S 2449 IS
106th CONGRESS
2d Session
S. 2449
To combat trafficking of persons, especially into the sex trade,
slavery, and slavery-like conditions, in the United States and countries around
the world through prevention, prosecution, and enforcement against traffickers,
and through protection and assistance to victims of trafficking.
IN THE SENATE OF THE UNITED STATES
April 13, 2000
Mr. BROWNBACK introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
A BILL
To combat trafficking of persons, especially into the sex trade,
slavery, and slavery-like conditions, in the United States and countries around
the world through prevention, prosecution, and enforcement against traffickers,
and through 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 `International Trafficking
Act of 2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 4. Annual Country Reports on Human Rights Practices.
Sec. 5. Interagency task force to monitor and combat trafficking.
Sec. 6. Prevention of trafficking.
Sec. 7. Protection and assistance for victims of trafficking.
Sec. 8. Minimum standards for the elimination of trafficking.
Sec. 9. Assistance to foreign countries to meet minimum standards.
Sec. 10. Actions against governments failing to meet minimum
standards.
Sec. 11. Actions against traffickers in persons.
Sec. 12. Strengthening prosecution and punishment of traffickers.
Sec. 13. Authorization of appropriations.
SEC. 2. PURPOSES AND FINDINGS.
(a) PURPOSES- The purposes of this Act are to combat trafficking in
persons, a contemporary manifestation of slavery whose victims are
predominantly women and children, to ensure just and effective punishment of
traffickers, and to protect their victims.
(b) FINDINGS- Congress finds that:
(1) As we begin the 21st century, the degrading institution of slavery
continues throughout the world. Sex trafficking is a modern day form of
slavery and it is the largest manifestation of slavery today. Millions of
people every year, primarily women and children, are trafficked within or
across international borders. Approximately 50,000 women and children are
trafficked into the United States each year.
(2) Many of these persons are trafficked into the international sex
trade, often by force, fraud, or coercion. The sex industry has rapidly
expanded over the past several decades. It involves sexual exploitation of
persons, predominantly women and girls, involving activities related to
prostitution, pornography, sex tourism, and other commercial sexual
services. The low status of women in many parts of the world has contributed
to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This
growing transnational crime also includes forced labor, and involves
significant violations of minimal labor, public health, and human rights
standards worldwide.
(4) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, lack of access to education, chronic
unemployment, discrimination, and lack of viable economic opportunities in
countries of origin. Traffickers lure women and girls into their networks
through false promises of decent working conditions at relatively good pay
as nannies, maids, dancers, factory workers, restaurant workers, sales
clerks, or models. Traffickers also buy children from poor families and sell
them into prostitution or into various types of forced or bonded
labor.
(5) Traffickers often transport victims from their home communities to
unfamiliar destinations, including different countries away from family and
friends, religious institutions, and other sources of protection and
support, leaving the victims defenseless and vulnerable.
(6) Victims are often forced through physical violence to engage in sex
acts or perform slavery-like labor. Such force includes rape and other forms
of sexual abuse, torture, starvation, imprisonment, threats, psychological
abuse, and coercion.
(7) Traffickers often make representations to their victims that
physical harm may occur to them or others should they escape or attempt to
escape. Such threats can have the same coercive effects on victims as actual
infliction of harm.
(8) Trafficking in persons is increasingly perpetrated by organized,
sophisticated criminal enterprises. Such trafficking is the fastest growing
source of profits for organized criminal enterprises worldwide. Profits from
the trafficking industry contribute to the expansion of organized crime in
the United States and worldwide. Trafficking often is aided by official
corruption in countries of origin, transit, and destination, thereby
threatening the rule of law.
(9) Trafficking includes all the elements of the crime of forcible rape,
when it involves the involuntary participation of another person in sex acts
by means of fraud, force, or coercion.
(10) Trafficking also involves violations of other laws, including labor
and immigration codes and laws against kidnapping, slavery, false
imprisonment, assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health risk. Women and
children trafficked into the sex industry are exposed to deadly diseases,
including HIV and AIDS. Trafficking victims are sometimes worked or
physically brutalized to death.
(12) Trafficking in persons involving slavery-like labor practices
substantially affects interstate and foreign commerce. The United States
must take action to eradicate the substantial burdens on commerce that
result from trafficking in persons and to prevent the channels of commerce
from being used for immoral and injurious purposes.
(13) Trafficking of persons is an evil requiring concerted and vigorous
action by countries of origin, transit or destination, and by international
organizations.
(14) Existing legislation and law enforcement in the United States and
other countries are inadequate to deter trafficking and bring traffickers to
justice, failing to reflect the gravity of the offenses involved. No
comprehensive law exists in the United States that penalizes the range of
offenses involved in the trafficking scheme. Instead, even the most brutal
instances of trafficking into the sex industry are often punished under laws
that also apply to lesser offenses such as consensual sexual activity and
illegal immigration, so that traffickers typically escape deserved
punishment.
(15) In the United States, the seriousness of this crime and its
components are not reflected in current sentencing guidelines, resulting in
weak penalties for convicted traffickers. Additionally adequate services and
facilities do not exist to meet the needs of health care, housing,
education, and legal assistance, which safely reintegrate domestic
trafficking victims.
(16) In some countries, enforcement against traffickers is also hindered
by official indifference, by corruption, and sometimes even by official
participation in trafficking.
(17) Existing laws often fail to distinguish between victims of
trafficking and traffickers, and often because victims are illegal
immigrants in the destination country, they are repeatedly punished more
harshly than the traffickers themselves.
(18) Victims of trafficking often find it difficult or impossible to
report the crimes committed against them or to assist in the investigation
and prosecution of such crimes. This is because they are frequently
unfamiliar with the laws, culture, and language of the countries into which
they are trafficked. Also, they are often subjected to coercion,
intimidation, physical detention, debt bondage, and fear of forcible removal
to countries where they face hardship.
