2006-2010 period, assuming appropriation of
the necessary amounts. The bill also contains provisions that
would affect direct spending and revenues, but CBO estimates
these provisions would not have a significant effect.
H.R. 972 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA); however, CBO
estimates that the cost of the mandate would not be significant
and would be well below the threshold established in that act
($62 million in 2005, adjusted for inflation). Other provisions
of the bill would provide grant assistance to state, local, and
tribal governments for programs benefitting victims of
trafficking crimes. This bill contains no new private-sector
mandates as defined in UMRA.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 972 is shown in the
following table. The costs of this legislation fall within
budget functions 150 (international affairs), 500 (education,
training, employment, and social services), 550 (health), and
750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1,2
Overseas Assistance
Authorization Level.............................................. 63 63 0 0 0
Estimated Outlays................................................ 9 34 37 22 10
Department of Justice
Estimated Authorization Level.................................... 63 48 15 15 15
Estimated Outlays................................................ 33 35 22 20 19
Department of Health and Human Services
Authorization Level.............................................. 20 20 0 0 0
Estimated Outlays................................................ 6 14 13 5 1
Department of Labor
Authorization Level.............................................. 10 10 0 0 0
Estimated Outlays................................................ 7 9 3 1 *
Department of State
Authorization Level.............................................. 6 6 0 0 0
Estimated Outlays................................................ 5 5 1 * *
Total
Estimated Authorization Level.................................... 162 147 15 15 15
Estimated Outlays................................................ 59 97 76 49 31
----------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.
\1\ In addition to effects on spending subject to appropriation, CBO estimates enacting H.R. 972 would have an
insignificant effect on direct spending and receipts.
\2\ Five-year costs in text and totals in the table differ slightly from a summation of the annual costs shown
here because of rounding.
BASIS OF ESTIMATE
Spending Subject to Appropriation
For purposes of this estimate, CBO assumes that this
legislation will be enacted before the end of calendar year
2005, that the specified and estimated authorization amounts
will be appropriated near the start of each fiscal year, and
that outlays will follow historical spending patterns for
existing and similar programs. The bill would specifically
authorize the appropriation of $147 million in 2006 and $132
million in 2007. In addition, CBO estimates that the Department
of Justice would need $15 million in additional appropriations
annually to implement a new grant program. In total, CBO
estimates that implementing this legislation would cost $59
million in 2006 and $313 million over the 2006-2010 period,
assuming appropriation of the necessary amounts.
Overseas Assistance. The bill would authorize the
appropriation of $30 million a year for 2006 and 2007 to the
Secretary of State and $30 million a year to the President in
those same years for programs to prevent trafficking in
persons, to protect victims of trafficking, and to assist
foreign states in meeting minimum standards for the elimination
of trafficking. In addition, the bill would authorize $300,000
a year in 2006 and 2007 for research on domestic and
international trafficking in persons. Finally, the bill would
authorize the appropriation of $2.5 million a year for 2006 and
2007 to the U.S. Agency for International Development to
establish residential treatment facilities in foreign countries
that would treat the victims of trafficking. CBO estimates that
implementing these provisions would cost $9 million in 2006 and
$113 million over the 2006-2010 period, assuming appropriation
of the necessary amounts.
Department of Justice. H.R. 972 would authorize the
appropriation of:
L$15 million a year for fiscal years 2006 and
2007 for the Attorney General to make grants to states,
localities, and nonprofit organizations to establish or
expand service programs for victims of trafficking;
L$15 million for fiscal year 2006 for the
Federal Bureau of Investigation to investigate severe
forms of trafficking in persons;
L$18 million a year for fiscal years 2006 and
2007 for the Bureau of Immigration and Customs
Enforcement in the Department of Homeland Security to
investigate severe forms of trafficking in persons; and
L$250,000 a year for fiscal years 2006 and
2007 for the Attorney General and the Secretary of
State to train law enforcement officers, prosecutors,
and judges and their staff with respect to cases
involving trafficking in persons.
In addition, section 204 would permit the Attorney General
to make grants to state and local law enforcement agencies to
develop or expand programs to investigate and prosecute certain
acts of trafficking in persons that involve U.S. citizens or
permanent U.S. residents. Based on the funding levels that H.R.
972 would provide for similar activities, CBO estimates that
the agency would need appropriations of $15 million annually to
implement this grant program.
Department of Health and Human Services. H.R. 972 would
authorize the appropriation of $15 million a year for fiscal
years 2006 and 2007 to the Department of Health and Human
Services for the purpose of identifying victims of trafficking.
In addition, section 203 would authorize the appropriation of
$5 million a year for fiscal years 2006 and 2007 to carry out a
pilot program to establish residential treatment facilities for
juvenile victims of trafficking.
Department of Labor. H.R. 972 would authorize the
appropriation of $10 million a year for fiscal years 2006 and
2007 to the Department of Labor to carry out responsibilities
under the Trafficking Victims Protection Act, including
additional activities to monitor and combat forced labor and
child labor in foreign countries.
Department of State. The bill would authorize the
appropriation of $5.5 million a year for fiscal years 2006 and
2007 for the Interagency Task Force to coordinate the
implementation of the Trafficking Victims Protection Act.
Direct Spending and Revenues
Criminal Fines and Seizure of Assets. Section 103 would
establish a new federal crime for trafficking in persons
committed by individuals employed by the federal government or
accompanying federal employees when outside of the United
States. Thus, the government could pursue new cases related to
trafficking. Because those prosecuted and convicted under H.R.
972 could be subject to criminal fines, the federal government
might collect additional fines if the bill is enacted.
Collections of such fines are recorded in the budget as
revenues, which are deposited in the Crime Victims Fund and
later spent. CBO expects that any additional revenues and
direct spending would not be significant.
Persons prosecuted and convicted under the bill also could
be subject to the seizure of certain assets by the federal
government. Proceeds from the sale of such assets would be
deposited into the Assets Forfeiture Fund and spent from that
fund, mostly in the same year. Thus, enacting H.R. 972 could
increase both revenues deposited into the fund and direct
spending from the fund. However, CBO estimates that any
increased revenues or spending would be negligible.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 972 contains an intergovernmental mandate as defined
in UMRA because it would require courts to order the property
of convicted traffickers be forfeited to the federal
government. This provision would preempt state laws and could
result in the loss of forfeited properties for those
governments. Because the number of trafficking cases prosecuted
under state law is small, however, CBO estimates any such loss
to state governments would not be significant and would be well
below the threshold established in that act ($62 million in
2005, adjusted for inflation). This bill contains no new
private-sector mandates as defined in UMRA.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title
This section states that this act may be cited as the
``Trafficking Victims Protection Reauthorization Act of 2005.''
