HR 3154 IH
106th CONGRESS
1st Session
H. R. 3154
To combat trafficking of persons in the United States and countries
around the world through prevention, prosecution and enforcement against
traffickers, and protection and assistance to victims of trafficking.
IN THE HOUSE OF REPRESENTATIVES
October 27, 1999
Mr. GEJDENSON (for himself, Ms. SLAUGHTER, Mr. LANTOS, Mr. BERMAN, Mr.
ACKERMAN, Mr. FALEOMAVAEGA, Mr. MARTINEZ, Mr. PAYNE, Mr. MENENDEZ, Mr. BROWN of
Ohio, Ms. MCKINNEY, Mr. HASTINGS of Florida, Ms. DANNER, Mr. HILLIARD, Mr.
SHERMAN, Mr. WEXLER, Mr. ROTHMAN, Mr. DAVIS of Florida, Mr. POMEROY, Mr.
DELAHUNT, Mr. MEEKS of New York, Ms. LEE, Mr. CROWLEY, Mr. HOEFFEL, Mr. KING,
Mr. HOUGHTON, Mr. MEEHAN, Ms. WATERS, Mr. COOKSEY, Ms. PELOSI, Ms. DELAURO, Ms.
NORTON, Mr. MORAN of Virginia, Ms. ROYBAL-ALLARD, Mr. GEORGE MILLER of
California, and Ms. KAPTUR) introduced the following bill; which was referred to
the Committee on International Relations, and in addition to the Committees on
the Judiciary, and Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To combat trafficking of persons in the United States and countries
around the world through prevention, prosecution and enforcement against
traffickers, and protection and assistance to victims of trafficking.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Comprehensive
Antitrafficking in Persons Act of 1999'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 4. Interagency task force to monitor and combat trafficking.
Sec. 5. Prevention of trafficking.
Sec. 6. Protection and assistance for victims of trafficking.
Sec. 7. Humanitarian/material witness nonimmigrant visa.
Sec. 8. Sanctions against countries involved in trafficking.
Sec. 9. Strengthening prosecution and punishment of traffickers.
Sec. 10. Annual Country Reports on Human Rights Practices.
Sec. 11. Authorization of appropriations.
SEC. 2. PURPOSES AND FINDINGS.
(a) PURPOSES- The purposes of this Act are to combat both domestically and
internationally the transnational offense of trafficking in persons, a
contemporary manifestation of slavery in which women and children are
predominant victims, through prevention, prosecution and enforcement against
traffickers, and protection and assistance to victims of this egregious
violation of human rights.
(b) FINDINGS- The Congress finds that:
(1) The worldwide trafficking of persons is a growing transnational
crime, migration, economics, labor, public health, and human rights problem
that is significant on nearly every continent.
(2) It is estimated that more than 1,000,000 individuals, primarily
women and children, are trafficked within or across borders annually.
Approximately 50,000 women and children are trafficked into the United
States each year.
(3) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, lack of access to education, chronic
unemployment, discrimination, and lack of viable economic opportunities in
countries of origin. Traffickers lure women and girls into their networks
through false promises of good working conditions at relatively high pay as
nannies, maids, dancers, factory workers, restaurant workers, sales clerks,
or models. Traffickers also buy girls from poor families and sell them into
many types of bonded labor.
(4) Traffickers often facilitate victims' movement from their home
communities to unfamiliar destinations, away from family and friends,
religious institutions, and other sources of protection and support, making
the victims more vulnerable.
(5) Traffickers force victims to perform labor or services such as
prostitution and sexual servitude, domestic servitude, bonded sweatshop
labor, or other work or services. Victims are forced to perform labor or
services through physical violence, including rape and other forms of sexual
abuse, torture, starvation, and imprisonment, and threats of violence and
other forms of psychological abuse and coercion.
(6) Women and children trafficked into the sex industry are exposed to
deadly diseases, including HIV and AIDS. Trafficking victims are sometimes
worked or physically brutalized to death.
(7) Trafficking is perpetrated increasingly by organized and
sophisticated criminal enterprises. Worldwide, the industry is the fastest
growing and 3d largest source of profits for organized criminal enterprises,
behind only drugs and firearms. Profits from the trafficking industry
contribute to the expansion of organized criminal activity in the United
States and around the world. Trafficking often is aided by official
corruption in countries of origin, transit, and destination, thereby
threatening the rule of law.