(19) The United States and the international community agree that
trafficking in persons involves grave violations of human rights and is a
matter of pressing international concern. The international community has
repeatedly condemned slavery and involuntary servitude, violence against
women, and other elements of trafficking, through declarations, treaties,
United Nations resolutions and reports, including the Universal Declaration
of Human Rights; the 1956 Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery;
the 1957 Abolition of Forced Labor Convention; 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; United Nations General
Assembly Resolutions 50/167, 51/66, and 52/98; the Final Report of the World
Congress against Sexual Exploitation of Children (Stockholm, 1996); the
Fourth World Conference on Women (Beijing, 1995); and the 1991 Moscow
Document of the Organization for Security and Cooperation in Europe.
(20) Trafficking in persons is a transnational crime with national
implications. To deter international trafficking and bring its perpetrators
to justice, nations including the United States must recognize that
trafficking is a serious offense. This is done by prescribing appropriate
punishment, giving priority to the prosecution of trafficking offenses, and
protecting rather than punishing the victims of such offenses. The United
States must work bilaterally and multilaterally to abolish the trafficking
industry by taking steps to promote cooperation among countries linked
together by international trafficking routes. The United States must also
urge the international community to take strong action in multilateral fora
to engage recalcitrant countries in serious and sustained efforts to
eliminate trafficking and protect trafficking victims.
SEC. 3. DEFINITIONS.
(1) ACT OF A SEVERE FORM OF TRAFFICKING IN PERSONS- The term `act of a
severe form of trafficking in persons' means any act at any point in the
process of a severe form of trafficking in persons, including--
(A) any act of recruitment, harboring, transport, provision,
employment, securing, transfer, purchase, sale or receipt of a victim of
such trafficking; or
(i) operation, management, or ownership of an enterprise in which a
victim of such trafficking engages in a commercial sex act, is subjected
to slavery or a slavery-like practice, or is expected or induced to
engage in such acts or is subjected to such condition or practice;
or
(ii) sharing in the profits of a severe form of trafficking in
persons or any part thereof.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives.
(3) COERCION- The term `coercion' means the use of force, violence,
physical restraint, deception, or acts or circumstances not necessarily
including physical force but calculated to have the same effect, such as the
credible threat of force or of the infliction of serious harm.
(4) COMMERCIAL SEX ACT- The term `commercial sex act' means any sex act
whereby anything of value is given to or received by any person.
(5) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING- The term
`minimum standards for the elimination of trafficking' means the standards
set forth in section 8.
(6) NONHUMANITARIAN NONTRADE FOREIGN ASSISTANCE- The term
`nonhumanitarian nontrade foreign assistance' means--
(A) any assistance under the Foreign Assistance Act of 1961, other
than--
(i) assistance under chapter 4 of part II of that Act that is made
available for any program, project, or activity eligible for assistance
under chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of part I of that Act;
(iii) any other narcotics-related assistance under part I of that
Act or under chapter 4 or 5 of part II of that Act, but any such
assistance provided under this clause shall be subject to the prior
notification procedures applicable to reprogrammings pursuant to section
634A of that Act;
(iv) disaster relief assistance, including any assistance under
chapter 9 of part I of that Act;
(v) antiterrorism assistance under chapter 8 of part II of that
Act;
(vi) assistance which involves the provision of food (including
monetization of food) or medicine;
(vii) assistance for refugees;
(viii) humanitarian and other development assistance in support of
programs of nongovernmental organizations under chapters 1 and 10 of
that Act;
(ix) programs under title IV of chapter 2 of part I of that Act,
relating to the Overseas Private Investment Corporation; or
(x) programs involving trade-related assistance; and
(B) sales, or financing on any terms, under the Arms Export Control
Act, other than sales or financing provided for narcotics-related purposes
following notification in accordance with the prior notification
procedures applicable to reprogrammings pursuant to section 634A of the
Foreign Assistance Act of 1961.
(7) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of
trafficking in persons' means--
(A) sex trafficking in which either a commercial sex act or any act or
event contributing to such act is effected or induced by fraud, force,
coercion, or deception, or in which the person induced to perform such act
has not attained 18 years of age; or
(B) the recruitment, harboring, provision, transportation, employment,
transfer, receipt, purchase, sale, or securing, by any means, of a person,
through the use of force, coercion, fraud, or deception, for the purpose
of subjection to involuntary servitude, peonage, or slavery or
slavery-like practices.
(8) SEX TRAFFICKING- The term `sex trafficking' means the purchase,
sale, recruitment, harboring, transportation, transfer, or receipt of a
person for the purpose of a commercial sex act.
(9) SLAVERY-LIKE PRACTICES- The term `slavery-like practices' means the
inducement of a person to perform labor or other services, or an act by
force, fraud, coercion, or any scheme, plan, or pattern to cause the person
to believe that failure to perform the work will result in--
(A) the infliction of serious harm;
(B) debt bondage in which labor or services are pledged for debt on
terms calculated never to allow full payment of the debt or otherwise
amounting to indentured servitude for life or for an indefinite period;
or
(C) subjection of the person to conditions so harsh or degrading as to
provide a clear indication that the person has been subjected to them by
force, fraud, or coercion.
(10) VICTIM OF TRAFFICKING- The term `victim of trafficking' means a
person subjected to an act or practice described in paragraph (7) or
(8).
(11) VICTIM OF A SEVERE FORM OF TRAFFICKING- The term `victim of a
severe form of trafficking' means a person subject to an act or practice
described in paragraph (7).
SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Secretary of State, with the assistance of the Assistant Secretary of
Democracy, Human Rights and Labor, shall, as part of the annual Country
Reports on Human Rights Practices, include information on the status of
trafficking in persons, including the following information:
(1) A list of foreign countries that are countries of origin, transit,
or destination for a significant number of victims of severe forms of
trafficking.