Section 2. Findings
This section states the Congress' findings that the United
States demonstrated leadership in combating human trafficking
and slavery through the enactment of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22
U.S.C. 7101 et seq.) and the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193). The current
U.S. Government estimate of people trafficked across
international borders each year and exploited through forced
labor and commercial sex exploitation is 600,000 to 800,000; an
estimated 80 percent of such individuals are women and girls.
The Committee notes that as a result of refined data collection
processes and statistical analysis, the U.S. Government has
modified its estimate of the number of individuals (men, women
and children) trafficked into the United States each year--now
placed at 14,500-17,500--as compared to the ``approximately
50,000 women and children'' cited in the Trafficking Victims
Protection Act of 2000.
The findings state that since enactment of the Trafficking
Victims Protection Act of 2000, United States efforts to combat
trafficking in persons have focused primarily on the
international trafficking in persons, including the trafficking
of foreign citizens into the United States, but trafficking in
persons also occurs internally within countries. The Committee
notes with concern the law enforcement data, media reports and
anecdotal evidence indicating that a significant problem exists
in the United States with internal (also referred to as
domestic) trafficking, particularly involving children
exploited in prostitution. The findings also state that no
known studies exist that quantify this problem, however,
researchers at the University of Pennsylvania estimated in
2001, that as many as 300,000 children in the United States are
at risk for commercial sexual exploitation, including
trafficking, at any given time. This section finds that runaway
and homeless children in the United States are highly
susceptible to being domestically trafficked for commercial
sexual exploitation. The National Runaway Switchboard estimates
that between 1.3 million and 2.8 million runaway and homeless
youth live on the streets in the United States, and one out of
every seven children will run away from home before the age of
18. It is the Committee's view that the dearth of published
facts and figures about the numbers and lives of sexually
exploited youth highlights the hidden nature of commercial
sexual exploitation of children in the United States and the
Committee stresses the need for law enforcement and social
service organizations to seek systematic and verifiable
information.
Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased security
challenges and vulnerabilities which result in myriad forms of
violence, including trafficking for sexual and labor
exploitation. Foreign policy and foreign aid professionals
increasingly recognize the increased activity of human
traffickers in post-conflict settings and during humanitarian
emergencies. There is a need to protect populations in post-
conflict settings and humanitarian emergencies from being
trafficked for sexual or labor exploitation. The efforts of aid
agencies to address the protection needs of, among others,
internally displaced persons and refugees are useful in this
regard. Nonetheless, there remains a need for further programs
and strategies at the United States Agency for International
Development, the Department of State, and the Department of
Defense, among others, to combat human trafficking, including
through protection and prevention methodologies, in post-
conflict environments and during humanitarian emergencies.
International and human rights organizations have
documented a correlation between international deployments of
military and civilian peacekeepers and aid workers and a
resulting increase in the number of women and girls trafficked
into prostitution in post-conflict regions. The involvement of
Federal Government employees or contractors in trafficking in
persons is inconsistent with U.S. laws and policies and
undermines the efforts of government programs in post-conflict
regions. Further measures are needed to deter such actions and
ensure that personnel are held accountable for involvement with
acts of trafficking.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Section 101. Prevention of Trafficking in Conjunction with Post-
conflict and Humanitarian Emergency Assistance
This section amends section 106 of the Trafficking Victims
Protection Act of 2000 (TVPA) by requiring the United States
Agency for International Development (USAID), the Department of
State and the Department of Defense to incorporate anti-
trafficking and protection measures for vulnerable populations
into their respective post-conflict and humanitarian emergency
assistance programs. It also requires the State Department and
USAID to conduct a study and issue a report, with the
concurrence of the Department of Defense, within 180 days of
enactment of this Act, on the prevention of trafficking in
conjunction with post-conflict and humanitarian assistance. The
report shall include, inter alia, specific recommendations to
improve efforts to combat trafficking in conjunction with post-
conflict reconstruction and humanitarian emergency programs.
According to a 2004 report by InterAction, an alliance of 160
U.S.-based international development and humanitarian
nongovernmental organizations, ``civilians, mostly women and
children, now comprise 90 percent of all casualties in
contemporary armed conflict.'' Conflicts and severe natural
disasters frequently result in large numbers of displaced
persons, primarily women and children, who are at heightened
risk of violence and exploitation. While humanitarian responses
to such situations primarily address the needs for food,
shelter and medical assistance, such situations also call for
greater efforts to protect against exploitation, including
trafficking, of vulnerable populations. Existing programs
administered by Federal agencies contain limited elements to
deter exploitation and violence and need significant further
enhancements.
Section 102. Protection of Victims of Trafficking in Persons
This section amends section 107(c)(2) of the TVPA by
requiring that to the extent practicable, victims of severe
forms of trafficking shall have access to information about
federally funded or administered anti-trafficking programs that
provide services to such victims. The Committee is concerned by
reports from victim advocates, including organizations funded
by the Federal Government, that Federal law enforcement
officials in some instances failed to share with victims of
severe forms of trafficking information about victim-service
programs that can assist them with shelter, food, medical care,
legal assistance and other needs, or to inform them about the
possibility of applying for benefits via the Department of
Health and Human Services or for a T-visa. Information should
be made available to every victim of a severe form of
trafficking in the United States who meets the criteria
established by the TVPA, as amended, for receipt of benefits or
a T-visa about his or her eligibility for both such benefits
and such visa while in contact with Federal law enforcement
authorities.
Subsection (b) requires USAID, within 180 days of enactment
of this Act, to conduct a study of best practices for
rehabilitating trafficking victims in group residential
facilities in foreign countries. Based on the results of the
study, USAID is required to establish a pilot program of
residential treatment facilities in two sites located outside
the United States by entering into grants or contracts with
organizations experienced in the delivery of service to
trafficking victims. To carry out this section, $2.5 million is
authorized to be appropriated for each of fiscal years 2006 and
2007. The assistance needed by trafficking victims to recover
physically, psychologically and economically from the trauma of
being trafficked cannot be adequately provided for all victims
during a short-term stay, often 30-60 days, in a shelter
facility. If released from such a shelter without adequate
assistance to integrate into society, such individuals are at
risk of being trafficked again. Despite the inadequacy of this
approach to end the cycle of violence and trafficking, short-
term assistance programs are, to date, the most common model of
residential assistance. This pilot project seeks to provide an
opportunity to explore alternative models for providing more
effective assistance to victims of trafficking.