(8) The United States and the international community are in agreement
that trafficking of persons is a grave violation of human rights and a
matter of pressing international concern. The Universal Declaration of Human
Rights; the Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery; the International
Covenant on Civil and Political Rights; the Convention on the Elimination of
All Forms of Discrimination Against Women; the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, and other
relevant instruments condemn slavery and involuntary servitude, violence and
discrimination against women, and components of the trafficking
scheme.
(9) No comprehensive law exists in the United States that penalizes the
range of offenses involved in the trafficking scheme. Existing United States
laws and infrastructure are not sufficient to deter trafficking to and from
the United States and protect domestic trafficking victims. At present,
traffickers are prosecuted in the United States for violating laws related
to components of the trafficking scheme, such as involuntary servitude,
slave trade offenses, peonage, transportation for coerced or illegal sexual
activities, and immigration laws.
(10) The seriousness of the crime of trafficking in persons is not
reflected in current sentencing guidelines for component crimes of the
trafficking scheme, which results in weak penalties for convicted
traffickers. Adequate services and facilities do not exist to meet the
healthcare, housing, education, and
legal assistance needs for the safe reintegration of domestic trafficking
victims.
(11) Trafficking in persons substantially affects interstate and foreign
commerce and has an impact on the nationwide employment network and labor
market. Trafficking victims may be subjected to dangerous work and living
environments, isolation and restriction of movement, and denial of pay. The
United States must take action to eradicate the substantial burdens on
commerce that result from trafficking in persons and to prevent the channels
of commerce from being used for an immoral and injurious purpose.
(12) Traffickers may make representations to a victim that physical harm
may occur to them or to others should the victim escape or attempt to
escape. These representations may have an equally coercive effect on the
victim as specific threats of harm. It is therefore the intent of Congress
that proof of involuntary servitude or peonage, as it is used in
prosecutions under sections 241, 1581, 1583, 1584, and 1589 of title 18,
United States Code, not be limited to labor or services compelled by the
use, or threatened use, of force or legal coercion. Rather, violations of
these sections may also be established by proof that the labor or service of
a person was obtained or maintained through representations of harm to the
victim or to others. Violations under these sections may also be created by
the use of fraud, deceit, or misrepresentation toward any person in an
effort to wrongfully obtain or maintain the labor or services of that
person, where the person is a minor, an immigrant, one who is mentally
disabled, or one who is otherwise particularly susceptible to
coercion.
(13) Trafficking in persons is a transnational crime with national
implications. In order to end this egregious violation of human rights, the
United States must take measures to strengthen the local and regional
capacity of countries of origin, transit and destination to prevent
trafficking, enforce antitrafficking laws, prosecute traffickers, and
protect trafficking victims. The United States must work bilaterally and
multilaterally to abolish the trafficking industry and take steps to promote
and facilitate cooperation among countries linked together by international
trafficking routes. The United States must urge the international community
to take strong action in multilateral fora to engage recalcitrant countries
in serious and sustained efforts to eliminate trafficking and protect
trafficking victims.
SEC. 3. DEFINITIONS.
For the purposes of this Act (other than section 8):
(1) The term `trafficking' means recruiting or abducting, facilitating,
transferring, harboring or transporting a person, by the threat or use of
force, coercion, fraud or deception, or by the purchase, sale, trade,
transfer or receipt of a person, for the purpose of subjecting that person
to involuntary servitude, peonage, slavery, slavery-like practices, or
forced or bonded labor or services.
(2) The term `victim of trafficking' generally means any person
subjected to the actions set forth in paragraph (1).
SEC. 4. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) ESTABLISHMENT- The President shall establish an Interagency Task Force
to Monitor and Combat Trafficking (in this section referred to as the `Task
Force').
(b) APPOINTMENT- The President shall appoint the members of the Task
Force, which shall include the Secretary of State, the Director of the Agency
for International Development, the Attorney General, the Secretary of Labor,
the Secretary of Health and Human Services, the Director of the Central
Intelligence Agency, and such other officials as may be designated by the
President.
(c) CHAIRMAN- The Task Force shall be chaired by the Secretary of
State.