(2) A description of the nature and extent of severe forms of
trafficking in persons in each country.
(3) An assessment of the efforts by the governments described in
paragraph (1) to combat severe forms of trafficking. Such an assessment
shall address--
(A) whether any governmental authorities tolerate or are involved in
such trafficking;
(B) which governmental authorities are involved in activities to
combat such trafficking;
(C) what steps the government has taken against its officials who
participate in, facilitate, or condone such trafficking;
(D) what steps the government has taken to investigate and prosecute
officials who participate in or facilitate such trafficking;
(E) what steps the government has taken to prohibit other individuals
from participating in such trafficking, including the investigation,
prosecution, and conviction of individuals involved in severe forms of
trafficking in persons, the criminal and civil penalties for such
trafficking, and the efficacy of those penalties in eliminating or
reducing such trafficking;
(F) what steps the government has taken to assist victims of such
trafficking, including efforts to prevent victims from being
further
victimized by traffickers, government officials, or others, grants of stays
of deportation, and provision of humanitarian relief, including provision of
mental and physical health care and shelter;
(G) whether the government--
(i) is cooperating with governments of other countries to extradite
traffickers when requested;
(ii) is assisting in international investigations of transnational
trafficking networks and in other cooperative efforts to combat
trafficking;
(iii) refrains from prosecuting victims of severe forms of
trafficking and from other discriminatory treatment of such victims due
to such victims having been trafficked, or due to their having left or
entered the country illegally; and
(iv) recognizes the rights of victims and ensures their access to
justice.
(4) Information described in paragraph (2) and, where appropriate, in
paragraph (3) shall be included in the annual Country Reports on Human
Rights Practices on a country-by-country basis.
(5) In addition to the information described in this section, the Annual
Country Reports on Human Rights Practices may contain such other information
relating to trafficking in persons as the Secretary determines to be
appropriate.
SEC. 5. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) ESTABLISHMENT- The President shall establish an Interagency Task Force
to Monitor and Combat Trafficking (in this Act 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 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, 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 headed 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 organizations, and multilateral organizations, including the
Organization of American States, the Organization for Security and Cooperation
in Europe, and the United Nations, 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 other
countries in the areas of trafficking prevention, protection and assistance
to victims of trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in facilitating
trafficking.
(3) Expand interagency procedures to collect and organize data,
including significant research and resource information on domestic and
international trafficking. Any data collection procedures established under
this subsection shall respect the confidentiality of victims of
trafficking.
(4) Engage in efforts to facilitate cooperation among countries of
origin, transit, and destination. Such efforts shall aim to strengthen local
and regional capacities to prevent trafficking, prosecute traffickers and
assist trafficking victims, and shall include initiatives to enhance
cooperative efforts between destination countries and countries of origin
and assist in the appropriate reintegration of stateless victims of
trafficking.
(5) Examine the role of the international `sex tourism' industry in the
trafficking of persons and in the sexual exploitation of women and children
around the world.
(6) Engage in advocacy, with governmental and nongovernmental
organizations, among other entities, to advance the purposes of this
Act.
SEC. 6. PREVENTION OF TRAFFICKING.
(a) ECONOMIC ALTERNATIVES TO PREVENT AND DETER TRAFFICKING- The President,
acting through the Administrator of the United States Agency for International
Development and the heads of other appropriate agencies, shall establish and
carry out initiatives to enhance economic opportunity for potential victims of
trafficking as a method to deter trafficking. Such initiatives may
include--
(1) microcredit lending programs, training in business development,
skills training, and job counseling;
(2) programs to promote women's participation in economic
decisionmaking;
(3) programs to keep children, especially girls, in elementary and
secondary schools, and to educate children, women, and men who have been
victims of trafficking;
(4) development of educational curricula regarding the dangers of
trafficking; and
(5) grants to nongovernmental organizations to accelerate and advance
the political, economic, social, and educational roles and capacities of
women in their countries.
(b) PUBLIC AWARENESS AND INFORMATION- The President, acting through the
Secretary of Labor, the Secretary of Health and Human Services, the Attorney
General, and the Secretary of State, shall establish and carry out programs to
increase public awareness, particularly among potential victims of
trafficking, of the dangers of trafficking and the protections that are
available for victims of trafficking.
(c) CONSULTATION REQUIREMENT- The President shall consult with appropriate
nongovernmental organizations with respect to the establishment and conduct of
initiatives described in subsections (a) and (b).
SEC. 7. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries-
(1) IN GENERAL- The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation with
appropriate nongovernmental organizations, shall establish and carry out
programs and initiatives in foreign countries to assist in the safe
integration, reintegration, or resettlement, as appropriate, of victims of
trafficking and their children and, if appropriate, their spouses and
parents. Such programs and initiatives shall be designed to meet the mental
and physical health, housing, legal, and other assistance needs of such
persons and their children, as identified by the Inter-Agency Task Force to
Monitor and Combat Trafficking established under section 5.
(2) ADDITIONAL REQUIREMENT- In establishing and conducting programs and
initiatives described in paragraph (1), the Secretary of State and the
Administrator of the United States Agency for International Development
shall take all appropriate steps to enhance cooperative efforts among
foreign countries, including countries of origin of victims of trafficking,
to assist in the integration, reintegration, or resettlement, as
appropriate, of victims of trafficking including stateless victims.
(b) Victims in the United States-
(1) ASSISTANCE- Subject to the availability of appropriations and
notwithstanding title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Attorney General, the Secretary of Health
and Human Services, the Secretary of Labor, and the Board of Directors of
the Legal Services Corporation shall expand existing services to provide
assistance to victims of severe forms of trafficking in persons within the
United States, without regard to the immigration status of such
victims.