Section 103. Enhancing Prosecutions of Trafficking in Persons Offenses
Subsection (a) provides U.S. courts with jurisdiction over
Federal Government employees or contractors, and those
accompanying them, for the prosecution of Federal trafficking
offenses that are committed outside the United States. Such
jurisdiction already exists under the Military Extraterritorial
Jurisdiction Act of 2000, as amended by the Defense
Authorization Act of 2004, for Department of Defense
contractors and other Federal contractors operating abroad in
support of a Department of Defense mission, but does not
currently extend to non-Department of Defense-related
contractors. The Committee has long been concerned about the
involvement of Federal contractors in human trafficking and
other misconduct. At an April 2002 hearing, the Committee
received testimony regarding the involvement by some employees
or agents of a Federal contractor operating in Bosnia-
Herzegovina in prostitution, human trafficking, and sexual
misconduct. Both Department of Defense and non-Department of
Defense contractors were involved, however, under U.S. law at
that time, only Department of Defense contractors could be
prosecuted in U.S. courts. Based on consultations with the
Committee on the Judiciary, which has subject matter
jurisdiction over the courts, that Committee's view is that
contractors, and their employees and agents, must be held to
the same standards of conduct required under United States laws
while under U.S. Government contracts abroad. This need is made
all the more essential when such contractors are operating in
areas where they are unlikely to be held accountable under
local laws.
Subsection (b) amends Title 18, U.S.C., to allow
trafficking offenses to be considered ``specified unlawful
activity'' for which prosecutions may be brought using the
money laundering statutes. Subsection (c) amends Title 18,
U.S.C., to expand the list of trafficking offenses that may be
considered as predicate offenses for prosecutions using the
powers of the Racketeering Influenced and Corrupt Organizations
Act (RICO). Subsection (d) amends Title 18, U.S.C., to allow
the Federal Government to use criminal and civil forfeiture
laws to seize the proceeds and the property connected with or
derived from the commission of trafficking offenses.
Section 104. Enhancing United States Efforts to Combat Trafficking in
Persons
Subsection (a) amends section 105(b) of the TVPA by adding
the Secretary of Defense and the Secretary of Homeland Security
to the Interagency Task Force to Combat Trafficking. It also
replaces the Director of Central Intelligence on the Task Force
with the new Director of National Intelligence. The Committee
welcomes the Department of Defense's already ongoing
participation in the staff-level Senior Policy Operating Group,
and with this amendment makes official the Department of
Defense's participation in that group, as well as in the
Cabinet-level Inter-agency Task Force to Monitor and Combat
Trafficking. It is the Committee's hope that the Secretary of
Defense's participation in the Task Force will also support the
United States' efforts to encourage implementation of United
Nations and NATO policies against trafficking in persons, and
sexual exploitation and abuse, by peacekeepers.
Subsection (b) amends section 108(b) of the TVPA to modify
the criteria for determining whether a government is making
``serious and sustained efforts'' to eliminate trafficking by
requiring consideration of whether a government is implementing
measures: (1) to reduce the demand for commercial sex acts and
to prevent participation in international sex tourism, both of
which fuel the demand for sex trafficking; (2) to ensure that
peacekeepers do not engage in trafficking or trafficking-
related activities; (3) to prevent the use of forced labor or
child labor in violation of international standards; and (4)
whether the government vigorously investigates, prosecutes,
convicts and sentences peacekeeping personnel who engage in
trafficking-related activities. The Committee reiterates its
previously expressed view that the true picture of a
government's efforts to prosecute acts of trafficking can only
be determined based on an analysis of investigations and
prosecutions conducted, as well as convictions and sentences
rendered. Investigations and prosecutions are of little
significance if convictions and appropriately severe sentences
do not follow. The imposition of suspended sentences, or
probation in lieu of incarceration, for convicted traffickers
shall not be deemed to be vigorous sentencing for the purposes
of this subsection or other similar subsections of section
108(b).
Subsection (c) amends section 112A of the TVPA, as created
by the Trafficking Victims Protection Act of 2003, to add to
the areas of specialized research required to be done by the
President, acting through various departments and agencies at
the President's discretion, to include research on an effective
mechanism for quantifying the number of victims of trafficking;
the connection between trafficking and the spread of HIV/AIDS;
and the abduction and enslavement of children for use as
soldiers. With respect to child soldiers, the Committee is
particularly concerned about the abduction of children by the
Lord's Resistance Army (LRA) in Uganda, and is eager to receive
recommendations for steps that could be taken to rapidly end
such abduction and enslavement. It is estimated that
approximately 20,000 children have been kidnapped by the group
since 1987 for use as soldiers, porters, and sex slaves. Child
abductees are routinely tortured, maimed, psychologically
abused, and forced to commit heinous acts to subordinate them
to the rule of the LRA.
Subsection (c) further directs research to be done by the
President, acting through the Human Smuggling and Trafficking
Center, on the interrelationship between trafficking in persons
and terrorism. A report on this research, which shall draw upon
the intelligence and analytical capabilities of the Center, is
required to be provided within one year after enactment of this
Act to the International Relations and Judiciary Committees of
the House and the Foreign Relations and Judiciary Committees of
the Senate, and a copy of the report should also be provided to
the Homeland Security Committees of the House and Senate. The
Committee understands that it may be necessary to transmit such
a report in a classified form, but requests that an
unclassified version also be provided to the Committees.
Subsection (d) amends section 708(a) of the Foreign Service
Act of 1980 to require that human rights training for Foreign
Service officers include training on trafficking in persons.
Subsection (e) amends section 110(b)(1) of the TVPA to
require that the annual Trafficking in Persons Report issued by
the Department of State include information on steps taken by
international organizations, including, at a minimum, the
United Nations, the Organization for Security and Cooperation
in Europe, and the North Atlantic Treaty Organization, to
prevent the involvement of the organization's personnel in
trafficking or related activities. This subsection further
requires that the Secretary of State, before endorsing a new or
reauthorized international peacekeeping mission under the
auspices of any multilateral organization in which the United
States participates, to report to relevant congressional
committees on the measures taken by the organization to prevent
personnel serving on the peacekeeping mission from being
involved with trafficking or related activities, or committing
acts of sexual exploitation or abuse, and to hold accountable
any who do engage in such acts. The report shall also include
an analysis of the effectiveness of these measures.