(d) SUPPORT FOR THE TASK FORCE- The Secretary of State is authorized to
establish within the Department of State an Office to Monitor and Combat
Trafficking, which shall provide assistance to the Task Force. Any such Office
shall be administered by a Director. The Director shall have the primary
responsibility for assisting the Secretary of State in carrying out the
purposes of this Act and may have additional responsibilities as determined by
the Secretary. The Director shall consult with domestic, international
nongovernmental and intergovernmental organizations, and with trafficking
victims or other affected persons. The Director shall have the authority to
take evidence in public hearings or by other means. The Office is authorized
to retain staff members from agencies represented on the Task Force.
(e) ACTIVITIES OF THE TASK FORCE- In consultation with nongovernmental
organizations, the Task Force shall carry out the following activities:
(1) Coordinate the implementation of this Act.
(2) Measure and evaluate progress of the United States and countries
around the world in the
areas of trafficking prevention, protection and assistance to victims of
trafficking, and prosecution and enforcement against traffickers, including the
role of public corruption in facilitating trafficking.
(3) Expand interagency procedures to collect and organize data,
including significant research and resource information on domestic and
international trafficking in persons. Any data collection procedures
established under this subsection shall respect the confidentiality of
victims of trafficking.
(4) Engage in efforts to facilitate cooperation among countries of
origin, transit and destination. Such efforts shall aim to strengthen local
and regional capacities to prevent trafficking, prosecute traffickers and
assist trafficking victims, and shall include initiatives to enhance
cooperative efforts between destination countries and countries of origin
and assist in the appropriate reintegration of stateless victims of
trafficking.
SEC. 5. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING- The President,
acting through the Administrator of the United States Agency for International
Development and the heads of other appropriate agencies, shall establish and
carry out initiatives to enhance economic opportunity for potential victims of
trafficking as a method to deter trafficking. Such initiatives may
include--
(1) microcredit lending programs, training in business development,
skills training, and job counseling;
(2) programs to promote women's participation in economic
decisionmaking;
(3) programs to keep children, especially girls, in elementary and
secondary schools;
(4) development of educational curricula regarding the dangers of
trafficking; and
(5) grants to nongovernmental organizations to accelerate the
empowerment of women in local and regional, political, economic, social, and
educational roles in their countries.
(b) PUBLIC AWARENESS AND INFORMATION- The President, acting through the
Secretary of Labor, the Secretary of Health and Human Services, the Attorney
General, and the Secretary of State, shall establish and carry out programs to
increase public awareness, particularly among potential victims of
trafficking, of the dangers of trafficking and the protections that are
available for victims of trafficking.
(c) CONSULTATION REQUIREMENT- The President shall consult with appropriate
nongovernmental organizations with respect to the establishment and conduct of
initiatives described in subsection (a).
SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES-
(1) IN GENERAL- The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation with
appropriate nongovernmental organizations, shall establish and carry out
programs and initiatives in foreign countries to assist in the safe
reintegration of victims of trafficking and their children. Such programs
and initiatives shall be designed to meet the mental and physical health,
housing, legal, and other assistance needs of such victims and their
children, as identified by the Inter-Agency Task Force to Monitor and Combat
Trafficking established under section 4.
(2) ADDITIONAL REQUIREMENT- The Secretary of State and the Administrator
of the United States Agency for International Development shall take all
appropriate steps to enhance cooperative efforts among foreign countries,
including countries of origin of victims of trafficking, and to assist in
the appropriate reintegration of stateless victims of trafficking with
respect to the establishment and conduct of programs and initiatives
described in paragraph (1).
(b) VICTIMS IN THE UNITED STATES-
(1) ASSISTANCE- Subject to the availability of appropriations and
notwithstanding title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Attorney General, the Secretary of Health
and Human Services, the Secretary of Labor, and the Board of Directors of
the Legal Services Corporation shall expand existing services to provide
assistance to victims of trafficking within the United States, without
regard to the immigration status of such victims.
(2) BENEFITS- Subject to the availability of appropriations and
notwithstanding any other provision of law, victims of trafficking in the
United States shall be eligible, without regard to their immigration status,
for any benefits that are otherwise available under the Crime Victims Fund,
established under the Victims of Crime Act of 1984, including victims'
services, compensation, and assistance.
(A) Subject to the availability of appropriations, the Attorney
General may make grants to States, territories, and possessions of the
United States (including the Commonwealths of Puerto Rico and the Northern
Mariana Islands), Indian tribes, units of local government, and nonprofit,
nongovernmental victims' service organizations to develop, expand, or
strengthen victim service programs for victims of trafficking.