(2) BENEFITS- Subject to the availability of appropriations and
notwithstanding any other provision of law, victims of severe forms of
trafficking in persons in the United States shall be eligible, without
regard to their immigration status, for any benefits that are otherwise
available under the Crime Victims Fund, established under the Victims of
Crime Act of 1984, including victims' services, compensation, and
assistance.
(A) Subject to the availability of appropriations, the Attorney
General may make grants to States, territories, and possessions of the
United States (including the Commonwealths of Puerto Rico and the Northern
Mariana Islands), Indian tribes, units of local government, and nonprofit,
nongovernmental victims' service organizations to develop, expand, or
strengthen victim service programs for victims of trafficking.
(B) To receive a grant under this paragraph, an eligible unit of
government or organization shall certify that its laws, policies, and
practices, as appropriate, do not punish or deny services to victims of
severe forms of trafficking in persons on account of the nature of their
work or services performed in connection with such trafficking.
(C) Of amounts made available for grants under this paragraph, there
shall be set aside 3 percent for research, evaluation and statistics; 2
percent for training and technical assistance; and 1 percent for
management and administration.
(D) The Federal share of a grant made under this paragraph may not
exceed 75 percent of the total costs of the projects described in the
application submitted.
(4) CIVIL ACTION- An individual who is a victim of a violation of
section 1589 or section 1589A of title 18, United States Code, regarding
trafficking, may bring a civil action in United States district court. The
court may award actual damages, punitive damages, reasonable attorneys'
fees, and other litigation costs reasonably incurred.
(c) TRAFFICKING VICTIM REGULATIONS- Not later than 180 days after the date
of enactment of this Act, the Attorney General and the Secretary of State
shall promulgate regulations for law enforcement personnel, immigration
officials, and Department of State officials to implement the following:
(1) Victims of severe forms of trafficking, while in the custody of the
Federal Government and to the extent practicable, shall--
(A) be housed in appropriate housing as quickly as possible;
(B) receive prompt medical care, food, and other assistance;
and
(C) 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,
including--
(i) taking measures to protect trafficked persons and their family
members from intimidation and threats of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and identifying information of
trafficked persons and their family members are not disclosed to the
public.
(2) Victims of severe forms of trafficking shall not be jailed, fined,
or otherwise penalized for unlawful acts due to having been trafficked,
including for having used false documents, entering the country without
documentation, or working without documentation.
(3) Victims of severe forms of trafficking shall have access to legal
assistance, information about their rights, and translation services.
(4) Federal law enforcement officials shall act to ensure an alien
individual's continued presence in the United States, if after an
assessment, it is determined that such individual is a victim of trafficking
or a material witness, in order to effectuate prosecution of those
responsible and to further the humanitarian interests of the United States,
and such officials in investigating and prosecuting traffickers shall
protect the safety and integrity of trafficking victims, including taking
measures to protect trafficked persons and their family members from
intimidation, threats of reprisals and reprisals from traffickers and their
associates.
(5) Appropriate personnel of the Department of State and the Department
of Justice are trained in identifying victims of severe forms of trafficking
and providing for the protection of such victims. Training under this
paragraph should include methods for achieving antitrafficking objectives
through the nondiscriminatory application of immigration and other related
laws.
(d) CONSTRUCTION- Nothing in subsection (c) shall be construed as creating
any private cause of action against the United States or its offices or
employees.
(e) FUNDING- Funds from asset forfeiture under section 1592 of title 18,
United States Code (as added by section 12 of this Act) should be first
disbursed to satisfy any judgments awarded victims of trafficking under
subsection (b)(4) and section 1591 of title 18, United States Code (as added
by such section 12). The remaining funds from asset forfeiture are authorized
to be available in equal amounts for the purposes of subsections (a) and (b)
and shall remain available for obligation until expended.
(f) PROTECTION FROM REMOVAL FOR CERTAIN VICTIMS OF TRAFFICKING-
(1) NONIMMIGRANT CLASSIFICATION FOR CERTAIN VICTIMS OF TRAFFICKING-
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(A) by striking `or' at the end of subparagraph (R);
(B) by striking the period at the end of subparagraph (S) and
inserting `; or'; and
(C) by adding at the end the following new subparagraph:
`(T) an alien who the Attorney General determines--
`(i) is physically present in the United States or at a port of
entry thereto;
`(ii) is or has been a victim of a severe form of trafficking in
persons as defined in section 3 of the Interantional Anti-Trafficking
Act of 2000;
`(iii)(I) has not unreasonably refused to assist in the
investigation or prosecution of acts of trafficking; or
`(II) has not attained the age of 14 years; and
`(iv) would face a significant possibility of retribution or other
hardship if removed from the United States,
and, if the Attorney General considers it to be appropriate, the
spouse, married and unmarried sons and daughters, and parents of an alien
described in this subparagraph if accompanying, or following to join, the
alien, except that no person shall be eligible for admission to the United
States under this subparagraph if there is substantial reason to believe
that the person has committed an act of a severe form of trafficking in
persons as defined in section 3 of the Interantional Anti-Trafficking Act
of 2000.'.
(2) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO `T' VISA
NONIMMIGRANTS- Section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) is amended by adding at the end the following new subsection:
`(i) With respect to nonimmigrant aliens described in subsection
(a)(15)(T)--
`(1) the Attorney General and other government officials, where
appropriate, shall provide those aliens with referrals to nongovernmental
organizations that would educate the aliens regarding their options while in
the United States and the resources available to them; and
`(2) the Attorney General shall, during the period those aliens are in
lawful temporary resident status under that subsection, grant the aliens
authorization to engage in employment in the United States and provide the
aliens with an `employment authorized' endorsement or other appropriate work
permit.'.