The Committee has followed with great concern the
allegations of gross sexual misconduct and exploitation of
refugees and vulnerable people by United Nations peacekeepers
and civilian personnel assigned to the UN peacekeeping mission
in the Democratic Republic of Congo. Human rights groups and
the UN's own internal investigations uncovered over 150
allegations against Mission personnel, typically involving
peacekeepers' sexual contact with Congolese women and girls, as
young as 11, in exchange for food or small sums of money. In
recent years, the UN has struggled to deal with similar
allegations in Sierra Leone, Liberia, Guinea, Kosovo, and
Bosnia and Herzegovina. In the past, the lack of appropriate
codes of conduct for international personnel, including
military service members, contractors, and international
organizations' employees, limited the ability to counter
misconduct. The Committee supports the UN Secretary General's
issuance of policies against sexual exploitation, sexual abuse,
and human trafficking by UN personnel, as well as
recommendations made by Prince Zeid of Jordan in his report
entitled ``A Comprehensive Strategy to Eliminate Future Sexual
Exploitation and Abuse in United Nations Peacekeeping
Operations.'' The United Nations and its Member States must
endorse and actively implement these policies and
recommendations, including in the conduct of peacekeeping
operations. The Committee likewise supports the full
implementation of NATO's anti-trafficking policy adopted in
June 2004.
Section 105. Additional Activities to Monitor and Combat Forced Labor
and Child Labor
Subsection (a) states the sense of Congress that the Office
to Monitor and Combat Trafficking in Persons at the Department
of State should intensify its focus on forced labor in
countries where it is a serious human rights concern. In the
Trafficking in Persons Report submitted to Congress by the
Department of State in June 2005, pursuant to section 110(b) of
the TVPA, the list of countries whose governments were found in
noncompliance with the minimum standards for the elimination of
trafficking, and which were not making significant efforts to
bring themselves into compliance with those standards, was
composed of a large number of countries in which much
trafficking involves forced labor, including women forced into
domestic servitude. As of the deadline for a Presidential
determination and notification pursuant to section 110(c) and
(d) of the TVPA, several of these countries did not take action
to improve their efforts to meet the minimum standards for the
elimination of trafficking. However, in the national interest
of the United States, the President exercised his authority to
waive sanctions against such countries. This Committee remains
committed to combat all severe forms of trafficking in persons,
as defined in the TVPA, and, accordingly, believes that the
Director of the Office to Monitor and Combat Trafficking in
Persons of the Department of State should intensify efforts by
that Office to address forced labor in the countries described
above and in other countries where forced labor continues to be
a serious human rights concern. As the Department has begun
this past year, the Committee expects that part of such
intensified efforts should include increased attention given to
the practice of forced labor in the report required by section
110(b) of the TVPA.
Subsection (b) directs the Department of Labor, acting
through the Bureau of International Labor Affairs, to take
additional steps to monitor and combat forced labor and child
labor. Specifically, the Office is required to monitor the use
of forced labor and prohibited forms of child labor
internationally, to share information on trafficking in forced
labor with the Office to Monitor and Combat Trafficking in
Persons at the State Department, to develop a list of goods
that are produced by forced/child labor, to work with the
producers of such goods to reduce the likelihood of forced/
child labor from being used, and to consult with other agencies
to prevent products made by forced/child labor from entering
the United States. The Committee believes that public-private
partnerships are essential to combat the scourge of forced and
child labor and encourages such partnerships. Private industry,
both domestic and foreign, must be vigilant to ensure that none
of its products are created by or use inputs from forced or
child labor.
Section 201. Prevention of Domestic Trafficking in Persons
The United States not only faces an influx of international
victims of sex and labor trafficking, but also has a problem of
internal trafficking (also referred to as domestic
trafficking), particularly of minors, for the purpose of
commercial sexual exploitation. In consultation with the
committees of jurisdiction over domestic programs, the
Committee amended Title II of the bill, which addresses
trafficking in persons that occurs within the borders of the
United States and victimizes United States citizens or
permanent residents. According to a report issued in 2001 by
researchers at the University of Pennsylvania, the American
youth victimized through commercial sexual exploitation tend to
be runaway or ``thrown away'' youth who live on the streets--
having come from homes where they have been abused, or from
families that have abandoned them, and often become involved in
prostitution as a way to support themselves financially. Among
youth living on the streets in the United States, involvement
in commercial sex activity is a problem of epidemic proportion.
The average age at which girls first become victims of
prostitution is 12-14; for boys the average age of entry into
prostitution is 11-13.
The Committee notes that there are no precise statistics on
the numbers of United States citizens or permanent residents
who have been victimized through trafficking, however, as
documented by the National Center for Missing and Exploited
Children, the National Runaway Switchboard, and researchers at
the University of Pennsylvania, among others, runaway and
homeless children are highly susceptible to commercial sexual
exploitation. An estimated 1.3 million to 2.8 million runaway
and homeless youth live on U.S. streets. The Committee is
concerned about U.S. persons who become subjects of trafficking
for commercial sexual exploitation and encourages the law
enforcement community at the State and local levels to focus
efforts on prosecuting individuals who exploit others through
prostitution and trafficking. New strategies and attention are
needed to prevent the victimization of U.S. persons through
domestic trafficking.
Subsection (a) requires the Secretary of Health and Human
Services and the Attorney General to prepare reports on best
practices for reducing the demand for commercial sex acts,
which feeds the demand for trafficking into prostitution. The
reports shall be posted on the websites of the Department of
Health and Human Services (HHS) and the Department of Justice,
respectively. The Committee does not require that the agencies
conduct a joint study or issue a joint report. Following
completion of each report, the Department of Health and Human
Services and the Department of Justice shall establish and
carry out programs to implement these practices.
Subsection (b) requires that all U.S. Government grants,
contracts or cooperative agreements with private entities
contain a clause authorizing termination if the grantee,
subgrantee, contractor or subcontractor: (a) engages in severe
forms of trafficking in persons or has procured a commercial
sex act during the period of time that the grant, contract or
cooperative agreement is in effect; or (b) uses forced labor in
the performance of the grant, contract, or cooperative
agreement. This subsection is an extension of a requirement
created by the Trafficking Victims Protection Act of 2003
(Public Law 108-193) for grants, contracts and cooperative
agreements entered into by the Federal Government for services
to be provided outside the United States. This subsection
extends that requirement to grants, contracts and cooperative
agreements entered into by the Federal Government for services
to be provided within the United States.