(B) To receive a grant under this paragraph, an eligible unit of
government or organization shall certify that its laws, policies, and
practices, as appropriate, do not punish or deny services to victims of
trafficking on account of the nature of their employment or services
performed in connection with such trafficking.
(C) Of amounts made available for grants under this paragraph, there
shall be set aside 3 percent for research, evaluation and statistics; 2
percent for training and technical assistance; and 1 percent for
management and administration.
(D) The Federal share of a grant made under this paragraph may not
exceed 75 percent of the total costs of the projects described in the
application submitted.
(4) CIVIL ACTION- An individual who is a victim of a violation of
section 1589 of title 18, United States Code, regarding trafficking and
criminal exploitation of workers may bring a civil action in United States
district court. The court may award actual damages, punitive damages,
reasonable attorneys' fees, and other litigation costs reasonably
incurred.
(c) TRAFFICKING VICTIM REGULATIONS- Not later than 180 days after the date
of enactment of this Act, the Attorney General and the Secretary of State
shall promulgate regulations for law enforcement personnel, immigration
officials, and Department of State officials to implement the following:
(1) Trafficking victims, while in the custody or control of the Federal
Government and to the extent practicable, shall be housed in appropriate
shelter as quickly as possible; receive prompt medical care, food, and other
assistance; and be provided protection if a victim's safety is at risk or if
there is danger of additional harm by recapture of the victim by a
trafficker.
(2) Federal law enforcement officials should act, to ensure an alien
individual's continued presence in the United States, if after an
assessment, it is determined that such individual is a victim of trafficking
or a material witness, in order to effectuate prosecution of those
responsible and to further the humanitarian interests of the United
States.
(3) Appropriate personnel of the Department of State and the Department
of Justice are trained in identifying victims of trafficking and providing
for the protection of such victims. Training under this paragraph should
include methods for achieving antitrafficking objectives through the
nondiscriminatory application of immigration and other related laws.
(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating
any private cause of action against the United States or its offices or
employees.
(e) FUNDING- Funds from asset forfeiture under section 1592 of title 18,
United States Code, are authorized to be available in equal amounts for the
purposes of subsections (a) and (b) and shall remain available for obligation
until expended.
SEC. 7. HUMANITARIAN/MATERIAL WITNESS NONIMMIGRANT VISA.
(a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION- Section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (R), by striking `or' at the end;
(2) in subparagraph (S), by striking the comma at the end and inserting
`; or'; and
(3) by inserting after subparagraph (S) the following:
`(T) subject to 214(n), an alien (and the alien spouse, children, and
parents of the alien if accompanying or following to join the alien) who the
Attorney General determines--
`(i) possesses material information concerning criminal or other
unlawful activity;
`(ii) is willing to supply or has supplied such information to Federal
or State law enforcement officials;
`(iii) would be helpful, were the alien to remain in the United
States, to a properly authorized Federal or State investigation or
prosecution of the criminal or other unlawful activity; and
`(iv) has suffered significant physical or mental abuse as a result of
the criminal or other unlawful activity.'.
(b) NUMERICAL LIMITATIONS; PERIOD OF ADMISSIONS- Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended--
(1) by redesignating the subsection (l) added by section 625(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public
Law 104-208; 110 Stat. 3009-1820) as subsection (m); and
(2) by adding at the end the following:
`(n)(1) The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(T) in any fiscal year may not exceed 1,000.
`(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
`(3) The period of authorized admission of an alien as such a nonimmigrant
may not exceed 3 years. Such period may not be extended by the Attorney
General.
`(4) As a condition for admission, and continued stay in lawful status of
such a nonimmigrant, the nonimmigrant--
`(A) may not be convicted of any criminal offense punishable by a term
of imprisonment of 1 year or more after the date of such admission;
`(B) must have executed a form that waives the nonimmigrant's right to
contest, other than on the basis of an application for withholding of
removal, any action for removal of the alien instituted before the alien
obtains lawful permanent resident status; and
`(C) shall abide by any other condition, limitation, or restriction
imposed by the Attorney General.'.
(c) PROHIBITION OF CHANGE OF STATUS- Section 248(1) of the Immigration and
Nationality Act (8 U.S.C. 1258(1)) is amended by striking `or (S)' and
inserting `(S), or (T)'.