(3) WAIVER OF GROUNDS FOR INELIGIBILITY FOR ADMISSION- Section 212(d) of
the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by adding
at the end the following new paragraph:
`(13) The Attorney General shall determine whether a ground for
inadmissibility exists with respect to a nonimmigrant described in section
101(a)(15)(T). The Attorney General, in the Attorney General's discretion, may
waive the application of subsection (a) (other than paragraph (3)(E)) in the
case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney
General considers it to be in the national interest to do so. Nothing in this
section shall be regarded as prohibiting the Attorney General from instituting
removal proceedings against an alien admitted as a nonimmigrant under section
101(a)(15)(T) for material nontrafficking related conduct committed after the
alien's admission into the United States, or for material nontrafficking
related conduct or a condition that was not disclosed to the Attorney General
prior to the alien's admission as a nonimmigrant under section
101(a)(15)(T).'.
(4) ADJUSTMENT TO PERMANENT RESIDENT STATUS- Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following new subsection:
`(l)(1) If, in the opinion of the Attorney General, a nonimmigrant
admitted into the United States under section 101(a)(15)(T)--
`(A) has been physically present in the United States for a continuous
period of at least 3 years since the date of admission as a nonimmigrant
under section 101(a)(15)(T);
`(B) has, throughout such period, been a person of good moral
character;
`(C) has not, during such period, unreasonably refused to provide
assistance in the investigation or prosecution of acts of trafficking;
and
`(D) would face a significant possibility of retribution or other
hardship if removed from the United States, the Attorney General may adjust
the status of the alien (and the spouse, married and unmarried sons and
daughters, and parents of the alien if admitted under that section) to that
of an alien lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
`(2) An alien shall be considered to have failed to maintain continuous
physical presence in the United States under paragraph (1)(A) if the alien has
departed from the United States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days.'.
SEC. 8. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) MINIMUM STANDARDS- For purposes of this Act, the minimum standards for
the elimination of trafficking for a country that is a country of origin,
transit, or destination for a significant number of victims are the following
standards:
(1) The country should prohibit severe forms of trafficking in persons
and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving
fraud, force, coercion, or deception, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a death, the
country should prescribe punishment commensurate with that for the most
serious crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the country should prescribe punishment which is
sufficiently stringent to deter and which adequately reflects the heinous
nature of the offense.
(4) The country should make serious and sustained efforts to eliminate
severe forms of trafficking in persons.
(b) CRITERIA- In determinations of whether a country is making serious and
sustained efforts under subsection (a)(4) the following factors should be
considered as indicia of a good faith effort to eliminate severe forms of
trafficking in persons:
(1) Whether the country vigorously investigates and prosecutes acts of
severe forms of trafficking in persons that take place wholly or partly
within the territory of the country.
(2) Whether the country cooperates with other countries in the
investigation and prosecution of severe forms of trafficking in
persons.
(3) Whether the country extradites persons charged with acts of severe
forms of trafficking in persons on the same terms and to the same extent as
persons charged with other serious crimes.
(4) Whether the country monitors immigration and emigration patterns for
evidence of severe forms of trafficking in persons and whether law
enforcement agencies of the country respond to any such evidence in a manner
which is consistent with the vigorous investigation and prosecution of acts
of such trafficking, as well as with the protection of human rights of
victims and the internationally recognized human right to leave and return
to one's own country.
(5) Whether the country protects victims of severe forms of trafficking
in persons and encourages their assistance in the investigation and
prosecution of such trafficking, including provision for legal alternatives
to their removal to countries in which they would face retribution or other
hardship.
(6) Whether the country vigorously investigates and prosecutes public
officials who participate in or facilitate severe forms of trafficking in
persons, and takes all appropriate measures against officials who condone
such trafficking.
SEC. 9. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
The Secretary of State and the Administrator of the United States Agency
for International Development are authorized to provide assistance to foreign
countries directly, or through nongovernmental, intergovernmental and
multilateral organizations, for programs and activities designed to meet the
minimum international standards for the elimination of trafficking, including
drafting of legislation to prohibit and punish acts of trafficking,
investigation and prosecution of traffickers, creation and maintenance of
facilities, programs, and activities for the protection of victims, and the
expansion of exchange programs and international visitor programs for
governmental and nongovernmental personnel to combat trafficking.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
(a) STATEMENT OF POLICY- It is the policy of the United States not to
provide nonhumanitarian non-trade foreign assistance to countries which do not
meet minimum standards for the elimination of trafficking.
(1) ANNUAL REPORT- Not later than April 30 of each year, the Secretary
of State shall submit to the appropriate congressional committees a report
with respect to the status of severe forms of trafficking in persons which
shall include a list of those countries, if any, to which the minimum
standards for the elimination of trafficking under section 8 are applicable
and which do not meet such standards, and which may include additional
information, including information about efforts to combat trafficking and
about countries which have taken appropriate actions to combat
trafficking.
(2) INTERIM REPORTS- In addition to the annual report under paragraph
(1), the Secretary of State may submit to the appropriate
congressional
committees one or more interim reports with respect to the status of severe
forms of trafficking in persons, including information about countries whose
governments have come into or out of compliance with the minimum standards for
the elimination of trafficking since the transmission of the last annual report.
(c) NOTIFICATION- For fiscal year 2003 and each subsequent fiscal year,
for each foreign country to which the minimum standards for the elimination of
trafficking are applicable and which has failed to meet such standards, as
described in an annual or interim report under subsection (b), not less than
45 days and not more than 90 days after the submission of such a report, the
President shall submit a notification to the appropriate congressional
committees of one of the determinations described in subsection (d).