Section 202. Establishment of Grant Program to Develop, Expand, and
Strengthen Assistance Programs for Certain Persons Subject to
Trafficking
This section establishes a grants program administered by
HHS to support victim service providers. The Committee notes
that, as a result of the TVPA, foreign victims of severe forms
of trafficking in the United States are legally required to be
treated as victims, rather than as criminals. The same should
be true for American citizens. Nonetheless, a nongovernmental
organization which advocates for exploited children, ECPAT-USA,
issued a 2005 report (Who Is There to Help Us? How the System
Fails Sexually Exploited Girls in the United States) which
concluded, in relevant part, that ``the implementation of the
TVPA to date, both in terms of services and prosecutions, has
assisted girls from abroad while ignoring girls in similar
situations from the U.S.'' The Committee's intention is that a
grants program be established pursuant to this provision which
will improve the provision of services to U.S. persons who are
subjected to sex trafficking or a severe form of trafficking,
as those terms are defined in this Act.
Section 203. Protection of Juvenile Victims of Trafficking in Persons
This section requires the Department of Health and Human
Services to establish a pilot program to create long-term
residential treatment facilities for United States citizens and
permanent residents who are subjected to trafficking and are
under the age of 18 at the time they are identified as victims
of trafficking. Appropriations of $5 million per year for each
of fiscal years 2006 and 2007 are authorized. The Committee has
learned from both governmental and nongovernmental sources who
work with trafficked children in the United States that a lack
of housing options for such children is a debilitating
impediment to providing effective rehabilitative and
restorative help to escape commercial sexual exploitation. This
section responds to that need. It is the Committee's intention
that the pilot program be undertaken with a view to extending
and expanding the provision of long-term residential treatment
facilities in light of the outcome of the program. The
Committee encourages the implementers of the pilot program to
examine potential means of making the residential facilities
financially self-sustaining, in whole or in part, to the extent
possible.
Section 204. Enhancing State and Local Efforts to Combat Trafficking in
Persons
Based on consultations with the Committee on the Judiciary,
this section establishes a grants program for State and local
law enforcement to improve programs to investigate and
prosecute acts of severe forms of trafficking in persons
occurring within the territorial jurisdiction of the United
States and in which the persons subjected to trafficking are
U.S. citizens or persons admitted for permanent residence. The
Committee intends for a grants program established pursuant to
this section to improve the awareness of State and local law
enforcement authorities about the applicability of the TVPA to
U.S. persons who are victims of a severe form of trafficking
and to improve the ability of such authorities to investigate
and prosecute, either alone or in conjunction with Federal law
enforcement, such crimes when they involve victims who are U.S.
citizens or legal permanent residents. The Committee reaffirms
that under the TVPA any person younger than 18 years old
``induced to perform'' a commercial sex act is considered a
victim of a ``severe form of trafficking.'' The Committee is
concerned that while Federal law recognizes juveniles exploited
through prostitution as victims of crime, State and local
systems may not be focusing efforts on prosecuting the
traffickers, pimps and others, including purchasers of
commercial sex acts, who exploit such juveniles. By focusing
this section on U.S. citizens and permanent residents, the
Committee does not intend to limit or prevent law enforcement
agencies from establishing, developing, expanding, or
strengthening programs to investigate and prosecute acts of
trafficking within the United States which involve trafficked
persons who are not U.S. citizens or permanent residents, nor
does the Committee intend to limit any currently existing
authority of the Department of Justice to conduct grant
programs in support of such efforts. The Committee expects that
the program authorized by this section will be in addition to
the programs that currently exist.
This provision requires grantees to work collaboratively
with victim service providers and other NGOs, including faith-
based organizations. In implementing these grant programs, the
Committee believes that the Department of Justice should give
equal consideration to any application that includes the
involvement of a faith-based organization, a non-faith-based
organization, or both. By requiring that grantees under this
section use a multi-disciplinary approach which involves
working collaboratively with victim service providers and other
relevant nongovernmental organizations, the Committee seeks to
encourage that efforts to prosecute acts of trafficking include
as an integral component the rendering of assistance to
trafficked persons to permanently escape the trafficking
situation.
Section 205. Report to Congress
This section amends section 105(d)(7) of the TVPA, as
amended by the Trafficking Victims Protection Reauthorization
Act of 2003 (Public Law 108-193), to require that the annual
report by the Attorney General to Congress required under that
section will include information on the amount, recipient, and
purpose of each grant issued pursuant to the grants programs
established by sections 202 and 204 of this Act.
Section 206. Definitions
This section states that the terms ``severe forms of
trafficking in persons'' and ``sex trafficking'' used in Title
II have the meanings given those terms in the Trafficking
Victims Protection Act of 2000.
Section 301. Authorizations of Appropriations
This section authorizes funding for fiscal years 2006 and
2007 for programs and activities under the Trafficking Victims
Protection Act and makes amendments to that Act.
Paragraph (1) authorizes an appropriation in support of the
Task Force of $5,500,000 for each of the fiscal years 2006 and
2007, a $500,000 increase from the fiscal years 2004 and 2005
authorized appropriations. The recommended increase in
appropriations is intended to provide for additional staff
positions for the Office to Monitor and Combat Trafficking at
the U.S. Department of State. This paragraph also amends
Section 113(a) of the TVPA to authorize a new appropriation of
$3,000 for each of fiscal years 2006 and 2007 to the Office to
Monitor and Combat Trafficking for official reception and
representation expenses.
Paragraph (2) authorizes appropriations to the Secretary of
Health and Human Services at a level of $15,000,000 for each of
the fiscal years 2006 and 2007.
Paragraph (3) authorizes appropriations for each of the
fiscal years 2006 and 2007 to the Secretary of State for
bilateral assistance to combat trafficking through prevention
programs at $10,000,000; for protection programs at
$10,000,000; and for assistance to foreign countries with
prosecutions and meeting minimum standards for the elimination
of trafficking at $10,000,000. A previously authorized
appropriation of $300,000 for a voluntary contribution to anti-
trafficking programs of the Organization for Security and
Cooperation in Europe is not reauthorized.
Paragraph (4) authorizes appropriations to the Attorney
General of $15,000,000 for each of the fiscal years 2006 and
2007. An additional authorization of appropriations in the
amount of $250,000 to the President, acting through the
Attorney General and the Secretary of State, for each of fiscal
years 2006 and 2007 is made to carry out training activities at
the International Law Enforcement Academies for law enforcement
officers, prosecutors and members of the judiciary, regarding
combating trafficking in persons.