(d) ADJUSTMENT TO PERMANENT RESIDENT STATUS- Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following:
`(l)(1) The Attorney General may adjust the status of an alien admitted
into the United States under section 101(a)(15)(T) (and the spouse, children,
and parents of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if--
`(A) in the opinion of the Attorney General, the alien's continued
presence in the United States is justified on humanitarian grounds or is
otherwise in the national interest; and
`(B) the alien is not described in subparagraph (A)(i)(I), (A)(ii),
(A)(iii), (C), or (E) of section 212(a)(3).
`(2) Upon the approval of adjustment of status under paragraph (1), the
Attorney General shall record the alien's lawful admission for permanent
residence as of the date of such approval and the Secretary of State shall
reduce by one the number of visas authorized to be issued under sections
201(d) and 203(b)(4) for the fiscal year then current.'.
(e) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c)(5) of the Immigration
and Nationality Act (8 U.S.C. 1255(c)(5)) is amended by striking `section
101(a)(15)(S),' and inserting `subparagraph (S) or (T) of section
105(a)(15);'.
SEC. 8. SANCTIONS AGAINST COUNTRIES INVOLVED IN TRAFFICKING.
(a) AUTHORITY TO IMPOSE SANCTIONS- The President may impose any of the
measures described in subsection (b) against any foreign country that has made
little or no progress on reducing trafficking, implementing any necessary
antitrafficking laws, enforcing antitrafficking laws (including the
prosecution of traffickers), or protecting and assisting victims of
trafficking.
(b) SANCTIONS THAT MAY BE IMPOSED- The measures described in this
subsection are the following:
(A) IN GENERAL- Subject to subparagraph (B), the President may deny to
the country assistance of any kind which is provided by grant, sale, loan,
lease, credit, guaranty, or insurance, or by any other means, by any
agency or instrumentality of the United States Government.
(B) EXCEPTION- Subparagraph (A) shall not apply to assistance under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any
successor provision of law, or the Arms Export Control Act (22 U.S.C. 2751
et seq.) that is intended to benefit the people of that country directly
and that is not channeled through governmental agencies or entities of
that country.
(2) MULTILATERAL DEVELOPMENT BANK ASSISTANCE-
(A) IN GENERAL- The President may instruct the United States Executive
Director to each international financial institution described in
subparagraph (B) to use the voice and vote of the United States to oppose
any loan or financial or technical assistance to the country by such
international financial institution.
(B) INTERNATIONAL FINANCIAL INSTITUTIONS DESCRIBED- The international
financial institutions described in this subparagraph are the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the African Development Bank, the
European Bank for Reconstruction and Development, and the International
Monetary Fund.
(3) PROHIBITION OF ARMS SALES- The President may prohibit the transfer
of defense articles, defense services, or design and construction services
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including
defense articles and defense services licensed or approved for export under
section 38 of that Act (22 U.S.C. 2778), to the country or any national of
the country.
(4) EXPORT RESTRICTIONS- The President may prohibit or otherwise
substantially restrict exports to the country of goods, technology, and
services (excluding agricultural commodities and products otherwise subject
to control) and may suspend existing licenses for the transfer to that
person of items the export of which is controlled under the Export
Administration Act of 1979 or the Export Administration Regulations.
(5) ADDITIONAL MEASURES UNDER IEEPA-
(i) IN GENERAL- The President may exercise IEEPA authorities (other
than authorities relating to importation) without regard to section 202
of the International Emergency Economic Powers Act (50 U.S.C. 1701) in
the case of any foreign country that has made little or no progress on
reducing trafficking, implementing any necessary antitrafficking laws
(including the prosecution of traffickers), or in the case of a person
that is on the list published under subparagraph (B).
(ii) PENALTIES- The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) apply to
violations of any license, order, or regulation issued under this clause
(i).
(iii) IEEPA AUTHORITIES- For purposes of clause (i), the term `IEEPA
authorities' means the authorities set forth in section 203(a) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(a)).
(B) SANCTIONS AGAINST PERSONS-
(i) INITIAL DETERMINATION AND PUBLICATION- The Secretary of State
may make a determination of those persons who are trafficking directly
or indirectly in the United States or any of its territories and
possessions and shall, if such a determination is made, publish the list
of such persons in the Federal Register.
(ii) REVISIONS TO LIST- The Secretary of State shall make additions
or deletions to any list published under clause (i) on an ongoing basis
based on the latest information available.
(iii) CONSULTATION- The Secretary of State shall consult with the
following officers in carrying out clauses (i) and (ii):
(I) The Attorney General.
(II) The Director of Central Intelligence.