(d) DETERMINATIONS- The determinations referred to in subsection (c) are
as follows:
(1) WITHHOLDING OF NONHUMANITARIAN NON-TRADE ASSISTANCE- The President
has determined that--
(A)(i) the United States will not provide nonhumanitarian nontrade
foreign assistance to the government of the country for the subsequent
fiscal year until such government complies with the minimum standards;
or
(ii) in the case of a country whose government received no
nonhumanitarian nontrade foreign assistance from the United States during
the previous fiscal year, the United States will not provide funding for
participation by officials or employees of such governments in educational
and cultural exchange programs for the subsequent fiscal year until such
government complies with the minimum standards; and
(B) the President will instruct the United States Executive Director
of each multilateral development bank to use his or her best efforts to
deny, any loan or other utilization of the funds of his or her institution
to that country (other than for humanitarian assistance, or for
development assistance which directly addresses basic human needs, is not
administered by the government of the sanctioned country, and confers no
benefit to that government) for the subsequent fiscal year until such
government complies with the minimum standards.
(2) SUBSEQUENT COMPLIANCE- The Secretary of State has determined that
the country has come into compliance with the minimum standards.
(3) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST- Notwithstanding
the failure of the country to comply with minimum standards for the
elimination of trafficking, the President has determined that the provision
of nonhumanitarian nontrade foreign assistance to the country is in the
national interest of the United States.
(4) EXERCISE OF AUTHORITY- In the exercise of the authority under
paragraph (3), the President may exercise such authority with respect to all
foreign assistance to a country or with respect to any specific programs,
projects, or activities, and the President shall exercise such authority so
as to avoid adverse effects on vulnerable populations, including women and
children.
(e) CERTIFICATION- Together with any notification under subsection (c),
the President shall provide a certification by the Secretary of State that,
with respect to assistance described in clause (i), (ii), or (iv) of section
3(6)(A) or in section 3(6)(B), no assistance is intended to be received or
used by any agency or official who has participated in, facilitated, or
condoned a severe form of trafficking in persons.
SEC. 11. ACTIONS AGAINST TRAFFICKERS IN PERSONS.
(a) Authority To Sanction Traffickers in Persons-
(1) IN GENERAL- The President may exercise IEEPA authorities (other than
authorities relating to importation) without regard to section 202 of the
International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of
any foreign person who is on the list described in subsection (b).
(2) PENALTIES- The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) apply to
violations of any license, order, or regulation issued under paragraph
(1).
(3) IEEPA AUTHORITIES- For purposes of clause (i), the term `IEEPA
authorities' means the authorities set forth in section 203(a) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(a)).
(b) List of Traffickers of Persons-
(1) COMPILING LIST OF TRAFFICKERS IN PERSONS- The Secretary of State is
authorized to compile a list of the following persons:
(A) Any foreign person that plays a significant role in a severe form
of trafficking in persons, directly or indirectly in the United States or
any of its territories or possessions.
(B) Foreign persons who materially assist in, or provide financial or
technological support for or to, or providing goods or services in support
of, activities of a significant foreign trafficker in persons identified
pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or
acting for or on behalf of, a significant foreign trafficker so identified
pursuant to subparagraph (A).
(2) REVISIONS TO LIST- The Secretary of State shall make additions or
deletions to any list compiled under paragraph (1) on an ongoing basis based
on the latest information available.
(3) CONSULTATION- The Secretary of State shall consult with the
following officers in carrying out paragraphs (1) and (2).
(A) The Attorney General.
(B) The Director of Central Intelligence.
(C) The Director of the Federal Bureau of Investigation.
(D) The Secretary of Labor.
(E) The Secretary of Health and Human Services.
(4) PUBLICATION OF LIST- Upon compiling the list referred to in
paragraph (1) and within 30 days of any revisions to such list, the
Secretary of State shall submit the list or revisions to such list to the
Committees on the International Relations and Judiciary and the Permanent
Select Committee on Intelligence of the House of Representatives; and to the
Committees on Foreign Relations, the Judiciary, and the Select Committee on
Intelligence of the Senate; and publish the list or revisions to such list
in the Federal Register after such persons on the list have admitted, been
convicted, or been formally found to have participated in the acts described
in paragraph (1) (A), (B), and (C).
(c) REPORT TO CONGRESS ON IDENTIFICATION AND SANCTIONING OF TRAFFICKERS IN
PERSONS- Upon exercising the authority of subsection (a), the President shall
submit a report to the Committees on the International Relations and the
Judiciary, and the Permanent Select Committee on Intelligence of the House of
Representatives and to the Committees on Foreign Relations and the Judiciary,
and the Select Committee on Intelligence of the Senate--
(1) identifying publicly the foreign persons from the list published
under subsection (b)(4) that the President determines are appropriate for
sanctions pursuant to this section; and
(2) detailing publicly the sanctions imposed pursuant to this
section.
(d) Exclusion of Certain Information-
(1) INTELLIGENCE- Notwithstanding any other provision of this section,
the list and report described in subsections (b) and (c) shall not disclose
the identity of any person, if the Director of Central Intelligence
determines that such disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) LAW ENFORCEMENT- Notwithstanding any other provision of this
section, the list and report described in subsections (b) and (c) shall not
disclose the name of any person if the Attorney General, in coordination as
appropriate with the Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, and the Secretary of
the Treasury, determines that such disclosure could reasonably be expected
to--
(A) compromise the identity of a confidential source, including a
State, local, or foreign agency or authority or any private institution
that furnished information on a confidential basis;
(B) jeopardize the integrity or success of an ongoing criminal
investigation or prosecution;
(C) endanger the life or physical safety of any person; or
(D) cause substantial harm to physical property.
(3) NOTIFICATION REQUIRED- (A) Whenever either the Director of Central
Intelligence or the Attorney General makes a determination under this
subsection, the Director of Central Intelligence or the Attorney General
shall notify the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate, and
explain the reasons for such determination.
(B) The notification required under this paragraph shall be submitted to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate not
later than July 1, 2001, and on an annual basis thereafter.
(e) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES NOT AFFECTED- Nothing in
this section prohibits or otherwise limits the authorized law enforcement or
intelligence activities of the United States or the law enforcement activities
of any State or subdivision thereof.