Paragraph (5) authorizes appropriations of $15,000,000 for
each of the fiscal years 2006 through 2007 to the President for
assistance to foreign victims of trafficking, and $15,000,000
for each of the fiscal years 2006 through 2007 for assistance
to foreign countries to meet minimum standards for the
elimination of trafficking. It also authorizes appropriations
to the President in the amount of $300,000 for each of the
fiscal years 2006 and 2007 for carrying out specialized
research in trafficking in persons.
Paragraph (6) authorizes appropriations to the Secretary of
Labor of $10,000,000 for fiscal years 2006 and 2007.
Paragraph (7) creates a new subsection of the TVPA (Sec.
113(h)), which authorizes appropriations to the Federal Bureau
of Investigation (FBI) of $15,000,000 for fiscal year 2006 to
investigate severe forms of trafficking in persons. The FBI
initiative, known as ``Operation Innocence Lost,'' has been
ongoing since 2003, and is sponsored by the FBI Crimes Against
Children Division in conjunction with the Department of Justice
Child Exploitation and Obscenity Section, and the National
Center for Missing and Exploited Children. It is a nationwide
initiative to focus on child victims of interstate sex
trafficking in the United States. It is the Committee's
intention that funds authorized under this paragraph will be
used to expand these efforts. Paragraph (7) further creates a
new subsection 113(i) which authorizes appropriations to the
Secretary of Homeland Security of $18,000,000 for each of the
fiscal years 2006 and 2007 for U.S. Immigration and Customs
Enforcement (ICE) within the Department of Homeland Security to
investigate severe forms of trafficking in persons. ICE
continues to be a major stakeholder in the United States
Government's fight against human traffickers worldwide. ICE's
efforts have led to numerous successful prosecutions and have
established ICE's critical role in these investigations. ICE's
institutional experience and knowledge of these investigations,
as well as its wide range of authorities, expertise, and
capabilities uniquely positions the agency to aggressively
pursue these individuals and criminal organizations that
exploit men, women, and children. The Committee supports the
efforts of the FBI and the Department of Homeland Security to
investigate acts of trafficking in persons, whether the victims
involved are foreign nationals or U.S. citizens.
New Advisory Committees
H.R. 972 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
The Congressional Accountability Act does not apply to
matters in H.R. 972.
Federal Mandates
H.R. 972 provides no Federal mandates.
Committee Jurisdiction Letters
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TRAFFICKING VICTIMS PROTECTION ACT OF 2000
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101. SHORT TITLE.
This division may be cited as the ``Trafficking Victims
Protection Act of 2000''.
* * * * * * *
SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) * * *
(b) Appointment.--The President shall appoint the members
of the Task Force, which shall include the Secretary of State,
the Administrator of the United States Agency for International
Development, the Attorney General, the Secretary of Labor, the
Secretary of Health and Human Services, [the Director of
Central Intelligence] the Director of National Intelligence,
the Secretary of Defense, the Secretary of Homeland Security,
and such other officials as may be designated by the President.
* * * * * * *
(d) Activities of the Task Force.--The Task Force shall
carry out the following activities:
(1) * * *
* * * * * * *
(7) Not later than May 1, 2004, and annually
thereafter, the Attorney General shall submit to the
Committee on Ways and Means, the Committee on
International Relations, and the Committee on the
Judiciary of the House of Representatives and the
Committee on Finance, the Committee on Foreign
Relations, and the Committee on the Judiciary of the
Senate, a report on Federal agencies that are
implementing any provision of this division, or any
amendment made by this division, which shall include,
at a minimum, information on--
(A) * * *
* * * * * * *
(F) the nature of training conducted pursuant
to section 107(c)(4) during the preceding
fiscal year; [and]
(G) the amount, recipient, and purpose of
each grant under sections 202 and 204 of the
Trafficking Victims Protection Reauthorization
Act of 2005; and
[(G)] (H) the activities undertaken by the
Senior Policy Operating Group to carry out its
responsibilities under section 105(f) of this
division.
* * * * * * *
SEC. 106. PREVENTION OF TRAFFICKING.
(a) * * *
* * * * * * *
(g) Termination of Certain Grants, Contracts and
[Cooperative Agreements.--
[(1) Termination.--The President shall] Cooperative
Agreements.--The President shall ensure that any grant,
contract, or cooperative agreement provided or entered
into by a Federal department or agency under which
funds [described in paragraph (2)] are to be provided
to a private entity, in whole or in part, shall include
a condition that authorizes the department or agency to
terminate the grant, contract, or cooperative
agreement, without penalty, if the grantee or any
subgrantee, or the contractor or any subcontractor (i)
engages in severe forms of trafficking in persons or
has procured a commercial sex act during the period of
time that the grant, contract, or cooperative agreement
is in effect, or (ii) uses forced labor in the
performance of the grant, contract, or cooperative
agreement.
[(2) Assistance described.--Funds referred to in
paragraph (1) are funds made available to carry out any
program, project, or activity abroad funded under major
functional budget category 150 (relating to
international affairs).]
(h) Prevention of Trafficking in Conjunction With Post-
Conflict and Humanitarian Emergency Assistance.--The United
States Agency for International Development, the Department of
State, and the Department of Defense shall incorporate anti-
trafficking and protection measures for vulnerable populations,
particularly women and children, into their post-conflict and
humanitarian emergency assistance and program activities.
SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) * * *
* * * * * * *
(c) Trafficking Victim Regulations.--Not later than 180
days after the date of the enactment of this Act, the Attorney
General and the Secretary of State shall promulgate regulations
for law enforcement personnel, immigration officials, and
Department of State officials to implement the following:
(1) * * *
(2) Access to information.--Victims of severe forms
of trafficking shall have access to information about
their rights and translation services. To the extent
practicable, victims of severe forms of trafficking
shall have access to information about federally funded
or administered anti-trafficking programs that provide
services to victims of severe forms of trafficking.
SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) * * *
(b) Criteria.--In determinations under subsection (a)(4),
the following factors should be considered as indicia of
serious and sustained efforts to eliminate severe forms of
trafficking in persons:
(1) * * *
* * * * * * *
(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in
persons, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of severe forms of trafficking in
persons, measures to reduce the demand for commercial
sex acts and for participation in international sex
tourism by nationals of the country, measures to ensure
that its nationals who are deployed abroad as part of a
peacekeeping or other similar mission do not engage in
or facilitate severe forms of trafficking in persons or
exploit victims of such trafficking, and measures to
prevent the use of forced labor or child labor in
violation of international standards.
