S 1842 IS

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.

November 2, 1999

Mr. WELLSTONE introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

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. 3. Definitions.

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- 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 third largest source of profits for organized criminal enterprises, behind only drugs and firearms. Profits from the trafficking industry contribute to the expansion of organized criminal activity in the United States and around the world. 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.

(3) GRANTS-

(A) Subject to the availability of appropriations, the Attorney General may make grants to States, territories, and possessions of the United States (including the Commonwealths of Puerto Rico and the Northern Mariana Islands), Indian tribes, units of local government, and nonprofit, nongovernmental victims' service organizations to develop, expand, or strengthen victim service programs for victims of trafficking.

(B) To receive a grant under this paragraph, an eligible unit of government or organization shall certify that its laws, policies, and practices, as appropriate, do not punish or deny services to victims of 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 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) 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:

(1) FOREIGN ASSISTANCE-

(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-

(A) AUTHORITY-

(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 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

`(a) Whoever--

`(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.

(3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

SEC. 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