(III) The Director of the Federal Bureau of
Investigation.
(IV) The Secretary of Labor.
(V) The Secretary of Health and Human Services.
(c) REPORT TO CONGRESS- Upon exercising the authority of subsection (a),
the President shall report to the Congress on the measures applied and the
reasons for the application of the measures.
SEC. 9. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) TITLE 18 AMENDMENTS- Chapter 77 of title 18, United States Code, is
amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking `10 years' and inserting `20 years'
(B) by adding at the end the following: `If, in addition to the
foregoing elements, death results from a violation of this section, or if
such violation includes kidnaping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit aggravated sexual abuse, or an
attempt to kill, the defendant shall be fined under this title or
imprisoned for any term of years or life, or both.';
(3) by inserting at the end the following:
`Sec. 1589. Trafficking and criminal exploitation of workers
`(1) recruits, harbors, provides, transports, employs, purchases, sells,
or secures, by any means, any person, knowing or having reason to know that
person is or will be subjected to involuntary servitude or peonage or to
unlawfully exploitative labor conditions as described in subsection (b) of
this section, shall be fined under this title or imprisoned not more than 20
years, or both; and if, in addition to the foregoing elements, death results
from an act committed in violation of this section, or if such act includes
kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to
commit aggravated sexual abuse, or an attempt to kill, shall be fined under
this title or imprisoned for any term of years or life, or both; or
`(2) in any way, financially or otherwise, knowingly benefits from, or
makes use of, the labor or services of a person held to a condition of
involuntary servitude or peonage, shall be fined under this title or
imprisoned not more than 10 years, or both.
`(b) As used in this section, the term `unlawfully exploitative labor
conditions' means that the labor or services of a person are obtained or
maintained through any scheme or artifice to defraud, or by means of any plan
or pattern, including but not limited to false and fraudulent pretenses and
misrepresentations, such that the person reasonably believes that he has no
viable alternative but to perform the labor or services.
`(c) This section does not apply to labor performed as a punishment for a
crime whereof the party shall have been duly convicted.
`Sec. 1590. unlawful possession of documents in furtherance of trafficking,
criminal worker exploitation, involuntary servitude, or peonage
`(a) Whoever destroys, conceals, removes, confiscates, or possesses any
identification, passport, or other immigration documents, or any other
documentation of another person--
`(1) in the course of, or under circumstances which facilitate--
`(A) a violation of section 1581, 1583, 1584, or 1589 or a conspiracy
or attempt to commit such a violation;
`(B) the unlawful entry or attempted unlawful entry of the person into
the United States;
`(2) to prevent or restrict, without lawful authority, the person's
liberty to move or travel in interstate or foreign commerce; or
`(3) to conceal or impair the investigation or prosecution of a
violation of Federal criminal law, shall be fined under this title or
imprisoned for not more than 5 years, or both.
`Sec. 1591. Mandatory restitution
`(a) Notwithstanding sections 3663 or 3663A, and in addition to any other
civil or criminal penalties authorized by law, the court shall order
restitution for any offense under this chapter.
`(b)(1) The order of restitution under this section shall direct the
defendant to pay the victim (through the appropriate court mechanism) the full
amount of the victim's losses, as determined by the court under paragraph (3)
of this subsection.
`(2) An order of restitution under this section shall be issued and
enforced in accordance with section 3664 in the same manner as an order
under section 3663A.
`(3) As used in this subsection, the term `full amount of the victim's
losses' has the same meaning as provided in section 2259(b)(3) and shall in
addition include the greater of the gross income or value to the defendant
of the victim's services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of the Fair Labor
Standards Act (29 U.S.C. 201, et seq.).
`(c) As used in this section, the term `victim' means the individual
harmed as a result of a crime under this chapter, including, in the case of a
victim who is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or a representative of the victim's estate,
or another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named such representative or
guardian.
`Sec. 1592. General provisions
`(a) In a prosecution under sections 1581, 1583, 1584, or 1589, a
condition of involuntary servitude or peonage may be established by proof that
the defendant obtained or maintained the labor or service of any person--
`(1) by the use, or threatened use, of force, violence, physical
restraint, or physical injury, or by the use or threatened use of coercion
through law or the legal process;
`(2) through representations made to any person that physical harm may
occur to that person, or to another, in an effort to wrongfully obtain or
maintain the labor or services of that person; or
`(3) by the use of fraud, deceit, or misrepresentation toward any person
in an effort to wrongfully obtain or maintain the labor or services of that
person, where the person is a minor, an immigrant, one who is mentally
disabled, or one who is otherwise particularly susceptible to
coercion.