* * * * * * *
(7) Whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences
public officials who participate in or facilitate
severe forms of trafficking in [persons,] persons,
including nationals of the country who are deployed
abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of
trafficking in persons or exploit victims of such
trafficking, and takes all appropriate measures against
officials who condone such trafficking. After
reasonable requests from the Department of State for
data regarding such investigations, prosecutions,
convictions, and sentences, a government which does not
provide such data consistent with its resources shall
be presumed not to have vigorously investigated,
prosecuted, convicted, or sentenced such acts. During
the periods prior to the annual report submitted on
June 1, 2004, and on June 1, 2005, and the periods
afterwards until September 30 of each such year, the
Secretary of State may disregard the presumption
contained in the preceding sentence if the government
has provided some data to the Department of State
regarding such acts and the Secretary has determined
that the government is making a good faith effort to
collect such data.
* * * * * * *
SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) * * *
(b) Reports to Congress.--
(1) Annual report.--Not later than June 1 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 that shall include--
(A) * * *
(B) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not yet fully comply with such
standards but are making significant efforts to
bring themselves into compliance; [and]
(C) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not fully comply with such
standards and are not making significant
efforts to bring themselves into compliance[.];
and
(D) information on the measures taken by the
United Nations, the Organization for Security
and Cooperation in Europe, the North Atlantic
Treaty Organization and, as appropriate, other
multilateral organizations in which the United
States participates, to prevent the involvement
of the organization's employees, contractor
personnel, and peacekeeping forces in
trafficking in persons or the exploitation of
victims of trafficking.
* * * * * * *
SEC. 112A. RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
[The President] (a) In General.--The President, acting
through the Council of Economic Advisors, the National Research
Council of the National Academies, the Secretary of Labor, the
Secretary of Health and Human Services, the Attorney General,
the Secretary of State, the Administrator of the United States
Agency for International Development, and [the Director of
Central Intelligence] the Director of National Intelligence,
shall carry out research, including by providing grants to
nongovernmental organizations, as well as relevant United
States Government agencies and international organizations,
which furthers the purposes of this division and provides data
to address the problems identified in the findings of this
division. Such research initiatives shall, to the maximum
extent practicable, include, but not be limited to, the
following:
(1) * * *
* * * * * * *
(3) The interrelationship between trafficking in
persons and global health risks, particularly HIV/AIDS.
(4) Subject to subsection (b), the interrelationship
between trafficking in persons and terrorism, including
the use of profits from trafficking in persons to
finance terrorism.
(5) An effective mechanism for quantifying the number
of victims of trafficking on a national, regional, and
international basis.
(6) The abduction and enslavement of children for use
as soldiers, including steps taken to eliminate the
abduction and enslavement of children for use as
soldiers and recommendations for such further steps as
may be necessary to rapidly end the abduction and
enslavement of children for use as soldiers.
(b) Role of Human Smuggling and Trafficking Center.--The
research initiatives described in subsection (a)(4) shall be
carried out by the Human Smuggling and Trafficking Center
(established pursuant to section 7202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458)).
(c) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired
immune deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations in Support of the
Task Force.--To carry out the purposes of sections 104, 105(e),
105(f) and 110, there are authorized to be appropriated to the
Secretary of State $1,500,000 for fiscal year 2001, $3,000,000
for each of the fiscal years 2002 and 2003, [and] $5,000,000
for each of the fiscal years 2004 and 2005, and $5,500,000 for
each of the fiscal years 2006 and 2007. In addition, there are
authorized to be appropriated to the Office to Monitor and
Combat Trafficking for official reception and representation
expenses $3,000 for each of the fiscal years 2006 and 2007.
(b) Authorization of Appropriations to the Secretary of
Health and Human Services.--To carry out the purposes of
section 107(b), there are authorized to be appropriated to the
Secretary of Health and Human Services $5,000,000 for fiscal
year 2001 and $10,000,000 for fiscal year 2002 and $15,000,000
for each of the fiscal years [2004 and 2005] 2004, 2005, 2006,
and 2007.
(c) Authorization of Appropriations to the Secretary of
State.--
(1) Bilateral assistance to combat trafficking.--
(A) Prevention.--To carry out the purposes of
section 106, there are authorized to be
appropriated to the Secretary of State
$10,000,000 for each of the fiscal years [2004
and 2005] 2004, 2005, 2006, and 2007.
(B) Protection.--To carry out the purposes of
section 107(a), there are authorized to be
appropriated to the Secretary of State
$15,000,000 for fiscal year 2003 and
$10,000,000 for each of the fiscal years [2004
and 2005] 2004, 2005, 2006, and 2007.
(C) Prosecution and meeting minimum
standards.--To carry out the purposes of
section 134 of the Foreign Assistance Act of
1961, there are authorized to be appropriated
$10,000,000 for each of the fiscal years [2004
and 2005] 2004, 2005, 2006, and 2007 to assist
in promoting prosecution of traffickers and
otherwise to assist countries in meeting the
minimum standards described in section 108 of
this Act, including $250,000 for each such
fiscal year to carry out training activities
for law enforcement officers, prosecutors, and
members of the judiciary with respect to
trafficking in persons at the International Law
Enforcement Academies.
* * * * * * *
(d) Authorization of Appropriations to Attorney
General.--To carry out the purposes of section 107(b), there
are authorized to be appropriated to the Attorney General
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002 and $15,000,000 for each of the fiscal years [2004 and
2005] 2004, 2005, 2006, and 2007. To carry out the purposes of
section 134 of the Foreign Assistance Act of 1961 (as added by
section 109), there are authorized to be appropriated to the
President, acting through the Attorney General and the
Secretary of State, $250,000 for each of fiscal years [2004 and
2005] 2004, 2005, 2006, and 2007 to carry out training
activities for law enforcement officers, prosecutors, and
members of the judiciary with respect to trafficking in persons
at the International Law Enforcement Academies.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the
purposes of section 106, there are authorized to be
appropriated to the President $5,000,000 for fiscal
year 2001, $10,000,000 for fiscal year 2002, and
$15,000,000 for each of the fiscal years [2003 through
2005] 2003 through 2007.
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 109,
there are authorized to be appropriated to the
President $5,000,000 for fiscal year 2001, $10,000,000
for fiscal year 2002, and $15,000,000 for each of the
fiscal years [2003 through 2005] 2003 through 2007.