(f) EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM ILLICIT ACTIVITIES OF
TRAFFICKERS IN PERSONS- Section 212(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following new
subparagraph:
`(H) TRAFFICKERS IN PERSONS- Any alien who--
`(i) is on the most recent list of traffickers provided in section
11 of the International Anti-Trafficking Act of 2000, or who the
consular officer or the Attorney General knows or has reason to believe
is or has been a knowing aider, abettor, assister, conspirator, or
colluder with such a trafficker in severe forms of trafficking in
persons, as defined in the section 3 of such Act; or
`(ii) who the consular officer or the Attorney General knows or has
reason to believe is the spouse, son, or daughter of an alien
inadmissible under clause (i), has, within the previous 5 years,
obtained any financial or other benefit from the illicit activity of
that alien, and knew or reasonably should have known that the financial
or other benefit was the product of such illicit activity, is
inadmissible.'.
(g) IMPLEMENTATION- The Secretary of State, the Attorney General, and the
Secretary of Treasury are authorized to take such actions as may be necessary
to carry out this section, including promulgating rules and regulations
permitted under this Act.
(h) DEFINITION OF FOREIGN PERSONS- As used in this section, the term
`foreign person' means any citizen or national of a foreign state or any
entity not organized under the laws of the United States, including a foreign
government official, but does not include a foreign state.
SEC. 12. STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) TITLE 18 AMENDMENTS- Chapter 77 of title 18, United States Code, is
amended--
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking `10 years' and inserting `20 years';
(B) by adding at the end the following: `If, in addition to the
foregoing elements, death results from a violation of this section, or if
such violation includes kidnapping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit aggravated sexual abuse, or an
attempt to kill, the defendant shall be fined under this title or
imprisoned for any term of years or life, or both.';
(2) by inserting at the end the following:
`Sec. 1589. Trafficking into involuntary servitude, peonage, or slavery-like
conditions
`(a) Whoever recruits, harbors, provides, transports, employs, transfers,
receives, purchases, sells, or secures, by any means, any person, knowing or
having reason to know that the person is or will be subjected to involuntary
servitude or peonage or to slavery-like conditions as described in subsection
(b) of this section, or in any way, financially or otherwise, knowingly
benefits from, or makes use of, the labor or services of a person subjected to
a condition of involuntary servitude, peonage, or slavery-like conditions,
shall be fined under this title or imprisoned not more than 20 years, or both;
and if, in addition to the foregoing elements, death results from an act
committed in violation of this section, or if such act includes kidnapping or
an attempt to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined under this
title or imprisoned for any term of years or life, or both.
`(1) the term `slavery-like conditions' means that the labor or services
of a person are obtained or maintained through any scheme or artifice to
defraud, by debt bondage, by subjection of the person to conditions so harsh
or degrading as to provide a clear indication that the person has been
subjected to them by force, fraud, or coercion, or by means of any plan or
pattern, including false and fraudulent pretense and misrepresentations,
such that the person reasonably believes that if he did not perform the act,
labor, or services, serious harm would be inflicted on himself or on another
person, or the person reasonably believes that the person has no option but
to perform the act, labor, or services; and
`(2) the term `debt bondage' means a relationship in which labor or
services are pledged for debt on terms calculated never to allow full
payment of the debt or otherwise amounting to indentured servitude for life
or for an indefinite period.
`(c) This section does not apply to labor performed as a punishment for a
crime whereof the party shall have been duly convicted.
`Sec. 1589A. Sex trafficking of children or by force, fraud, or
coercion
`(a) IN GENERAL- Whoever--
`(1) recruits, entices, harbors, provides, transports, employs,
transfers, receives, purchases, sells, or secures, by any means, any person,
or
`(2) owns, manages, or operates the premises, or shares in the proceeds
of an enterprise in which a person has been recruited, enticed, harbored,
purchased, sold, transported, or transferred,
knowing or having reason to know that the person will be caused by force,
fraud, or coercion to engage in a commercial sex act, or that the person has
not attained the age of 18 years and will be caused or expected to engage in a
commercial sexual act, shall be punished as provided in subsection (b).
`(b) PUNISHMENT- The punishment for an offense under subsection (a)
is--
`(1) if the offense was effected by fraud, force, or coercion, or if the
person transported had not attained the age of 14 years at the time of such
offense, by a fine under this title or imprisonment for any term of years or
for life, or both; or
`(2) if the offense was not effected by fraud, force, or coercion, and
the person transported had attained the age of 14 years but had not attained
the age of 18 years at the time of such offense, by a fine under this title
or imprisonment for not more than 20 years, or both.
`(c) DEFINITION OF COMMERCIAL SEX ACT- In this section, the term
`commercial sex act' means any sex act, whereby anything of value is given to
or received by any person, and--
`(1) which takes place in the United States;
`(2) which affects United States foreign commerce; or
`(3) in which either the person caused or expected to participate in the
act or the person committing the violation is a United States citizen or an
alien admitted for permanent residence in the United States.
`Sec. 1590. Unlawful possession of documents in furtherance of trafficking,
involuntary servitude, peonage, or slavery-like conditions
`(a) Except as provided in subsection (b), whoever destroys, conceals,
removes, confiscates, or possesses any identification, passport, or other
immigration documents, or any other documentation of another person--
`(1) in the course of, or under circumstances which facilitate a
violation of section 1581, 1583, 1584, 1589, or 1589A or a conspiracy or
attempt to commit such a violation; or
`(2) to conceal or impair the investigation or prosecution of a
violation of any section described in paragraph (1);
`(3) to prevent or restrict, without lawful authority, the person's
liberty to move or travel in interstate or foreign commerce,
shall be fined under this title or imprisoned for not more than 5 years,
or both.
`(b) The provisions of subsection (a) shall not apply to persons who have
been trafficked as defined in section 7(c)(2) of the International
Anti-Trafficking Act of 2000.