`(b) An attempt to violate sections 1581, 1583, 1584, or 1589 shall be
punishable in the same manner as a completed violation of each of these
sections, respectively.
`(c)(1) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other sentence
imposed and irrespective
of any provision of State law, that such person forfeit to the United
States--
`(A) such person's interest in any property, real or personal, that was
used or intended to be used to commit or to facilitate the commission of
such violation; and
`(B) any property, real or personal, constituting or derived from, any
proceeds that such person obtained, directly or indirectly, as a result of
such violation.
`(2) The criminal forfeiture of property under this subsection, any
seizure and disposition thereof, and any administrative or judicial proceeding
in relation thereto, shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853),
except subsection (d) of that section.
`(d)(1) The following shall be subject to forfeiture to the United States
and no property right shall exist in them--
`(A) any property, real or personal, used or intended to be used to
commit or to facilitate the commission of any violation of this chapter;
and
`(B) any property, real or personal, which constitutes or is derived
from proceeds traceable to any violation of this chapter.
`(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.'; and
(4) by amending the table of sections at the beginning of chapter 77 by
adding at the end the following new items:
` 1589. Trafficking and criminal exploitation of workers.
` 1590. Unlawful possession of documents in furtherance of trafficking,
criminal worker exploitation, involuntary servitude, or peonage.
` 1591. Mandatory restitution.
` 1592. General provisions.'.
(b) AMENDMENT TO THE SENTENCING GUIDELINES-
(1) Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons convicted of offenses
involving the trafficking of persons including component or related crimes
of peonage, involuntary servitude, slave trade offenses, coercive worker
exploitation, and possession, transfer or sale of false immigration
documents to further exploitation of workers, and the Fair Labor Standards
Act and the Migrant and Seasonal Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing Commission
shall--
(A) to ensure that these sentencing guidelines and policy statements
applicable to the offenses described in paragraph (1) of this subsection
are sufficiently stringent to deter and adequately reflect the heinous
nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to
offenses involving worker exploitation to the guidelines applicable to
peonage, involuntary servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted of
the offenses described in paragraph (1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant
violations;
(iii) involve the use or threatened use of a dangerous weapon;
or
(iv) result in the death or bodily injury of any person.
(2) The Commission may promulgate the guidelines or amendments under
this subsection in accordance with the procedures set forth in section 21(a)
of the Sentencing Act of 1987, as though the authority under that Act had
not expired.
SEC. 10. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) IN GENERAL- The Secretary of State, acting through the Assistant
Secretary of Democracy, Human Rights and Labor, shall, as part of the annual
Country Reports on Human Rights Practices, include information to address the
status of international trafficking in persons, including--
(1) a description of the nature and extent of trafficking in persons in
each country;
(2) a description and assessment of the efforts of countries to combat
trafficking through prevention, prosecution, and enforcement against
traffickers, and to protect and assist trafficking victims; and
(3) the role of official corruption in facilitating trafficking of
persons in each country.
(b) ADDITIONAL REQUIREMENT- Information described in subsection (a) shall
be included in the annual Country Reports on Human Rights Practices separately
on a country-by-country basis.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR THE INTERAGENCY TASK FORCE- To
carry out the purposes of section 4, there are authorized to be appropriated
to the Secretary of State $3,000,000 for fiscal year 2001 and $3,000,000 for
fiscal year 2002.
(b) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HEALTH AND HUMAN
SERVICES- To carry out the purposes of section 6(b) there are authorized to be
appropriated to the Secretary of Health and Human Services $10,000,000 for
fiscal year 2001 and $10,000,000 for fiscal year 2002.
(c) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE- To carry
out the purposes of section 6(a) there are authorized to be appropriated to
the Secretary of State $10,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GENERAL- To carry out the
purposes of section 6(b) there are authorized to be appropriated to the
Attorney General $10,000,000 for fiscal year 2001 and $10,000,000 for fiscal
year 2002.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESIDENT- To carry out the
purposes of Section 5 there are authorized to be appropriated to the President
$10,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 2002.
(f) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF LABOR- To carry
out the purposes of section 6(b) there are authorized to be appropriated to
the Secretary of Labor $10,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002.
END