(3) Research.--To carry out the purposes of section
112A, there are authorized to be appropriated to the
President [$300,000 for fiscal year 2004 and $300,000
for fiscal year 2005] $300,000 for each of the fiscal
years 2004 through 2007.
(f) Authorization of Appropriations to the Secretary of
Labor.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Labor
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002 and $10,000,000 for each of the fiscal years [2004 and
2005] 2004, 2005, 2006, and 2007.
* * * * * * *
(h) Authorization of Appropriations to Director of the FBI.--
There are authorized to be appropriated to the Director of the
Federal Bureau of Investigation $15,000,000 for fiscal year
2006, to remain available until expended, to investigate severe
forms of trafficking in persons.
(i) Authorization of Appropriations to the Secretary of
Homeland Security.--There are authorized to be appropriated to
the Secretary of Homeland Security, $18,000,000 for each of the
fiscal years 2006 and 2007, to remain available until expended,
for investigations by the Bureau of Immigration and Customs
Enforcement of severe forms of trafficking in persons.
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 95--RACKETEERING
* * * * * * *
Sec. 1956. Laundering of monetary instruments
(a) * * *
* * * * * * *
(c) As used in this section--
(1) * * *
* * * * * * *
(7) the term ``specified unlawful activity'' means--
(A) * * *
(B) with respect to a financial transaction
occurring in whole or in part in the United
States, an offense against a foreign nation
involving--
(i) * * *
* * * * * * *
(v) smuggling or export control
violations involving--
(I) an item controlled on the
United States Munitions List
established under section 38 of
the Arms Export Control Act (22
U.S.C. 2778); or
(II) an item controlled under
regulations under the Export
Administration Regulations (15
C.F.R. Parts 730-774); [or]
(vi) an offense with respect to which
the United States would be obligated by
a multilateral treaty, either to
extradite the alleged offender or to
submit the case for prosecution, if the
offender were found within the
territory of the United States; or
(vii) trafficking in persons, selling
or buying of children, sexual
exploitation of children, or
transporting, recruiting or harboring a
person, including a child, for
commercial sex acts;
* * * * * * *
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 [1581-1591] 1581--1592 (relating to peonage,
slavery, and trafficking in persons)., 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), 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), sections
175-178 (relating to biological weapons), sections 229-
F (relating to chemical weapons), section 831 (relating
to nuclear materials),(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, (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, or (G)
any act that is indictable under any provision listed
in section 2332b(g)(5)(B);
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
Sec.
2421. Transportation generally.
* * * * * * *
2428. Forfeitures.
* * * * * * *
Sec. 2428. Forfeitures
(a) In General.--The court, in imposing sentence on any
person convicted of a violation of this chapter, shall order,
in addition to any other sentence imposed and irrespective of
any provision of State law, that such person shall forfeit to
the United States--
(1) 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
(2) any property, real or personal, constituting or
derived from any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
(b) Property Subject to Forfeiture.--
(1) In general.--The following shall be subject to
forfeiture to the United States and no property right
shall exist in them:
(A) Any property, real or personal, used or
intended to be used to commit or to facilitate
the commission of any violation of this
chapter.
(B) Any property, real or personal, that
constitutes or is derived from proceeds
traceable to any violation of this chapter.
(2) Applicability of chapter 46.--The provisions of
chapter 46 of this title relating to civil forfeitures
shall apply to any seizure or civil forfeiture under
this subsection.
* * * * * * *
PART II--CRIMINAL PROCEDURE
Chap. Sec.
201. General provisions.......................................... 3001
* * * * * * *
212A. Extraterritorial jurisdiction over certain trafficking in
persons offenses.................................... 3271
* * * * * * *
CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING IN
PERSONS OFFENSES
Sec.
3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United
States.
3272. Definitions.
Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government
outside the United States
(a) Whoever, while employed by or accompanying the Federal
Government outside the United States, engages in conduct
outside the United States that would constitute an offense
under chapter 77 or 117 of this title if the conduct had been
engaged in within the United States or within the special
maritime and territorial jurisdiction of the United States
shall be punished as provided for that offense.
(b) No prosecution may be commenced against a person under
this section if a foreign government, in accordance with
jurisdiction recognized by the United States, has prosecuted or
is prosecuting such person for the conduct constituting such
offense, except upon the approval of the Attorney General or
the Deputy Attorney General (or a person acting in either such
capacity), which function of approval may not be delegated.
Sec. 3272. Definitions
As used in this chapter:
(1) The term ``employed by the Federal Government
outside the United States'' means--
(A) employed as a civilian employee of the
Federal Government, as a Federal contractor
(including a subcontractor at any tier), or as
an employee of a Federal contractor (including
a subcontractor at any tier);
(B) present or residing outside the United
States in connection with such employment; and
(C) not a national of or ordinarily resident
in the host nation.
(2) The term ``accompanying the Federal Government
outside the United States'' means--
(A) a dependant of--
(i) a civilian employee of the
Federal Government; or
(ii) a Federal contractor (including
a subcontractor at any tier) or an
employee of a Federal contractor
(including a subcontractor at any
tier);
(B) residing with such civilian employee,
contractor, or contractor employee outside the
United States; and
(C) not a national of or ordinarily resident
in the host nation.
* * * * * * *
----------
SECTION 708 OF THE FOREIGN SERVICE ACT OF 1980
SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) The Secretary of State, with the assistance of other
relevant officials, such as the Ambassador at Large for
International Religious Freedom appointed under section 101(b)
of the International Religious Freedom Act of 1998, the
Director of the Office to Monitor and Combat Trafficking, and
the director of the George P. Shultz National Foreign Affairs
Training Center, shall establish as part of the standard
training provided after January 1, 1999, for officers of the
Service, including chiefs of mission, instruction in the field
of internationally recognized human rights. Such training shall
include--
(1) instruction on international documents and United
States policy in human rights, which shall be mandatory
for all members of the Service having reporting
responsibilities relating to human rights and for
chiefs of mission; [and]
(2) instruction on the internationally recognized
right to freedom of religion, the nature, activities,
and beliefs of different religions, and the various
aspects and manifestations of violations of religious
freedom[.]; and
(3) instruction on international documents and United
States policy on trafficking in persons, including
provisions of the Trafficking Victims Protection Act of
2000 (division A of Public Law 106-386; 22 U.S.C. 7101
et seq.) which may affect the United States bilateral
relationships.
* * * * * * *