`Sec. 1591. Mandatory restitution
`(a) Notwithstanding section 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 provide in section 2259(b)(3) and shall in
addition include the greater of the gross income or value to the defendant of
the victim's services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of the Fair Labor
Standards Act (29 U.S.C. 201, et seq.).
`(c) As used in this section, the term `victim' means the individual
harmed as a result of a crime under this chapter, including, in the case of a
victim who is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or a representative of the victim's estate,
or another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named such representative or
guardian.
`Sec. 1592. General provisions
`(a) In a prosecution under section 1581, 1583, 1584, or 1589, a condition
of involuntary servitude or peonage may be established by proof that the
defendant obtained or maintained the labor or service of any person--
`(1) by the use, or threatened use, of force, violence, physical
restraint, or physical injury, or by extortion or the abuse of threatened
abuse of law or the legal process;
`(2) through representations made to any person that physical harm may
occur to that person, or to another, in an effort to wrongfully obtain or
maintain the labor or services of that person; or
`(3) by the use of fraud, deceit, or misrepresentation toward any person
in an effort to wrongfully obtain or maintain the labor or services of that
person.
`(b) An attempt or conspiracy to violate section 1581, 1583, 1584, 1589,
or 1589A shall be punishable in the same manner as a completed violation of
each of these sections, respectively.
`(c)(1) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other sentence
imposed and irrespective of any provision of State law, that such person shall
forfeit to the United States--
`(A) such person's interest in any property, real or personal, that was
used or intended to be used to commit or to facilitate the commission of
such violation; and
`(B) any property, real or personal, constituting or derived from, any
proceeds that such person obtained, directly or indirectly, as a result of
such violation.
`(2) The criminal forfeiture of property under this subsection, any
seizure and disposition thereof, and any administrative or judicial proceeding
in relation thereto, shall follow the guidelines of section 7(e) of the
International Anti-Trafficking Act of 2000.
`(d)(1) The following shall be subject to forfeiture to the United States
and no property right shall exist in them--
`(A) any property, real or personal, used or intended to be used to
commit or to facilitate the commission of any violation of this chapter;
and
`(B) any property, real or personal, which constitutes or is derived
from proceeds traceable to any violation of this chapter.
`(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under this
subsection.
`(f) WITNESS PROTECTION- Any violation of this chapter shall be considered
an organized criminal activity or other serious offense for the purposes of
application of chapter 224 (relating to witness protection).'; and
(3) by amending the table of sections at the beginning of chapter 77 by
adding at the end the following new items:
`1589. Trafficking into involuntary servitude, peonage, or slavery-like
conditions.
`1589A. Sex trafficking of children or by force, fraud, or
coercion.
`1590. Unlawful possession of documents in furtherance of trafficking,
involuntary servitude, peonage, or slavery-like conditions.
`1591. Mandatory restitution.
`1592. General provisions.'.
(b) AMENDMENT TO THE SENTENCING GUIDELINES-
(1) Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons convicted of offenses
involving the trafficking of persons including component or related crimes
of peonage, involuntary servitude, slave trade offenses, and possession,
transfer or sale of false immigration documents in furtherance of
trafficking, and the Fair Labor Standards Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing Commission
shall--
(A) take all appropriate measures to ensure that these sentencing
guidelines and policy statements applicable to the offenses described in
paragraph (1) of this subsection are sufficiently stringent to deter and
adequately reflect the heinous nature of such offenses;
(B) consider conforming the sentencing guidelines applicable to
offenses involving trafficking in persons to the guidelines applicable to
peonage, involuntary servitude, and slave trade offenses; and
(C) consider providing sentencing enhancements for those convicted of
the offenses described in paragraph (1) of this subsection that--
(i) involve a large number of victims;
(ii) involve a pattern of continued and flagrant
violations;
(iii) involve the use or threatened use of a dangerous weapon;
or
(iv) result in the death or bodily injury of any person.
(3) The Commission may promulgate the guidelines or amendments under
this subsection in accordance with the procedures set forth in section 21(a)
of the Sentencing Act of 1987, as though the authority under that Act had
not expired.
(c) RACKETEERING- Section 1961(1) of title 18, United States Code, is
amended by inserting `section 1589 (relating to trafficking into involuntary
servitude, peonage, or slavery-like conditions), section 1589A (relating to
sex trafficking of children or by force, fraud, or coercion),' after
`murder-for-hire),'.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR THE INTERAGENCY TASK FORCE- To
carry out the purposes of section 5, there are authorized to be appropriated
to the Secretary of State $1,500,000 for fiscal year 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 7(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.
(c) AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE-
(1) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES- To carry out the purposes
of section 7(a), there are authorized to be appropriated to the Secretary of
State $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002.
(2) VOLUNTARY CONTRIBUTIONS TO OSCE- To carry out the purposes of
section 9, there are authorized to be appropriated to the Secretary of State
$300,000 for voluntary contributions to advance projects aimed at preventing
trafficking, promote respect for human rights of trafficking victims, and
assisting the Organization for Security and Cooperation in Europe
participating states in related legal reform for fiscal year 2001.
(3) PREPARATION OF ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS- To carry out
the purposes of section 4, there are authorized to be appropriated to the
Secretary of State such sums as may be necessary to include the additional
information required by that section in the annual Country Reports on Human
Rights Practices, including the preparation and publication of the list
described in subsection (a)(1) of that section.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTORNEY GENERAL- To carry out the
purposes of section 7(b), there are authorized to be appropriated to the
Attorney General $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal
year 2002.
(e) Authorization of Appropriations to President-
(1) FOREIGN VICTIM ASSISTANCE- To carry out the purposes of section 6,
there are authorized to be appropriated to the President $5,000,000 for
fiscal year 2001 and $10,000,000 for fiscal year 2002.
(2) ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS- To carry
out the purposes of section 9, there are authorized to be appropriated to
the President $5,000,000 for fiscal year 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 7(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.
END